REVIEW OF AGENCY RULES

Proposed Rule Reviews

Finance Commission of Texas

Title 7, Part 1

On behalf of the Finance Commission of Texas (commission), the Texas Department of Banking files this notice of intention to review and consider for readoption, revision, or repeal, the following chapter of Texas Administrative Code, Title 7, in its entirety:

Chapter 9 (Rules of Procedure for Contested Case Hearings, Appeals, and Rulemakings), comprised of Subchapter A (§§9.1 - 9.3); Subchapter B (§§9.11 - 9.23 and 9.25 - 9.39); Subchapter C (§9.71 and §9.72); and Subchapter D (§§9.81 - 9.85).

The review is conducted pursuant to Government Code, §2001.039. Comments regarding the review of this chapter, and whether the reasons for initially adopting the sections under review continue to exist, will be accepted for 30 days following the publication of this notice in the Texas Register.

Any questions or written comments pertaining to this notice of intention to review should be directed to Catherine Reyer, General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705, or e-mailed to legal@dob.texas.gov.

Any proposed changes to these sections as a result of the rule review will be published as proposed rules in the Texas Register. Proposed rules are subject to public comment for a reasonable period prior to final adoption by the commission.

TRD-202301492

Catherine Reyer

General Counsel

Finance Commission of Texas

Filed: April 26, 2023


On behalf of the Finance Commission of Texas (commission), the Texas Department of Banking files this notice of intention to review and consider for readoption, revision, or repeal, the following chapter of Texas Administrative Code, Title 7, in its entirety:

Chapter 10 (Contract Procedures), comprised of Subchapter A (§§10.1 - 10.21); Subchapter B (§10.30); and Subchapter C (§10.40).

The review is conducted pursuant to Government Code, §2001.039. Comments regarding the review of this chapter, and whether the reasons for initially adopting the sections under review continue to exist, will be accepted for 30 days following the publication of this notice in the Texas Register.

Any questions or written comments pertaining to this notice of intention to review should be directed to Catherine Reyer, General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705, or e-mailed to legal@dob.texas.gov.

Any proposed changes to these sections as a result of the rule review will be published as proposed rules in the Texas Register. Proposed rules are subject to public comment for a reasonable period prior to final adoption by the commission.

TRD-202301493

Catherine Reyer

General Counsel

Finance Commission of Texas

Filed: April 26, 2023


Texas Department of Banking

Title 7, Part 2

On behalf of the Finance Commission of Texas (commission), the Texas Department of Banking files this notice of intention to review and consider for readoption, revision, or repeal, the following chapter of Texas Administrative Code, Title 7, in its entirety:

Chapter 12 (Loans and Investments), comprised of Subchapter A (§§12.1 - 12.12); Subchapter B (§§12.31 - 12.33); Subchapter C (§12.61 and §12.62); and Subchapter D (§12.91).

The review is conducted pursuant to Government Code, §2001.039. Comments regarding the review of this chapter, and whether the reasons for initially adopting the sections under review continue to exist, will be accepted for 30 days following the publication of this notice in the Texas Register.

Any questions or written comments pertaining to this notice of intention to review should be directed to Catherine Reyer, General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705, or e-mailed to legal@dob.texas.gov.

Any proposed changes to these sections as a result of the rule review will be published as a proposed rule in the Texas Register. Proposed rules are subject to public comment for a reasonable period prior to final adoption by the commission.

TRD-202301496

Catherine Reyer

General Counsel

Texas Department of Banking

Filed: April 26, 2023


On behalf of the Finance Commission of Texas (commission), the Texas Department of Banking files this notice of intention to review and consider for readoption, revision, or repeal, the following chapter of Texas Administrative Code, Title 7, in its entirety:

Chapter 25 (Prepaid Funeral Contracts), comprised of Subchapter A (§§25.1 - 25.9); and Subchapter B (§§25.10 - 25.14, 25.17 - 25.19, 25.21 - 25.25, 25.31 and 25.41).

The review is conducted pursuant to Government Code, §2001.039. Comments regarding the review of this chapter, and whether the reasons for initially adopting the sections under review continue to exist, will be accepted for 30 days following the publication of this notice in the Texas Register.

Any questions or written comments pertaining to this notice of intention to review should be directed to Catherine Reyer, General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705, or e-mailed to legal@dob.texas.gov.

Any proposed changes to these sections as a result of the rule review will be published as a proposed rule in the Texas Register. Proposed rules are subject to public comment for a reasonable period prior to final adoption by the commission.

TRD-202301497

Catherine Reyer

General Counsel

Texas Department of Banking

Filed: April 26, 2023


Texas Commission on Environmental Quality

Title 30, Part 1

The Texas Commission on Environmental Quality (commission) files this Notice of Intention to Review 30 TAC Chapter 33, Consolidated Permit Processing.

