ISSUE OFJuly 2, 1991" 
Volume 16, Number 50, July 2, 1991     
          
Pages 3646-3745



Emergency Sections


Center for Rural Health Initiatives


3659-Executive Committee for the Center for Rural Health
Initiatives


Proposed Sections


State Purchasing and General Services Commission


3665-Central Purchasing Division


Texas Incentive and Productivity Commission


3665-Productivity Bonus Program


Railroad Commission of Texas


3667-Transportation Division


3668-Gas Utilities Division


3675-Surface Mining and Reclamation Division


Center for Rural Health Initiatives


3675-Executive Committee for the Center for Rural Health
Initiatives


Texas Air Control Board


3676-Control of Air Pollution From Volatile Organic Compounds


3680-Permits


Comptroller of Public Accounts


3681-Tax Administration


Withdrawn Sections


Texas Water Commission


3689-Underground and Aboveground Storage Tanks


Adopted Sections


State Purchasing and General Services Commission


3691-Central Purchasing Division


3692-Travel and Transportation Division


Texas Department of Mental Health and Mental Retardation


3697-Client (Patient) Care


3704-Volunteer Services and Public Information


Texas Workers' Compensation Commission


3708-Medical Benefits-General Medical Provisions


Texas Air Control Board


3708-Control of Air Pollution from Volatile Organic Compounds


Texas Water Commission


3730-Industrial Solid Waste and Municipal Hazardous Waste


Texas Department of Human Services


3731-Income Assistance Services


3731-Community Care for Aged and Disabled


Open Meetings


3733-Texas Department of Aviation


3733-Texas Education Agency


3734-Texas Council on Vocational Education


3734-Health and Human Services


3734-Texas Department of Human Services


3734-Texas Department of Licensing and Regulation


3734-Texas Lay Midwifery Board


3734-Public Utility Commission of Texas


3735-Texas State Soil and Water Conservation Board


3735-Texas State Technical Institute


3735-Texas Water Commission


3735-Texas Youth Commission

3735-Regional Meetings


In Addition


Texas Air Control Board


3737-Notice of Public Hearing


Office of the State Auditor


3737-Consultant Contract Award


Texas Department of Commerce-Texas Literacy Council


3738-Requests for Proposals


Texas Department of Health


3739-Licensing Actions for Radioactive Materials


Texas Department of Human Services


3743-Public Notice


3744-Public Notice Open Solicitation


State Board of Insurance


3744-Company Licensing


Public Utility Commission of Texas


3744-Notice of Intent to File Pursuant to Public Utility
Commission Substantive Rule 23.27


State Purchasing and General Services Commission


3744-Request for Proposals


Texas Water Commission


3744-Invitation for Bids




CONTENTS CONTINUED INSIDE

ISSUE OFJuly 2, 1991" 
TAC Titles Affected



TAC Titles Affected-July


The following is a list of the administrative rules that have
been published this month.


TITLE 1. ADMINSTRATION  


Part V. State Purchasing
and General Services Commission
  


1 TAC sec.113.10--3665   


1 TAC sec.113.13--3691   


1 TAC sec.113.17--3691   


1 TAC sec.sec.113.21, 113.23, 113.25--3692  



1 TAC sec.125.47--3693   


1 TAC sec.sec.125.61, 125.63, 125.65, 125.67--3693
 


Part XIII. Texas Incentive
and Productivity Commission 
 


1 TAC sec.sec.275.1, 275.3, 275.5, 275.7, 275.9, 275.11,
275.13, 275.15, 275.17, 275.19, 275.21--3665


TITLE 16. ECONOMIC REGULATION  


Part I. Railroad Commission
of Texas   


16 TAC sec.5.181--3667   


16 TAC sec.11.221--3675   


16 TAC sec.7.1--3668   


16 TAC sec.7.2--3668   


16 TAC sec.7.3--3669   


16 TAC sec.7.4--3671   


16 TAC sec.7.5--3671   


16 TAC sec.7.6--3671   


16 TAC sec.7.7--3672   


16 TAC sec.7.8--3673   


16 TAC sec.7.9--3673   


16 TAC sec.7.10--3674   


16 TAC sec.sec.7.10, 1.15, 7.20, 2.22, 7.25, 7.27, 7.35
--3673   


16 TAC sec.7.11--3674   


16 TAC sec.7.48--3675   


16 TAC sec.11.221--3675


TITLE 25. HEALTH SERVICES  


Part II. Texas Department
of Mental Health and
Mental Retardation   


25 TAC sec.sec.405.1-405.18--3697   


25 TAC sec.sec.410.101-410.122--3704  


Part V. Center for
Rural Health Initiatives 
 


25 TAC sec.sec.500.21-500.42--3659, 3675


TITLE 28. INSURANCE  


Part II. Texas Workers'
Compensation Commission   


28 TAC sec.133.3--3708


TITLE 31. NATURAL RESOURCES AND CONSERVATION  


Part III. Texas Air
Control Board   


31 TAC sec.115.10--3676, 3708   


31 TAC sec.sec.115.112, 115.114, 115.116, 115.119--3713
  


31 TAC sec.sec.115.122, 115.126, 115.129--3676, 3713
  


31 TAC sec.115.126, sec.115.129--3676   


31 TAC sec.sec.115.132, 115.136, 115.139--3718 
 


31 TAC sec.115.136, sec.115.139--3677   


31 TAC sec.sec.115.212, 115.215, 115.216, 115.219--3719
  


31 TAC sec.115.222, sec.115.229--3720   


31 TAC sec.115.224, sec.115.229--3678   


31 TAC sec.115.239--3721   


31 TAC sec.sec.115.315, 115.316, 115.319--3721 
 


31 TAC sec.115.317--3722   


31 TAC sec.sec.115.322, 115.324, 115.325, 115.327, 115.329
--3722   


31 TAC sec.sec.115.332, 115.334, 115.335, 115.337, 115.339
--3723   


31 TAC sec.sec.115.342, 115.344, 115.345, 115.347, 115.349
--3724   


31 TAC sec.115.417, sec.115.419--3725   


31 TAC sec.sec.115.421-115.427, 115.429--3726  



31 TAC sec.sec.115.422, 115.423, 115.425, 115.426, 115.429
--3678   


31 TAC sec.sec.115.432, 115.435, 115.436, 115.437, 115.439
--3728   


31 TAC sec.sec.115.435, 115.436, 115.439--3679 
 


31 TAC sec.115.512, sec.115.519--3729   


31 TAC sec.sec.115.532, 115.536, 115.537, 115.539--3729
  


31 TAC sec.116.11--3680  


Part IX. Texas Water
Commission   


31 TAC sec.331.481, sec.334.482--3689   


31 TAC sec.335.112--3730   


31 TAC sec.335.431--3731


TITLE 34. PUBLIC FINANCE  


Part I. Comptroller
of Public Accounts  



34 TAC sec.3.253--3681   


34 TAC sec.3.282--3682   


34 TAC sec.3.286--3683   


34 TAC sec.3.375--3684   


34 TAC sec.3.425--3686


TITLE 40. SOCIAL SERVICES AND ASSISTANCE  


Part I. Texas Department
of Human Services  



40 TAC sec.3.902--3731   


40 TAC sec.48.2203, sec.48.2205--3731

   
   


Emergency Sections

An agency may adopt a new or amended section or repeal an
existing section on an emergency basis if it determines that
such action is necessary for the public health, safety, or welfare
of this state. The section may become effective immediately upon
filing with the Texas Register, or
on a stated date less than 20 days after filing, for no more
than 120 days. The emergency action is renewable once for no
more than 60 days.

Symbology in amended
emergency sections. New language added to
an existing section is indicated by the use of bold
text. [Brackets] indicate deletion of existing material
within a section.



TITLE 25. HEALTH SERVICES

Part V. Center for Rural Health Initiatives

Chapter 500. Executive Committee for the Center for Rural
Health Initiatives


Subchapter B. Texas Outstanding Rural Scholar Recognition
and Forgiveness Loan Program


25 TAC sec.sec.500.21-500.42


The Executive Committee of the Center for Rural Health Initiatives
adopts on an emergency basis new Subchapter B, sec.sec.500.21-500.42
concerning the Texas Outstanding Rural Scholar Recognition and
Forgiveness Loan Program. The new subchapter is similar to rules
formerly adopted by the Texas Higher Education Coordinating Board
under Title 19, Texas Administrative Code, Subchapter O. The
new subchapter differs substantively from previous rules in two
areas. New sec.500.24 regarding "eligible institutions of higher
education" and new sec.500. 26 regarding "eligible scholar"
are altered to conform to statutory changes made by Senate Bill
445. Eligible institutions now include nonprofit health-related
schools and programs; eligible scholars now include non-senior
high school and college students.

New sec.500.21 establishes the purpose, administrative responsibilities,
and delegation of powers and duties. Section 500.22 defines terms
used in the subchapter. Sections 500.23-500.28 establish eligibility
under the program by clarifying what constitutes an "allied health
professional," "eligible institution of higher education,""community
agent,""rural scholar,"and "outstanding rural scholar" for program
purposes. Section 500.29 sets out the responsibilities, composition,
terms of office, and operations of the Outstanding Rural Scholar
Advisory Committee. Section 500.30 and sec.500.31 clarify the
operation of the Outstanding Rural Scholar Recognition Program
and establish the way in which outstanding rural scholars will
be selected. Section 500.32 sets out the qualifications for forgiveness
loans for Outstanding Rural Scholars; sec.sec.500.33-500.41
determine loan limits, payments to students, changes in student
status, funds returned to the program, conditions of loans, interest
on loans and compliance and noncompliance with such conditions.
Section 500.42 requires dissemination of a directory of community
agents and of general information about the program.

The new subchapter is adopted on an emergency basis in order
to implement the provisions of Senate Bill 445, 72nd Legislature,
1991, which transferred administration of the Outstanding Rural
Scholar Recognition and Loan Forgiveness Program to the Center
for Rural Health Initiatives from the Texas Higher Education
Coordinating Board. Senate Bill 445 took effect on June 5, 1991.
Therefore, emergency rules are necessary to implement Senate
Bill 445 and to ensure continuity in the program, including authorizing
the provision of loans to students in the program for the Fall
semester. The rules also are being proposed for permanent adoption
in this issue of the Texas Register.

The new sections are adopted under Texas Civil Statutes, Article
4414b-1, sec.4(d), which authorize the Center for Rural Health
Initiatives to administer the Outstanding Rural Scholar Recognition
Program; Texas Civil Statutes, Article 4414b-1.1, sec.9, which
authorize the executive committee of the Center for Rural Health
Initiatives to adopt rules as necessary to implement the program;
and under Article 6252-13a, sec.5, which authorizes the Center
for Rural Health Initiatives to adopt rules on an emergency basis.



sec.500.21. Purpose, Administration,
Delegation of Powers and
Duties.


(a) The purpose of the Texas Outstanding Rural Scholar
Recognition and Forgiveness Loan Program is to recognize, encourage,
and financially support Outstanding Rural Scholars in health
professions studies at institutions of higher education and to
lead them to provide health care in rural areas and communities
of Texas.


(b) The executive committee of the Center for Rural Health
Initiatives (center), as the governing body of the center, or
its successor or successors, shall administer the Texas Outstanding
Rural Scholar Recognition and Forgiveness Loan Program.


(c) The executive committee delegates to the executive
director of the center the powers, duties, and functions authorized
by as provided in this subchapter.



sec.500.22. Definitions.<ol>
The following words and
terms, when used in this
subchapter, shall have the
following meanings,unless the context
clearly indicates otherwise.


<ol>   Advisory committee
-The Outstanding Rural Scholar
Advisory Committee.


<ol>   Center-The Center
for Rural Health Initiatives.


<ol>   Cosigner-A cosigner
of a promissory note
executed under these rules
shall be a person signing
a note, other than the
loan recipient, who is
a citizen or permanent
resident of the United
States over 21 years
of age and who is
gainfully employed or otherwise
demonstrates financial responsibility.
Such a person may be
a relative other than
the spouse and may not
be a student. The community
agent may serve as a
cosigner. A cosigner is
jointly and severally responsible
for all promissory notes
issued through the program
and signed by the rural
scholar and him or herself.


<ol>   Executive Committee
-The executive committee of
the Center for Rural
Health Initiatives.


<ol>   Executive director
-The executive director of
the Center for Rural
Health Initiatives.


<ol>   Forgiveness loan(s)
-For the purposes of this
subchapter, loans made through
the Texas Outstanding Rural
Scholar Forgiveness Loan Program,
which can be canceled
by providing health care
services to the community.


<ol>   Full-time student
-As defined by the institution
of higher education or
health professions program in
which the Outstanding Rural
Scholar is enrolled.


<ol>   Fund-The Texas
Outstanding Rural Scholar Loan
Fund administered by the
executive committee as the
governing body of the
Center for Rural Health
Initiatives from which forgiveness
loans are made.


<ol>   Half-time student
-As defined by the institution
of higher education or
health professions program in
which the Outstanding Rural
Scholar is enrolled.


<ol>   Health care
professional-Any provider of
health care or health
related services in the
fields of medicine, dentistry,
optometry, pharmacy, chiropractic,
psychology, nursing, and allied
health.


<ol>   Health professions
-The fields of medicine,
dentistry, optometry, pharmacy,
chiropractic, psychology, nursing,
and allied health.


<ol>   Program officer
-The Texas Outstanding Rural
Scholar Forgiveness Loan Program
Officer designated by the
institution of higher education
to represent the program
on that campus.


<ol>   Resident of
Texas-A resident of Texas
as described inEducation Code,
Chapter 54, Subchapter B.
Nonresidents eligible to pay
Texas resident tuition at
institutions of higher education
are excluded.


<ol>   Rural area-Any
nonmetropolitan county as defined
by the United States
Census Bureau in its
most recent census.


<ol>   Rural community
-Any incorporated or unincorporated
municipality in a rural
area.



sec.500.23. Allied Health
Professional.<ol> An allied
health professional is any
individual who:


(1) has received a certificate, an Associate Degree,
a Bachelor's Degree, a Masters Degree, a Doctoral Degree, or
post-doctoral training in a science relating to health care;
and


(2)  shares in the responsibility for the delivery of
health care services or related services, including:


(A) services relating to the identification, evaluation,
and prevention of diseases and disorder;


(B)  dietary and nutritional services;


(C) health promotion services;


(D) rehabilitation services; or


(E) health system management services.



sec.500.24. Eligible Institution
of Higher Education.


(a) For purposes of the Outstanding Rural Scholar Forgiveness
Loan Program, an eligible institution of higher education may
be any public institution as defined in the Texas Education Code,
sec.61.003(8), or any nonprofit, independent institution as
defined in the Texas Education Code, sec.61.222, or any other
nonprofit health-related school or program.


(1) Any health related schools or programs within eligible
institutions must be accredited by the Commissions Colleges of
the Southern Association of Colleges and Schools, the Liaison
Committee on Medical Education, the American Osteopathic Association,
the Texas State Board of Nurse Examiners for Registered Nurses,
the Texas Board of Vocational Nurse Examiners, or, in the case
of allied health, an accrediting body recognized by the United
States Department of Education.


(2) An eligible institution must follow the Civil Rights
Act of 1964 (Public Law 88-353) Title VI in avoiding discrimination
in admissions.


(b) Designation of institutional representative. Unless
otherwise specified by the chief executive officer of the institution,
the director of student financial aid shall serve as the Outstanding
Rural Scholar Forgiveness Loan Program officer, shall be the
executive committee's on-campus agent to certify all institutional
transactions and activities with respect to the fund, and shall
be responsible for all records and reports reflecting the transactions
with respect to the fund.



sec.500.25. Community Agent.
<ol> A community agent may
be any entity with council
members, a board of trustees,
or commissioners having perpetuity
that:


(l) is responsible to and serves a rural area or rural
community; and


(2) is legally authorized to raise funds and/or accept
grants, financial gifts from citizens, scholarship funds, or
private foundation funds.



sec.500.26. Eligible Scholar.
<ol> An eligible scholar is
one who is a Texas
resident, is nominated and
sponsored by and has
financial support committed from
a community agent as
defined in these rules,
and is:


(1)  a high school student who:


(A) is enrolled or intends to enroll in a postsecondary
institution on at least a half-time basis to pursue a course
of study to become a health care professional; and


(B) is in the upper 25% of his or her high school's class,
if such class numbers 48 or greater; or


(2) a college student who:


(A) is enrolled or intends to enroll in a postsecondary
institution on at least a half time basis to become a health
care professional; and


(B) has a grade point average equivalent to 3.00 on a
4.00 scale in all college course work or is in the upper 25%
of his or her class; or


(3) an individual who:


(A) has a high school diploma or equivalent;


(B) demonstrates to the satisfaction of a community agent
as defined in these rules that he or she has the motivation,
qualities, and abilities that lead to success in the health professions;
and


(C)  intends to enroll, or is enrolled, in a postsecondary
institution on at least a half-time basis to become a health
care professional.



sec.500.27. Rural Scholar.
<ol> A rural scholar is
a student scholar nominated
by a community agent
for consideration by the
advisory committee.



sec.500.28. Outstanding Rural
Scholar.<ol> An outstanding
rural scholar is a rural
scholar selected for recognition
by the advisory committee
in competition with other
rural scholars.



sec.500.29. Outstanding Rural
Scholar Advisory Committee.


(a)  Role. The Outstanding Rural Scholar Advisory Committee
serves as an advisory committee to the executive committee and:


(1) recommends guidelines to the executive committee
for use by community agents in nominating and sponsoring rural
scholars;


(2) selects and ranks outstanding rural scholars for
the executive committee;


(3) assists the executive committee in building community
support for the Outstanding Rural Scholar Recognition Program;


(4) assists the executive committee in dispensing the
information prepared by the executive committee on the Outstanding
Rural Scholar Recognition Program; and


(5) advises the executive committee on the progress of
the Outstanding Rural Scholar Recognition Program.


(b) Composition. The composition of the advisory committee
is as follows:


(1) one rural practicing family practice physician;


(2) one rural hospital administrator;


(3) one rural practicing registered professional nurse;


(4) one rural practicing allied health professional;


(5) one dean of a medical school;


(6) one dean of a nursing school;


(7) one dean of a school of allied health science;


(8) one head of a vocational/technical institution;


(9) one community college administrator;


(10) one individual knowledgeable in student financial
assistance programs;


(11) one rural public school superintendent; and


(12) one rural resident.


(c) Appointments. Appointments to the advisory committee
by the executive committee shall be made with consideration to
geographical areas of the state.


(d) Vacancies. Vacancies on the advisory committee shall
be filled by the executive committee in the same manner as indicated
in subsections (b) and (c) of this section.


(e) Terms. The committee members serve terms of six years
with the terms of one-third of the members expiring on August
31 of each odd-numbered year. All committee members are eligible
for reappointment to consecutive terms.



sec.500.30. Outstanding Rural
Scholar Recognition Program.


(a)  The community agent, in cooperation with high schools
and postsecondary institutions, is responsible for initiating
and developing the local nominee selection process and support
mechanism for a rural area or rural community for the Outstanding
Rural Scholar Recognition Program.


(b) The community agent and high schools and postsecondary
institutions are responsible for providing information about
the program to interested persons.


(c) The community agent is responsible for preparing
a portfolio for each rural scholar sponsored by the agent for
review by the advisory committee. That portfolio must include:


(1) the rural scholar's name, birth date, and Social
Security Number;


(2) evidence that the student is an eligible scholar;


(3)  evidence that the rural scholar intends to enroll
in a postsecondary institution for the purpose of pursuing an
education in a health professions field and return to the rural
area or rural community to provide health care upon graduation,
certification, licensure, and/or registry, as required to practice
in the State of Texas. This evidence must consist of the following:


(A) the results of an interview with the rural scholar.
The interview must include but is not limited to responses to
questions provided by the advisory committee;


(B) a typed essay of no more than 500 words composed
by the rural scholar stating the following:


(i)<ol> the reasons for
entering the competition;


(ii)<ol> the reasons for
entering a health professions
field;


(iii)<ol> the reasons for
wanting to provide health
care services to rural
Texans; and


(iv)<ol> the health profession
he or she plans to
pursue and the anticipated
time required to complete
the program of study;


(4) results of any standardized tests taken by the rural
scholar;


(5) evidence of academic honors and awards bestowed upon
or received by the rural scholar;


(6) evidence of service awards received by the rural
scholar;


(7) a list of extracurricular activities in which the
rural scholar has participated or is participating;


(8) no more than three recommendations from the professional
staff of the high school, college, or university or from employers,
and/or community leaders;


(9) a statement from the community agent of why the rural
scholar was selected and a statement of the community agent's
satisfaction that the rural scholar's intentions are genuine;


(10) credentials of the community agent including the
following:


(A) proof that the community agent meets the criteria
of a community agent as described in these rules;


(B) a brief description of the local selection process;
and


(C)  a statement from the community agent of its commitment
to support and encourage the rural scholar in ways other than
through financial support including a description of how this
support will be provided;


(11) a statement from the community agent of the projected
need for a health care provider in the rural area or rural community
in the health profession for which the nominee will be trained
to provide services; and


(12) a statement that the community agent is willing
to provide funds to the rural scholar, and if the scholar is
selected for a forgiveness loan, that it believes it will be
able to provide at least 50% of the cost of education at the
eligible institution in which the rural scholar enrolls.


(d) The advisory committee may request additional information
and/or interviews from the community agent and the rural scholar
as needed.


(e) The portfolio described in subsection (c) of this
section must arrive at the center no later than October 15.


(f) The advisory committee will rank scholars based on
the information in the student portfolios.



sec.500.31. Designation of
Outstanding Rural Scholars.


(a) The advisory committee shall select and rank the
outstanding rural scholars and inform the executive committee
of their selections. The executive committee shall notify the
community agents of the outstanding rural scholars selected for
each year and provide the community agents with a certificate
of award signed by the executive director for each Outstanding
Rural Scholar on or before January 15 of each year.


(b) By February 8 of each year the community agent shall
send the center proof of the public recognition provided each
outstanding rural scholar. Such recognition must include an announcement
in local newspapers of the outstanding rural scholar's selection
and may include public recognition of the outstanding rural scholar
at civic gatherings and school assemblies.


(c) In addition to subsection (b) of this section, the
community agent of each top ranked Outstanding Rural Scholar
who may be eligible for a forgiveness loan will be asked to provide
the executive committee by February 8:


(1) the name of the eligible institution the scholar
will attend;


(2) the one year cost of education for the scholar;and


(3) a certified statement of the community agent's committee
to provide 50% of the cost of education if their nominee receives
a forgiveness loan.


(d) By February 15 of each year, the executive committee
shall provide institutions of higher education with lists of
Outstanding Rural Scholars.



sec.500.32. Qualifications for
Forgiveness Loans.<ol> The
executive director may authorize,
or cause to be authorized,
forgiveness loans to Outstanding
Rural Scholars at any
eligible institution, provided:


(1)  the applicant:


(A) is a resident of Texas;


(B) is enrolled, or accepted for enrollment, for the
number of hours required by the eligible institution for the
student's program of study;


(C) has completed an application for an Outstanding Rural
Scholar Forgiveness Loan;


(D) has provided the executive committee evidence of
an agreement entered into by the Outstanding Rural Scholar and
the community agent;


(E) has obtained the signature of a cosigner on the forgiveness
promissory note;


(F)  maintains satisfactory academic progress in an educational
program, except that one semester of grace may be extended to
students on academic probation during which time the student
may receive a forgiveness loan;


(G)  maintains intent to pursue a course of studying
the health professions until accepted in a health professions
program or is pursuing a course of study in the health professions;
and


(2) the community agent makes a formal commitment to
provide 50% of the student's cost of education throughout the
student's agreed

Proposed Sections

Before an agency may permanently adopt a new or amended section,
or repeal an existing section, a proposal detailing the action
must be published in the Texas Register
at least 30 days before any action may be taken. The 30-day time
period gives interested persons an opportunity to review and
make oral or written comments on the section. Also, in the case
of substantive sections, a public hearing must be granted if
requested by at least 25 persons, a governmental subdivision
or agency, or an association having at least 25 members.

Symbology in proposed
amendments. New language added to an existing section
is indicated by the use of bold text.
[Brackets] indicate deletion of existing material within a section.



TITLE 1. ADMINISTRATION

Part V. State Purchasing and General Services Commission

Chapter 113. Central Purchasing Division


Purchasing


1 TAC sec.113.10


The State Purchasing and General Services Commission proposes
an amendment to sec.113.10, concerning delegating the purchase
of services to state agencies. The proposed amendment will provide
for review by the central purchasing authority of service procurements,
the estimated cost of which exceeds $100,000. The central purchasing
authority may then advertise and award the requirement or may
defer the advertisement and award to the state agency.

