Texas Register, Volume 38, Number 27, Pages 4243-4444, July 5, 2013 Page: 4,292
4243-4444 p. ; 28 cm.View a full description of this periodical.
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directives because of statutory changes, that proposed rule
language becomes per se consistent with the health, safety, or
environmental and economic welfare of the state, and therefore
the department need not consider alternative methodologies as
part of the preamble small business impact analysis.
ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL
GOVERNMENT
There are no anticipated costs to persons who are required to
comply with the repeal as proposed. There is no fiscal impact to
local employment.
PUBLIC BENEFIT
Jann Melton-Kissel has also determined that for each year of
the first five years the repeal is in effect, the public will ben-
efit from adoption of the repeal and amendments to 25 TAC
Chapter 37. The public benefit anticipated as a result of en-
forcing or administering the sections is to improve how the state
newborn screening program screens all Texas babies for cer-
tain heritable and other disorders and provides follow-up clin-
ical care coordination services to those identified with an ab-
normal (out-of-range) screening result, by ensuring that confir-
matory test(s) and treatment are received, if needed. The pro-
posal will increase the efficiency of department operations and
will increase the user-friendliness of the rules for stakeholders
because of improved organization, clarity and readability. The
new rules would provide for greater agency transparency in its
processes and make agency actions more predicable for stake-
holders. All of this would constitute a public benefit.
REGULATORY ANALYSIS
The department has determined that this proposal is not a
"major environmental rule" as defined by Government Code,
2001.0225. "Major environmental rule" is defined to mean a
rule the specific intent of which is to protect the environment
or reduce risk to human health from environmental exposure
and that may adversely affect, in a material way, the economy,
a sector of the economy, productivity, competition, jobs, the
environment or the public health and safety of a state or a
sector of the state. This proposal is not specifically intended to
protect the environment or reduce risks to human health from
environmental exposure.
TAKINGS IMPACT ASSESSMENT
The department has determined that the proposal does not
restrict or limit an owner's right to his or her property that
would otherwise exist in the absence of government action and,
therefore, does not constitute a taking under Government Code,
2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to David R. Mar-
tinez, Newborn Screening Unit, Specialized Heath Services Sec-
tion, Division of Family and Community Heath Services, De-
partment of State Health Services, Mail Code 1918, P.O. Box
149347, Austin, Texas 78714-9347 or by email at Davidr.Mar-
tinez@dshs.state.tx.us. Comments will be accepted for 30 days
following publication of the proposal in the Texas Register
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa
Hernandez, certifies that the proposal has been reviewed by le-
gal counsel and found to be within the state agencies' authority
to adopt.STATUTORY AUTHORITY
The repeal is authorized by Health and Safety Code, 33.002,
which requires the department to adopt rules necessary to carry
out the program, and by Chapter 33 in general; and Govern-
ment Code, 531.0055(e), and the Health and Safety Code,
1001.075, which authorize the Executive Commissioner of the
Health and Human Services Commission to adopt rules and poli-
cies necessary for the operation and provision of health and hu-
man services by the department and for the administration of
Health and Safety Code, Chapter 1001. Review of the section
implements Government Code, 2001.039.
The repeal affects Health and Safety Code, Chapters 33 and
1001; and Government Code, Chapter 531.
73.21. Newborn Screening.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on June 21, 2013.
TRD-201302604
Lisa Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: August 4, 2013
For further information, please call: (512) 776-6972
TITLE 28. INSURANCE
PART 2. TEXAS DEPARTMENT OF
INSURANCE, DIVISION OF WORKERS'
COMPENSATION
CHAPTER 41. PRACTICE AND PROCEDURE
The Texas Department of Insurance (Department), Division
of Workers' Compensation (Division) proposes the repeal of
41.50, concerning Carrier's Address; 41.101, concerning
Purpose; 41.105, concerning Definitions; 41.110, concerning
Availability; 41.115, concerning Inspection; 41.120, concern-
ing Duplication and Related Services; 41.125, concerning
Duplicating Charges; 41.130, concerning Certified Copies;
41.135, concerning Subpoenas for Confidential Records;
41.140, concerning Record Checks; 41.150, concerning Pub-
lications; and 41.160, concerning Annual Review of Charges.
In accordance with Government Code 2001.039, the notice of
proposed rule review of Chapter 41, Practice and Procedure,
was published in the April 15, 2011, issue of the Texas Register
(36 TexReg 2467) and no comments were received on the re-
view. The adopted rule review of Chapter 41 was published in
the July 29, 2011, issue of the Texas Register(36 TexReg 4819).
Based on the recommendations of the review and for the rea-
sons stated below the Division proposes the repeal of 41.50,
41.101,41.105, 41.110, 41.115, 41.120, 41.125, 41.130, 41.135,
41.140, 41.150, and 41.160.
The Division proposes the repeal of 41.50 because it is redun-
dant. Section 41.50 was adopted effective November 20, 1977
(2 TexReg 4315). It provides that unless otherwise approved by
the board, all notices and communications to insurance carriers
will be addressed to the carrier at an address designated by the38 TexReg 4292 July 5, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 27, Pages 4243-4444, July 5, 2013, periodical, July 5, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326801/m1/50/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.