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. During this review, the commission will assess whether the reasons for initially adopting the rules in Chapter 33 continue to exist.

Comments regarding suggested changes to the rules in Chapter 33 may be submitted but will not be considered for rule amendments as part of this review. Any such comments may be considered in a future rulemaking action by the commission.

Submittal of Comments

The commission invites public comment on this preliminary review of the rules in Chapter 33. Written comments may be submitted to Gwen Ricco, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted at: https://tceq.commentinput.com/. File size restrictions may apply to comments being submitted via the TCEQ Public Comment system. All comments should reference Non-Rule Project Number 2023-051-033-AI. Comments must be received by June 6, 2023. For further information, please contact David Munzenmaier, Air Permits Division, at (512) 239-6092.

TRD-202301503

Guy Henry

Acting Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 26, 2023


The Texas Commission on Environmental Quality (commission) files this Notice of Intention to Review 30 TAC Chapter 90, Innovative Programs.

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. During this review, the commission will assess whether the reasons for initially adopting the rules in Chapter 90 continue to exist.

Comments regarding suggested changes to the rules in Chapter 90 may be submitted but will not be considered for rule amendments as part of this review. Any such comments may be considered in a future rulemaking action by the commission.

Submittal of Comments

The commission invites public comment on this preliminary review of the rules in Chapter 328. Written comments may be submitted to Gwen Ricco, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://tceq.commentinput.com/. File size restrictions may apply to comments being submitted via the TCEQ Public Comment system. All comments should reference Non-Rule Project Number 2023-054-090-AD. Comments must be received by June 6, 2023. For further information, please contact Chris Leahy, External Relations Division, at (512) 239-2427.

TRD-202301504

Guy Henry

Acting Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 26, 2023


The Texas Commission on Environmental Quality (commission) files this Notice of Intention to Review 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification.

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. During this review, the commission will assess whether the reasons for initially adopting the rules in Chapter 116 continue to exist.

Comments regarding suggested changes to the rules in Chapter 116 may be submitted during this review but will not be considered for rule amendments as part of this review. Any such comments may be considered in a future rulemaking action by the commission.

Submittal of Comments

The commission invites public comment on this preliminary review of the rules in Chapter 116. Written comments may be submitted to Gwen Ricco, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted at: https://tceq.commentinput.com/. File size restrictions may apply to comments being submitted via the TCEQ Public Comment system. All comments should reference Non-Rule Project Number 2023-055-116-AI. Comments must be received by June 6, 2023. For further information, please contact David Munzenmaier, Air Permits Division, at (512) 239-6092.

TRD-202301505

Guy Henry

Acting Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 26, 2023


Texas Commission on Jail Standards

Title 37, Part 9

In accordance with Texas Government Code §2001.039, the Texas Commission on Jail Standards proposes to review all its rules, Texas Administrative Code Title 37, Part 9. The Administrative Rules Advisory Committee will review the rules and consider which, if any, need to be amended or repealed. Following the review, the Committee will give its recommendations to the Commission.

The Committee will consider the following:

- Do current facts, law, policy, and experience support retaining this rule?

- Are the initial factual, legal, and policy reasons for adopting this rule still relevant?

- Is this rule commonly violated? Would amending the rule improve compliance?

- Does this rule still reflect current practices?

- Rule Vagueness:

-- Is this rule so vague that it impedes jails’ ability to understand comply with it or it creates inconsistent rule interpretations? For example, does it use words such as "promptly," "regularly," or "as soon as possible?"

-- Can you amend the rule to reflect informal policies and guidance that staff created to enable jails to comply with this rule?

Comments on the review may be submitted to any of the following: TCJS Rule Review, attention: William Turner, P.O. Box 12985, Austin, Texas 78711-12985; Fax (512) 463-3185; e-mail: will.turner@tcjs.state.tx.us. The Commission must receive comments postmarked no later than 30 days from the date this notice is published in the Texas Register.

TRD-202301484

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Filed: April 25, 2023


Adopted Rule Reviews

Texas Education Agency

Title 19, Part 2

Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 150, Commissioner's Rules Concerning Educator Appraisal, Subchapter AA, Teacher Appraisal; Subchapter BB, Administrator Appraisal; and Subchapter CC, Superintendent Appraisal, pursuant to Texas Government Code, §2001.039. TEA proposed the review of Chapter 150, Subchapters AA-CC, in the November 25, 2022 issue of the Texas Register (47 TexReg 7931).

Relating to the review of Chapter 150, Subchapters AA-CC, TEA finds that the reasons for adopting Subchapters AA-CC continue to exist and readopts the rules. TEA received no comments related to the review of Subchapters AA-CC. No changes to Chapter 150, Subchapters AA and CC, are necessary as a result of the review. In the future, TEA anticipates updating Subchapter BB to align the rules with other TEA administrative rules.

This concludes the review of Chapter 150.

TRD-202301491

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: April 26, 2023