Ron Arnett, director for purchasing, has determined that for
each year of the first five years the section is in effect there
will be no fiscal implications for state or local government
as a result of enforcing or administering the section.

Mr. Arnett also has determined that for each year of the first
five years the section is in effect the public benefit anticipated
as result of enforcing the section will be increased efficiency
and competitiveness of the purchase of services by state agencies
and the avoidance of common contracting errors frequently experienced
in the past. The effect on small businesses will be that the
section will make access to competitive bidding of services over
$100,000 easier for small businesses as the central purchasing
authority will be advertising many of these requirements allowing
a small business to receive multiple bids for services from one
central bidders list. There is no anticipated economic cost to
individuals who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Judith Porras,
General Counsel, State Purchasing and General Services Commission,
P.O. Box 13047, Austin, Texas 787110-3047. Comments must be received
no later than 30 days from the date of publication of the proposal
in the Texas Register.

The amendment is proposed under Texas Civil Statutes, Article
601b, sec.3.01, which provide the State Purchasing and General
Services Commission with the authority to promulgate rules to
accomplish the purpose of Article 3.



sec.113.10. Delegated Purchases.


(a) General delegation. Pursuant to the provisions of
Texas Civil Statutes, Article 601b, sec.3.08, competitive bidding
whether formal or informal is not required for purchases not
in excess of $250. Purchases subject to Texas Civil Statutes,
Article 6203c (required to be made from the Texas Department
of <nl>Criminal Justice<ol>
[Corrections], see also 
s113.11 of this title (relating
to Texas Department of
<nl>Criminal Justice<ol>
[Corrections], Purchases) and Texas
Civil Statutes, 601b, sec.3.23),
as well as purchases
of products and services
of blind and severely
disabled persons subject to
the Human Resources Code,
Texas Civil Statutes, Chapter
122 (see also sec.113.12
of this title (relating
to Purchase of Blind-Made
Goods and Services) and
Texas Civil Statutes, 601b,
sec.3.22), shall be made
in accord with those
statutes and will not
be affected by this delegation.
By authority granted under
Texas Civil Statutes, 601b,
sec.3.06, the commission has
delegated purchasing functions
in the following cases
to agencies of the state
(spot and emergency purchase
rules will apply to all
types of delegated purchases):


(1)-(4) (No change.)


(1)-(5) (No change.)


(b)-(d) (No change.)


(e) Acquisition of services. The commission has approved
a delegation of purchasing functions connected with the acquisition
of [all] services, <nl>the estimated
cost of which does not
exceed $100,000 per year,
as<ol> described in the
Act, Section 3.01(b), and
not excluded therein from
commission responsibility. Purchases
made under this authority
must be obtained through
competitive bids and documentation
forwarded to the commission
for approval. If an agency
receives certification as described
in paragraph (1) of this
subsection, it need not
send to the commission
documentation required by the
commission except when the
acquisition of services either
is made under the proprietary
specifications requiring written
justification in accord with
Texas Civil Statutes, 601b,
sec.3.09, or is anticipated
to be in an amount
in excess of $25,000.
<nl>A state agency may
not break down a large
purchase into small purchases
in order to meet the
specified dollar amounts. The
purchase of services, the
estimated cost of which
is anticipated to exceed
$100,000 per year, requires
review by the commission
staff of proposed specifications/statement
of work and a determination
of whether the commission
or the user agency should
make the advertisement and
award. The staff may
determine that the service
should be advertised to
the commission's bidders lists
in which case the commission
will make the award in
accordance with open market
procedures (see sec.113.8 of
this title (relating to
Open Market Purchases)). If
the staff determines it
to be in the state's
best interest, as no
competitive advantage can be
obtained by the commission
in making the advertisement
and award, the commission
staff may defer the advertisement
and award to the user
agency.


(1)-(2) (No change.)


(f)-(1) (No change.)


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107544

Judith M. Porras

General Counsel

State Purchasing and General Services Commission

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-3446

   
   

Part XIII. Texas Incentive and Productivity Commission

Chapter 275. Productivity Bonus Program


1 TAC sec.sec.275.1, 275.3,
275.5, 275.7, 275.9, 275.11, 275.13, 275.15, 275.17, 275.19,
275.21


The Texas Incentive and Productivity Commission proposes new
sec.sec.275.1, 275. 3, 275.5, 275.7, 275.9, 275.11, 275.13,
275.15, 275.17, 275.19, and 275.21, concerning rules for the
Productivity Bonus Program currently under Chapters 289, 291,
293, 295, and 297. These rules have been proposed for repeal.
The rules are much the same except for changes made to sec.275.3
and sec.275.17 to incorporate new statutory provisions. The
new rules leave out the reference to a submission date so that
agencies may submit productivity plans at any time. Changes were
made to include hourly, part-time, and temporary employees and
employees who perform functions that are equivalent to those
performed by classified employees in other agencies. In addition,
the new rules specify that part-time employees receive a pro-rata
share of any bonus. A subsection title was amended for clarification.

M. Elaine Powell, executive director, has determined that
for each year of the first five years the sections are in effect
there will be fiscal implications for state government as a result
of enforcing or administering the sections. As a result of the
proposed rules with changes, agencies will submit productivity
plans to increase productivity and decrease costs. The actual
cost savings or increased productivity cannot be estimated since
the productivity plans have not been submitted yet. There will
be no fiscal implications for local government.

Ms. Powell also has determined that for each year of the first
five years the sections are in effect the public benefit anticipated
as a result of enforcing the sections will be cost savings, increased
efficiency and revenues, improvement in state employee morale,
and availability of funds for state projects through increased
productivity. Consolidation of the rules into one chapter will
make the rules easier to read and amend. There will be no effect
on small businesses. There is no anticipated economic cost to
persons who are required to comply with the sections as proposed.

Comments on the proposal may be submitted to M. Elaine Powell,
Executive Director, Texas Incentive and Productivity Commission,
P.O. Box 12482, Austin, Texas 78711.

The new sections are proposed under Texas Civil Statutes,
Article 6252-29a, sec.1, which authorize the Texas Incentive
and Productivity Commission to promulgate rules for its programs.



sec.275.1. Definitions for
the Productivity Bonus Program.
<ol> The following words and
terms, when used in Chapters
289-297 of this part,
shall pertain only to
the Productivity Bonus Program
and shall have the following
meanings, unless the context
clearly indicates otherwise.


<ol>  Act-Texas Civil
Statutes, Article 6252-29a, Incentive
and Productivity Act and
Text of Conference Committee
Report Senate Bill Number
222 and Governor's Veto
Proclamation, 71st Legislature,
1989.


<ol>  Application-The form
submitted by an agency
director to the commission
to request a productivity
bonus award after monitoring
the progress of the agency
or division in implementing
its productivity bonus plan.


<ol>  Certification-The process
by which the executive
director of an agency
ascertains the amount of
savings realized by the
agency or division to
the comptroller of public
accounts.


<ol>  Commission-The Texas
Incentive and Productivity Commission
(TIPC).


<ol>  Division-A unit
of a state agency that:
has an identifiable self-contained
budget; or maintains its
financial records under an
accounting system approved by
the state auditor that
permits the accurate identification
of the expenditures and
receipts of the unit.


<ol>  Executive director-The
appointed or elected executive
administrator of a state
agency.


<ol>  Implementation year-The
fiscal year during which
the agency or division
puts the concepts outlined
in the agency's or division's
productivity plan into effect.


<ol>  Productivity bonus
account-An account created
by the state treasurer
for each state agency
or division participating in
the productivity bonus program.


<ol>  Productivity bonus
award-A cash bonus awarded
to an eligible state
agency, division of that
agency, or employees thereof
after a productivity plan
has been successfully implemented
and proven to save money
in recognition of increased
productivity.


<ol>  Productivity plan-A
proposal detailing planned cost
reductions and changes in
operations that an agency
or division intends to
make in the next fiscal
year, with the goal of
improving efficiency while maintaining
service levels.


<ol>  State agency-A
department, commission, board,
office, or other agency
in the executive or judicial
branch of government. The
term does not include
the office of the governor
or any institution of
higher education as defined
by the Education Code,
sec.61.0003.


<ol>  Verification period-The
90-day period following the
implementation year, during which
the commission verifies the
amount of the savings
certified by the executive
director of an agency
and decides whether or
not to grant a productivity
bonus award.



sec.275.3. Submission of
Productivity Plans.


(a) Submission. The executive director of a state agency
may submit a productivity plan to the commission that, if implemented,
would cause the agency or division to qualify for a productivity
bonus award as outlined sec.293.3 of this title (relating to
Qualifications for Award).


(b) Form. The productivity plan shall be submitted in
a form prescribed by the commission.



sec.275.5. Approval by
Commission.


(a) Approval required. The commission must approve an
agency's productivity plan before the agency may implement the
plan and apply for a productivity bonus award.


(b)  Additional information. The commission may return
any productivity plan to an agency executive director to request
additional information or to clarify details relating to the
plan.


(c) Commission review. Within 30 days of receipt of the
productivity plan, the commission shall review the plan and inform
the executive director in writing that the plan is approved or
rejected.


(d) Plan implementation. An agency may implement the
productivity plan upon approval.



sec.275.7. Plan Revisions.


(a) An agency may make reasonable revisions or adjustments
to its approved productivity plan during the implementation year.


(b) The agency shall inform the commission in writing
of any revisions or adjustments to its approved productivity
plan at least quarterly.



sec.275.9. Application.


(a) Timing. No later than August 1 of the implementation
year, the executive director may apply for a productivity bonus
award.


(b) Form. The application must be made in the form prescribed
by the commission.


(c) Evaluation components. In the application, the executive
director must provide the commission with evaluation components,
developed by the agency or division that establish a quantitative
measure of the agency's or division's productivity and performance.



sec.275.11. Qualifications for
Award.


(a) Biennium appropriation divided. To qualify for a
productivity bonus award, a state agency or division whose appropriation
was specifically divided between fiscal years, must demonstrate
to the commission that the agency or division operated at less
cost during the implementation year than the amount appropriated
to that agency or division for that fiscal year with no decrease
in the agency's or division's required level of services.


(b) Biennium appropriation not divided. If the appropriation
for the agency's or division's fiscal biennium was not specifically
divided between fiscal years, the amount reasonably attributable
to the implementation year from the total appropriation shall
be the basis of evaluation as to whether or not the agency or
division operated for less cost with no decrease in the required
level of service.


(c) Legitimate savings. The commission shall consider
as a legitimate savings a reduction in expenditures made possible
by:


(1) reductions in overtime for eligible employees;


(2) elimination of consultant fees;


(3) elimination of budgeted positions;


(4) elimination of unnecessary travel;


(5)  elimination of unnecessary printing and mailing;


(6) elimination of payments for unnecessary advertising,
membership dues, subscriptions, and other nonessential outlays
of state agency or division funds;


(7) increased efficiency in use of energy;


(8) improved office procedures and systems; and


(9) any other practice or device that the commission
determines has resulted in verifiable savings.


(d) Cost of operation. An agency's or division's claimed
cost of operation shall not be in whole or part the result of:


(1) a lowering of the quality of the service rendered;


(2)  reduced pass-through or transfer expenditures;


(3) receipts realized in excess of budgeted amounts;


(4) failure to implement merited promotions, reclassifications,
or authorized salary increases;


(5)  postponement of scheduled purchases, repairs, or
payments of accounts payable to a future fiscal year;


(6) stockpiling of inventory in the preceding fiscal
year in order to reduce requirements during the fiscal year;


(7) substitution of non state funds for state appropriations;
or


(8)  any other practice, event, or device that the commission
determines has caused a distortion that results in inaccurate
claimed cost of operation.



sec.275.13. Savings Transfer.


(a) Timing. No later than August 1 of the implementation
year, the executive director shall certify the amount of savings
realized by the agency's or division's productivity plan to the
comptroller of public accounts.


(b) Productivity bonus account transfer. The comptroller
of public accounts shall transfer that amount from the appropriation
of the state agency to the agency's or division's productivity
bonus account.



sec.275.15. Application Review.


(a) Timing. Within 60 days after the end of the implementation
year, the commission shall review the application of the state
agency.


(b) Determination of costs. The commission shall compare
the expenditures of the state agency or division with the agency's
or division's total appropriation, if appropriate, and shall
determine the amount by which the agency or division has reduced
its cost of operations during the implementation year.


(c) Additional information. The agency or division shall
provide the commission with any additional information which
may be required by the commission in its review of the agency's
or division's application.


(d) Adjustments. The commission shall make any adjustments
it determines are necessary to eliminate distortions. These adjustments
may include consideration of legislative increases in employee
compensation and inflationary increases in the cost of services,
materials, and supplies.


(e) Notification to agency. If the commission determines
that a state agency or division qualifies for a productivity
bonus, the commission shall notify the executive director of
the agency no later than 90 days after the end of the implementation
year.



sec.275.17. Awards to
Employees.


(a) Amount. If the commission approves an agency or division
for a productivity bonus award, the commission shall award to
the employees of the agency or division an amount not to exceed
25% of the amount in the agency's or division's productivity
bonus account.


(b) Employee eligibility. To be considered eligible for
an award, an employee must be a classified employee under the
Position Classification Act of 1961 (Texas Civil Statutes, Article
6252-11) and must be an employee of the agency or division at
the time the award is approved by the commission and must be
an employee who:


(1) is an hourly, part-time, or temporary employee;


(2) is a classified employee under the Position Classification
Act of 1961 (Texas Civil Statutes, Article 6252-11,); or


(3) performs functions that are equivalent to functions
performed by a classified employee in other state agencies.


(c) Pro rata share of bonus. A current employee who has
worked for the agency or division for less than the full implementation
year or on a part-time basis is entitled to a pro rata share
based on the fraction of the implementation year and the average
fraction of the work week that the employee worked in the agency
or division.


(d) Distribution. The awarded amount shall be distributed
in equal shares to the eligible current employees of the agency
or division.


(e) Bonus limit. A bonus made to any individual employee
may not exceed $5,000.



sec.275.19. Awards to
a Division.


(a) Distribution. If the commission approves a productivity
bonus award for a division of a state agency, the balance of
the amount in the division's productivity bonus account remaining
after the award to employees, shall be distributed between the
state agency to which the division belongs and the fund from
which the original division appropriation was made.


(b)  Appropriation to agency. One third of the balance
after award to employees shall be appropriated to that agency
to be used by the administration of the agency during the subsequent
fiscal year to further agency productivity. The remainder shall
be credited to the appropriate fund.



sec.275.21. Awards to
Agencies.


(a) Distribution. If the commission approves a productivity
bonus award for an entire agency, the balance of the amount in
the agency's productivity bonus account remaining after the award
to employees, shall be distributed between the state agency and
the fund from which the agency's original appropriation was made.


(b) Appropriation. One third of the balance after award
to employees shall be appropriated to that agency to be used
by the administration of the agency during the subsequent fiscal
year to further agency productivity. The remainder shall be credited
to the appropriate fund.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 26, 1991.

TRD-9107595

M. Elaine Powell

Executive Director

Texas Incentive and Productivity Commission

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 475-2393

   
   


TITLE 16. ECONOMIC REGULATION

Part 1. Railroad Commission of Texas

Chapter 5. Transportation Division


Subchapter L. Insurance Requirements


16 TAC sec.5.181


The Railroad Commission of Texas proposes an amendment to
sec.5.181, concerning evidence of insurance required. The amendment
is proposed to set the required limits for accidental insurance
coverage which may be carried in lieu of workers' compensation
insurance. The new subsection is proposed as a response to the
provisions of Senate Bill 691 of the 72nd Legislature.

Jackye Greenlee, assistant director-central operations,
has determined that for the first five-year period the section
is in effect there will be no fiscal implications for state or
local government as a result of enforcing or administering the
section.

Ronald D. Stutes, hearings examiner, has determined that for
each of the first three years the section is in effect the public
benefit anticipated as a result of enforcing the section is the
continued protection of carrier employees in the most cost-effective
manner. There will be no effect on small businesses. There is
no anticipated economic cost to persons who are required to comply
with the proposed section; in fact, since carriers are given
a new option, they will presumably choose the least expensive
alternative and will therefore experience a cost savings.

Public comment is invited and may be submitted within 30 days
to Ronald D. Stutes, Hearings Examiner, Railroad Commission of
Texas, P.O. Box 12967, Austin, Texas 78711.

The amendment is proposed under the Texas Motor Carrier Act,
Texas Civil Statutes, Article 911b sec.13, which authorizes
the commission to set the rates for accidental insurance in lieu
of workers' compensation coverage.



sec.5.181. Evidence of
Insurance Required.


(a)-(b) (No change.)


<nl>(c) Notwithstanding the provisions
of subsection (a)(3) of
this section, a motor
carrier may protect its
employees by obtaining accidental
insurance coverage from a
reliable insurance company authorized
to write such policies
in this state. The accidental
insurance coverage shall be
in the amount of $300,000
or more per occurrence.
Proof of insurance shall
be on a form prescribed
by the commission, and
shall be filed with the
commission along with the
filing fee prescribed in
sec.5.184 of this subchapter
(relating to Insurance Carrier).
A motor carrier may not
be self-insured for the
coverage required in this
subsection.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 24, 1991.

TRD-9107515

Martha V. Swanger

Hearings Examiner

Legal Division, General Law

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-7090

   
   

Chapter 7. Gas Utilities Division


Procedural Rules


16 TAC sec.7.1


The Railroad Commission of Texas (commission) proposes amendments
to sec.sec.7.1, 7.2, and 7.3, the repeal of sec.sec.7.10-7.15,
7.20-7.22, 7.25-7.27, and 7.35; and new sec.sec.7.4-7.11.

The commission proposes to amend sec.sec.7.1, 7.2, and
7.3 concerning, respectively, definitions, filing of documents,
and communications by gas utilities with members or employees
of the commission. The proposed amendments are made for purposes
of clarity and to assure uniformity with, and eliminate repetition
of, the commission's General Rules of Practice and Procedure
effective June 1, 1991. All proposed amendments, with the exception
of a provision for duplicate filings of pleadings and documents
contained in sec.7.2, are non-substantive.

The commission proposes to repeal sec.sec.7.11, 7.25,
7.26, and 7.27 concerning, respectively, filing of documents,
proposals for decision, filing of exceptions and replies, and
final decisions and orders. The repeals are proposed because
the commission's General Rules of Practice and Procedure effective
June 1, 1991, render these sections merely repetitive and therefore
unnecessary. All repeals are non-substantive.

The commission also proposes to repeal sec.7.14 (procedure
for abandonment or discontinuance of service), sec.7.10 (contents
of pleadings), sec.7.12 (establishing and changing residential
and commercial rates-statement of intent), sec.7.13 (procedure
to establish and change residential and commercial rates in unincorporated
areas), sec.7.15 (deadline for the filing of prepared testimony
and exhibits by a utility seeking appellate review of municipal
action and statements of intent to increase a city gate rate),
sec.7.20 (contents of notice), sec.7.21 (publication and
service of notice), and sec.7.22 (statements of intent to participate)
and to simultaneously propose new sec.sec.7.4, 7.5, 7.6,
7.7, 7.8, 7.9, 7.10, and 7.11, respectively, also concerning
the same subject matters. The repeals are simultaneous adoptions
are proposed to renumber and clarify the rules and to assure
uniformity with and eliminate repetition of the commission's
General Rules of Practice and Procedure effective June 1, 1991.
All proposed repeals and adoptions are non-substantive.

The commission proposes to repeal sec.7.35 and to simultaneously
propose new sec.7.48, both concerning construction work in
progress and allowance for funds used during construction. The
repeal and simultaneous adoption are proposed to place the rule
in the proper undesignated head relating to substantive rather
than procedural rules and to clarify the rule.

Linda M. Toutant, Hearings Examiner, Legal Division, Gas Utilities/LP-Gas
Section, has determined that for the first five-year period the
proposed sections are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering
the sections.

Miss Toutant also has determined that for each year of the
first five years the sections are in effect, the public benefit
anticipated as a result of enforcing the sections will be increased
certainty, uniformity, and compliance. There will be no effect
on small businesses. There is no anticipated economic cost to
persons who are required to comply with the sections as proposed.

Comments on the proposal may be submitted to Linda M. Toutant,
Hearings Examiner, Legal Division, Gas Utilities/LP-Gas Section,
Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967,
(512) 463-7015, within 30 days following the date of publication
in the Texas Register.

The amendment is proposed under the Administrative Procedure
and Texas Register Act, Texas Civil Statutes, Article 6252-13a,
which requires agencies to adopt rules of practice. The proposed
amendment is non-substantive and made for purposes of grammatical
clarity and conformance with the provisions of 16 TAC sec.1.2
and related provisions of Chapter 7, specifically existing 
ssec.7.13, 7. 14, 7.15, and 7.35.



sec.7.1. Definitions.<ol>
 The following words and
terms, when used in this
chapter, shall have the
following meanings, unless the
context clearly indicates otherwise.


<ol>   Bulletin-A Division
publication printed twice monthly
containing information about the
division such as notices
of hearings, final orders
and decisions, rules, and
other information of general
interest to the public.
It shall be sent to
all persons and agencies
requesting to be put
on the bulletin mailing
list and paying the applicable
fee.


<nl>   Transportation<ol>/Gas
Utilities Division (division)-That
administrative <nl>subdivision<ol>
[unit] of the commission
responsible for the regulation
of the natural gas utility
industry in Texas.


<ol>   Gas utility
<nl>(utility)<ol>-See definition
in Gas Utility Act, Texas
Civil Statutes, Article 6050
[(1960)], and Gas Utility
Regulatory Act, sec.1.03(3)[,
passed by the 68th Legislature,
1983].


<ol>   Municipality-A city,
incorporated village, or town,
existing, created, or organized
under the general, <nl>home-rule,
<ol> [home rule], or special
laws of the state.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107535

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-7015

   
   


16 TAC sec.7.2


The amendment is proposed under the Administrative Procedure
and Texas Register Act, Texas Civil Statutes, Article 6252-13a,
which require agencies to adopt rules of practice. The amendment
is non-substantive with the exception of its requirement of the
filing of duplicate pleadings and documents. The amendment is
made to conform to the provisions of 16 TAC sec.sec.1.21,
1.23, and 1. 24 and for purposes of clarification and conformity.



sec.7.2. Filing of
Documents.<nl> An original,
or copy of the original,
and one copy of all
pleadings initiating a proceeding
shall be filed with the
director of the Transportation/Gas
Utilities Division. An original,
or copy of the original,
and one copy of all
other pleadings and documents
shall be filed with the
Gas Utilities Section of
the Legal Division. The
mailing address of the
Transportation/Gas Utilities Division
and the Legal Division
is: Railroad Commission of
Texas, P.O. Box 12967,
1701 North Congress Avenue,
Austin, Texas 78711-2967<ol>.
The office hours of the
<nl>Transportation/<ol>Gas Utilities
Division <nl>and Legal
Division are from 8 a.m.
to 5 p.m., Monday-Friday.
Offices are closed on
Saturdays and Sundays and
on certain state-observed holidays.
[All written communications may
be mailed to: Director,
Gas Utilities Division, Railroad
Commission of Texas, P.O.
Drawer 12967, Austin, Texas
78711-2967, or delivered to
William B. Travis Building,
1701 North Congress Avenue,
Austin, Texas 78701.]


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107536

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-7015

   
   


16 TAC sec.7.3


The amendment is proposed under the Administrative Procedure
and Texas Register Act, Texas Civil Statutes, Article 6252-13a,
which require agencies to adopt rules of practice. The amendment
is non-substantive and made for purposes of grammatical clarity
and conformance with the provisions of the rule itself and 16
TAC sec.sec.1.6, 1.23, and 1.24 and a related provision of
Chapter 7, specifically, existing sec.7.2.



sec.7.3. Communication by
Gas Utilities with Members
or Employees of the Railroad
Commission.


(a) There shall be maintained accurate logs of all personal
contacts and telephone communications between gas utilities or
their representatives and members of the commission or employees
of the <nl>Transportation/<ol>Gas Utilities
Division <nl>or Legal
Division<ol>. This log
shall be open <nl>to
the public<ol> for inspection
[by any member of the
public] during normal office
hours. This log shall
contain:


(1)-(4) (No change.)


(5) a statement of any action requested by a gas utility
<nl>or its representative<ol>.


(b) There shall be maintained copies of all written correspondence
between members of the commission or employees of the <nl>Transportation/
<ol>Gas Utilities Division 
<nl>or Legal Division<ol>
and gas utilities or
their representatives. These copies
shall be open to the
public for inspection during
normal office hours.


[(c) Unless required for the disposition of ex parte
matters authorized by law, members of the commission, or employees
of the Gas Utilities Division assigned to render a decision or
make findings of fact and conclusions of law in a contested case
may not communicate, directly or indirectly, in connection with
any issue of fact or law, with any party or his representative,
except on notice and opportunity for all parties to participate.]


