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 75, Applications (§§75.1 - 75.3, 75.6, 75.8, 75.10, 75.25 - 75.27, 75.31 - 75.33, 75.35, 75.36, 75.38, 75.39, 75.41, 75.81 - 75.83, 75.87 - 75.91, 75.122 - 75.124, 75.126, 75.127, 75.201 - 75.204);

Chapter 76, Miscellaneous (§§76.1, 76.2, 76.4 - 76.7, 76.12, 76.21 - 76.26, 76.41 - 76.47, 76.91 - 76.103, 76.105 - 76.110); and

Chapter 77, Loans, Investments, Savings, and Deposits (§§77.1 - 77.11, 77.31, 77.33, 77.35, 77.51, 77.71, 77.73, 77.91, 77.92, 77.93, 77.94, 77.95, 77.96).

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 Each rule will be reviewed to determine whether it is obsolete, reflects current policy considerations and procedures of the department, and whether it is in compliance with Government Code Chapter 2001 (Administrative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-202201666

Iain A. Berry

Deputy General Counsel

Department of Savings and Mortgage Lending

Filed: April 27, 2022


Office of the Governor, Economic Development and Tourism Office

Title 10, Part 5

The Office of the Governor, Economic Development and Tourism Office, files this notice of intention to review 10 TAC Chapter 190, concerning the Governor's University Research Initiative. The review is being conducted in accordance with §2001.039 of the Texas Government Code.

An assessment will be made by the Office of the Governor, Economic Development and Tourism Office, as to whether the reasons for adopting the rules continue to exist. Each rule will be reviewed to determine whether to readopt, readopt with amendments, or repeal the rule.

Comments may be submitted for 30 days following the date of publication of this notice by mail to Terry Zrubek, Director EDT Finance, Office of the Governor, Economic Development and Tourism, P.O. Box 12428, Austin, Texas 78711 or by email to Terry.Zrubek@gov.texas.gov with the subject line "GURI Rule Review." The deadline for receipt of comments is 5:00 p.m., Central Time, on June 5, 2022.

TRD-202201614

Terry Zrubek

Director EDT Finance

Office of the Governor, Economic Development and Tourism Office

Filed: April 25, 2022


Texas Education Agency

Title 19, Part 2

The State Board of Education (SBOE) proposes the review of 19 Texas Administrative Code (TAC) Chapter 61, School Districts, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the SBOE in 19 TAC Chapter 61 relate to school districts and are organized under the following subchapters: Subchapter A, Board of Trustees Relationship, and Subchapter B, Special Purpose School Districts.

As required by the Texas Government Code, §2001.039, the SBOE will accept comments as to whether the reasons for adopting 19 TAC Chapter 61, Subchapters A and B, continue to exist.

The public comment period on the review begins May 6, 2022, and ends at 5:00 p.m. on June 10, 2022. A form for submitting public comments on the proposed rule review is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBOE_Rules_(TAC)/State_Board_of_Education_Rule_Review. The SBOE will take registered oral and written comments on the review at the appropriate committee meeting in June 2022 in accordance with the SBOE board operating policies and procedures.

TRD-202201658

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: April 26, 2022


Adopted Rule Reviews

Finance Commission of Texas

Title 7, Part 1

The Finance Commission of Texas (commission) has completed the rule review of Texas Administrative Code, Title 7, Part 1, Chapter 2, concerning Residential Mortgage Loan Originators Regulated by the Office of Consumer Credit Commissioner, in its entirety. The rule review was conducted under Texas Government Code, §2001.039.

Notice of the review of 7 TAC Chapter 2 was published in the February 4, 2022, issue of the Texas Register (47 TexReg 541). The commission received no comments in response to that notice. The commission believes that the reasons for initially adopting the rules contained in this chapter continue to exist.

As a result of internal review by the Office of Consumer Credit Commissioner, the commission has determined that certain revisions are appropriate and necessary. Those proposed changes are published elsewhere in this issue of the Texas Register.

As a result of the rule review, the commission finds that the reasons for initially adopting the rules in 7 TAC Chapter 2 continue to exist, and readopts this chapter in accordance with the requirements of Texas Government Code, §2001.039.

TRD-202201584

Matthew Nance

Deputy General Counsel, Office of Consumer Credit Commissioner

Finance Commission of Texas

Filed: April 22, 2022


On behalf of the Finance Commission of Texas (commission), the Texas Department of Banking has completed its review of Texas Administrative Code, Title 7, Chapter 3 (State Bank Regulation), in its entirety.

Notice of the review of Chapter 3 was published in the February 18, 2022, issue of the Texas Register (47 TexReg 797). No comments were received in response to the notice.

The commission believes the reasons for initially adopting Chapter 3 continue to exist. However, the commission has determined that certain revisions and amendments may be appropriate and necessary. Proposed amendments and revisions to Chapter 3, with discussion of the justification for the proposed changes, will be published in the Texas Register at a later date.

