REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Department of Transportation

Title 43, Part 1

Notice of Intention to Review

In accordance with Government Code, §2001.039, the Texas Department of Transportation (department) files this notice of intention to review Title 43 TAC, Part 1, Chapter 10, Ethical Conduct by Entities Doing Business with the Department, and Chapter 16, Planning and Development of Transportation Projects.

The department will accept comments regarding whether the reasons for adopting these rules continue to exist. Comments regarding this rule review may be submitted to Rule Comments, General Counsel Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483 or to RuleComments@txdot.gov with the subject line "Rule Review." The deadline for receipt of comments is 5:00 p.m. on December 12, 2022.

In accordance with Transportation Code, §201.811(a)(5), a person who submits comments must disclose, in writing with the comments, whether the person does business with the department, may benefit monetarily from the proposed amendments, or is an employee of the department.

TRD-202204251

Leonard Reese

Senior General Counsel

Texas Department of Transportation

Filed: October 28, 2022


Adopted Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (Department) has completed its review of Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter M, Surplus Agricultural Products Grant Program, pursuant to Texas Government Code, §2001.039 (Agency Review of Existing Rules). The Department considered whether the reasons for the adoption of the rules in this subchapter continue to exist. Notice of the rule review was published in the September 9, 2022, issue of the Texas Register (47 TexReg 5503). No comments were received as a result of that notice.

The Department finds that the reasons for initially adopting each rule in Texas Administrative Code, Title 4, Chapter 1, Subchapter M, continue to exist and readopts the rules with no changes.

TRD-202204327

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: November 2, 2022


Finance Commission of Texas

Title 7, Part 1

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 5 (Administration of Finance Agencies), in its entirety.

Notice of the review of Chapter 5 was published in the August 26, 2022, issue of the Texas Register (47 TexReg 5145). No comments were received in response to the notice.

The commission believes the reasons for initially adopting Chapter 5 continue to exist. However, the commission has determined that certain revisions and amendments may be appropriate and necessary. Proposed amendments and revisions to Chapter 5, 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 5 in accordance with the requirements of the Government Code, §2001.039.

TRD-202204253

Catherine Reyer

General Counsel

Finance Commission of Texas

Filed: October 28, 2022


Texas Department of Banking

Title 7, Part 2

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 11 (Miscellaneous), in its entirety.

Notice of the review of Chapter 11 was published in the August 26, 2022, issue of the Texas Register (47 TexReg 5145). No comments were received in response to the notice.

The commission believes the reasons for initially adopting Chapter 11 continue to exist. However, the commission has determined that certain revisions and amendments may be appropriate and necessary. Proposed amendments and revisions to Chapter 11, 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 11 in accordance with the requirements of the Government Code, §2001.039.

TRD-202204254

Catherine Reyer

General Counsel

Texas Department of Banking

Filed: October 28, 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 26 (Perpetual Care Cemeteries), in its entirety.

Notice of the review of Chapter 26 was published in the August 26, 2022, issue of the Texas Register (47 TexReg 5145). No comments were received in response to the notice.

The commission believes the reasons for initially adopting the rules in Chapter 26 continue to exist. However, the commission has determined that certain revisions and other changes are appropriate and necessary. Proposed amended Chapter 26 sections, with discussion of the justification for the proposed changes, will be published in this issue of the Texas Register.

The commission finds that the reasons for initially adopting these rules continue to exist and readopts Chapter 26 in accordance with the requirements of the Government Code, §2001.039.

TRD-202204255

Catherine Reyer

General Counsel

Texas Department of Banking

Filed: October 28, 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 27 (Applications), in its entirety.

Notice of the review of Chapter 27 was published in the August 26, 2022, issue of the Texas Register (47 TexReg 5146). No comments were received in response to the notice.

The commission believes the reasons for initially adopting Chapter 27 continue to exist. However, the commission has determined that certain revisions and amendments may be appropriate and necessary. Proposed amendments and revisions to Chapter 27, 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 27 in accordance with the requirements of the Government Code, §2001.039.

TRD-202204256

Catherine Reyer

General Counsel

Texas Department of Banking

Filed: October 28, 2022


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 90, concerning Chapter 342, Plain Language Contract Provisions, in its entirety. The rule review was conducted under Texas Government Code, §2001.039.

Notice of the review of 7 TAC Chapter 90 was published in the August 5, 2022, issue of the Texas Register (47 TexReg 4691). 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 90 continue to exist, and readopts this chapter in accordance with the requirements of Texas Government Code, §2001.039.

TRD-202204259

Matthew Nance

Deputy General Counsel

Office of Consumer Credit Commissioner

Filed: October 28, 2022


Texas Historical Commission

Title 13, Part 2

The Texas Historical Commission (hereafter referred to as the commission) adopts the review of Texas Administrative Code, Title 13, Part 2, for Chapter 13, Texas Historic Preservation Tax Credit Program.