<nl>(c)<ol>[(d)] The form
for recording personal contacts
and telephone communications is
attached hereto and adopted
for the purpose of this
section.


[graphic]


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107537

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-6858

   
   


16 TAC sec.7.4


The new section is proposed under the Administrative Procedure
and Texas Register Act, Texas Civil Statute, Article 6252-13a,
which requires agencies to adopt rules of practice. New sec.7.4
contains no substantive changes and is proposed for purposes
of placing the rule in proper sequence, clarifying the rule grammatically
and otherwise, and conforming the rule to the provisions of 16
TAC sec.1.23 and sec.1.25 and a related provision of Chapter
7, specifically, existing sec.7.2.


sec.7.4. Procedure for
Abandonment or Discontinuance of
Service.


(a) Discontinuance of service by a gas utility to any
city gate or local distribution company shall require prior written
commission approval. Except in emergency situations, an application
to abandon or discontinue service shall be filed with the director
of the Transportation/Gas Utilities Division at least 60 days
prior to the proposed effective date of the proposed abandonment
or discontinuance of service. In addition to the information
required in sec.1.25 of this title (relating to Form and Content
of Pleadings), the application shall state the following:


(1) the number of directly affected customers in each
class;


(2) the names and addresses of all directly affected
customers;


(3) the specific reasons for the proposed abandonment;


(4) the alternative energy sources available to the directly
affected customers; and


(5) any previous notice provided by the utility to the
directly affected customers.


(b) A copy of the application shall be sent to all directly
affected customers by the gas utility simultaneously with the
filing of the application to abandon service with the director
of the Transportation/Gas Utilities Division. If a statement
of intent to participate or motion to intervene is filed within
30 days from the date of the filing of the statement of intent,
and party status is thereby subsequently established, a formal
hearing shall be held. If no statement of intent to participate
is filed, or no intervention pleading is filed and granted, then
the matter may be handled on an informal administrative basis.


(c) In emergency situations, the gas utility shall file
an application to abandon or discontinue service at the earliest
possible time after the utility becomes aware that abandonment
or discontinuance is necessary. Emergency procedures may be set
up by the Transportation/Gas Utilities Division to handle these
emergency situations.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107526

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-7015

   
   


16 TAC sec.7.5


The new section is proposed under the Administrative Procedure
and Texas Register Act, Texas Civil Statute, Article 6252-13a,
which requires agencies to adopt rules of practice. New sec.7.5
contains no substantive changes and is proposed for purposes
of placing the rule in proper sequence, clarifying the rule grammatically
and otherwise, and conforming the rule to the provisions of 16
TAC sec.sec.1.23 and sec.1.25 and a related provision of
Chapter 7, specifically, existing sec.sec.7.2, 7.6, and 7.12.


sec.7.5. Contents of
Statements of Intent and
Petitions for Review of
Municipal Action.


(a) In addition to the information required in sec.1.25
of this title (relating to Form and Content of Pleadings), and
any necessary additional information required by the commission
to evaluate the filing, all statements of intent to increase
rates and petitions for review of action by municipality shall
contain the following:


(1) the proposed revisions of rates and schedules;


(2) a statement specifying in detail each proposed change;


(3) the effect the proposed change is expected to have
on the revenues of the applicant; and


(4) the classes and numbers of utility customers affected.


(b) The commission may reject any filing under this section
which does not substantially comply with the requirements stated
in this section at the time of filing or a reasonable time therefrom.
A statement of intent or petition for review of action by a municipality
shall not be deemed filed until all items listed in subsection
(a) of this section have been filed with the director of the
Transportation/Gas Utilities Division.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107527

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-7015

   
   


16 TAC sec.7.6


The new section is proposed under the Administrative Procedure
and Texas Register Act, Texas Civil Statutes, Article 6252-13a,
which requires agencies to adopt rules of practice. New sec.7.6
contains no substantive changes and is proposed for purposes
of placing the rule in proper sequence, clarifying the rule grammatically,
sequentially, and otherwise, and conforming the rule to the provisions
of 16 TAC sec.1.23 and sec.1.25 and related provisions of
Chapter 7, specifically, existing sec.sec.7.2, 7.10, and
7.55.


sec.7.6. Establishing and
Changing Residential and Commercial
Rates-Statement of Intent.


(a) Contents. In addition to the information required
in sec.7.5 of this title (relating to Content of Statements
of Intent and Petitions for Review of Municipal Action), the
following information shall be sworn to and contained in each
statement of intent to change residential and commercial rates
within the original jurisdiction of the commission:


(1) a statement as to whether the proposed rates will
or will not exceed 115% of the average of all rates for similar
services of all municipalities served by the same utility within
the same county;


(2) a statement as to whether or not the proposed change
will result in a "major change," as that term is defined in Texas
Civil Statutes, Article 1446e, sec.5.08(b).


(b) Requirement of additional information for automatic
cost of service increases in adjacent municipalities. If the
rate proposed for residential and commercial rates within the
original jurisdiction of the commission is the same rate as that
in effect in the nearest incorporated area in Texas served by
the same utility, and the rate change in the municipality is
the result of an automatic cost of service adjustment, as defined
in subsection (c) of this section, the gas utility shall file
with the director of the Transportation/Gas Utilities Division,
in addition to the information listed in subsection (a) of this
section, the following information:


(1) all calculations used to derive the cost of service
adjustment;


(2) the effect of the proposed rates on each affected
customer class; and


(3) a copy of the cost of service adjustment clause in
effect in the adjacent municipality.


(c) Definition of cost of service adjustment clause.
Any rate provision other that a purchased gas adjustment clause
provided for in sec.7.55 of this title (relating to Gas Cost
Recovery), which operates to automatically increase or decrease
without prior consent or authority of the appropriate regulatory
authority.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107528

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-7015

   
   


16 TAC sec.7.7


The new section is proposed under the Administrative Procedure
and Texas Register Act, Texas Civil Statute, Article 6252-13a,
which requires agencies to adopt rules of practice. New sec.7.7
contains no substantive changes and is proposed for purposes
of placing the rule in proper sequence, clarifying the rule grammatically
and otherwise, and conforming the rule to the provisions of 16
TAC sec.1.23 and sec.1.25 and a related provision of Chapter
7, specifically, existing sec.sec.7.2, 7.10, 7.12, 7.20 and
7.21.


sec.7.7. Procedure to
Establish and Change Residential
and Commercial Rates in
Unincorporated Areas.


(a) Definitions. For purposes of this section, residential
and commercial rates subject to the commission's original jurisdiction
shall be classified as either "environs rates" or "special rates."


(1) Environs rates-Residential and commercial rates for
a gas utility applicable to natural gas sales and service in
unincorporated areas adjacent to or near incorporated cities
and towns, aside from "special rates" as defined in paragraph
(2) of this subsection.


(2) Special rates-Residential and commercial rates for
a gas utility applicable to natural gas sales and service established
pursuant to commission orders applicable only to service by a
given utility within a specified area and not specifically keyed
to the rates charged in any incorporated area.


(b) Levels of environs rates.


(1) The environs rates may be the same rates as those
in effect in the nearest incorporated area in Texas served by
the same utility where gas is obtained from at least one common
pipeline supplier or transmission system. The commission, on
application by a utility, on complaint by any affected person,
or on its own motion may review the rate in, or boundaries of,
a given environs area and may consent to or direct adjustment
where appropriate.


(2) Notwithstanding subsection (a)(1) of this section
and paragraph (1) of this subsection, environs rates shall include
any quality of service rules adopted by the commission, such
as sec.7.45 of this title (relating to Quality of Service).
Such quality of service rules shall apply to environs areas and
become part of environs rates regardless of whether the same
quality of service rules are in effect in the related incorporated
areas.


(c) Rate changes for environs rates. Rate changes in
environs shall be made in accordance with the following procedures.


(1) The statement of intent and notice shall be made
as otherwise required under Texas Civil Statutes, Article 1446e,
sec.5.08(a) and sec.7.6 of this title (relating to Establishing
and Changing Residential and Commercial Rates-Statement of Intent).
In addition, when environs rates are to be changed at the same
time and to the same extent as the related incorporated area
(city) rate and the proposed change does not constitute a "major
change," the statement of intent to increase such environs rates
shall include (in completed form) the following legend: This
is a Statement of Intent to change environs rates for the unincorporated
areas in the vicinity of _______________, and contains rates
identical with and to become effective upon the same date as
rates contained in a similar Statement of Intent filed on or
about this date by this utility with said city. This Statement
of Intent is intended to produce the same residential and commercial
rates as finally approved for the City of _______________ and
applies to the rates set out herein or any lower rates finally
approved for the City of _______________. Any rate changes pursuant
to this Statement of Intent will not become effective until identical
changes have become effective within the City of _______________.
All rate schedules filed with the environs Statement of Intent
shall bear the following legend: "Effective on the latter of
_______________or such other date as new rates become effective
in the City of _______________."


(2) The utility shall give notice of the filing of a
statement of intent to change environs rates as required by 
s7.10 of this title (relating to Publication and Service of
Notice.)


(3) Upon request, the environs rates may become effective
upon the same date as the rates became effective in the municipality
upon a showing of good cause pursuant to Texas Civil Statutes,
Article 1446e, sec.5.08(b). In no event may environs rates
become effective any earlier than the initial filing date with
the director of the Transportation/Gas Utilities Division. If
an appeal should be taken from the city to the commission and
the commission establishes rates the same as or less than those
in the environs statement of intent, the rates established by
the commission in the city may become simultaneously effective
in the environs area. If that appeal should be dismissed, any
rates which have been established in the city may become effective
in the environs area at the time of dismissal, provided that
the rates established in the city are the same as or less than
those in the environs statement of intent.


(4) Prior to final commission approval of the proposed
environs rates, the utility shall furnish a copy of any action
taken by the city with respect to the related statement of intent,
the form of written notice mailed to affected environs area customers,
and an affidavit of publication from the newspaper in which notice
by publication was made, or an affidavit stating the manner in
which notice was otherwise given pursuant to Texas Civil Statutes,
Article 1446e, sec.5.08(a). Nothing herein shall restrict the
commission's power and duty on its own motion or upon complaint
from any affected person at any time within 30 days from the
date when such change would otherwise have become effective to
undertake such investigation and hearing as provided in Texas
Civil Statutes, Article 1446e, sec.5.08(c), as may appear appropriate
under the circumstances to determine fair and reasonable rates
for the environs area in question.


(d) Rate changes proposed pursuant to cost of service
adjustments. The commission shall review a cost of service adjustment,
as defined in sec.7.6(c) of this title (relating to Establishing
and Changing Residential and Commercial Rates-Statement of Intent),
for a proposed environs rate on a cost of service basis. The
cost of service adjustment clause in effect in the adjacent municipality
shall not be applicable or put into effect for the affected environs
area, although the utility may request the same rates that are
in effect in the adjacent municipality for the environs area.
The review of the proposed rate increases pursuant to these clauses
may be conducted on an informal basis and will not require a
formal hearing unless a complaint is received pursuant to subsection
(c)(4) of this section or the commission elects to conduct a
formal hearing.


(e) Other rate changes. This section shall not apply
to major rate changes or to changes in special rates.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107529

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-7015

   
   


Procedural Rules


16 TAC sec.7.8


The new section is proposed under the Administrative Procedure
and Texas Register Act, Texas Civil Statutes, Article 6252-13a,
which require agencies to adopt rules of practice. New sec.7.8
contains no substantive changes and is proposed for purposes
of placing the rule in proper sequence, clarifying the rule grammatically
and sequentially, and conforming the rule to the provisions of
16 TAC sec.1.23 and sec.1.48 and related provisions of Chapter
7, specifically, existing sec.7.2 and sec.7.21.



sec.7.8. Deadline for
the Filing of Prepared
Testimony and Exhibits by
a Utility Seeking Appellate
Review of Municipal Action
and Statements of Intent
to Increase a City Gate
Rate.


(a) Petitions for review. Any utility filing a petition
for review appealing the decision of the governing body of a
municipality to the commission shall file its direct evidence
to support its proposed rate increase, including those items
required pursuant to sec.7.50 of this title (relating to Certain
Matters to be Submitted in Rate Hearings) and prepared testimony
of all of its witnesses and exhibits with the director of the
Transportation/Gas Utilities Division of the same date it files
its petition for review.


(b) Statements of intent to increase city gate rates.
Any utility filing a statement of intent to increase a city gate
rate which is subject to the original jurisdiction of the commission
shall file its direct evidence to support its proposed rate increase,
including those items required pursuant to sec.7.50, and prepared
testimony of all of its witnesses and exhibits with the director
of the Transportation/Gas Utilities Division on the same date
it files its statement of intent.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107530

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-7015

   
   


16 TAC sec.7.9


The new section is proposed under the Administrative Procedure
and Texas Register Act, Texas Civil Statutes, Article 6252-13a,
which require agencies to adopt rules of practice. New sec.7.9
contains no substantive changes and is proposed for purposes
of placing the rule in proper sequence and conforming the rule
to the provisions of 16 TAC sec.1.24 and sec.1.43 as well
as Texas Civil Statutes, Article 1446e, sec.5.08(a), and related
provisions of Chapter 7, specifically, existing sec.7.2 and
sec.7.13.



sec.7.9. Contents of
Notice.


(a) In all proceedings involving rate setting, the notice
shall include the following information:


(1) the proposed revision of rates and schedules;


(2) a statement specifying in detail each proposed change;


(3) the effect the proposed change is expected to have
on the revenues of the company;


(4) the classes and numbers of utility customers affected;


(5) any other information required by the commission.


(b) In addition to the information required in subsection
(a) of this section, in all proceedings involving statements
of intent to change "environs rates," as the term is defined
in sec.7.7(a)(1) of this title (relating to Procedure to Establish
and Change Residential and Commercial Rates in Unincorporated
Areas), notice shall also include: the date of the filing of
the statement of intent, a statement as to whether or not the
proposed rates constitute a "major change," a statement that
the proposed change in rates will not become effective until
similar changes have become effective within the nearest incorporated
city if the rates are sought to be at the same level as the city
rates, the location where information concerning the proposed
change may be obtained, and a statement that any affected person
may file in writing comments or a protest concerning the proposed
change in the environs rates with the Gas Utilities Section of
the Legal Division, Railroad Commission of Texas, P.O. Box 12967,
Austin, Texas 78711-2967, at any time within 30 days following
the date on which the change would or has become effective. If
notice is effected by mail under the provisions of Texas Civil
Statutes, Article 1446e, sec.5.08(a), such notice shall be
printed in type large enough for easy reading and shall be the
only information contained on the piece of paper on which it
is written. It shall be proper for the utility to give the aforesaid
notice by mailing or otherwise delivering the same in accordance
with its customary billing procedures.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107531

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-7015

   
   


16 TAC sec.sec.7.10-7.15,
7.20-7.22, 7.25-7.27, 7.35


(Editor's note: The
text of the following
sections proposed for repeal
will not be published.
The sections may be examined
in the offices of the
Railroad Commission of Texas
or in the Texas Register
office, Room 245, James
Earl Rudder Building, 1019
Brazos Street, Austin.)


The repeals are proposed under the Administrative Procedure
and Texas Register Act, Texas Civil Statutes, Article 6252-13a,
which require an agency to adopt rules of practice.



sec.7.10. Form and
Content of Pleadings.



sec.7.11. Filing of
Documents; Pleadings.



sec.7.12. Establishing and
Changing Residential and Commercial
Rates-Statement of Intent.



sec.7.13. Procedure to
Establish and Change Residential
and Commercial Rates in
Unincorporated Areas.



sec.7.14. Procedure for
Abandonment or Discontinuance of
Service.



sec.7.15. Deadline for
the Filing or Prepared
Testimony and Exhibits by
Utility Seeking Appellate Review
of Municipal Action and
Statements of Intent to
Increase a City Gate
Rate.



sec.7.20. Contents of
Notice.



sec.7.21. Publication and
Service of Notice.



sec.7.22. Statement of
Intent to Participate.



sec.7.25. Proposals for
Decision.



sec.7.26. Filing of
Exceptions and Replies.



sec.7.27. Final Decisions
and Orders.



sec.7.35. Construction Work
in Progress and Allowance
for Funds Used During
Construction.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107525

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-7015

   
   


16 TAC sec.7.10


The new section is proposed under the Administrative Procedure
and Texas Register Act, Texas Civil Statutes, Article 6252-13a,
which require agencies to adopt rules of practice. New sec.7.10
contains no substantive changes and is proposed for purposes
of placing the rule in proper sequence, clarifying the rule grammatically
and sequentially, and conforming the rule to the provisions of
16 TAC sec.sec.1.8, 1.23, 1.24, 1.42, 1.45, and 1.48, as
well as Texas Civil Statutes, Article 1446e, sec.5.08(a) and
related provisions of Chapter 7, specifically existing sec.
s7.2, 7.13, and 7.15.



sec.7.10. Publication and
Service of Notice.


(a) Rate-setting proceedings.


(1) In all rate proceedings, notice shall be given in
the following ways:


(A) publication of notice of hearing in the next Gas
Utilities Division Bulletin published after the date of issuance
of the notice of hearing.


(B) in accordance with sec.1.45 of this title (relating
to Notice of Hearing in Nonrulemaking Proceedings) and, when
applicable, sec.1.48 of this title (relating to Service in
Protested Contested Cases);


(C) as required under Texas Civil Statutes, Article 1446e,
sec.5.08(a);


(D) the Legal Division may also require that notice be
mailed or delivered to other affected persons or agencies.


(2) In addition to the notice required in paragraph (1)
of this subsection, notice shall also be given in rate proceedings
involving only the commission's appellate jurisdiction, by serving
all parties in the original rate proceeding and the affected
municipality with a copy of the petition for review on the same
date the petition for review is filed. If any person or entity
intervenes, the utility shall furnish a copy of its direct evidence
and prepared testimony filed with the director of the Transportation/Gas
Utilities Division, to the intervenor within five days from the
date the motion to intervene is granted.


(3) In addition to notice required in paragraph (1) of
this subsection, notice shall also be given in rate proceedings
involving city gate rates, by serving all directly affected customers
with a copy of the statement of intent on the same date the statement
of intent is filed. If any person or entity intervenes, the utility
shall furnish a copy of its direct evidence and prepared testimony
filed with the director of the Transportation/Gas Utilities Division,
to the intervenor within five days from the date the motion to
intervene is granted.


(b) Rulemaking proceedings. In rulemaking proceedings,
notice shall be given in the following ways:


(1) in accordance with sec.1.42 of this title (relating
to Notice of Rulemaking Proceedings);


(2) the Legal Division shall mail notice to all persons
who have made timely written requests of the commission for advance
notice of its rule-making proceedings;


(3) publication of the notice of hearing in the next
Gas Utilities Bulletin published after the date of issuance of
the notice of hearing;


(4) the Legal Division may require the applicant to mail
or deliver notice to other affected persons or agencies.


(c) Proceedings other than ratesetting or rulemaking
proceedings. In proceedings other than ratesetting or rulemaking,
notice shall be given in the following ways:


(1) publication of the notice of hearing in the next
Gas Utilities Bulletin published after the date of issuance of
the notice of hearing;


(2) the Legal Division may require the applicant to mail
or deliver notice to other affected persons or agencies.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107532

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-7015

   
   


16 TAC sec.7.11


The new section is proposed under the Administrative Procedure
and Texas Register Act, Texas Civil Statutes, Article 6252-13a,
which requires agencies to adopt rules of practice. New sec.7.11
contains no substantive changes and is proposed for purposes
of placing the rule in proper sequence, clarifying the rule grammatically
and otherwise, and conforming the rule to the provisions of 16
TAC sec.1.24 and a related provision of Chapter 7, specifically,
existing sec.7. 2.


sec.7.11. Statement of
Intent to Participate. 
<ol> In the event that
the Legal Division receives
a letter or other communication
from an affected person
concerning a statement of
intent filed pursuant to
Texas Civil Statutes, Article
1446e, sec.5.08(c), the examiner
shall, within a reasonable
time thereafter, forward to
such affected person a
form for filing a complaint
and statement of intent
to participate. The complaint
and statement of intent
to participate form must
be signed, sworn to,
and acknowledged before a
notary public by the
affected person. The complaint
and statement of intent
to participate form shall
state the complainant's name,
address, the rate increase
about which he complains,
and a statement that
the complainant or his
representative will appear and
participate through the presentation
of evidence and arguments
should a hearing be called
by the commission to
consider the rate increase.
If the complaint and
statement of intent to
participate form is not
properly executed and returned
to the Legal Division
within 14 days after
the mailing by the director,
then it will not be
considered to be a proper
"complaint by any affected
person," pursuant to Texas
Civil Statutes, Article 1446e,
sec.5.08(c), requiring a hearing
on the statement of the
intent. In the event
that the initial complaint
is received before the
deadline contained in the
Texas Civil Statutes, Article
1446e, sec.5.08(c), and the
complaint and statement of
the intent to participate
form is received after
that date, it shall be
deemed to be filed as
of the date of the
filing of the original
complaint.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107533

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-7015

   
   


Substantive Rules


16 TAC sec.7.48


The new section is proposed under the Administrative Procedure
and Texas Register Act, Texas Civil Statutes, Article 6252-13a,
which require agencies to index and make available for public
inspection all statements of policy. New sec.7.48 contains
no substantive changes and is proposed for purposes of placing
the rule in proper sequence and clarifying the rule.



sec.7.48. Construction Work
in Progress and Allowance
for Funds Used during
Construction.


(a) The following words and terms, when used in this
section, shall have the following meanings, unless the context
clearly indicates otherwise.


(1) Construction work in progress or CWIP-Funds
expended by a gas utility which are irrevocably committed to
construction projects not yet completed or placed into service.


(2) Allowance for funds used during construction or AFC
-The net cost of borrowed funds for the period of construction
used for construction purposes and a reasonable rate on other
funds when so used until included in the rate base.


(b) A utility may be permitted, subject to any revenue
adjustment, required, to include AFC related to a project in
its rate base in rate proceedings after completion of the project.
If, pursuant to this rule, a utility is permitted to include
CWIP related to a project in its rate base, only that AFC accruing
prior to such inclusion shall be permitted.


(c) A utility may be permitted to include CWIP in its
rate base only where necessary to the financial integrity of
the utility. CWIP shall be deemed necessary to the financial
integrity of a utility only where shown by clear and convincing
evidence that its inclusion is necessary in order to maintain
a sufficient financial liquidity so as to meet all capital obligations
and to allow the utility to raise needed capital or is necessary
to prevent the impairment of a utility's service. A mere averment
or demonstration that exclusion of CWIP would result in an increase
in the cost of funds to the utility or general assertions that
the financial integrity of the utility would be impaired shall
not be deemed sufficient to permit such inclusion.


(d) A utility permitted to include CWIP pursuant to this
section shall utilize as a rate base amount the expenditures
for such projects as are reflected on its books as of the test
year. The amount shall be determined in a manner consistent with
the calculation of other rate base information to reflect a uniform
treatment of the test year items.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107534

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-6858

   
   

Chapter 11. Surface Mining and Reclamation Division


Subchapter D. Coal Mining


16 TAC sec.11.221


The Railroad Commission of Texas proposes an amendment to
sec.11.221, concerning local mining regulations pertaining
to self-bonding criteria.

Ron Reeves, assistant director, Legal Division-Surface Mining,
has determined that for the first five-year period the section
is in effect there will be no fiscal implications for state or
local government as a result of enforcing or administering the
section.

Mr. Reeves also has determined that for each year of the first
five years the section is in effect the public benefit anticipated
as a result of enforcing the section will be improved procedures
and reduced costs involved in self-bonding applications for surface
coal mining operations. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required
to comply with the section as proposed.

Comments on the proposal may be submitted to Ron Reeves, Assistant
Director, Legal Division-Surface Mining, Railroad Commission
of Texas, P.O. Box 12967, Austin, Texas 78711-2967.

The amendment is proposed under Texas Civil Statutes, Article,
5920-11, which provide the Railroad Commission of Texas with
the authority to promulgate rules pertaining to surface coal
mining operations.



sec.11.221. State Program
Regulations.


(a)-(b) (No change.)


(c) The Railroad Commission of Texas has published the
state program regulations, as amended <nl>August
12, 1991<ol>, in booklet
form titled "Coal Mining
Regulations." Copies may be
obtained from the Surface
Mining and Reclamation Division,
P.O. Drawer 12967, Austin,
Texas 78711-2967.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 24, 1991.

