Part 9. TEXAS STATE BOARD OF MEDICAL EXAMINERS

Chapter 183. ACUPUNCTURE

22 TAC §183.2, §183.4

The Texas State Board of Medical Examiners adopts an amendment to §183.2, concerning Definitions and §183.4, concerning Licensure, without changes to the proposed text as published in the March 2, 2001, issue of the Texas Register (26 TexReg 1822).

The amendments clarify the number of times a licensure applicant is allowed to interview with the board, committee of the board, or the executive director to demonstrate the ability to communicate in the English language.

No comments were received regarding adoption of the amendments.

The amendments are adopted under the authority of the Occupations Code Annotated, §153.001, which provides the Texas State Board of Medical Examiners to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; and enforce this subtitle.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 16, 2001.

TRD-200102173

F. M. Langley, DVM, MD, JD.

Executive Director

Texas State Board of Medical Examiners

Effective date: May 6, 2001

Proposal publication date: March 2, 2001

For further information, please call: (512) 305-7016

Chapter 203. LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES

22 TAC §203.27

The Texas Funeral Service Commission adopts an amendment to §203.27 without changes to the proposed text as published in the January 19, 2001, issue of the Texas Register (26 TexReg 756).

The Texas Funeral Service Commission adopts an amendment to establish the requirement that a licensed embalmer or funeral director be physically present in the room with the provisional licensee and in view of the work performed during the course of the work performed by the provisional licensee.

No comments were received.

The amendment is adopted under Section 651.152 of the Texas Occupation Code, as amended by Section 18 of House Bill 3516, 76th Legislature which authorizes the Commission to issue such rules and regulations as may be necessary to effect the intent of the provisions of this Section.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 12, 2001.

TRD-200102106

O.C. "Chet" Robbins

Executive Director

Texas Funeral Service Commission

Effective date: May 2, 2001

Proposal publication date: January 19, 2001

For further information, please call: (512) 936-2474

Chapter 361. ADMINISTRATION

Subchapter A. GENERAL PROVISIONS

22 TAC §361.11

The Texas State Board of Plumbing Examiners adopts new §361.11, providing for the general procedures that the Board must follow in managing its state vehicle fleet without changes to the proposed text as published in the January 26, 2001, issue of the Texas Register (26 TexReg 871).

The following is a restatement of the rule's factual basis: House Bill 3125, 76th Legislature, requires the Office of Fleet Vehicle Management of the General Services Commission to implement a management plan to improve administration and operation of the state's vehicle fleet. The Office of Fleet Vehicle Management subsequently adopted the State Vehicle Fleet Management Plan, which requires state agencies adopt rules and procedures consistent with the plan. The new rule requires that, with the exception of a vehicle assigned to a field employee, each agency vehicle must be assigned to the agency motor pool and be available for checkout. Additionally, the new rule prohibits assignment of an agency vehicle to an individual administrative or executive employee on a regular basis, unless the agency makes a written documented finding that doing so is critical to the needs of the mission of the agency. The new rule also requires the Board to administer policies and procedures consistent with the Office of Fleet Vehicle Management of the General Services Commission's State Vehicle Fleet Management Plan.

No comments were received regarding the proposed rule.

The new rule is adopted under and affect Texas Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a), (Vernon Supp. 2001), and §2171.045 of the Government Code. Section 5(a) of the Act authorizes, empowers and directs the Board to prescribe, amend and enforce all rules and regulations necessary to carry out the Act. Section 2171.045 of the Government Code requires that each state agency shall adopt rules consistent with the State Vehicle Fleet Management Plan adopted under §2171.104, relating to the assignment of vehicles.

No other statute, article, or code is affected by this adopted new rule.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 11, 2001.

TRD-200102071

Robert L. Maxwell

Administrator

Texas State Board of Plumbing Examiners

Effective date: May 1, 2001

Proposal publication date: January 26, 2001

For further information, please call: (512) 458-2145