Accordingly, the commission finds that the reasons for initially adopting these rules continue to exist and readopts Chapter 3 in accordance with the requirements of the Government Code, §2001.039.

TRD-202201569

Catherine Reyer

General Counsel

Finance Commission of Texas

Filed: April 22, 2022


Texas Department of Banking

Title 7, Part 2

On behalf of the Finance Commission of Texas (commission), the Texas Department of Banking (Department) has completed its review of Texas Administrative Code, Title 7, Chapter 33 (Money Services Businesses), in its entirety.

Notice of the review of Chapter 33 was published in the February 11, 2022, issue of the Texas Register (47 TexReg 677). Notice of the intent to re-adopt §33.13 and §33.27 was submitted to the Regulatory Compliance Division of the Office of the Governor (Division) as the two rules have the potential to affect market competition. The Division approved the two rules without further amendment.

The commission believes the reasons for initially adopting Chapter 33 continue to exist. However, the commission has determined that certain revisions and amendments may be appropriate and necessary. Proposed amendments and revisions to Chapter 33, with discussion of the justification for the proposed changes, will be published in the Texas Register at a later date.

Accordingly, the commission finds that the reasons for initially adopting these rules continue to exist and readopts Chapter 33 in accordance with the requirements of the Government Code, §2001.039.

TRD-202201568

Catherine Reyer

General Counsel

Texas Department of Banking

Filed: April 22, 2022


Department of Savings and Mortgage Lending

Title 7, Part 4

The Department of Savings and Mortgage Lending (department) has completed its review of 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 of 7 TAC Chapters 51 and 52 was conducted in accordance with Government Code §2001.039. Notice of the review was published in the March 4, 2022 issue of the Texas Register (47 TexReg 1107). No comments were received in response to the notice.

The rules contained in 7 TAC Chapters 51 and 52 were initially adopted by the Finance Commission of Texas (commission) on behalf of the department.

As a result of the rule review conducted by the department, the commission has determined that certain revisions to the rules are appropriate and necessary. Those proposed rule changes are published in the Proposed Rules section in this issue of the Texas Register.

The commission, after considering the results of the rule review conducted by the department, finds that the reasons for initially adopting the rules reviewed continue to exist and readopts 7 TAC Chapters 51 and 52.

TRD-202201667

Iain A. Berry

Deputy General Counsel

Department of Savings and Mortgage Lending

Filed: April 27, 2022


Texas Groundwater Protection Committee

Title 31, Part 18

The Texas Groundwater Protection Committee (TGPC or committee) adopts the rules review and readopts Chapter 601, Groundwater Contamination Report, without changes, in accordance with Texas Government Code, §2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking action. The notice of intention to review was published in the January 28, 2022, issue of the Texas Register (47 TexReg 349).

CHAPTER SUMMARY

The TGPC was created by the 71st Texas Legislature in 1989 to bridge gaps between existing state groundwater programs and to optimize water quality protection by improving coordination among agencies involved in groundwater activities. The committee's rules in Chapter 601 define the conditions that constitute groundwater contamination for purposes of inclusion of cases in the public files for each state agency having responsibilities related to the protection of groundwater. These rules also describe the contents of the committee's Joint Groundwater Monitoring and Contamination Report ("Joint Report") required under Texas Water Code (TWC), §26.406, which must be published no later than April 1st of each year and document the activities and findings of the committee made during the previous calendar year. The Joint Report must describe the current status of groundwater monitoring activities conducted by or required by each agency at regulated facilities or associated with regulated activities; contain a description of each case of groundwater contamination documented during the previous calendar year; describe each case of contamination for which enforcement action was incomplete at the time of issuance of the preceding Joint Report; and indicate the status of enforcement actions for each case of contamination listed in the Joint Report. The rules also specify the form and content of notices of groundwater contamination that must be mailed to each owner of a private drinking water well that may be affected by documented cases of groundwater contamination and to each applicable groundwater conservation district as directed by TWC, §26.408.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The committee conducted a review and determined that the reasons for the rules in Chapter 601 continue to exist. Chapter 601 is necessary because TWC, §26.406 specifically provides that the committee must adopt rules defining the conditions that constitute groundwater contamination for purposes of inclusion of cases in the public files and the Joint Report required by TWC, §26.406, while TWC, §26.408 specifically directs the committee to designate the form and content of the notice of groundwater contamination mailed to owners of private drinking water wells and to groundwater conservation districts. To meet these statutory requirements, the rules provide the definitions and applicability for maintaining public files on groundwater contamination cases and contents of the annual Joint Report required by TWC, §26.406(d) and the form and content of the mailed notice required by TWC, §26.408(c).

PUBLIC COMMENT

The public comment period closed on March 1, 2022. No comments were received.

TRD-202201657

Charmaine Backens

Deputy Director, Environmental Law Division

Texas Groundwater Protection Committee

Filed: April 26, 2022