TRD-9107514

Martha V. Swanger

Hearings Examiner, Legal Division, General Law

Railroad Commission of Texas

Proposed date of adoption: September 2, 1991

For further information, please call: (512) 463-6841

   
   


TITLE 25. HEALTH SERVICES

Part V. Center for Rural Health Initiatives

Chapter 500. Executive Committee for the Center for Rural
Health Initiatives


Subchapter B. Texas Outstanding Rural Scholar Recognition
and Forgiveness Loan Program


25 TAC sec.sec.500.21-500.42


(Editor's Note: The
Center for Rural Health
Initiatives proposes for permanent
adoption the new sections
it adopts on an emergency
basis in this issue.
The text of the new
sections is in the Emergency
Rules section of this
issue.)


The Executive Committee of the Center for Rural Health Initiatives
proposes new Subchapter B, sec.sec.500.21-500.42, concerning
the Texas Outstanding Rural Scholar Recognition and Forgiveness
Loan Program. The purpose of the proposed rules is to implement
the provisions of Senate Bill 445, 72nd Legislature, 1991, which
transferred the Outstanding Rural Scholar Recognition Program
to the Center for Rural Health Initiatives from the Texas Higher
Education Coordinating Board. The rules define terms, establish
program eligibility requirements for students, institutions and
communities, set out the duties and terms of the Outstanding
Rural Scholar Advisory Committee, clarify the terms and conditions
on forgiveness loans and establish repayment provisions for student
found in noncompliance with loan conditions.

The proposed rules are similar to those formerly adopted by
the Texas Higher Education Coordinating Board under Title 19,
Texas Administrative Code, Subchapter O, concerning the Texas
Outstanding Scholar Recognition and Loan Forgiveness Program.

The new subchapter differs substantively from previous rules
in two areas. New sec.500.24 regarding "eligible institutions
of higher education" and new sec.500.26 regarding "eligible
scholar" are altered to conform to statutory changes made by
Senate Bill 445. Eligible institutions now include certain nonprofit
health-related schools and programs. Requirements that institutions
submit cost data annually are omitted, and eligible scholars
now include non-senior high school and college students.

Bryan Sperry, executive director, has determined that for
the first five-year period the sections are in effect there will
be minimal fiscal implications for state or local government
as a result of enforcing or administering the sections.

Mr. Sperry also has determined that for each year of the first
five years the sections are in effect the public benefit anticipated
as a result of enforcing the sections will be enhanced opportunities
for rural Texas communities to attract trained health care professionals
and enhanced opportunities for Texas students willing to work
in rural areas to pursue training in health professions. Since
the rules govern a voluntary program, there will be no effect
on small business, no anticipated economic cost to persons required
to comply, and no impact on local employment.

Comments on the proposal may be submitted by August 2, 1991,
to Leslie Friedlander, Center for Rural Health Initiatives, P.O.
Box 1708, Austin, Texas 78767-1708, (512) 479-8891.

The new sections are proposed under Texas Civil Statutes,
Article 4414b-1, sec.4(d), which authorize the Center for Rural
Health Initiatives to administer the Outstanding Rural Scholar
Recognition Program and Texas Civil Statutes, Article 4414b-1.1,
sec.9, which authorize the executive committee of the Center
for Rural Health Initiatives to adopt rules as necessary to implement
the program.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 24, 1991.

TRD-9107508

Liberty Ogbonna

Executive Assistant

Center for Rural Health Initiatives

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 479-8893

   
   


TITLE 31. NATURAL RESOURCES AND CONSERVATION

Part III. Texas Air Control Board

Chapter 115. Control of Air Pollution From Volatile Organic
Compounds


Subchapter A. Definitions


Definitions


31 TAC sec.115.10


The Texas Air Control Board (TACB) proposes an amendment to
sec.115.10, concerning definitions. The proposed changes have
been developed in response to a requirement by the United States
Environmental Protection Agency (EPA) to correct certain regulation
deficiencies and inconsistencies to ensure compliance with applicable
requirements for control and collection systems of volatile organic
compounds.

The proposed changes to sec.115.10 add definitions for capture
efficiency, capture system, carbon adsorber, carbon adsorption
system, control device, and control system. These new definitions
would ensure consistency with terminology now used by EPA.

Bennie Engelke, director of administrative services, has determined
that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.

Lane Hartsock, director of the planning and development program,
has determined that for each year of the first five years the
section is in effect the public benefit anticipated as a result
of enforcing the section will be rules which are more uniformly
applicable nationwide and satisfaction of a requirement by EPA.
There will be no effect on small businesses. There are also no
fiscal implications for facilities affected by the definitions.

A public hearing on this proposal is scheduled for 7 p.m.
on July 22, 1991, in the Auditorium of the TACB located at 12124
Park 35 Circle, Austin.

Copies of the proposed section are available from Dwayne Meckler
at the central office of the TACB, 12124 Park 35 Circle, Austin,
Texas 78753, and at all TACB regional offices. Public comment,
both oral and written, on the proposed changes is invited at
the hearing. The TACB would appreciate receiving five copies
of testimony prior to or at the hearing. Written testimony received
by the Regulation Development Section at the TACB central office
by 4 p.m. on July 23, 1991, will be included in the hearing record.

The amendment is adopted under Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code (Vernon 1990), which
provides the TACB with the authority to adopt rules consistent
with the policy and purposes of the TCAA.



sec.115.10. Definitions. 
<ol> Unless specifically defined
in the Texas Clean Air
Act (TCAA) or in the
rules of the board, the
terms used by the board
have the meanings commonly
ascribed to them in the
field of air pollution
control. In addition to
the terms which are defined
by the TCAA, the following
words and terms, when
used in this chapter,
shall have the following
meanings, unless the context
clearly indicates otherwise.


<nl>   Capture efficiency
-The amount of volatile
organic compounds collected by
a capture system which
is expressed as a percentage
derived from the weight
per unit time of VOC
entering a capture system
and delivered to control
device divided by the
weight per unit time
of total VOC generated
by a source of VOC.


<nl>   Capture system
-All equipment (including, but
not limited to, hoods,
ducts, fans, booths, ovens,
dryers, etc.) that contains,
collects, and transports an
air pollutant to a control
device.


<nl>   Carbon adsorber
-An add-on control device
which uses activated carbon
to adsorb volatile organic
compounds from a gas
stream.


<nl>   Carbon Adsorption
system-A carbon adsorber with
an inlet and outlet for
exhaust gases and a system
to regenerate the saturated
adsorbent.


<nl>   Control device
-Equipment (such as an incinerator
or carbon adsorber) used
to reduce, by destruction
or removal, the amount
of air pollutant(s) in
an air stream prior to
discharge to the ambient
air.


<nl>   Control system
-A combination of one or
more capture system(s) and
control device(s) working in
concert to reduce discharges
of air pollutants to
the ambient air.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107579

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Proposed date of adoption: September 13, 1991

For further information, please call: (512) 908-1770

   
   


Subchapter B. General Volatile Organic Compound Sources


Vent Gas Control


31 TAC sec.115.126, sec.115.129


The Texas Air Control Board (TACB) proposes amendments to
sec.115.126, and sec.115.129, concerning vent gas control.
The proposed changes have been developed in response to a requirement
by the United States Environmental Protection Agency (EPA) to
correct certain regulation deficiencies and inconsistencies as
part of a nationwide program termed "leveling the playing field."

The proposed change to sec.115.126, concerning recordkeeping
requirements, adds an additional reference to provide consistency
in maintaining temperature, maintenance, and testing records
for facilities required to comply with sec.115. 121(a)(3).
The proposed change to sec.115.129, concerning counties and
compliance schedules, adds a reference to identify a compliance
date for the additional recordkeeping requirements.

Bennie Engelke, director of administrative services, has determined
that for the first five-year period the sections are in effect
there will be no fiscal implications for state or local government
as a result of enforcing or administering the sections.

Lane Hartsock, director of the planning and development program,
has determined that for each year of the first five years the
sections are in effect the pubic benefit anticipated as a result
of enforcing the sections will be rules which are more uniformly
applicable nationwide and satisfaction of a requirement by EPA.
There will be no effect on small businesses. Economic costs to
persons and businesses required to implement the proposed changes
would involve minor costs associated with additional recordkeeping
requirements.

A public hearing on this proposal is scheduled for 7 p.m.
on July 22, 1991, in the auditorium of the TACB located at 12124
Park 35 Circle, Austin.

Copies of the proposed sections are available from Dwayne
Meckler at the central office of the TACB, 12124 Park 35 Circle,
Austin, Texas 78753, and at all TACB regional offices. Public
comment, both oral and written, on the proposed changes is invited
at the hearing. The TACB would appreciate receiving five copies
of testimony prior to or at the hearing. Written testimony received
by the Regulation Development Section at the TACB central office
by 4 p.m. on July 23, 1991, will be included in the hearing record.

The amendment is adopted under Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code (Vernon 1990), which
provides the TACB with the authority to adopt rules consistent
with the policy and purposes of the TCAA.



sec.115.126 Recordkeeping requirements.
<ol> For the counties referenced
in sec.115.129(a)(2) of this
title (relating to Counties
and Compliance Schedules), the
owner or operator of
any facility which emits
volatile organic compounds (VOC)
through a stationary vent
shall maintain records at
the facility for at least
two years and shall make
such records available to
representatives of the Texas
Air Control Board, United
States Environmental Protection
Agency, or local air
pollution control agency having
jurisdiction in the area,
upon request. These records
shall include, but not
be limited to, the following.


(1) Records for each vent required to satisfy the provisions
of sec.115. 121(a)(2) <nl>and (3)<ol>
of this title (relating
to Emission Specifications) shall
be sufficient to demonstrate
the proper functioning of
applicable control equipment to
design specifications, including:


(A)-(E) (No change.)


(2)-(3) (No change.)



sec.115.129. Counties and
Compliance Schedules.


(a) All affected persons in Brazoria, Dallas, El Paso,
Galveston, Harris, Jefferson, Nueces, Orange, Tarrant, and Victoria
Counties shall be in compliance with this undesignated head (relating
to Vent Gas Control) in accordance with the following schedules.


(1)-(2) (No change.)


<nl>(3) All persons in
Harris County affected by
the provisions of sec.115.126(1)(A)-(C)
of this title (relating
to Recordkeeping Requirements)
for facilities required to
comply with sec.115.121(a)(3)
of this title (relating
to Emission Specifications) shall
be in compliance with
these sections as soon
as practicable, but no
later than July 31, 1992.


(b) (No change.)


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107580

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Earliest possible date of adoption: September 13, 1991

For further information, please call: (512) 908-1770

   
   


Water Separation


31 TAC sec.115.136, sec.115.139


The Texas Air Control Board (TACB) proposes amendments to
sec.115.136, and sec.115.139, concerning water separation.
The proposed changes have been developed in response to a specific
requirement by the United States Environmental Protection Agency
(EPA) to correct certain regulation deficiencies and inconsistencies
as part of a nationwide program termed "leveling the playing
field."

The proposed change to sec.115.136, concerning recordkeeping
requirements, adds a requirement to continuously monitor the
exhaust gas temperature immediately downstream of a direct-flame
incinerator. The proposed change to sec.115.139, concerning
counties and compliance schedules, identifies a compliance date
for the additional monitoring requirement.

Bennie Engelke, director of administrative services, has determined
that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.

Lane Hartsock, director of the Planning and Development Program,
has determined that for each year of the first five years the
sections are in effect the pubic benefit anticipated as a result
of enforcing the sections will be rules which are more uniformly
applicable nationwide and satisfaction of a requirement by EPA.
There will be no effect on small businesses. Economic costs to
persons and businesses required to implement the proposed measures
are associated with the temperature monitoring and recordkeeping
requirements. The costs are estimated as follows: annual cost
per temperature monitoring unit will be $0 for fiscal year (fy)
1991 and $15,000 for fys 1992-1995. Any costs beyond 1995 would
be continuing annual operating, maintenance, and recordkeeping
costs. All estimates are stated in 1991 dollars with no adjustment
for inflation and assume continuing costs equal to those incurred
during 1992-1995.

A public hearing on this proposal is scheduled for 7 p.m.
on July 22, 1991, in the auditorium of the TACB located at 12124
Park 35 Circle, Austin.

Copies of the proposed section are available from Dwayne Meckler
at the central office of the TACB, 12124 Park 35 Circle, Austin,
Texas 78753, and at all TACB regional offices. Public comment,
both oral and written, on the proposed changes is invited at
the hearing. The TACB would appreciate receiving five copies
of testimony prior to or at the hearing. Written testimony received
by the Regulation Development Section at the TACB central office
by 4 p.m. on July 23, 1991, will be included in the hearing record.

The amendment is adopted under Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code (Vernon 1990), which
provides the TACB with the authority to adopt rules consistent
with the policy and purposes of the TCAA.



sec.115.136. Recordkeeping Requirements.
<ol> For the counties referenced
in sec.115.139(a) of this
title (relating to Counties
and Compliance Schedules), any
person who operates a
single or multiple compartment
volatile organic compound water
separator without the controls
specified in sec.115.132(a) of
this title (relating to
Control Requirements) shall maintain
complete and up-to-date records
sufficient to demonstrate continuous
compliance with the applicable
exemption criteria including, but
not limited to, the names
and true vapor pressures
of all such materials
stored, processed, or handled
at the affected property,
and any other necessary
operational information. Affected
persons shall also continuously
monitor <nl>exhaust gas
temperature immediately downstream
of a direct-flame incinerator,
<ol> temperatures upstream and
downstream of a catalytic
incinerator or chiller, and
the exhaust gas concentration
of any carbon adsorption
system to determine breakthrough.



sec.115.139. Counties and
Compliance Schedules.


(a) All affected persons in Brazoria, Dallas, El Paso,
Galveston, Gregg, Harris, Jefferson, Nueces, Orange, Tarrant,
and Victoria Counties shall be in compliance with this undesignated
head (relating to Water Separation) in accordance with the following
schedules.


(1) (No change.)


(2) All persons in Brazoria, Dallas, El Paso, Galveston,
Harris, Jefferson, Orange, Tarrant Counties shall be in compliance
with the continuous monitoring requirements to determine carbon
adsorption system breakthrough and to measure <nl>temperatures
<ol> [temperature] at 
<nl>direct-flame and <ol>catalytic
incinerators or chillers contained
in sec.115.136 of this
title (relating to Recordkeeping
Requirements), as soon as
practicable, but no later
than July 31, 1992.


(b) (No change.)


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107581

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Proposed date of adoption: September 13, 1991

For further information, please call: (512) 908-1770

   
   


Subchapter C. Volatile Organic Compound Marketing Operations


Filling of Gasoline Storage Vessels (Stage I) For Motor Vehicle
Fuel Dispensing Facilities


31 TAC sec.115.224, sec.115.229


The Texas Air Control Board (TACB) proposes amendments to
sec.115.224 and sec.115.229, concerning filling of gasoline
storage vessels (Stage I) for motor vehicle fuel dispensing facilities.
The proposed changes have been developed in response to a requirement
by the United States Environmental Protection Agency (EPA) to
correct certain regulation deficiencies and inconsistencies as
part of a nationwide program termed "leveling the playing field."

The proposed change to sec.115.224, concerning inspection
requirements, adds Brazoria and Galveston Counties to the requirement
that gasoline tank-trucks be annually inspected for leaks as
evidenced by a prominently displayed certification. The proposed
changes to sec.115.229, concerning counties and compliance
schedules, identifies a compliance date for the additional inspection
requirements.

Bennie Engelke, director of administrative services, has determined
that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.

Lane Hartsock, director of the planning and development program,
has determined that for each year of the first five years the
sections are in effect the pubic benefit anticipated as a result
of enforcing the sections will be rules which are more uniformly
applicable nationwide and satisfaction of a requirement by EPA.
There will be no effect on small businesses. Economic costs to
persons and businesses required to implement the proposed measures
are associated with the leak testing and recordkeeping requirements
are estimated as follows: annual cost per tank-truck will be
$0 for fiscal year (fy) 1991 and $500 for fys 1992-1995. Any
costs beyond 1995 would be continuing leak testing and recordkeeping
costs. All estimates are stated in 1991 dollars with no adjustment
for inflation.

A public hearing on this proposal is scheduled for 7 p.m.
on July 22, 1991, in the Auditorium of the TACB located at 12124
Park 35 Circle, Austin.

Copies of the proposed section are available from Dwayne Meckler
at the central office of the TACB, 12124 Park 35 Circle, Austin,
Texas 78753, and at all TACB regional offices. Public comment,
both oral and written, on the proposed changes is invited at
the hearing. The TACB would appreciate receiving five copies
of testimony prior to or at the hearing. Written testimony received
by the Regulation Development Section at the TACB central office
by 4 p.m. on July 23, 1991, will be included in the hearing record.

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code (Vernon 1990), which
provides the TACB with the authority to adopt rules consistent
with the policy and purposes of the TCAA.



sec.115.224. Inspection Requirements.
<ol> For all affected persons
in the counties referenced
in sec.115.229 of this
title (relating to Counties
and Compliance Schedules), the
following inspection requirements
shall apply.


(1) (No change.)


(2) In <nl>Brazoria,<ol> Dallas,
El Paso, <nl>Galveston,
<ol> Harris, and Tarrant
Counties, the gasoline tank-truck
tank has been inspected
for leaks within one
year in accordance with
the requirements of this
undesignated head (relating to
Control of Volatile Organic
Compound Leaks from Gasoline
Tank-Trucks), as evidenced by
a prominently displayed certification
affixed near the Department
of Transportation certification
plate.



sec.115.229. Counties and
Compliance Schedules.


(a) All affected persons in Brazoria, Dallas, El Paso,
Galveston, Harris, and Tarrant Counties shall be in compliance
with this undesignated head (relating to Filling of Gasoline
Storage Vessels (Stage I) For Motor Vehicle Fuel Dispensing Facilities)
in accordance with the following schedules.


(1) (No change.)


(2) All persons in Brazoria and Galveston Counties affected
by the provisions of sec.115.222(7) and (8) of this title (relating
to Control Requirements) <nl>and sec.115.224(2)
of this title (relating
to Inspection Requirements)<ol>
shall be in compliance
with this section as
soon as practicable, but
no later than July 31,
1992.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107582

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Earliest possible date of adoption: September 13, 1991

For further information, please call: (512) 908-1000 ext.
1770

   
   


Subchapter E. Solvent-Using Processes


Surface Coating Processes


31 TAC sec.sec.115.422,
115.423, 115.425, 115.426, 115.429


The Texas Air Control Board (TACB) proposes amendments to
sec.sec.115.422, 115. 423, 115.425, 115.426, and 115.429,
concerning surface coating processes. The proposed changes have
been developed in response to a requirement by the United States
Environmental Protection Agency (EPA) to correct certain regulation
deficiencies and inconsistencies to ensure compliance with applicable
requirements for control and collection systems of volatile organic
compounds.

The proposed change to sec.115.422, concerning control requirements,
deletes a reference to provisions for which there is no exemption
and applies the "once in, always in" concept across-the-board
to all surface coating facilities. The proposed change to 
s115.423, concerning alternate control requirements, corrects
a reference to reflect the current EPA protocol for capture efficiency
testing and the proposed change to sec.115.425, concerning
testing requirements, adds additional requirements for current
capture efficiency compliance testing to be consistent with EPA
guidance. The proposed change to sec.115.426, concerning recordkeeping
requirements, adds additional recordkeeping requirements of the
capture efficiency testing. The proposed change to sec.115.
429, concerning counties and compliance schedules, adds Brazoria,
Dallas, El Paso, Galveston, Harris, Jefferson, Orange, and Tarrant
Counties to the counties which require capture efficiency testing
and establishes a July 31, 1992, compliance schedule for these
counties.

Bennie Engelke, director of administrative services, has determined
that for the first five-year period the sections are in effect
there will be no fiscal implications for state and local government.

Lane Hartsock, director of the Planning and Development Program,
has determined that for each of the first five years the sections
are in effect the public benefit anticipated as a result of implementing
the sections will be rules which are more uniformly applicable
nationwide and satisfaction of a requirement by EPA. Economic
costs to persons and businesses required to implement the proposed
measures are associated with the initial capture efficiency testing
and recordkeeping requirements. The costs are estimated as follows:
annual cost per test on a line will be -0- for fiscal year 1991;
and $15,000 for fiscal years 1992-1995. Any costs beyond 1995
would be continuing annual operating, maintenance, and recordkeeping
costs. All estimates are stated in 1991 dollars with no adjustment
for inflation.

A public hearing on this proposal is scheduled for 7 p.m.
on July 22, 1991, in the Auditorium of TACB located at 12124
Park 35 Circle, Austin.

Copies of the proposed sections are available from Dwayne
Meckler at the central office of TACB, 12124 Park 35 Circle,
Austin, Texas 78753, and at all TACB regional offices. Public
comment, both oral and written, on the proposed changes is invited
at the hearing. TACB would appreciate receiving five copies of
testimony prior to or at the hearing. Written testimony received
by the Regulation Development Section at the TACB central office
by 4 p.m. on July 23, 1991 will be included in the hearing record.

The amendments are proposed under the Texas Clean Air Act
(TCAA), sec.382.017, Texas Health and Safety Code Annotated
(Vernon 1990), which provides TACB with the authority to adopt
rules consistent with the policy and purposes of the TCAA.



sec.115.422. Control Requirements.
<ol> For the counties referenced
in sec.115.429(2)(A) of this
title (relating to Counties
and Compliance Schedules):


(1) (No change.)


(2) any surface coating operation that becomes subject
to the provisions of <nl>sec.115.421 of
this title (relating to
Emission Specifications)<ol> paragraph
(1)(A), (B), and (C)
of this section] by exceeding
the provisions of sec.115.427
of this title (relating
to Exemptions) shall remain
subject to the provisions
<nl>in sec.115.421<ol>
[of this subsection], even
if throughput or emissions
later fall below exemption
limits.



sec.115.423. Alternate Control
Requirements.<ol> For all affected
persons in the counties
referenced in sec.115.429 of
this title (relating to
Counties and Compliance Schedules),
the following alternate control
techniques may apply.


(1)-(2) (No change.)


(3) If a vapor recovery system is used to control emissions
from coating operations, the capture and abatement system shall
be capable of achieving and maintaining emission reductions equivalent
to the emission limitations of sec.115.421 of this title (relating
to Emission Specifications) and an overall control efficiency
of at least 80% of the VOC emissions from those coatings. The
owner or operator of any surface coating facility shall submit
design data for each capture system and emission control device
which is proposed for use to the executive director for approval.
Any capture efficiency testing shall be performed in accordance
with <nl>sec.115. 425(4)<ol>
[sec.115.425(2)(D)] of this title
(relating to Testing Requirements).


(4) (No change.)



sec.115.425. Testing Requirements.
<ol> For the counties referenced
in 115.429 of this title
(relating to Counties and
Compliance Schedules), the following
testing requirements shall apply.


(1)-(3) (No change.)


<nl>(4) The capture efficiency
shall be measured using
one of the four protocols
in 40 Code of Federal
Regulations, Part 52.741, Subpart
O, Appendix B.



sec.115.426. Recordkeeping Requirements.
<ol> For the counties referenced
in sec.115.429 of this
title (relating to Counties
and Compliance Schedules), the
following recordkeeping requirements
shall apply.


(1)-(2)(No change.)


<nl>(3) The owner or
operator shall maintain, on
file, the capture efficiency
protocol submitted under 
s115.425(4) of this title
(relating to Testing Requirements).
If any changes are made
to capture or control
equipment, the owner or
operator is required to
notify the executive director
in writing within 30
days of these changes
and a new capture efficiency
and/or control device destruction
or removal efficiency test
may be required.


<nl>(4)<ol>[(3)] In accordance
with the schedule referenced
in sec.115. 429(1), records
shall be maintained sufficient
to document the applicability
of the condition for
exemptions referenced in 
s115.427 of this title (relating
to Exemptions).



sec.115.429. Counties and
Compliance Schedules.<ol> All
affected persons in Brazoria,
Dallas, El Paso, Galveston,
Gregg, Harris, Jefferson, Nueces,
Orange, Tarrant, and Victoria
Counties shall be in
compliance with this undesignated
head (relating to Surface
Coating Processes) in accordance
with the following schedules:


(1) (No change.)


(2) the following additional compliance schedules.


(A)-(B) (No change.)


<nl>(C)  All affected
persons in Brazoria, Dallas,
El Paso, Galveston, Harris,
Jefferson, Orange, and Tarrant
Counties shall be in
compliance with sec.115.425(4)
of this title (relating
to Testing Requirements) and
sec.115.426(2)(A)(iii) and (3)
of this title (relating
to Recordkeeping Requirements)
as soon as practicable,
but no later than July
31, 1992.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107583

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Proposed date of adoption: September 13, 1991

For further information, please call: (512) 908-1000, ext.
1770

   
   


Graphic Arts (Printing) by Rotogravure and Flexographic Processes


31 TAC sec.sec.115.435,
115.436, 115.439


The Texas Air Control Board (TACB) proposes amendments to
sec.sec.115.435, 115. 436, and 115.439, concerning graphic
arts (printing) by rotogravure and flexographic processes. The
proposed changes have been developed in response to a requirement
by the United States Environmental Protection Agency (EPA) to
correct certain regulation deficiencies and inconsistencies to
ensure compliance with applicable requirements for control and
collection systems of volatile organic compounds.

