REVIEW OF AGENCY RULES

Proposed Rule Reviews

Employees Retirement System of Texas

Title 34, Part 4

The Employees Retirement System of Texas will review and consider whether to re-adopt, re-adopt with amendments, or repeal 34 Texas Administrative Code Chapter 67, Hearings on Disputed Claims, in accordance with Chapter 815, Texas Government Code, and Chapter 1551, Texas Insurance Code. This review is done pursuant to Texas Government Code §2001.039.

The Board will assess whether the reason(s) for adopting or re-adopting this chapter continues to exist. Each section of the chapter will be reviewed to determine whether it is obsolete, reflects current legal and policy considerations, reflects current general provisions in the governance of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act).

Comments on the review may be submitted in writing within 30 days following the publication of this rule review in the Texas Register to Paula A. Jones, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas 78711-3207, or you may email Ms. Jones at paula.jones@ers.texas.gov. The deadline for receiving comments is Monday, December 30, 2019, at 10:00 a.m. Any proposed changes to the sections of this 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 of any repeal, amendment, or re-adoption.

TRD-201904231

Paula A. Jones

Deputy Executive Director and General Counsel

Employees Retirement System of Texas

Filed: November 14, 2019


Adopted Rule Reviews

The Office of the Attorney General (OAG) adopts the review of Chapter 52, Administration, in accordance with Government Code §2001.039. The notice of intent to review Chapter 52 was published in the August 23, 2019, issue of the Texas Register (44 TexReg 4519).

No comments were received on the proposed rule review.

The OAG has assessed whether the reasons for adopting the rules continue to exist. As a result of the review, the OAG finds the reasons for adopting the rules in Chapter 52 continue to exist and readopts those sections in accordance with the requirements of Texas Government Code §2001.039.

TRD-201904309

Ryan L. Bangert

Deputy Attorney General for Legal Counsel

Office of the Attorney General

Filed: November 15, 2019


The Office of the Attorney General (OAG) adopts the review of Chapter 69, Procurement, Subchapter A, Procedures for Vendor Protests of Procurements, Subchapter B, Historically Underutilized Business Program, and Subchapter D, Contract Monitoring. The proposed notice of intent to review rules was published in the August 30, 2019, issue of the Texas Register (44 TexReg 4749).

No comments were received on the proposed rule review.

The OAG has assessed whether the reasons for adopting the rules continue to exist. As a result of the review, the OAG finds the reasons for adopting the rules continue to exist and readopts those sections in accordance with the requirements of Texas Government Code §2001.039.

Elsewhere in this issue of the Texas Register, the OAG is contemporaneously adopting amendments to Chapter 69, Subchapter A, §§69.1-69.3, concerning procedures for vendor protests of procurements, and Subchapter D, §69.55, concerning contract monitoring.

TRD-201904308

Ryan L. Bangert

Deputy Attorney General for Legal Counsel

Office of the Attorney General

Filed: November 15, 2019


Office of Injured Employee Counsel

Title 28, Part 6

The Office of Injured Employee Counsel (OIEC) will readopt all sections and subchapters of Chapter 276 of Title 28, Part 6, of the Texas Administrative Code, pursuant to the Administrative Procedure Act (APA), Texas Government Code §2001.039. The notice of intention to review Chapter 276 was published in the Texas Register on August 2, 2019, (44 TexReg 4067). APA §2001.039 requires that each state agency review its rules every four years and readopt, readopt with amendments, or repeal the rules adopted by that agency pursuant to the Texas Government Code, Chapter 2001. Such reviews must include, at a minimum, an assessment by the agency as to whether the reason for adopting or readopting the rules continues to exist. OIEC has completed the review of the rules in Chapter 276 pursuant to APA §2001.039 and finds that the reasons for adopting the rules in Chapter 276 continue to exist.

OIEC requested comments on whether the reasons for adopting the rules in Chapter 276 continue to exist. OIEC received one comment, from the Texas Chiropractic Association (TCA).

Summary of Comments:

Comments on Specific Provisions

Section 6 Chapter 276 Title 28 Notice of Injured Employee Rights and Responsibilities

The TCA recommended that OIEC change the Notice of Rights and Responsibilities, Section 7. The recommendation was to have the language of Section 7 changed from "You have the right to choose a treating doctor" to "You have the right to choose a treating doctor, which may include a doctor of medicine, osteopathic medicine, optometry, dentistry, podiatry, or chiropractic who is licensed and authorized to practice."

OIEC Response

OIEC acknowledges that the proposal may have merit and will consider amending the rules as resources permit. OIEC readopts this section.

TRD-201904333

Gina McCauley

General Counsel

Office of Injured Employee Counsel

Filed: November 18, 2019


Texas Department of Transportation

Title 43, Part 1

Notice of Readoption

The Texas Department of Transportation (department) files notice of the completion of review and the readoption of Title 43 TAC, Part 1, Chapter 3, Public Information; Chapter 4, Employment Practices; Chapter 6, State Infrastructure Bank; Chapter 9, Contract and Grant Management; Chapter 12, Public Donation and Participation Program; Chapter 13, Materials Quality; Chapter 22, Use of State Property; Chapter 23, Travel Information; Chapter 25, Traffic Operations; and Chapter 29, Maintenance.

This review and readoption has been conducted in accordance with Government Code, §2001.039. The Texas Transportation Commission (commission) has reviewed these rules and determined that the reasons for adopting them continue to exist. The department received no comments on the proposed rule review, which was published in the August 16, 2019, issue of the Texas Register (44TexReg 4331).

This concludes the review of Chapters 3, 4, 6, 9, 12, 13, 22, 23, 25, and 29.

TRD-201904234

Becky Blewett

Deputy General Counsel

Department of Transportation

Filed: November 14, 2019