This review was completed pursuant to Texas Government Code, §2001.039. The commission has assessed whether the reason(s) for adopting or re-adopting this chapter continues to exist. The notice of a proposed review was published in the August 19, 2022 issue of the Texas Register (47 TexReg 5005).

The commission received no comments related to the review of the above-noted chapter.

As a result of the internal review, the commission has determined that certain revisions are appropriate and necessary. The commission is concurrently adopting amendments to Chapter 13, as published elsewhere in this issue of the Texas Register. Subject to the concurrently adopted amendments to Chapter 13, the commission finds that the reasons for initially adopting these rules continue to exist, and re-adopts Chapter 13 in accordance with the requirements of Texas Government Code, §2001.039.

This concludes the review of 13 TAC Chapter 13.

TRD-202204210

Mark Wolfe

Executive Director

Texas Historical Commission

Filed: October 26, 2022


Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) filed a Notice of Intent to Review to consider for readoption, revision, or repeal the rule chapters listed below, in their entirety, under Title 16, Part 4, of the Texas Administrative Code (TAC). This review was conducted in accordance with Texas Government Code §2001.039.

Rule Chapters Under Review

The Department reviewed the following rule chapters:

Chapter 117, Massage Therapy

Chapter 121, Behavior Analyst

Chapter 130, Podiatric Medicine Program

Public Comments

A combined Notice of Intent to Review for all of the chapters listed above was published in the April 29, 2022, issue of the Texas Register (47 TexReg 2575). The public comment period closed on May 31, 2022. The Department received public comments from 26 interested parties in response to the Notice of Intent to Review. The public comments received for each chapter are explained below.

Chapter 117, Massage Therapy

The Department received comments from 24 interested parties in response to the Notice of Intent to Review for Chapter 117, Massage Therapy. The interested parties included the Federation of State Massage Therapy Boards, massage establishments, a college, and individuals. Of the comments that were received, the Department received two comments in support and one in opposition of re-adoption of the rules. The Department has taken these comments into consideration as part of this review. The Department received 21 comments requesting amendments to the rules with two comments containing multiple requests for amendments to various rules. The request for amendments includes but is not limited to: 1) allowing massage therapy students to obtain licensure after completing a university-level massage therapy program; 2) providing additional rules relating to the prevention of human trafficking; 3) requiring massage establishments to post their license number at the entrance to the establishment; 4) allowing continuing education requirements to be met by virtue of age or length of time as a licensee; 5) removing minimum education requirements from licensure requirements for all licensees; 6) updating existing rules relating to licensing exams, enrollment procedures at massage schools, and student progress reports; 7) changing continuing education requirements; 8) changing massage school curriculum; and 9) amending definitions and omitting the use of the word "female" in favor of language applicable to all genders. The Department will take these comments under consideration for a possible future rulemaking because any amendments must be made using the standard rulemaking process. Additionally, the Department received one public comment unrelated to the rules under review and two comments that related to statutory changes. These comments were directed to the appropriate division for consideration. The Department will not take any further rulemaking action as result of these unrelated comments.

Chapter 121, Behavior Analyst

The Department received comments from one interested party in response to the Notice of Intent to Review for Chapter 121, Behavior Analyst. The Department received a comment from the Texas Association for Behavior Analysis, Public Policy Group, in support of re-adoption of the rules. The Department has taken this comment into consideration as part of this review. The comment submitted also included a request to amend the rules. The comment requested addition of the statutory definition of "applied behavioral analysis"; and consideration by the Department to define or clarify what alternatives would not be considered as "equivalent" certifications for licensure. The Department will take these comments under consideration for a possible future rulemaking because any amendments must be made using the standard rulemaking process.

Chapter 130, Podiatric Medicine Program

The Department received comments from one interested party in response to the Notice of Intent to Review for Chapter 130, Podiatric Medicine Program. The Department received a comment from an individual regarding the fees for an inactive status license. The Department will take this comment under consideration for a possible future rulemaking because any amendments must be made using the standard rulemaking process.

Department Review and Recommendation

The Department has reviewed each of the rule chapters listed above and has determined that the reasons for adopting or readopting the rules in these chapters continue to exist. The rules are still essential in implementing the statutory provisions for each of the affected programs. The rules provide details that are not found in the program statutes but are necessary for implementation and operation of the programs. The Department recommends that the Commission readopt all of the rule chapters listed above, in their entirety and in their current form.

The Department may propose amendments in the future to update, clarify, or supplement the existing rules. Any proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment before final adoption by the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, and in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

Commission Action

At its meeting on October 18, 2022, the Texas Commission of Licensing and Regulation, the Department’s governing body, readopted the following rule chapters, in their entirety and in their current form: 16 TAC, Chapter 117, Massage Therapy; Chapter 121, Behavior Analyst; and Chapter 130, Podiatric Medicine Program. This concludes the review of these rule chapters in accordance with Texas Government Code §2001.039.

TRD-202204325

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: November 2, 2022