The proposed change to sec.115.435, concerning testing requirements,
adds a requirement that capture efficiency compliance testing
be conducted with protocols established by EPA regulations. The
proposed change to sec.115.436, concerning recordkeeping requirements,
requires that the capture efficiency protocol be kept on file
and that TACB be notified of any capture or control equipment
change. The proposed changes to sec.115.439, concerning counties
and compliance schedules, add compliance dates for the new requirements.

Bennie Engelke, director of administrative services, has determined
that for the first five-year period the sections are in effect
there will be no fiscal implications for state and local governments.

Lane Hartsock, director of the Planning and Development Program,
has determined that for each of the first five years the sections
are in effect the public benefit anticipated as a result of implementing
the sections will be rules which are more uniformly applicable
nationwide and satisfaction of a requirement by EPA.

Economic costs to persons and businesses required to implement
the proposed measures are associated with the initial capture
efficiency testing and recordkeeping requirements. The costs
are estimated as follows: annual cost per test on a line will
be -0- for fiscal year 1991; and $15,000 for fiscal years 1992-1995.

Any costs beyond 1995 would be continuing annual operating,
maintenance, and recordkeeping costs. All estimates are stated
in 1991 dollars with no adjustment for inflation.

A public hearing on this proposal is scheduled for 7 p.m.
on July 22, 1991, in the Auditorium of TACB located at 12124
Park 35 Circle, Austin.

Copies of the proposed sections are available from Dwayne
Meckler at the central office of TACB, 12124 Park 35 Circle,
Austin, Texas 78753, and at all TACB regional offices. Public
comment, both oral and written, on the proposed changes is invited
at the hearing. TACB would appreciate receiving five copies of
testimony prior to or at the hearing. Written testimony received
by the Regulation Development Section at the TACB central office
by 4 p.m. on July 23, 1991, will be included in the hearing record.

The amendments are proposed under the Texas Clean Air Act
(TCAA), sec.382.017, Texas Health and Safety Code Annotated
(Vernon 1990), which provides the TACB with the authority to
adopt rules consistent with the policy and purposes of the TCAA.



sec.115.435. Testing Requirements.
<ol> For the counties referenced
in sec.115.439 of this
title (relating to Counties
and Compliance Schedules), compliance
with sec.115.432 of this
title (relating to Control
Requirements) in Dallas and
Tarrant Counties shall be
determined by applying the
following test methods, as
appropriate:


(1)-(6) (No change).


<nl>(7) the capture efficiency
which shall be measured
using one of the four
protocols in 40 Code
of Federal Regulations, Part
52.741, Subpart O, Appendix
B.


<nl>(8) <ol>[(7)] minor
modifications to these test
methods and procedures approved
by the executive director.



sec.115.436. Recordkeeping Requirements.
<ol> For the counties referenced
in sec.115.439 of this
title (relating to Counties
and Compliance Schedules), the
owner or operator of
any graphic arts facility
subject to the control
requirements of sec.115.432 of
this title (relating to
Control Requirements) shall:


(1)-(5) (No change.)


<nl>(6) maintain on file
the capture efficiency protocol
submitted under sec.115.435(7)
of this title (relating
to Testing Requirements). If
any changes are made
to capture or control
equipment, the owner or
operator is required to
notify the executive director
in writing within 30
days of these changes
and a new capture efficiency
and/or control device destruction
or removal efficiency test
may be required.



sec.115.439. Counties and
Compliance Schedules.<ol> All
affected persons in Brazoria,
Dallas, El Paso, Galveston,
Gregg, Harris, Jefferson, Nueces,
Orange, Tarrant, and Victoria
Counties shall be in
compliance with this undesignated
head (relating to Graphic
Arts (Printing) by Rotogravure
and Flexographic Processes) in
accordance with the following
compliance schedules.


(1) (No change.)


(2) All persons affected by sec.115.432(3) of this
title (relating to Control Requirements), <nl>sec.115.435(7)
of this title (relating
to Testing Requirements),<ol>
sec.115.436(3)(C) <nl>and (6)
<ol> of this title (relating
to Recordkeeping Requirements),
and sec.115.437(1) of this
title (relating to Exemptions)
shall be incompliance with
these sections as soon
as practicable, but no
later than July 31, 1992.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107584

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Proposed date of adoption: September 13, 1991

For further information, please call: (512) 908-1770

   
   

Chapter 116. Permits


31 TAC sec.116.11


The Texas Air Control Board (TACB) proposes an amendment to
sec.116.11, concerning permit fees, to accomplish two changes.
The first is to require separate and distinct permit fees for
all facilities that must comply with the prevention of significant
deterioration (PSD) of air quality regulations promulgated by
the United States Environmental Protection Agency (EPA) in the
Code of Federal Regulations (CFR) at 40 CFR 52.21, as amended
October 17, 1988. These fees are needed to support the greater
level of staff resources to review and act on PSD permit applications.
The second is to increase the current permit fee rate for sources
not required to comply with the PSD regulations. The last sentence
of subsection (a) is proposed for deletion to remove obsolete
material, and the TACB mailing address is corrected in subsection
(c).

Lawrence Pewitt, P.E., director of the permits program, has
determined that for the first five-year period the section is
in effect there will be fiscal implications for state government
as a result of enforcing or administering the section. There
are anticipated increases in fee revenues to the state as follows.
There will be a minimum increase in the fee for non-PSD permits
of $150 and a maximum increase of $25,000. This proposal assumes
approval of an increase in the upper fee limit to $75,000 by
the Texas Legislature. The maximum fee currently allowed by the
Texas Clean Air Act (TCAA) is $50,000. The proposed fee for PSD
permits would range from $1,500 to $75,000, based on a rate of
0.5% of the capital costs of the project. Previously, PSD permits
would have been charged the standard permit fee. If the Texas
Legislature chooses not to set the maximum fee at $75,000, the
fees will be changed to reflect the new maximum allowed in the
statute. There will be no fiscal implications for local government.
The anticipated economic cost to persons who are required to
comply with the section as proposed would be the applicable fee
amounts calculated in the fee schedule of sec.116.11(b)(2).
The fiscal impact on small businesses would also be the increase
in the applicable fee amounts calculated in the fee schedule.

Mr. Pewitt also has determined that for each year of the first
five years the section is in effect the public benefit anticipated
as a result of enforcing the section will be more complete recovery
of the cost of providing services and a reduced need for the
TACB to request appropriated funds from the general revenue fund.

A public hearing on this proposal is scheduled for 2 p.m.
on July 30, 1991, in the Auditorium of the TACB located at 12124
Park 35 Circle, Austin.

Copies of the proposed revision are available from Barry Irwin
at the central office of the TACB, 12124 Park 35 Circle, Austin,
Texas 78753, and at all TACB regional offices. Public comment,
both oral and written, on the proposal is invited at the hearing.
The TACB would appreciate receiving five copies of any written
testimony prior to or at the hearing. Written testimony received
by the Regulation Development Section at the TACB central office
by 4 p.m. on July 31, 1991 will be included in the hearing record.

The amendment is adopted under the TCAA, sec.382.017, Texas
Health and Safety Code (Vernon 1990), which provides the TACB
with the authority to adopt rules consistent with the policy
and purposes of the TCAA.



sec.116.11. Permit Fees.


(a) Applicability. Any person who applies for a permit
to construct a new facility or to modify an existing facility
pursuant to sec.116.1 of this title (relating to Permit Requirements)
shall remit, at the time of application for such permit, a fee
based on the estimated capital cost of the project. The fee will
be determined as set forth in subsection (b) of this section
(concerning determination of fees). [By May 31, 1986, the Executive
Director shall review the fees assessed and the costs recovered
pursuant to this section and present to the board a report of
the results of such review which shall include recommended changes
to the section as may be appropriate.]


(b) Determination of <nl>fees<ol>
[Fees].


(1)  (No change.)


(2) The following fee schedule may be used by a permit
applicant to determine the fee to be remitted with a permit application.


(A) If the estimated capital cost of the project is less
than $300,000 or if the project consists of new facilities controlled
and operated directly by the federal government for which an
application is submitted after January 1, 1987, <nl>and
the federal regulations for
prevention of significant deterioration
(PSD) of air quality
do not apply,<ol> the
fee is <nl>$450<ol>
[$300] <nl>or $1,500 if
the PSD regulations do
apply<ol>. The provisions
of paragraphs (3) and
(4) of this subsection
do not apply to a
project consisting of new
facilities controlled and operated
directly by the federal
government.


(B) If the estimated capital cost of the project is $300,000
<nl>or more and the
PSD regulations do not
apply<ol>, [to $50 million]
the fee is <nl>0.15%
<ol> [0.1%] of the estimated
capital cost of the project
<nl>or 0.5% if the
PSD regulations do apply.
<ol> <nl>The maximum fee
is $75,000.


[(C)  If the estimated capital cost of the project is
over $50 million, the fee is $50,000.]


(3)-(4) (No change.)


(c) Payment of fees. All permit fees will be remitted
in the form of a check or money order made payable to the Texas
Air Control Board and delivered with the application for construction
permit, special permit, or permit amendment to the Texas Air
Control Board, <nl>12124 Park 35
Circle Austin Texas 78753
<ol> [6330 Highway 290
East, Austin, Texas, 78723].
Required fees must be
received before the agency
will begin examination of
the application.


(d)-(f) (No change.)


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 24, 1991.

TRD-9107550

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Proposed date of adoption: September 30, 1991

For further information, please call: (512) 908-1770

   
   


TITLE 34. PUBLIC FINANCE

Part I. Comptroller of Public Accounts

Chapter 3. Tax Administration


Subchapter N. County Sales and Use Tax


34 TAC sec.3.253


The Comptroller of Public Accounts proposes new sec.3.253,
concerning county use tax. The new section provides guidance
on the collection and allocation of county use tax to retailers
located outside counties with county sales and use tax who do
business in counties imposing county sales and use tax.

Tom Plaut, chief revenue estimator, has determined that for
the first five-year period the section is in effect there will
be no fiscal implications for state or local government as a
result of enforcing or administering the section.

Dr. Plaut also has determined that for each year of the first
five years the section is in effect the public benefit anticipated
as a result of enforcing the section will be in providing new
information regarding tax responsibilities. This section is proposed
under the Tax Code, Title 2, and does not require a statement
of fiscal implications for small businesses. There is no anticipated
economic cost to persons who are required to comply with the
section as proposed.

Comments on the new section may be submitted to Lucy Glover,
Manager, Tax Administration Division, P.O. Box 13528, Austin,
Texas 78711.

The new section is proposed under the Tax Code, sec.111.002,
which provides the comptroller with the authority to prescribe,
adopt, and enforce rules relating to the administration and enforcement
of the provisions of the Tax Code, Title 2.



sec.3.253. County Use
Tax.


(a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless
the context clearly indicates otherwise.


(1) Engaged in business-A retailer is engaged in
business in a county if the retailer does any of the following:


(A) maintains, occupies, or uses, permanently or temporarily,
directly or through an agent, an office, place of distribution,
sales or sample room, warehouse, storage place, or other location;


(B)  has any representative, agent, salesman, canvasser,
or solicitor operating in the county under the authority of the
retailer for the purpose of selling, delivering, or the taking
of orders for any taxable items;


(C) promotes a flea market, trade day, or other event
involving sales of taxable items;


(D) uses independent salespersons in direct sales of
taxable items;


(E) derives receipts from a lease of tangible personal
property located in a county;


(F) solicits orders for taxable items by means of advertising
that is broadcast from, printed at, or distributed from, a location
in the county if the advertising is intended for consumers within
the county and is only secondarily disseminated to bordering
counties. Advertising will be considered to be intended for county
consumers if 75% or more of the recipients are located in the
county;


(G) solicits orders for taxable items by mail if:


(i)<ol> the solicitations are
substantial and recurring; and


(ii)<ol> the retailer uses
any banking, financing, debt
collection, telecommunications, or
marketing activities occurring
in the county, or benefits
from a location in the
county of authorized installations,
servicing, or repair facilities.
A retailer located outside
the county who is not
otherwise engaged in business
in the county will not
be considered as engaging
in business in the county
by merely placing a request
for financing, telecommunications,
banking, marketing, or debt
collection services at a
location of a service
provider outside the county
even though the service
is performed in whole
or in part in the
county;


(H) allows a franchisee or licensee to operate under
its trade name if the franchisee or licensee is required to collect
county sales or use tax; or


(I) solicits orders for taxable items by mail or other
media and federal law permits the State of Texas to require the
retailer to collect Texas sales or use tax.


(2) Interstate or intrastate transit-Interstate
or intrastate transit has ceased when the journey is interrupted
for reasons of convenience or business needs of the owner but
does not include a temporary interruption necessary and incidental
to the transit.


(3) Storage-Includes any retention of taxable items
in the county for any purpose other than sale, lease, or rental
in the regular course of business.


(4) Taxing county-Any county in Texas that has adopted
the county sales and use tax imposed by the Tax Code, Chapter
323.


(5) Use-The exercise of any right or power over
taxable items except sale, lease, or rental of the items in the
regular course of business. With respect to a taxable service,
use means the derivation in the county of a direct or indirect
benefit from the service.


(6) Use tax-A tax that is imposed on the exercise
or enjoyment of any right or power over taxable items incident
to the ownership, possession, or custody of those items.


(b) Imposition of county use tax.


(1) If taxable items are purchased outside the state
or within Texas but not within a taxing county and those items
are shipped or delivered by the retailer directly into or brought
by the purchaser or lessee directly into a taxing county for
storage, use, or other consumption, county use tax is due.


(2) County use tax does not apply to taxable items in
interstate or intrastate transit.


(3) County use tax is due on the purchase or lease price
of taxable items and is reported in the period in which the taxable
items are first stored, used, or otherwise consumed in a taxing
county.


(4)  County use tax does not apply when the taxable items
are transferred from some other county in Texas or from a point
outside a county where they were first stored, used, or otherwise
consumed.


(5) If, in a taxing county, storage facilities contain
taxable items purchased outside Texas and at the time of storage
it is not known whether the items will be used in or removed
from Texas, a taxpayer may elect to report county use tax when
the items are first stored or when the items are first removed
from storage for use in Texas. Once an election is made, the
county use tax must be reported in a consistent manner. If county
use tax is paid on stored items that are subsequently removed
from Texas before use, the tax may be recovered in accordance
with the refund and credit provisions of sec.3.325 of this
title (relating to Refunds, Interest, and Payments Under Protest)
and sec.3.338 of this title (relating to Allowance of Credit
for Tax Paid to Suppliers).


(c) Collection and allocation of county use tax by a
retailer located in Texas. A retailer located in Texas but outside
a taxing county is required to collect county use tax if the
retailer:


(1) is engaged in business in the taxing county;


(2) sells, leases, or rents taxable items for storage,
use, or other consumption in that county; and


(3) ships or delivers those items into the county to
the purchaser.


(d) Collection and allocation of county use tax by a
retailer located outside Texas. A retailer located in another
state is required to collect county use tax if the provisions
of subsection (c)(1), (2), and (3) of this section apply.


(e) Purchaser's liability for use tax. If a seller is
not required to collect county use tax, the purchaser is responsible
for filing reports and paying the tax.


(f) Exceptions.


(1)  Both county sales tax and county use tax cannot
apply to the same transaction. County use tax is not applicable
if the purchaser paid county sales tax to a Texas retailer or
owes county sales tax to a Texas retailer who failed to collect
it. The comptroller may proceed against the seller or purchaser
for the county tax owed by either.


(2) County use tax does not apply to the storage, use,
or other consumption of taxable items in this state if the sale
or use of the items would be exempt from the state sales and
use tax were it purchased within the state.


(3) Credit will be allowed against county use tax liability
to the extent sales or use tax is legally due and paid to another
state.


(4) If taxable items are purchased outside Texas, temporarily
stored in Texas in a taxing county, and then removed and used
solely outside Texas, county use tax does not apply.


(5) The purchase of taxable items will not be presumed
to have been for use in a taxing county if the items were purchased
and used outside Texas for more than one-year before the date
of entry into a taxing county. Transactions covered by the provisions
of the Tax Code, sec.151.330(a), are also subject to the one
year presumption if the items covered by the transactions are
returned to a taxing county. The use outside Texas must be substantial
and constitute a primary use for which the property was purchased.
Either the comptroller or the purchaser may introduce evidence
to establish the intent or absence of intent to use the taxable
items in a taxing county at the time of purchase.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 24, 1991.

TRD-9107489

Martin Cherry

Chief, General Law Section

Comptroller of Public Accounts

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-4028

   
   


Subchapter O. State Sales and Use Tax


34 TAC sec.3.282


The Comptroller of Public Accounts proposes an amendment to
sec.3.282, concerning auditing taxpayer records. The amendment
provides information to retailers regarding the time period for
obtaining resale certificate and exemption certificates prior
to an audit.

Tom Plaut, chief revenue estimator, has determined that for
the first five-year period the section is in effect there will
be no fiscal implications for state or local government as a
result of enforcing or administering the section.

Dr. Plaut also has determined that for each year of the first
five years the section is in effect the public benefit anticipated
as a result of enforcing the section will be in providing new
information regarding tax responsibilities. This section is proposed
under the Tax Code, Title 2, and does not require a statement
of fiscal implications for small businesses. There is no anticipated
economic cost to persons who are required to comply with the
section as proposed.

Comments on the proposal may be submitted to Lucy Glover,
Manager, Tax Administration Division, P.O. Box 13528, Austin,
Texas 78711.

The amendment is proposed under the Tax Code, sec.111.002,
which provides the comptroller with the authority to prescribe,
adopt, and enforce rules relating to the administration and enforcement
of the provisions of the Tax Code, Title 2.



sec.3.282. Auditing Taxpayer
Records.


(a)-(e) (No change.)


(f) Resale and exemption certificates.


(1) Resale and exemption certificates should be available
at the time of the audit. <nl>All certificates
obtained on or after
the date the auditor
actually begins work on
the audit at the seller's
place of business or
on the seller's records
are subject to verification.
All incomplete certificates will
be disallowed regardless of
when they were obtained
<ol> [Certificates acquired by
the seller after the
audit begins are subject
to independent confirmation before
the deductions will be
allowed in an audit].


(2)<nl> The seller has
60 days from the date
written notice is received
by the seller from the
comptroller in which to
deliver the certificates to
the comptroller. For the
purposes of this section,
written notice given by
mail is presumed to have
been by the seller within
three business days from
the date of deposit in
the custody of the United
State Postal Service. The
seller may overcome the
presumption by submitting proof
from the United States
Postal Service or by
other competent evidence showing
a later delivery date
<ol>. If the seller is
not in possession of
the certificates within 60
days from the date written
notice is given by the
comptroller that certificates pertaining
to periods or transactions
specified in the notice
are required, any deductions
claimed which require resale
or exemption certificates will
be disallowed. Exemptions claimed
by those certificates acquired
during this 60-day period
will be subject to independent
verification <nl>by the
comptroller<ol> before the
deductions will be allowed.
Certificates <nl>delivered<ol>
[presented] after the 60-day
period will not be accepted.
See sec.3.285 of this
title (relating to Sales
for Resale; Resale Certificate);
sec.3.287 of this title
(relating to Exemption Certificates);
and sec.3.288 of this
title (relating to Direct
Payment Procedures and Qualifications).


(3)<nl> When a 60-day
letter has been received,
a resale or<ol> [Effective
October 2, 1984, resale
and] exemption <nl>certificate
is<ol> [certificates are]
the only acceptable proof
that a taxable item was
purchased for resale or
qualifies for exemption. [For
transactions which occurred prior
to October 2, 1984, other
types of proof of resale
or exemption may be presented.
The alternate proof must
also be presented within
60 days as stated in
paragraph (2) of this
subsection.]


(g)-(h) (No change.)


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 24, 1991.

TRD-9107491

Martin Cherry

Chief, General Law Section

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-4028

   
   


34 TAC sec.3.286


The Comptroller of Public Accounts proposes an amendment to
sec.3.286, concerning seller's and purchaser's responsibilities.
The amendment provides information to retailers regarding the
time period for obtaining resale and exemption certificates.
The amendment also adds information regarding tax collected under
the bracket formula in the Tax Code, sec.151.053.

Tom Plaut, chief revenue estimator, has determined that for
the first five-year period the section is in effect there will
be no fiscal implications for state or local government as a
result of enforcing or administering the section.

Dr. Plaut also has determined that for each year of the first
five years the section is in effect the public benefit anticipated
as a result of enforcing the section will be in providing new
information regarding tax responsibilities. This section is proposed
under the Tax Code, Title 2, and does not require a statement
of fiscal implications for small businesses. There is no anticipated
economic cost to persons who are required to comply with the
section as proposed.

Comments on the proposal may be submitted to Lucy Glover,
Manager, Tax Administration Division, P.O. Box 13528, Austin,
Texas 78711.

The amendment is proposed under the Tax Code, sec.111.002,
which provides the comptroller with the authority to prescribe,
adopt, and enforce rules relating to the administration and enforcement
of the provisions of the Tax Code, Title 2.



sec.sec.3.286. Seller's and
Purchaser's Responsibilities.


(a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless
the context clearly indicates otherwise.


(l) Engaged in business. A retailer is engaged in business
in Texas if the retailer is:


(A)-(C) (No change.)


(D) utilizing independent salespersons in direct sales
of taxable items [by a company, corporation, or other person];


(E)-(F) (No change.)


(G) soliciting orders for taxable items by mail if:


(i) <ol> (No change.)


(ii)<ol> the retailer uses
any banking, financing, debt
collection, telecommunication, or
marketing activities occurring
in Texas, or benefits
from a location in Texas
of authorized <nl>installation
<ol>[installations], servicing, or
repair facilities. A retailer
located outside the state
who is not otherwise
engaged in business in
this state will not be
considered as engaging in
business in this state
by merely placing a request
for financing, telecommunication,
banking, marketing, or debt
collection services at an
out-of-state location of a
service provider even though
the service is performed
in whole or in part
in Texas.


(H)-(I)  (No change.)


(2)-(4) (No change.)


(b) Permits required.


(l)-(2) (No change.)


(3) Independent salespersons of direct sales organizations
will not be required to hold sales tax permits.<nl>
It is the responsibility
of the direct sales organizations
to hold Texas permits
and to collect Texas
tax.


(c) Obtaining a permit.


(l) (No change. )


(2) Each legal entity (corporation, partnership, sole
proprietor, etc.) must apply for its own permit. The permit cannot
be transferred from one owner to another. It is valid only for
the person to whom it was issued and for the transaction of business
only at the address shown on the permit. The permit must be renewed
yearly on the date of issuance or renewal. The fee for renewal
is $25 for each place of business. If a person operates two or
more types of business under the same roof, only one permit is
needed. It is the seller's responsibility to send an application
for renewal and the permit fee to the comptroller no later than
the 30th day before the expiration date shown on the permit.
Failure to renew causes automatic expiration on the renewal date
and the seller is considered to be operating without a permit
which is a <nl>criminal offense<ol>
[misdemeanor punishable by a
fine of not more than
$500 per day].


(3)-(4) (No change.)


(d) Collection and remittance of the tax.


(l) Each seller must collect the tax on each separate
retail sale in accordance with the statutory bracket system 
<nl>in the Tax Code, 
s151. 053<ol>. Copies of
the bracket system should
be displayed in each
place of business so
both the seller and the
customers may easily use
them. The tax is a
debt of the purchaser
to the seller until collected.


(2) The sales tax applies to each total sale, not to
each item of each sale. For example, if two items are purchased,
each costing $ .07, the seller must collect the tax on the total
selling price of $.14.<nl>Tax must be
reported and remitted to
the comptroller as provided
by the Tax Code, 
s151.410. When tax is collected
properly under the bracket
system, any over-collection need
not be remitted by the
seller. Conversely, when the
tax collected under the
bracket system is less
than the tax due on
the total receipts, the
seller is responsible for
remitting tax on total
receipts even though not
collected from customers.


(3)-(5)  (No change.)


(e)-(h) (No change.)


(i) Resale and exemption certificates.


(l)-(6) (No change.)


