REVIEW OF AGENCY RULES

Proposed Rule Reviews

Department of Savings and Mortgage Lending

Title 7, Part 4

On behalf of the Finance Commission of Texas (commission), the Department of Savings and Mortgage Lending (department) files this notice of its intent to review and consider for re-adoption, re-adoption with amendments, or repeal by the commission the following chapters of 7 TAC Part 4:

Chapter 51, Charter Applications (§§51.1 - 51.15); and

Chapter 52, Department Administration (§§52.10 - 52.13, 52.20, 52.30, 52.100 - 52.104, 52.200 -52.205, 52.300 - 52.306).

The review will be conducted in accordance with Government Code §2001.039. The department, in conducting the rule review, will assess whether the reasons for originally adopting the rules continue to exist. Each rule will be reviewed to determine whether it is obsolete, reflects current policy considerations and procedures of the department, and whether it is in compliance with Government Code Chapter 2001 (Administrative Procedure Act).

Written comments regarding the rule review, and whether the reasons for initially adopting the sections under review continue to exist, should be submitted to Iain A. Berry, Deputy General Counsel, at 2601 North Lamar Blvd., Suite 201, Austin, Texas 78705-4294, or by email to rules.comments@sml.texas.gov. All comments must be received within 30 days of publication of this notice. Any proposed changes to the rules resulting from rule review will be published separately in the Proposed Rules section of the Texas Register and will be open for public comment at that time, prior to potential adoption by the commission.

TRD-202200617

Iain A. Berry

Deputy General Counsel

Department of Savings and Mortgage Lending

Filed: February 22, 2022


Texas Real Estate Commission

Title 22, Part 23

The Texas Real Estate Commission (TREC) files this notice of intention to review Texas Administrative Code, Title 22, Part 23, Chapter 537, Professional Agreements and Standard Contracts, and Chapter 543, Rules Relating to the Provisions of the Texas Timeshare Act. This review is undertaken pursuant to Government Code, §2001.039. TREC will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist. Final consideration of this rule review is expected at the TREC meeting in August 2022.

Any questions or comments pertaining to this notice of intention to review should be directed to Vanessa E. Burgess, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188 or e-mailed to general.counsel@trec.texas.gov within 30 days of publication.

During the review process, TREC may determine that a specific rule may need to be amended to further refine TREC's legal and policy considerations; whether the rules reflect current TREC procedures; that no changes to a rule as currently in effect are necessary; or that a rule is no longer valid or applicable. Rules may also be combined or reduced for simplification and clarity when feasible. Readopted rules will be noted in the Rules Review section of the Texas Register without publication of the text. Any proposed amendments or repeal of a rule or chapter as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal.

Issued in Austin, Texas on February 14, 2022.

TRD-202200607

Vanessa Burgess

General Counsel

Texas Real Estate Commission

Filed: February 18, 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 of the Texas Administrative Code:

Chapter 91, Cancer

Subchapter A, Cancer Registry

§91.1 - Purpose

§91.2 - Definitions

§91.3 - Who Reports, Access to Records

§91.4 - What to Report

§91.5 - When to Report

§91.6 - How to Report

§91.7 - Where to Report

§91.8 - Compliance

§91.9 - Confidentiality and Disclosure

§91.10 - Quality Assurance

§91.11 - Requests for Statistical Cancer Data

§91.12 - Requests and Release of Confidential Cancer Data

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 91, Cancer, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, phone number (512) 221-9021, 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=5&ti=25&pt=1&ch=91&sch=A&rl=Y.

TRD-202200609

Mahan Farman-Farmaian

Rules Coordination Office, Director

Department of State Health Services

Filed: February 18, 2022


Adopted Rule Reviews

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, Part 5, Chapter 83, Subchapter A, concerning Rules for Regulated Lenders, 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 two informal precomments in response to the advance notice. The OCCC appreciates the thoughtful input provided by stakeholders.

Notice of the review of 7 TAC Chapter 83, Subchapter A was published in the December 3, 2021, issue of the Texas Register (46 TexReg 8261). The commission received two official comments in response to that notice. One official comment was from the Texas Consumer Credit Coalition, and the other official comment was from the Texas Fair Lending Alliance and Faith Leaders 4 Fair Lending. Both of these official comments deal with whether the commission should amend §83.503 (relating to Administrative Fee). Currently, §83.503 provides a $100 maximum administrative fee for a consumer loan under Texas Finance Code, Chapter 342, Subchapter E.

In its official comment, the Texas Consumer Credit Coalition (an organization of licensed lenders) argues that §83.503 should be amended to increase the maximum administrative fee. The comment explains that the costs of originating loans, including labor, occupancy, and technology, have increased since the $100 maximum was adopted in 2013. The comment refers to aggregated data that the coalition previously provided to the OCCC as an informal comment. In November 2020, the coalition provided an informal comment to the OCCC with aggregated cost information from five companies, purporting to justify increasing the maximum administrative fee to $200.

In their official comment, the Texas Fair Lending Alliance and Faith Leaders 4 Fair Lending (organizations of community and faith leaders supporting reforms to protect Texas consumers) argue that §83.503 should not be amended to increase the maximum administrative fee. The comment expresses concerns about increasing the administrative fee to $200, arguing that this is not supported by available data. The comment points out that licensed lenders have experienced profits and certain decreased expenses. The comment argues that if §83.503 is amended, the maximum should be decreased from $100.

Regarding these official comments, the commission does not believe that the submitted information supports an increase to $200 at this time. The OCCC intends to study this issue further.

As a result of comments from stakeholders and internal review by the OCCC, the commission has determined that certain revisions are appropriate and necessary. These proposed changes are published elsewhere in this issue of the Texas Register. The OCCC intends to further study the issue of whether the maximum administrative fee in §83.503 should be amended.

As a result of the rule review, the commission finds that the reasons for initially adopting the rules in 7 TAC Chapter 83, Subchapter A continue to exist, and readopts this subchapter in accordance with the requirements of Texas Government Code, §2001.039.

TRD-202200601

Matthew Nance

Deputy General Counsel

Office of Consumer Credit Commissioner

Filed: February 18, 2022