(7) The seller should obtain the properly executed resale
or exemption certificates at the time <nl>a taxable
transaction<ol> [the sale]
occurs.<nl>All certificates obtained
on or after the date
the auditor actually begins
work on the audit at
the seller's place of
business or on the seller's
records are subject to
verification. All incomplete certificates
will be disallowed regardless
of when they were obtained.
<ol> [If the certificates
are not obtained at the
time of the sale, they
are subject to verification
before they will be honored.]
The seller has 60 days
from the date written
notice is <nl>received
by<ol> [given by the
comptroller to] the seller
<nl> from the comptroller
<ol> in which to deliver
certificates to the comptroller.
<nl>For the purposes of
this section, written notice
given by mail is presumed
to have been received
by the seller within
three business days from
the date of deposit in
the custody of the United
States Postal Service. The
seller may overcome the
presumption by submitting proof
from the United States
Postal Service or by
other competent evidence showing
a later delivery date.
<ol> Any certificates delivered
to the comptroller during
the 60-day period will
be subject to verification
<nl>by the comptroller
<ol> before any deductions
will be allowed. Certificates
delivered to the comptroller
after the 60-day period
will not be accepted
and the deduction will
not be granted. See 
s3.285 of this title (relating
to Resale Certificate; Sales
for Resale), sec.3.287 of
this title (relating to
Exemption Certificates), sec.3.288
of this title (relating
to Direct Payment Procedures
and Qualifications), and 
s3.282 of this title (relating
to Auditing Taxpayer Records).


(j) Suspension of permit.


(l) If a person fails to comply with any provision of
the Tax Code, Title 2, [or of the Bingo Enabling Act,] or with
the rules issued by the comptroller under those statutes, the
comptroller may suspend the person's permit or permits.


(2) -(3) (No change.)


(k) (No change.)


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 24, 1991.

TRD-9107492

Martin Cherry

Chief, General Law Section

Comptroller of Public Accounts

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-4028

   
   


Subchapter P. Local Sales and Use Tax


34 TAC sec.3.375


The Comptroller of Public Accounts proposes an amendment to
sec.3.375, concerning administration of use tax; collection
by retailer. The amendment adds new definitions of "engaged in
business," deletes references to the "bracket formula," and makes
other minor changes for clarity.

Tom Plaut, chief revenue estimator, has determined that for
the first five-year period the section is in effect there will
be no fiscal implications for state or local government as a
result of enforcing or administering the section.

Dr. Plaut also has determined that for each year of the first
five years the section is in effect the public benefit anticipated
as a result of enforcing the section will be in providing new
information regarding tax responsibilities. This section is proposed
under the Tax Code, Title 2, and does not require a statement
of fiscal implications for small businesses. There is no anticipated
economic cost to persons who are required to comply with the
section as proposed.

Comments on the proposal may be submitted to Lucy Glover,
Manager, Tax Administration Division, P.O. Box 13528, Austin,
Texas 78711.

The amendment is proposed under the Tax Code, sec.111.002,
which provides the comptroller with the authority to prescribe,
adopt, and enforce rules relating to the administration and enforcement
of the provisions of the Tax Code, Title 2.



sec.3.375. <nl>City
Use Tax [Administration
of Use Tax; Collection
by Retailer].


(a) Definitions. The following words and terms, when
used in this setion, shall have the following meanings, unless
the context clearly indicates otherwise.


(1) Engaged in business-<nl>A retailer
is engaged<ol> [Engaged]
in business in a [particular]
city <nl>if the retailer
does<ol> [means and includes]
any of the following:


(A) <nl>maintains, occupies,
or uses<ol> [Any retailer
maintaining, occupying, or using],
permanently or temporarily, directly
or through an agent,
an office, place of distribution,
sales or sample room,
warehouse, storage place, or
other location;


(B) <nl>has<ol> [Any
retailer having] any representative,
agent, salesman, canvasser, or
solicitor operating in the
city under the authority
of the retailer for the
purpose of selling, delivering,
or [the] taking [of]
orders for any taxable
items;[.]


<nl>(C) promotes a flea
market, trade day, or
other event involving sales
of taxable items;


<nl>(D) uses independent salespersons
in direct sales of taxable
items;


<nl>(E) derives receipts from
a lease of tangible personal
property located in the
city;


<nl>(F) solicits orders for
taxable items by means
of advertising that is
broadcast from, printed at,
or distributed from, a
location in the city
if the advertising is
intended for consumers within
the city and is only
secondarily disseminated to bordering
cities. Advertising will be
considered to be intended
for city consumers if
75% or more of the
recipients are located in
the city;


<nl>(G) solicits orders for
taxable items by mail
if:


<nl>(i)<nl> the solicitations
are substantial and recurring;
and


<nl>(ii)<nl> the retailer
uses any banking, financing,
debt collection, telecommunications,
or marketing activities occurring
in the city, or benefits
from a location in the
city of authorized installations
servicing, or repair facilities.
A retailer located outside
the city who is not
otherwise engaged in business
in the city will not
be considered as engaging
in business in the city
by merely placing a request
for financing, telecommunications,
banking, marketing, or debt
collection services at a
location of a service
provider outside the city
even though the service
is performed in whole
or in part in the
city;


<nl>(H) allows a franchisee
or licensee to operate
under its trade name
if the franchisee or
licensee is required to
collect city sales or
use tax; or


<nl>(I) solicits orders for
taxable items by mail
or other media and federal
law permits the State
of Texas to require the
retailer to collect Texas
sales or use tax.


(2) Interstate <nl>or intrastate
<ol> transit has ceased-
<nl>Interstate or intrastate transit
has ceased when<ol> [When]
the [interstate] journey is
interrupted for reasons of
convenience or business needs
of the owner but does
not include a temporary
interruption necessary and incidental
to the transit.


[(3) Intrastate transit has ceased-When the intrastate
journey is interrupted for reasons of convenience or business
needs of the owner but does not include a temporary interruption
necessary and incidental to the transit.]


<nl>(3)<ol>[(4)]  Storage
-Includes any retention of
taxable items in <nl>the
city<ol> [Texas] for any
purpose other than sale,
lease, or rental in the
regular course of business
[or for subsequent use
solely outside Texas].


<nl>(4)<ol>[(5)]  Taxing
city-Any city in Texas
that has adopted the
<nl>city<ol> [local] sales
and use tax <nl>imposed
by the Tax Code, Chapter
321.


<nl>(5) <ol>[(6)] Use-The
exercise of any right
or power over taxable
items except the sale,
lease, or rental of the
items in the regular
course of business [or
the holding of the items
for the purpose of subsequently
transporting them outside Texas
for use solely outside
Texas]. <nl>With respect
to a taxable service,
use means the derivation
in the city of direct
or indirect benefit from
the service.


<nl>(6)<ol>[(7)] Use tax
-A [nonrecurring] tax <nl>that
<ol> [which] is imposed
on the exercise or enjoyment
of any right or power
over taxable items incident
to the ownership, possession,
or custody of those items.


(b) Imposition of city use tax.


(1) If taxable items are purchased <nl>outside
the state or within Texas
but not within<ol> [out
of state for use in]
a taxing city and 
<nl>those items<ol> are
brought <nl>by the purchaser
or lessee<ol> or shipped
<nl>or delivered by the
retailer directly<ol> into
<nl>a taxing<ol> [that]
city for storage, use,
or other consumption, city
use tax is due. [The
liability may be extinguished
by payment of the city
use tax directly to the
comptroller or to a retailer
authorized to collect it.
See sec.3.286 of this
title (relating to Seller's
Responsibilities) concerning use
tax permit requirements for
out-of-state retailers.]


(2)  <nl>City use tax
does not apply to taxable
items in interstate or
intrastate transit.<ol> [If
taxable items are purchased
within the state but
not within a taxing city,
and those items are shipped
or delivered by the retailer
directly into or brought
by the purchaser or lessee
directly into a taxing
city, the items are subject
to the city use tax.
The city use tax, if
any, is determined by
the location where the
items are first stored,
used, or otherwise consumed.]


(3) <nl>City use tax
is due on the purchase
or lease price of taxable
items and is reported
in the period in which
the taxable items are
first stored in a taxing
city, or if not stored,
where the taxable items
are first used, or otherwise
consumed, in a taxing
city <ol>[The basis of
the tax is the purchase
price. The tax should
be reported in the period
in which the taxable
items are first stored,
used, or otherwise consumed].


(4) City use tax does not apply when the taxable items
are transferred from some other city in Texas or from a point
outside a city where they were first stored, <nl>or
if not stored, where
the items were first<ol>
used, or otherwise consumed.


[(5) If, in a taxing city, storage facilities contain
taxable items purchased out of state and, at the time of storage,
it is not known whether the items will be used in or removed
from Texas, then the taxpayer may elect to report city use tax
when the items are first stored or when they are first removed
from storage for use. Once the election is made, the tax must
be reported in a consistent manner. If city use tax is paid on
stored items that are subsequently removed from Texas before
use, the tax may be recouped in accordance with the refund and
credit provisions in sec.3.325 of this title (relating to Refunds
[, Interest,] and Payments Under Protest) and sec.3.338 of
this title (relating to Allowance of Credit for Tax Paid to Suppliers).


[(c) Collection by retailer.


[(1) Retailer not maintaining a place of business in
this state. Every out-of-state retailer who:


[(A)  does not maintain a place of business within this
state; but


[(B)  is engaged in business in a taxing city;


[(C) sells, leases, or rents taxable items for storage,
use, or other consumption in that city; and


[(D) ships or delivers those items into the city to the
purchaser; shall collect both the use tax imposed by the state
and the use tax imposed by the city. The combined tax shall be
collected at the time the sale is made.]


<nl>(c)<ol>[(2)] <nl>Collection
and allocation of city
use tax by a retailer
located in Texas. A retailer
located in Texas but
outside a taxing city
is required to collect
city use tax if the
retailer<ol> [Retailer maintaining
a place of business within
this state. Every retailer
who]:


[(A) maintains a place of business within this state
but not in a taxing city;]


<nl>(1) <ol>[(B)] is
engaged in business in
a taxing city;


<nl>(2)<ol>[(C)]  sells,
leases, or rents taxable
items for storage, use,
or other consumption in
that city; and


<nl>(3)<ol>[(D)] ships or
delivers those items into
the city to the purchaser[;
shall collect both the
sales tax imposed by
the state and the use
tax imposed by the city.
The combined tax shall
be collected at the time
the sale is made].


<nl>(d) Collection and allocation
of city use tax by
a retailer located outside
Texas who is required
to collect state use
tax. A retailer located
in another state who
is required to collect
state use tax on a
transaction is also required
to collect city use tax
if the provisions of
subsection (c)(1)-(3) of this
section apply.


<nl>(e)<ol>[(d)]  Purchaser's
liability for use tax.
If a [the] seller is
not required to collect
[any state or] city use
tax [which is due], the
purchaser is still responsible
for filing reports and
paying the tax.


<nl>(f)<ol>[(e)]  Exceptions.


(1) <nl>Both city sales
tax and city use tax
cannot apply to the same
transaction. <ol>City use
tax is not applicable
if the purchaser paid
city sales tax to a
[Texas] retailer or owes
city sales tax to a
[Texas] retailer who failed
to collect it. The comptroller
may proceed against the
seller or the purchaser
for the city sales tax
owed by either.


(2)  City use tax <nl>does not
apply<ol> [is not applicable]
to the storage, use,
or other consumption of
taxable items in this
state if the sale or
use of the items would
be exempt from the state
sales and use tax [were
it purchased within this
state].


(3) Credit will be allowed against [a] city use tax liability
to the extent sales or use tax is legally due and paid to another
state [under the conditions provided in the Texas Tax Code, 
s141.001 and sec.151.303].


(4) If taxable items are purchased out of state, temporarily
stored in Texas <nl>in a taxing
city<ol>, and then removed
and used solely outside
Texas, city use tax does
not apply.


(5) The purchase of taxable items will not be presumed
to have been for use in a taxing city[,] if the items were purchased
and used outside Texas for more than one year before the date
<nl>the items were first
stored, used, or consumed
in a taxing city<ol>
[of entry into Texas].
<nl>Transactions covered by
the provisions of the
Tax Code, sec.151.330(a), are
also subject to the one-year
presumption if the items
covered by the transactions
are returned to a taxing
city by the purchaser.
<ol> The use outside Texas
must be substantial and
constitute a primary use
for which the property
was purchased. Either the
comptroller or the purchaser
may introduce evidence to
establish the intent or
absence of intent to
use the taxable items
in a taxing city at
the time of purchase.


[(f)  Collection formula. When the sales price in a taxing
city shall involve a fraction of a dollar, the two combined taxes
(state and city) shall be added to the sale price upon the following
schedules, provided that, for successive brackets for the schedule,
the tax shall be computed by multiplying 5.0% times the amount
of sale. Any fraction of $.01 which is less than one- half of
$.01 of tax shall not be collected. Any fraction of $.01 of tax
equal to one-half of $. 01 or more shall be collected as a whole
cent of tax.


[graphic]


<nl>(g) Storage facilities. If,
in a taxing city, storage
facilities contain taxable items
purchased outside Texas and
at the time of storage
it is not known whether
the items will be used
in or removed from Texas,
a taxpayer may elect
to report city use tax
when the items are first
stored or when they are
first removed from storage
for use in Texas. Once
the election is made,
the city use tax must
be reported in a consistent
manner. If city use tax
is paid on stored items
that are subsequently removed
from Texas before use,
the tax may be recovered
under the refund and
credit provisions in sec.3.325
of this title (relating
to Refunds, Interest, and
Payments Under Protest) and
sec.3.338 of this title
(relating to Allowance of
Credit for Tax Paid to
Suppliers).


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 24, 1991.

TRD-9107488

Martin Cherry

Chief, General Law Section

Comptroller of Public Accounts

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-4028

   
   


Subchapter R. Metropolitan Transit Authority Sales and Use
Tax


34 TAC sec.3.425


The Comptroller of Public Accounts proposes an amendment to
sec.3.425, concerning administration of use tax, imposition,
and collection. The amendment adds new definitions of "engaged
in business" and makes other minor changes for clarity.

Tom Plaut, chief revenue estimator, has determined that for
the first five-year period the section is in effect there will
be no fiscal implications for state or local government as a
result of enforcing or administering the section.

Dr. Plaut also has determined that for each year of the first
five years the section is in effect the public benefit anticipated
as a result of enforcing the section will be in providing new
information regarding tax responsibilities. This section is proposed
under the Tax Code, Title 2, and does not require a statement
of fiscal implications for small businesses. There is no anticipated
economic cost to persons who are required to comply with the
section as proposed.

Comments on the proposal may be submitted to Lucy Glover,
Manager, Tax Administration Division, P.O. Box 13528, Austin,
Texas 78711.

The amendment is proposed under the Tax Code, sec.111.002,
which provides the comptroller with the authority to prescribe,
adopt, and enforce rules relating to the administration and enforcement
of the provisions of the Tax Code, Title 2.



sec.3.425. <nl>Transit
 [Administration of] Use
Tax[; Imposition and Collection].


(a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless
the context clearly indicates otherwise.


(1) Authority-Any metropolitan transit authority
<nl>or city transit department
<ol>in Texas that has
adopted the <nl>transit
tax imposed by the Tax
Code, Chapter 322<ol>
[Metropolitan Transit Authority
Sales and Use Tax].


(2) Engaged in business-<nl>A retailer
is engaged<ol> [Engaged]
in business in <nl>an
<ol> [a particular] authority
<nl>if the retailer does
<ol> [means and includes]
any of the following:


(A)  <nl>maintains, occupies,
or uses<ol> [any retailer
maintaining, occupying, or using],
permanently or temporarily, directly
or through an agent,
an office, place of distribution,
sales or sample room,
warehouse, storage place, or
other location; [and]


(B) <ol>has<nl> [any
retailer having] any representative,
agent, salesman, canvasser, or
solicitor operating in the
authority on behalf of
the retailer or its subsidiary
for the purpose of selling,
delivering, or the taking
of orders for any taxable
items;<ol>[.]


<nl>(C) promotes a flea
market, trade day, or
other event involving sales
of taxable items;


<nl>(D) uses independent salespersons
in direct sales of taxable
items;


<nl>(E) derives receipts from
a lease of tangible personal
property located in the
authority;


<nl>(F)  solicits orders
for taxable items by
means of advertising that
is broadcast from, printed
at, or distributed from,
a location in the authority
if the advertising is
intended for consumers within
the authority. Advertising will
be considered to be intended
for authority consumers if
75% or more of the
recipients are located in
the authority;


<nl>(G) solicits orders for
taxable items by mail
if:


<nl>(i)<nl> the solicitations
are substantial and recurring;
and


<nl>(ii)<nl> the retailer
uses any banking, financing,
debt collection, telecommunications,
or marketing activities occurring
in the authority, or
benefits from a location
in the authority of authorized
installations, servicing, or repair
facilities. A retailer located
outside the authority who
is not otherwise engaged
in business in the authority
will not be considered
as engaging in business
in the authority by merely
placing a request for
financing, telecommunications, banking,
marketing, or debt collection
services at a location
of a service provider
outside the authority even
though the service is
performed in whole or
in part in the authority;


<nl>(H) allows a franchisee
or licensee to operate
under its trade name
if the franchisee or
licensee is required to
collect transit sales or
use tax; or


<nl>(I)  solicits orders
for taxable items by
mail or other media and
federal law permits the
State of Texas to require
the retailer to collect
Texas sales or use tax.


(3) Interstate <nl>or intrastate
<ol> transit has ceased-
<nl>Interstate or intrastate transit
has ceased when<ol> [When]
the [interstate] journey is
interrupted for reasons of
convenience or business needs
of the owner but does
not include a temporary
interruption necessary and incidental
to the transit.


[(4) Intrastate transit has ceased-When the intrastate
journey is interrupted for reasons of convenience or business
needs of the owner but does not include a temporary interruption
necessary and incidental to the transit.]


<nl>(4)<ol>[(5)] Storage-Includes
any retention of taxable
items in<nl> an authority
<ol> [Texas] for any purpose,
other than sale, lease,
or rental in the regular
course of business [or
for subsequent use solely
outside Texas].


<nl>(5)<ol>[(6)] Use-The
exercise of any right
or power over taxable
items except the sale,
lease, or rental of the
item in the regular course
of business [or the holding
of the items for the
purpose of subsequently transporting
them outside Texas for
use solely outside Texas].
<nl>With respect to a
taxable service, use means
the derivation in an
authority of direct or
indirect benefit from the
service.


<nl>(6)<ol>[(7)] Use tax
-A [nonrecurring] tax[, complementary
to the sales tax,] 
<nl>that<ol> [which] is
imposed on the exercise
or enjoyment of any right
or power over taxable
items incident to the
ownership, possession, or custody
of those items.


(b) Imposition of <nl>transit<ol>
[MTA] use tax.


(1) If taxable items are purchased <nl>outside
the state or within Texas
but not within<ol> [out
of state for use in]
an authority and <nl>those
items<ol> are brought
or shipped into an [that]
authority for storage, use,
or other consumption, 
<nl>transit<ol> [MTA] use
tax is due. [The retailer
is required to collect
the MTA use tax under
the conditions described in
subsection (c) of this
section. If the retailer
is not required to collect
the MTA use tax, the
purchaser must pay the
MTA use tax directly
to the comptroller. Reference
should be made to 
s3.286 of this title (relating
to Seller's Responsibilities) regarding
use tax permit requirements
for out-of-state retailers.]


(2) <nl>Transit use tax
does not apply to taxable
items in interstate or
intrastate transit.<ol> [If
taxable items are purchased
within the state but
not within an authority,
and those items are shipped
or delivered by the retailer
directly into or brought
by the purchaser or lessee
directly into an authority,
the items are subject
to the MTA use tax.
The retailer is required
to collect the MTA use
tax under the conditions
described in subsection (c)
of this section. If the
retailer is not required
to collect the MTA use
tax, the purchaser must
pay the MTA use tax
directly to the comptroller.
The MTA use tax, if
any, is determined by
the location where the
items are first stored,
used, or otherwise consumed.]


(3) <nl>Transit use tax
is due on the purchase
or lease price of taxable
items and is reported
in the period in which
the taxable items are
first stored, used, or
otherwise consumed in an
authority.<ol> [The basis
of the tax is the
purchase price. The tax
should be reported in
the period in which the
taxable items are first
stored, used, or otherwise
consumed.]


(4) MTA use tax does not apply when the taxable items
are transferred from some other authority or from a point outside
an authority where they were first stored, used, or otherwise
consumed.


(5) If, in an authority, storage facilities contain taxable
items purchased <nl>outside Texas<ol>
[out of state] and, at
the time of storage,
it is not known whether
the items will be used
in or removed from Texas,
<nl>a<ol> [then the]
taxpayer may elect to
report <nl>transit<ol>
[MTA] use tax when the
items are first stored
or are first removed
from storage for use
<nl>in Texas<ol>. Once
the election is made,
the <nl>transit use<ol>
tax must be reported
in a consistent manner.
If <nl>transit<ol> [MTA]
use tax is paid on
stored items that are
subsequently removed from Texas
before use, the tax may
be <nl>recovered<ol> [recouped]
under the refund and
credit provisions in sec.3.325
of this title (relating
to Refunds<nl>, Interest,
<ol> and Payments Under
Protest) and sec.3.338 of
this title (relating to
Allowance of Credit for
Tax Paid to Suppliers).


[(c)  Collection by retailer.


[(1) Retailer not maintaining a place of business in
this state. Every out-of-state retailer who:


[(A) does not maintain a place of business within this
state; but


[(B) is engaged in business in an authority;


[(C) sells, leases, or rents taxable items for storage,
use, or other consumption in that authority; and


[(D)  ships or delivers those items into the authority
to the purchaser; shall collect the use tax imposed by the state
and the use tax imposed by the city and the authority. The combined
tax shall be collected at the time the sale is made.]


<nl>(c)<ol>[(2)] <nl>Collection
and allocation of transit
use tax by a retailer
located in Texas. A retailer
located in Texas but
outside an authority is
required to collect transit
use tax if the retailer
<ol> [Retailer maintaining a
place of business in
this state. Every retailer
who]:


[(A)  maintains a place of business within this state,
but not within an authority; ]


<nl>(1)<ol>[(B)] is engaged
in business in <nl>the
<ol> [an] authority;


<nl>(2)<ol>[(C)] sells, leases,
or rents taxable items
for storage, use, or
other consumption in that
authority; and


<nl>(3)<ol>[(D)]  ships
or delivers those items
into the authority to
the purchaser[; shall collect
the sales tax imposed
by the state, the sales
or use tax imposed by
the city, and the use
tax imposed by the authority.
The combined tax shall
be collected at the time
the sale is made].


<nl>(d) Collection and allocation
of transit use tax by
a retailer located outside
Texas. A retailer located
in another state is required
to collect transit use
tax if the provisions
of subsection (c)(1)-(3) of
this section apply.


<nl>(e)<ol>[(d) ] Purchaser's
liability for use tax.
If <nl>a<ol> [the]
seller is not required
to collect <nl>transit
<ol> [any state, city,
or MTA] use tax [which
is due], the purchaser
is still responsible for
filing reports and paying
the tax.


<nl>(f)<ol>[(e)] Exceptions.


(1) <nl>Both transit sales
tax and transit use tax
cannot apply to the same
transaction. Transit<ol> [MTA]
use tax is not applicable
if the purchaser paid
<nl>transit<ol> [MTA] sales
tax to a Texas retailer
or owes <nl>transit<ol>
[MTA] sales tax to a
Texas retailer who failed
to collect it. The comptroller
may proceed against the
seller or the purchaser
for the <nl>transit<ol>
[MTA] sales tax owed
by either.


(2)  <nl>Transit<ol> [MTA]
use tax <nl>does not
apply<ol> [is not applicable]
to the storage, use,
or other consumption of
taxable items in this
state if the sale or
use of the items would
be exempt from the state
sales and use tax were
the items purchased within
this state.


(3) Credit will be allowed against [an] <nl>transit
<ol> [MTA] use tax liability
to the extent sales or
use tax is legally due
and paid to another state
under the conditions provided
in the [Texas] Tax Code,
Chapter 141 and sec.151.303.


(4) If taxable items are purchased out of state, temporarily
stored in Texas <nl>in an authority
<ol>, and then removed
and used solely outside
Texas, <nl>transit<ol>
[MTA] use tax does not
apply.


(5) The purchase of taxable items will not be presumed
to have been for use in an authority if the items were purchased
out of state and used outside Texas for more than one year before
the date of entry into an authority. Transactions covered by
the provisions of the [Texas] Tax Code, sec.151.330(a), are
also subject to the <nl>one-year<ol> [one
year] presumption if the
items covered by the
transactions are returned to
the authority by the
purchaser. The use outside
Texas must be substantial
and constitute a primary
use for which the property
was purchased. Either the
comptroller or the purchaser
may introduce evidence to
establish the intent or
absence of intent to
use taxable items in
an authority at the time
of purchase.


This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority
to adopt.

Issued in Austin, Texas, on June 24, 1991.

TRD-9107490

Martin Cherry

Chief, General Law Section

Comptroller of Public Accounts

Earliest possible date of adoption: August 2, 1991

For further information, please call: (512) 463-4028

   
   

Withdrawn Sections

An agency may withdraw proposed action or the remaining effectiveness
of emergency action on a section by filing a notice of withdrawal
with the Texas Register.
The notice is effective
immediately upon filling or
20 days after filing.
If a proposal is not
adopted or withdrawn six
months after the date
of publication in the
Texas Register,
it will automatically be
withdrawn by the office
of the Texas Register
and a notice of the
withdrawal will appear in
the Texas Register
.



TITLE 31. NATURAL RESOURCES AND CONSERVATION

Part IX. Texas Water Commission

Chapter 334. Underground and Aboveground Storage Tanks


Subchapter K. Petroleum Substance Waste


31 TAC sec.334.481, sec.334.482


The Texas Water Commission has withdrawn the emergency effectiveness
of new sec.334.481 and sec.334.482, concerning underground
and aboveground storage tanks. The text of the emergency sec.334.481
and sec.334.482 appeared in the March 22, 1991, issue of the
Texas Register (16 TexReg 167). The
effective date of this withdrawal is July 5, 1991.


Issued in Austin, Texas, on June 26, 1991.

TRD-9107598

Jim Haley

Director, Legal Division

Texas Water Commission

Effective date: July 5, 1991

For further information, please call: (512) 463-8069

   
   

Adopted Sections

An agency may take final action on a section 30 days after
a proposal has been published in the Texas
Register. The section becomes effective 20 days after
the agency files the correct document with the Texas
Register, unless a later date is specified or unless
a federal statute or regulation requires implementation of the
action on shorter notice.

If an agency adopts the section without any changes to the
proposed text, only the preamble of the notice and statement
of legal authority will be published. If an agency adopts the
section with changes to the proposed text, the proposal will
be republished with the changes.



TITLE 1. ADMINISTRATION

Part V. State Purchasing and General Services Commission

Chapter 113. Central Purchasing Division


The State Purchasing and General Services Commission adopts
an amendment to sec.113.13 and new sections 113.21, 113.23,
and 113.25. Section 113.23 and sec.113. 25 are adopted with
changes to the proposed text as published in the May 3, 1991,
issue of the Texas Register
(16 TexReg 2449). Section
113.13 and sec.113. 21
are adopted without changes
and will not be republished.

The amendment and new sections are adopted to implement provisions
of Senate Bill 740, 71st Legislature, 1989.

The adopted amendment and new sections advise of restrictions
placed on the purchase or lease of schools buses and passenger
vehicles, unless the vehicles are capable of using compressed
natural gas (CNG) or other alternative fuel. The sections also
advise school districts and state agencies of information submission
requirements and criteria used by the commission in granting
waivers to the requirements of Senate Bill 740.

Four separate entities submitted a variety of comments in
response to the proposed amendment and new sections. One commenter
questioned the determination that there will be fiscal implications
to the proposed sections. Another commenter requested clarification
in the language of sec.113.25 to distinguish between the terms
"motor vehicle" and "passenger vehicle." Another commenter requested
that the hardship grace period for vehicles converted after purchase
as specified in sec.113.23 and sec.113.25 be set at 180 days
rather than the proposed 90 days. An additional commenter expressed
particular concern about safety standards and requested the addition
of a provision for granting waivers until it has been determined
that conversion systems are available competitively and all safety,
operational, and technical requirements have been met. Particular
concern was made to the crash worthiness provision contained
in the Federal Safety Standards. A final commenter expressed
support and agreement and noted that the proposed amendment and
new sections appear to be complete and equitable.

A commenter in favor of adoption of the sections as proposed
was the Texas LP-Gas Association. Commenters opposing adoption
of the sections as proposed were: the State Department of Highways
and Public Transportation; the Texas General Land Office; and
Conwell Smith Sales Company.

The commission disagrees that there will be no fiscal implications
from compliance with the proposed amendment and new sections.
Although it is acknowledged that savings from the use of alternative
fuels is probable, and that certain gas utilities may provide
financing for vehicle conversions and would recoup their costs
through long-term fuel contracts, the net effect of these savings
and finance arrangements are unknown at this time. Therefore,
the commission believes that it is prudent to show the estimated
known costs of compliance with these rules while recognizing
that a certain amount of these costs may be offset in the future.

The commission agrees that clarification is necessary in 
s113.25 to distinguish between the terms "motor vehicle" and
"passenger vehicle." Therefore, changes have been made in the
title to this section to provide this clarification.

The commission does not believe that it is necessary to increase
the hardship grace period from 90 days to 180 days. However,
it is acknowledged under certain circumstances it may not be
possible to convert a vehicle within 90 days due to general industry
conditions. Therefore, changes have been made in sec.113.23
and sec.113.25 to allow for consecutive 90-day hardship waivers
to address this potential situation. Since Senate Bill 740 clearly
authorized schools and state agencies to purchase necessary equipment
and facilities in accordance with applicable law, a special waiver
provision to delay implementation of conversions until conversion
systems are available competitively is not necessary. Further,
Senate Bill 740 expressly requires the commission, in the case
of state agency purchases, and the commission and school districts,
in the case of school bus purchases, to comply with all applicable
safety standards promulgated by the United States Department
of Transportation and the Railroad Commission of Texas or their
successor agencies. As compliance with applicable safety standards
is a mandatory requirement of Senate Bill 740, imposed primarily
on the commission, safety is not viewed as an appropriate ground
for waiver. Instead, if it is not affirmatively established that
such standards are satisfied, alternative fuel vehicles could
not be placed in service.

The commission also takes this opportunity to make minor changes
in sec.113.25 to eliminate confusion regarding whether or not
vehicles purchased, or vehicles delivered after September 1,
1991, must comply with the rules. It is the intent of Senate
Bill 740 that vehicles purchased after this date be subject to
the requirements to use alternative fuels.


Purchasing


1 TAC sec.113.13


The amendment is adopted under Texas Civil Statutes, Article
601b, sec.3.03, and the Education Code, sec.21.174.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107546

Judith M. Porras

General Counsel

State Purchasing and General Services Commission

Effective date: July 16, 1991

Proposal publication date: May 3, 1991

For further information, please call: (512) 463-3446

   
   




1 TAC sec.113.17


The State Purchasing and General Services Commission adopts
new sec.113.17, concerning the enhancement of the effectiveness
and economy of the purchasing system, without changes to the
proposed text as published in the April 2, 1991, issue of the
Texas Register (16
TexReg 1925).

The new section is necessary to allow the commission to administer
purchases of information resources technologies as defined by
Texas Civil Statutes, Article 4413(32j) and Department of Information
Resources (DIR) rules.

The new section will require the requesting agency to certify
compliance with Texas Civil Statutes, Article 4413(32j) and DIR
rules in order that purchase actions for information resources
technology items may commence.

No comments were received regarding adoption of the new section.

The new section is adopted under the Texas Civil Statutes,
Article 601b, sec.3. 01, which provide the State Purchasing
and General Services Commission with the authority to promulgate
rules necessary to accomplish the purpose of Article 3.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107543

Judith Monaco Porras

General Counsel

State Purchasing and General Services Commission

Effective date: July 16, 1991

Proposal publication date: April 2, 1991

For further information, please call: (512) 463-3446

   
   


Purchase of Alternative Fuel Vehicles


1 TAC sec.sec.113.21, 113.23,113.25


The new sections are adopted under Texas Civil Statutes, Article
601b, sec.3. 03, and the Education Code, Section 21.174.



sec.113.23. Purchase of
School Buses.


(a) Except as provided in subsection (b) of this section,
after September 1, 1991, no motor vehicle used for transporting
school children will be purchased or leased for any county or
local school district operating more than 50 such vehicles unless
that vehicle is an alternative fuel vehicle.


(b) The commission shall waive the requirements of subsection
(a) of this section upon receipt of a board's certification either
that:


(1) the district's vehicles will be operating primarily
in an area in which neither the school district nor a supplier
can reasonably be expected to establish a central refueling station
for alternative fuels;


(2) the district is unable to acquire or be provided
equipment or refueling facilities for alternative fuels at a
cost that is reasonably expected to result in no greater net
cost than the continued use of traditional gasoline or diesel
fuels measured over the expected useful life of the equipment
or facilities provided; or


(3) the district is unable to acquire or be provided
any alternative fuel vehicles or equipment necessary for such
vehicles.


(c) A waiver issued pursuant to subsection (b) of this
section does not constitute a waiver or reduction of the fleet
compliance requirements set forth in the Texas Education Code,
sec.21.174(d)(1). A school district may request such a waiver
or reduction in accordance with sec.125.65 of this title (relating
to Reduction and/or Waiver of Required Fleet Percentages). If
a school district is unable to obtain alternative fuel vehicles
or the facilities and equipment necessary for alternative fuel
vehicles, a waiver will be granted.


(d) The certification specified in subsection (b) of
this section must be submitted on the board's official stationery,
be signed by the president and secretary of the board, and contain
a verification that it was made in accordance with the requirements
of the Texas Education Code, sec.21. 174(c)(5). The certification
must also be accompanied by copies of the notice of public meeting
and the minutes or an excerpt of the minutes of the public meeting
at which the board considered the certification action.


(e)  Requisitions for a school bus to be purchased after
September 1, 1991, will not be processed by the commission unless
the requisition specifies an alternative fuel vehicle or is accompanied
by a certification in substantial compliance with subsections
(b) and (d) of this section. If the requisition specifies an
alternative fuel vehicle as a result of a conversion, it must
contain an additional certification as to the anticipated time
after delivery that the conversion will be completed. The conversion
must be completed prior to the vehicle being placed in service,
unless undue hardship would result. In the case of potential
undue hardship, the commission may approve use of the vehicle
for one or more periods of 90 days following delivery before
it is converted.



sec.113.25. Purchase of
Motor Vehicles.


(a) A state agency may not purchase or lease a vehicle
designed or used primarily for the transportation of persons,
including a station wagon, that has a wheel base longer than
113 inches or that has more than 145 SAE net horsepower. This
provision does not apply to the purchase or lease of a vehicle
to be used primarily for criminal law enforcement or a bus, motorcycle,
pickup, van, truck, three-wheel vehicle, tractor, or ambulance.


(b) Except as provided in subsections (c) and (d) of
this section, after September 1, 1991, no motor vehicle may be
purchased or leased for a state agency operating a fleet of more
than 15 vehicles, excluding law enforcement and emergency vehicles,
unless that vehicle is an alternative fuel vehicle.


(c) Requisitions for purchase or lease of vehicles after
September 1, 1991, to a state agency operating a fleet of more
than 15 vehicles, excluding law enforcement or emergency vehicles,
will not be processed by the commission unless the requisition
specifies an alternative fuel vehicle, or is accompanied by a
request for waiver in accordance with sec.125.65 of this title
(relating to Reduction and/or Waiver of Required Fleet Percentages),
or a current and valid waiver issued under that section is on
file with the commission. If the requisition specifies an alternative
fuel vehicle as a result of a conversion, it must contain certification
as to the anticipated time after delivery that the conversion
will be completed. The conversion must be completed prior to
the vehicle being placed in service, unless hardship would result.
In the case of potential undue hardship, the commission may approve
use of the vehicle for one or more periods of 90 days following
delivery before it is converted. A request for waiver submitted
with a requisition will be referred to the Travel and Transportation
Division of the commission and will be granted or denied in accordance
with sec.125.65.


(d) If a waiver is granted or is on file, the commission
will process the purchase requisition without undue delay. If
a waiver request is denied, the commission will return the requisition
to the agency without further processing.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107545

Judith M. Porras

General Counsel

State Purchasing and General Services Commission

Effective date: July 16, 1991

Proposal publication date: May 3, 1991

For further information, please call: (512) 463-3446

   
   

Chapter 125. Travel and Transportation Division


The State Purchasing and General Services Commission adopts
an amendment to sec.125.47 and new sec.sec.125.61, 125.63,
125.65, and 125.67. Section 125.65 is adopted with changes to
the proposed text as published in the May 3, 1991, issue of the
Texas Register (16 TexReg
2450). Sections 125.47, 125.61-125.63,
and 125.67 are adopted
without changes and will
not be republished.

The amendment and new sections are adopted to implement provisions
of Senate Bill 740, 71st Legislature, 1989.

The adopted amendment and new sections advise of the range
of services and support provided by the State Vehicle Fleet Management
Section of the Travel and Transportation Division to school districts
and state agenciesin facilitating the use of vehicles capable
of using alternative fuel. Fleet percentages of compressed natural
gas (CNG) and other alternative fuels vehicles and deadline for
meeting percentages are mandated. The sections also advise school
districts and state agencies of information submission requirements
and criteria used by the commission in granting waivers to the
requirements of Senate Bill 740.

Four separate entities submitted a variety of comments in
response to the proposed amendment and new sections. One commenter
requested clarification as to whether or not a state agency must
satisfy only one criteria or all criteria to qualify for a waiver
of fleet percentage requirements in accordance with sec.125.
65. A commenter also requested clarification as to the way vehicles
that have lost their waiver status are added to the vehicle fleet
and what impact this will have on the required fleet percentages.

Another commenter questioned the determination that there
will be fiscal implications to the proposed sections. A commenter
also suggested that language be included to account for changing
industry circumstances during the two-year life of any waiver
that may be granted. Another commenter suggested that a specific
time deadline be set for the filing of requests for waivers well
prior to September 1, 1994, the date of the first fleet percentage
requirement. Also, a commenter proposed that there be an opportunity
for state agencies and other interested parties to provide input
prior to the granting of any waivers.

An additional commenter noted that certain adjustments appeared
to be necessary in the standard life cycle cost benefit analysis
to reflect the actual formula to be used by the commission. A
commenter also requested clarification on how to address costs
for conversions expected over multiple year periods. A commenter
noted too that the component in the analysis relative to projected
savings is deficient since specific reliable data is not yet
available to project such savings. In addition, a commenter suggested
that the commission's pay back method was incomplete because
it failed to consider the time value of money.

A final commenter expressed support and agreement and noted
that the proposed amendment and new sections appear to be complete
and equitable.

A commenter favoring adoption of the proposed sections was
the Texas LP-Gas Association. Commenters opposing adoption of
the proposed sections were: the State Department of Highways
and Public Transportation; the Texas General Land Office; and
Durham Transportation of Texas, Inc.

The commission believes that no changes are necessary to 
s125.65 in regard to whether or not a state agency must satisfy
only one criteria or all criteria to qualify for a waiver of
fleet percentage requirements. The language in the proposed section
indicates that a state agency may be granted a waiver if a state
agency satisfies one or more of the criteria shown.

In regard to the commenter requesting changes as to how to
treat a vehicle that loses its waiver status as it relates to
the overall fleet percentage requirements, the commission believes
that no changes are necessary. Senate Bill 740 established fleet
conversion percentage requirements for all motor vehicles. If,
for any reason, a motor vehicle is required to comply with the
provision of Senate Bill 740, that vehicle must be included in
any calculation related to determining fleet percentage requirements.

The commission disagrees that there will be no fiscal implications
from compliance with the proposed amendment and new sections.
Although it is acknowledged that savings from the use of alternative
fuels are probable, and that certain gas utilities may provide
financing for vehicle conversions and would recoup their costs
through long-term fuel contracts, the net effect of these savings
and finance arrangements is unknown at this time. Therefore,
the commission believes that it is prudent to show the estimated
known costs of compliance with these rules while recognizing
that a certain amount of these costs may be offset in the future.

The commission does not believe it is necessary to include
language in the rules that will provide for changing industry
circumstances during the two-year life of a waiver that may be
granted. Although improvements in technology are likely to occur
over any two-year period, the degree of such change is not likely
to effect the validity of any waiver granted. Should any major
technological or operation breakthrough occur that would substantially
impact the validity of a waiver, the commission can adopt an
appropriate rules amendment at that time.

Senate Bill 740 specifies that the first deadline for minimum
vehicle fleet percentage requirements be September 1, 1994. In
addition, it specifies that new vehicles and school buses purchased
after September 1, 1991, be capable of operating on an alternative
fuel. Because of this requirement for new purchases, the commission
believes that there is ample incentive for a state agency or
school district to file a request for waiver well in advance
of the date the percentage requirements become effective and
that no specific filing deadline is necessary.

In regard to the comment that proposed there be language in
the rules to allow an opportunity for interested parties to give
their input prior to waivers being granted, the commission believes
that this is an issue that is better addressed through commission
policy than through rules. The commission believes that it is
not necessary to specify the actual life cycle cost benefit analysis
(LCCBA) formulas. In applying for a waiver, only the table as
shown in sec.125.65, which is based upon standard LCCBA formulas,
needs to be used; a formula is not required.

The comment regarding the conversion of vehicles on a phased-in
basis over multiple years may be addressed in one of two ways.
First, calculations can be made separately on each conversion
phase. Or, second, the total estimated costs and benefits for
all conversions can be calculated at one time. Either can be
handled using standard LCCBA formulas. A workbook on the cost
effectiveness of using alternative fuels using LCCBA is available
from the commission to assist those who want to make these calculations.
The various LCCBA formulas are listed therein. This workbook
can be used to show how these two different calculations could
be handled. The commission realizes that estimates of savings
will not necessarily be extremely accurate; however, estimates
of fuel and other savings can be made from records of entities
using alternative fuels. The commission feels that the best estimate
of these costs as well as the benefits should be utilized in
calculating cost effectiveness of using alternative fuels.

The LCCBA method of calculating payback does, in fact, include
the cost of money and the time value of money. The pay back period
in the rules includes the time value of money; simple payback
does not. The LCCBA concept uses the constant dollar value of
resources in calculations of cost effectiveness of a system or
whatever is analyzed. This method does not, however, provide
for budgeting; it is to be used only for decision making. If
budgeting is to be accomplished, then the effects of appreciation
or depreciation of money must be taken into account in order
to provide for a specified amount of funds at a certain time
in the future. To allow for potential economic changes, the commission
takes this opportunity to make a minor modification in the language
of sec.125.65(e)(8), to allow for alternative factors to be
considered when determining the cost of money. In addition, notations
have been added to the LCCBA table to note that different P,
max. factors apply when it is determined by a state agency that
an alternative cost of money percentage may best apply.


 State Vehicle Fleet Management


1 TAC sec.125.47

amendment is adopted under Texas Civil Statutes, Article 601b,
sec.14.01, which provide the commission with the authority
to adopt rule necessary to implement the provisions of Article
14.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107548

Judith M. Porras

General Counsel

State Purchasing and General Services Commission

Effective date: July 16, 1991

Proposal publication date: May 3, 1991

For further information, please call: (512) 463-3446

   
   


Texas Alternative Fuels Program


1 TAC sec.sec.125.61, 125.63,
125.65, 125.67


The new sections are adopted under Texas Civil Statutes, Article
601b, sec.14.01, which provide the commission with the authority
to adopt rules necessary to implement the provisions of Article
14.



sec.125.65. Reduction and/or
Waiver of Required Fleet
Percentages.


(a) Any state agency operating a fleet of more than 15
motor vehicles, excluding law enforcement and emergency vehicles,and
any school district operating more than 50 motor vehicles used
for transporting school children are required to achieve a fleet
percentage of alternative fuel vehicles equal to or greater than
30% of the total number of such vehicles operated by September
1, 1994, and a percent equal to or greater than 50% by September
1, 1996. Contingent upon favorable review by the Texas Air Control
Board by December 31, 1996, determining that the alternative
fuel program has been effective in reducing total annual emissions
from vehicles, state agencies and school districts shall achieve
a fleet percentage equal to or greater than 90% of alternative
fuel vehicles by September 1, 1998, and thereafter.


(b) An agency or school district may request a waiver
or reduction of the requirements of subsection (a) of this section
by submitting a certification that:


(1)  the vehicles will be operating primarily in an area
in which neither the agency or school district nor a supplier
has or can reasonably be expected to establish a central refueling
station for alternative fuels;


(2) the agency or school district is unable to acquire
or be provided equipment or refueling facilities necessary to
operate vehicles using an alternative fuel at a projected cost
that is reasonably expected to result in no greater net costs
than the continued use of traditional gasoline or diesel fuels
measured over the expected useful life of the equipment or facilities
supplied; or


(3) the agency or school district is unable to acquire
or be provided any alternative fuel vehicles or equipment necessary
for such vehicles.


(c) The certification requesting a waiver or reduction
of the requirements of subsection (a) of this section must be
sent to the Vehicle Fleet Section, Travel and Transportation
Division of the commission and must be accompanied by the information
described in either subsection (d) or (e) of this section.


(d) A certification under subsection (b)(1) of this section
must be accompanied and supported by at least the following:


(1) state the total number of vehicles in the fleet subject
to these rules;


(2) state the total number of vehicles currently operating
on an approved alternative fuel;


(3) state what percentage of the fleet, subject to these
rules, is impacted by the requested waiver or reduction of the
requirements;


(4) identify, by vehicle license plate number, each vehicle
to be waived;


(5) identify the city, or town nearest to where each
vehicle identified in paragraph (4) of this subsection is normally
garaged;


(6) identify, by name, any alternative fuels vendor or
supplier with a stationary supply of fuel within a 10 mile radius,
or mobile fuel suppliers within a 30-mile radius of where each
vehicle identified in paragraph (4) of this subsection is normally
garaged;


(7) provide copies of any correspondence, or other documentation
relevant to the request for waiver or reduction of the requirements.


(e) A certification under subsection (b) (2) of this
section must be accompanied and supported by an agency prepared
cost benefit analysis for each alternative fuel which includes
the following:


(1) total initial cost of providing the entire alternative
fuel facility, or a portion thereof, including, but not limited
to, the following: (If the equipment is provided at no initial
cost whatsoever to the agency and the fuel vendor plans to recoup
the initial cost through increased fuel costs, then only those
items furnished by the agency such as land shall be included
in the total initial cost.)


(A) cost of land at current market value, on which to
install any compressor station, tanks, and refueling facilities;


(B)  cost of compressor and related facilities, including
cost of providing operating power, if not already available at
the site, any engineering work for site preparation;


(C) cost of refueling and related facilities, including
fast and slow refueling stations, refueling tanks;


(D) cost of providing alternative fuel to the site such
as gas pipeline;


(E)  cost of engine conversion kits and fuel cylinders
and/or tanks, including installation costs;


(F) cost of initial training and certification of mechanics,
and training of drivers to operate alternative fuel vehicles,
if required;


(G) cost of future major overhauls of the compressor
system according to the compressor manufacturer's recommended
major overhaul schedule (see paragraph (7) of this subsection);


(H) cost of future major overhauls or replacement of
the refueling stations if the expected life is less than 30 years;


(I) costs of future replacement of fuel conversion kits
(see paragraph (7) of this subsection); and


(J) any other costs or expenditures necessary to provide
a complete, turnkey facility;


(2)  total annual mileage expected for the vehicle fleet
or for those vehicles covered by the cost study;


(3) total annual fuel savings calculated from the difference
between the fuel costs using gasoline/diesel and using alternative
fuel for the total annual mileage found in paragraph (2) of this
subsection;


(4) an estimate of any additional savings such as reduced
maintenance costs (these could include savings from extended
oil change intervals, longer spark plug life,and other savings
in maintenance);


(5)  an estimate of the total annual operating costs,including,
but not limited, to the following:


(A) compressor and refueling station maintenance, not
replacement cost or cost of major overhaul (see paragraph (1)
of this subsection) ;


(B) cost of labor for removing, testing, and reinstalling
alternative fuel cylinders/tanks for inspection and testing;


(C) cost of maintenance and repair of engine conversion
kits;


(D) cost of testing fuel cylinders/tanks;


(E) cost of training additional mechanics and labor cost
differential, if any, for mechanics and other personnel servicing
alternative fuel equipment;


(F) cost of electrical power to operate the compressors
and refueling stations; and


(G) other annual costs uniquely associated with the operation
of the alternative fuel program;


(6)  determine the total annual savings from the difference
between the total annual fuel and other savings (sum of paragraphs
(3) and (4) of this subsection), and the total annual operating
costs, paragraph (5) of this subsection;


(7) estimate the expected life of the various components
of the system. If accurate lifetimes are not available, the following
shall be used:


(A)  conversion kits = 15 years (if removed from old
and reinstalled on new vehicles; if not reinstalled, use six
years for conversion kits for automobiles and small buses, and
10 years for light- and medium-duty trucks and large buses);


(B) fuel cylinders/tanks = 30 years (or less if lifetimes
are not 30 years);


(C) compressors = 30 years (or replacement at the time
recommended by the compressor manufacturer for the third major
overhaul. If not known or not listed by the manufacturer, use
10 years);


(8) determine the capitalized costs of the various components
in subsection (e) of this section and then calculate the payback
period by using the total capitalized costs; total annual savings,
paragraph (6) of this subsection; and 10% cost of money (or the
actual interest rate applicable at the time the calculation is
made) in standard life cycle cost benefit analysis formulae;
and


(9) the commission may provide technical assistance for
state agencies and school districts to make the analysis required
by this section.


(f) The director of the Travel and Transportation Division
of the commission will review the request for waiver from or
reduction of the requirements of subsection (a) of this section
and will issue a written waiver or reduction to the state agency
or school district and provide a copy to the Purchasing Division
of the commission. A waiver or reduction issued under this section
will remain valid for two years from date of issuance. A waiver
will be granted on a certification under subsection (b)(2) of
this section if the total capitalized cost, P, max. is more than
9.43 times the total annual savings, A, for an expected compressor
or system lifetime of 30 years. If the compressor lifetime is
less than 30 years, or if a compressor is not used, and the component
in subsection (e)(1) of this section with the longest expected
lifetime is less than 30 years, a waiver will be granted if the
total capitalized costs are more than the following values (if
other than 10% interest is used, adjust accordingly):


[graphic]


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107547

Judith M. Porras

General Counsel

State Purchasing and General Services Commission

Effective date: July 16, 1991

Proposal publication date: May 3, 1991

For further information, please call: (512) 463-3446

   
   


TITLE 25. HEALTH SERVICES

Part II. Texas Department of Mental Health and Mental Retardation

Chapter 405. Client (Patient) Care


Subchapter A. Prescribing of Medication Mental-Health Services


25 TAC sec.sec.405.1-405.18


The Texas Department of Mental Health and Mental Retardation
(TDMHMR) adopts new sec.sec.405.1-405.18, concerning client
(patient) care 405.1, 405.3, 405.6-405.9, 405.12, and 405.14-405.16
are adopted with changes to the proposed text as published in
the December 25, 1990, issue of the Texas Register
 (15 TexReg 7487).
Sections 405.2, 405.4, 405.5,
405.10, 405.11, 405.13, 405.17,
and 405.18 are adopted
without changes and will
not be republished.

The purpose of the new sections is to replace the existing
Chapter 405, Subchapter GG, relating to prescribing of psychoactive
drugs, for persons receiving mental health services at TDMHMR
state facilities and community mental health and mental retardation
centers. (Chapter 405, Subchapter GG will continue to exist and
govern prescribing of psychoactive drugs at mental retardation
facilities.)

The new subchapter is the product of comprehensive revisions
undertaken after a court-mandated review of the existing subchapter.
As a result of the review, it was determined that the existing
Chapter 405, Subchapter GG did not take into account progress
in psychiatry and mental health treatment, was too limited in
scope, and had conceptual, administrative, format, and clinical
shortcomings. The content of the proposed new subchapter was
developed by a group which included medical directors, hospital
and community psychiatrists, outside psychiatric consultants,
other medical consultants, pharmacists, nurses, and quality assurance
professionals. Resulting drafts were reviewed by a number of
state hospital and community center psychiatrists. The revision
process was overseen, and the drafts reviewed, by TDMHMR's medical
director and deputy commissioner for Mental Health Services.
The new subchapter has been approved by the court in RAJ 
v. Jones.

The new sections apply to community centers as well as TDMHMR
facilities, and govern prescribing of medications in addition
to those defined as "psychoactive. " The new sections clarify
guidelines related to prescribing practices, and explicitly state
that compliance is part of the physician's job description.

Revisions to the rule include an amendment to reflect the
start-up date of the 1991 mental health standards, and the addition
of references to Texas laws and federal regulations governing
storage and record keeping with regard to controlled substances.
The definition of "inpatient" was revised to clarify terms, and
the definition of "TDMHMR Formulary" was revised for the purpose
of being consistent with other department documents. A definition
was added for "prescription medication." Staff authorized to
perform AIMS was made consistent throughout the rule, and reference
to maximum doses in sec.405.7(7)(C) was removed. Section 405.7(7)(D)
was revised for the purpose of clarification. Other changes include
highlighting the importance of the risk/benefit discussion, and
a revision which limits the need for documentation of rationale
for using a dosage which varies from that recommended in the
TDMHMR formulary or other reference to higher doses only.

Comments concerning the new sections were received from several
individuals; Clinical Pharmacy Programs at San Antonio, Department
of Pharmacology, University of Texas Health Science Center at
San Antonio; Medical Advisory Committee to the Texas Board of
Mental Health and Mental Retardation; College of Pharmacy, The
University of Texas at Austin; Abilene Mental Health-Mental Retardation
Center, Abilene; Austin-Travis County Mental Health-Mental Retardation
Center, Austin; Dallas County Mental Health and Mental Retardation
Center, Dallas; Heart of Texas Region Mental Health-Mental Retardation
Center, Waco; Johnson County Mental Health-Mental Retardation
Center, Cleburne; Martin Luther Home, Inc., Seguin; Riceland
Regional Mental Health Authority, Wharton; Texas Mental Health
Consumers, Austin; Texas Pharmaceutical Association, Austin;
Texas State Board of Pharmacy, Austin; and Tri-County MHMR Services,
Conroe. The majority of commenters focused on outlining the role
of the clinical pharmacologist in the monitoring of prescribing
of medications. Commenters were generally supportive of the new
sections.

The department acknowledges the contributions of the clinical
pharmacologist in consultations with physicians and in the monitoring
of patients. However, the primary responsibility for the care
of the patient rests with the physician, and the department's
involvement in RAJ v. Jones
precludes delegating most responsibilities
related to prescribing medication.

Commenting on the proposal as a whole, a respondent called
for the creation of an informed consent for medication. The commenter
asserted that no individual should be forced to be medicated
unless an emergency exists which is life-threatening to the patient
or others, and the medication is discontinued when the emergency
is concluded unless the patient has given consent for medication.
The commenter further asserted that forced medication violates
the spirit of the RAJ v. Jones
mandate that TDMHMR provide
a treatment plan in collaboration
with the individual patient.
The commenter qualified this
statement by noting that
almost every patient is
prescribed medication with no
realistic options or alternatives
offered. The department responds
that issues of consent
are dealt with in Chapter
405, Subchapter FF of
this title, relating to
consent to treatment with
psychoactive medication.

A commenter asked if the rules would apply to her facility,
citing the fact that it does not receive funds from TDMHMR. The
department responds that the rules do not apply to that facility.

In less global commentary, a respondent suggested referencing
the 1991 mental health standards in sec.405.1(c). The department
agrees, and the language has been revised to reflect this.

Several commenters called for the inclusion of a definition
for the clinical pharmacologist in sec.405.3. The commenters
suggested that differentiated roles in patient care functions
exist between baccalaureate and doctoral level pharmacists. The
commenters noted that the Board of Pharmaceutical Specialties
recognizes pharmacotherapy as a specialty. The department acknowledges
the contribution of the clinical pharmacologist to the provision
of patient care. However, the term "clinical pharmacologist"
is not used within the rule and therefore, does not require definition.

The same commenters endorsed amending the definition of "hypnotic"
to read "Medication prescribed solely to induce sleep," thus
eliminating the phrase "usually marketed and." The commenters
noted that other categories of medications which are primarily
marketed for other indications are used as hypnotics. The definition
has been amended to reflect the commenters' concerns.

Several commenters supported the inclusion of a definition
for the term "medication order," noting that the lack of such
an inclusion could preclude an authorized agent from being permitted
to phone in orders on behalf of the prescriber. The commenters
suggested use of the terminology found in the Texas Pharmacy
Act, sec.5, which defines "medication order" as a written order
from a practitioner or a verbal order from a practitioner or
his authorized agent for administration of a drug or device.
The definition of "prescription" has been revised to address
the commenters' concerns.

With regard to the term "prescription," the same commenters
recommended replacement with the term and corresponding definition
for "prescription drug order." The commenters noted that the
term "prescription" is defined as a "written order signed...,"
which the commenters believed could preclude an authorized agent
from being permitted to phone in orders on behalf of the prescriber.
The definition of "prescription" has been revised to address
the commenters' concern.

Several respondents called for amendment of sec.405.5(b)
regarding clinical records system to read "The physician shall,
at the earliest opportunity, enter in the patient record information
to support the diagnosis or provisional diagnosis. The physician
or qualified designee shall describe the symptoms...." The commenters
explained that the clinical pharmacologist is trained to evaluate
patients' behaviors and assess their relevance as target symptoms
for prescribed drug therapy; the recommended change would allow
the clinical pharmacologist, as a qualified designee, to describe
the symptoms. The department responds that the purpose of the
provision is to ensure that the patient has been evaluated by
a physician.

Also with regard to sec.405.5(b), a commenter noted that
while the provision specifies a maximum 24-hour delay between
initiation of medication and required documentation, it only
refers to inpatients. The commenter suggested a maximum 72-hour
delay for outpatients. The department responds that the provisions
of the rule do not preclude such action.

A commenter recommended that a specific time frame be provided
in sec.405.6(1) where the provision currently states "as soon
as possible." The department responds that "as soon as possible"
is the best time frame available for the guideline.

A number of commenters supported rewording sec.405.6(4)
to allow the physician or clinical pharmacologist to request
the determination of the concentrations of medications. The commenters
justified the recommendation by noting that the activity is part
of the clinical pharmacologist's position description with TDMHMR.
The language has been generalized to allow for local discretion.

With regard to sec.405.7(2), regarding the nonpsychiatric
use of psychotropic medications, the same commenters recommended
rewording to read the "physician or other qualified consultant...must
note in the...." The commenters noted that regulations for accreditation
of MR/DD facilities (ACDD) specify that psychotropic medication
utilization evaluation may be performed by a psychiatrist or
qualified psychopharmacologist (equivalent to clinical pharmacologist);
the commenters also noted that consultation by a clinical pharmacologist
meets this criterion for ACDD. The department responds that the
intent of the provision is that the person prescribing the medication
be accountable for its use.

Concerning sec.405.7(3)(C), several commenters suggested
allowing a qualified consultant to document the use of polypharmacy.
The department responds that the intent of the provision is not
only to ensure documentation, but to ensure that the patient
has been evaluated by a physician.

Several respondents suggested replacing the term "accepted"
with "initiated" in sec.405.7(5)(A). The respondents suggested
this was a more appropriate term since the physician or dentist
originates the telephone order. The department responds that
the intent of the provision is to ensure that orders are accepted
from only those persons authorized to initiate orders.

A number of commenters recommended that the phrase "...or
that individual's authorized physician/dentist designee..." be
replaced with the phrase "...or that individual's authorized
agent" in sec.405.7(5)(D). The commenters explained that "authorized
agent" is the official designation as established by the Texas
Pharmacy Act, Section 5. The department responds that its intent
is that this responsibility not be delegated to an individual
not authorized to prescribe.

The same commenters called for inclusion of "hypnotic" drugs
in addition to antipsychotic and anxiolytic drugs in sec.405.7(7)(A),
regarding PRN orders. The commenters suggested good medical practice
limits the use of PRN hypnotics to a short term basis, and suggested
that failure to include hypnotics would mean a PRN hypnotic would
be in effect for a longer period of time, as outlined in sec.405.7(7)(B).
The department responds that the class of drugs is more aptly
suited for a longer validation.

With regard to sec.405.7(7)(B), the commenters called for
decreasing the validity of PRN orders from 31 days to 14 days.
The commenters suggested that having PRN orders valid for 31
days increased the risk that a patient who should not receive
the PRN would have a PRN administered. The department responds
that decreasing the time period to 14 days is not necessary and
would be unduly limiting and cumbersome.

A commenter called for a clarification of sec.405.7(7)(D),
suggesting that the intent of the provision was unclear. The
commenter was uncertain whether the provision applied only to
inpatient settings or was meant to apply to all outpatients,
including those who also receive residential services. The department
responds that the specific provision is not intended to apply
to outpatients, and the language has been revised to reflect
this.

Concerning sec.405.8(c)(2)(A), several commenters endorsed
the addition of two roles designated for pharmacist review. The
commenters recommended adding (iv) appropriate clinical use indication
and (v) positive pregnancy results received from the clinical
laboratory and notify the prescriber prior to the dispensing
of any medication. The department responds that the information
necessary to make these additional assessments is not generally
available in the pharmacy.

A commenter expressed concern over use of the term "should
be dispensed" in sec.405.8(c)(2)(D)(i) and (iii), noting that
it could be interpreted to require pharmacists to dispense medication
even though professional judgment suggested otherwise. Several
other commenters called for deletion of sec.405.8(c)(2)(D)(iii)
, noting that the pharmacist is liable for all medication dispensed.
The commenters explained that according to pharmacist practice
standards, medication should not be dispensed by a pharmacist
who believes a problem may exist with the medication order. Another
commenter appealed to the pharmacist's ethical duty to refuse
to dispense medication which the pharmacist felt would place
the patient at significant risk. Another commenter expressed
concern that the emergency provision could be abused to circumvent
input and counsel of the pharmacist in making the final decision.
The department responds to the concerns by deleting sec.405.8(c)(2)(D).

A commenter addressed HCFA regulations concerning the use
of psychotropic drugs in relation to sec.405.9. While the regulations
do not apply directly to state hospitals, the commenter asserted
that they established a standard of practice, and the commenter
suggested including a requirement for monthly medication regimen
reviews by pharmacists as outlined in the HCFA regulations. The
suggestion is worthy. However, there are significant fiscal implications
if such a standard were enacted systemwide. Nothing in the rule
would preclude such a review being conducted at local discretion.

Revision of sec.405.9(a) was recommended by several commenters,
who remarked that as written, it did not reflect the clinical
capabilities and credentials of the clinical pharmacologist.
The department responds that policy mandates performance of initial
inpatient monitoring by a physician.

The same commenters also called for revision of sec.405.9(d)
to reflect the clinical pharmacologist's ability to facilitate
the physician's role in treating the poorly responsive patient.
The department responds that the rule does not preclude consultation;
however, department policy mandates reassessment be performed
by a medical doctor.

The commenters made the same recommendation for sec.405.11(5),
suggesting it be revised to reflect the clinical pharmacologist's
ability to assist the physician in the performance of documentation
activities. The department responds that the intent of the provision
is that the person prescribing the medication be accountable
for its use.

With regard to sec.405.12, a commenter noted that the community-based
service (CBS) would appear to be required to pay for care by
another physician for a pregnant or nursing patient who was unable
or unwilling to pay for care for herself or her nursing infant.
The commenter recommended clarification of whether or not the
CBS is indeed responsible for this cost, and noted that such
responsibility would create added costs for some facilities.
The department responds that the contracting CBS is responsible
for the costs associated with the provision of care for patients.
The issue of responsibility for costs, however, is outside the
scope of the rule.

Concerning sec.405.12(a)(1), several commenters observed
that a consultative opinion regarding the appropriateness of
drug therapy in pregnancy is essential, and suggested that a
qualified consultant, which could include the clinical pharmacologist,
be permitted to provide that input. The department responds that
for the purpose of managing a pregnant patient, the expertise
of an obstetrician, pediatrician, or the physician responsible
for the patient's care is necessary.

The same commenters asked that a qualified consultant be permitted
to provide written documentation for the rationale of using large
doses of psychotropic medications in children/adolescents in
sec.405.12(b). The department responds that the purpose of
the provision is to ensure that a psychiatrist has seen the patient,
not to ensure documentation of rationale.

A commenter suggested that the provisions of sec.405.12(d)
seemed to be in direct conflict with Standard H.8.54 of the mental
retardation standards. The commenter questioned under which rule
or standard facilities would be evaluated when psychoactive drugs
are prescribed for persons with mental retardation. The department
responds that the rule and standards would never apply to the
same service setting.

The commenter also noted that not all patients reside with
paid staff, and recommended that provisions be included in 
s405.16 for administration or supervision of self-administration
by guardians or other person(s) judged to be responsible and
capable of doing it correctly. And the commenter suggested that
patients assessed as unable to self administer correctly and
who either have no acceptable person available to volunteer to
supervise them or who refuse such supervision be required to
be referred to a program where the needed level of supervision
can be provided. The commenter suggested that should the patient
refuse to participate in such a program, the CBS have the option
to either commit the patient to the program involuntarily or
discontinue medication until such time as it was determined that
the patient is capable of taking it or having it administered
as prescribed. The department responds that this section is silent
on supervision/administration by family or guardians. They are
certainly allowed by law to participate in care of the patient,
and we do not limit that in this section. The "other persons
judged to be responsible" is too vague and shouldn't be addressed
here. The provisions the commenter suggests for referral and
which would allow the CBS to commit patients to the program voluntarily
are beyond the scope of the rule.

With regard to sec.405.16, a commenter suggested the provision
calling for assessment was a violation of the dignity of the
patient; suggested the provision for supervision of administration
of outpatients was a violation of the patient's privacy; and
recommended provisions for non-compliance. The department responds
that this provision is intended to serve as a measure of prudence
and protection for the client and does not violate privacy or
otherwise reflect negatively on the patient's dignity.

Also with regard to sec.405.16, a commenter called for clarification
of the statutory authority of registered nurses. The commenter
suggested delegating medication administration in a community-based
service might be a violation of the Nursing Practice Act. The
department responds that the provision of the rule relates to
delegating medication administration at long-term care facilities.
Delegation of medication administration by RNs to unlicensed
persons is not permitted at CBSs.

A commenter called for removal of the term "professional"
from the phrase "a registered professional nurse" in sec.405.16(c),
noting that there is no such thing as a non-professional nurse.
The word "professional" has been deleted.

A commenter suggested that the requirements outlined in 
s405.16(a) will increase costs for the agency because hours
budgeted for physicians or RNs would have to be increased. The
commenter suggested that it would be reasonable to permit completion
of the assessment by an LVN, providing it were done with an instrument
approved by an RN or MD. The commenter observed that most LVNs
are capable of and trained for such responsibility. The department
responds that the requirement is a part of providing high-quality
care.

The new sections are adopted under Texas Civil Statutes, Article
5547-202, which provide the Texas Board of Mental Health and
Mental Retardation with rulemaking powers.



sec.405.1. Purpose.


(a) The purpose of this subchapter is to establish policy
for select aspects of appropriate prescribing, utilization, and
monitoring of certain medications by physicians and service settings
of the Texas Department of Mental Health and Mental Retardation
(TDMHMR). This subchapter is not intended to be a complete guide,
nor should it be the physician's only source of standards for
prescribing. Rather, it is designed to address some potential
problems encountered in medical practice in TDMHMR facilities
and community-based services.


(b) Nothing in this subchapter should be construed as
expanding the scope of the current (1989) RAJ settlement decree
or the scope of lawsuit-related monitoring or auditing of service
sites or procedures.


(c) This subchapter supercedes the TDMHMR Mental Health
Community Standards (1989), Chapter 14, Standards 14.1-14.50
and 14.58-14.61 until September 1991. Standards 14.51-14.57 are
not superceded and must be met by community mental health and
mental retardation centers until September 1991. After September
1991, this subchapter shall be adopted as part of new TDMHMR
Mental Health Community Service Standards.


(d) This provisions of this subchapter shall apply in
conjunction with Texas laws and federal regulations governing
storage and record keeping with regard to controlled substances,
including, but not limited to, those stated in Texas Civil Statutes,
Article 4476-5 (Texas Controlled Substances Act), federal Drug
Enforcement Agency (DEA) regulations, Medical Practice Act, Nurse
Practice Act, and Pharmacy Practice Act.



sec.405.3. Definitions.
The following words and
terms, when used in this
subchapter, shall have the
following meanings, unless the
context clearly indicates otherwise.


   Administration of
medication-The direct application
of a medication to the
body of a patient, by
any means, including handing
a patient a single dose
of medication to be taken
orally.


   Antipsychotic medication
-Medication commonly prescribed for
control of psychotic symptoms
and certain illnesses described
as "psychotic. " For
purposes of this subchapter,
the term includes (but
may not be limited to)
phenothiazines, butyrophenones, thioxanthenes,
dibenzoxazepines, and molindone-related
compounds. Also referred to
as "neuroleptic medication."


   Anxiolytic medication
-A medication, sometimes referred
to as a "minor tranquilizer,"
which alleviates symptoms or
signs of anxiety. For
purposes of this subchapter,
"anxiolytic" includes medications
usually prescribed for other
purposes when they are
prescribed solely for anxiety.


   Chief physician
-The clinical director of
a state hospital or state
center or the medical
director of a community
center. Except as noted
elsewhere in this subchapter,
or in situations in which
he/she declines to accept
the consultation, the chief
physician is, by definition,
qualified to render the
consultations or second opinions
required by this subchapter.


   Chief physician
designee-A physician credentialed
and, if applicable, privileged,
by the facility or community-based
the chief physician to
act in the capacity of
chief physician as needed.
When designated to review
patient care, such reviewing
physician will be other
than the prescribing physician.


   Commissioner-The
commissioner of the Texas
Department of Mental Health
and Mental Retardation (TDMHMR).


   Community-based service
-(CBS) Service provided in
or near a patient's community,
under the jurisdiction of
the Texas Department of
Mental Health and Mental
Retardation (e.g., facility community-based
service) or service provided
by a community mental
health or mental retardation
center established pursuant to
Texas Civil Statutes, Article
5547-203; by their contract
providers; or by providers
employed by or contracting
directly with the department.
Also, a center providing
such services.


   Community mental
health and mental retardation
center or community center
-A CBS provider established
pursuant to Texas Civil
Statutes, Article 5547-203.


   Crisis stabilization
unit (CSU)-A program licensed
by TDMHMR in accordance
with Chapter 401, Subchapter
K of this title (concerning
Licensure of Crisis Stabilization
Units) to provide 24-hour
residential services which are
usually ,short-term in nature
to persons who are demonstrating
psychiatric crises.


   Department-The Texas
Department of Mental Health
and Mental Retardation (TDMHMR).


   Direct care
staff-Employed or contracted
staff persons who may
be involved in patient
care related to medications,
but who are not licensed
or registered physicians, physician
assistants, nurses, pharmacists,
or mental health professionals.
Dispensing of medication Preparing,
packaging, compounding, or labeling
a medication for delivery
in the course of professional
practice to an ultimate
user or the user's agent
by or pursuant to the
lawful order of a physician,
dentist, or podiatrist.


   Emergency-A situation
in which, in the opinion
of the treating physician,
or other appropriate professional,
the immediate use of
medication is essential to
interrupt imminent physical danger
to self or others.


   Facility-Any state
hospital, state center, or
other part of TDMHMR
that delivers medical and
mental health services.


   Hypnotic or
hypnotic medication-Medication prescribed
solely to induce sleep.


   Inpatient-A person
who is currently admitted
to a hospital, crisis
stabilization unit, or intermediate
care facility (a facility
offering moderate supervision and
moderately structured activities.
typically offering 24 hour
supervision with the need
for awake staff at night
determined according to specific
program type and the
needs of the resident).
Does not include persons
receiving day treatment or
residential/housing services provided,
directly or contractually, by
community MHMR center or
facility community-based programs.


   Licensed vocational
nurse-A person with a
current license issued by
the Texas State Board
of Vocational Nurse Examiners
to practice vocational nursing.


   Maintenance dose
-A scheduled amount of medication
designed to maintain remission
of an illness or alleviation
its symptoms, as contrasted
to acute treatment. Often,
but not always, the lowest
effective dose for this
purpose.


   Medical staff-The
physicians, and in some
cases other clinical professionals,
credentialed to practice in
a facility or community-based
service. In a hospital,
the medical staff is
a formal organization responsible
for, among other things,
medical quality assurance.


   Medical standards
-Information generally accepted by
physicians as valid and
reliable for clinical use,
as expressed:


(A) in professionally accepted current medical texts,
journals, or other literature; and/or


(B) by professionally recognized authorities or training
programs. Mental status examination An organized assessment of
a patient's present orientation, appearance, behavior, affect,
mood, communication, thought process, thought content, memory,
judgment, and cognition, insofar as they can be elicited or accurately
inferred.


   Outpatient-A person
receiving medical (including psychiatric)
or psychological services who
is not an inpatient,
including one who resides
in a group home or
transitional living program.


   Patient-Any person
receiving medical, psychological
or other clinical services
from a facility or CBS.


   Patient record
-The facility, CBS, or provider's
official written record of
patient care (medical record,
chart).


   Pharmacist-A person
with a current license
issued by the Texas State
Pharmacy Board to practice
pharmacy.


   Physician or
licensed physician-A doctor
of medicine or osteopathy
who holds a current license
issued by the Texas State
Board of Medical Examiners
to practice medicine, or
who possesses an institutional
practice permit issued by
the Texas State Board
of Medical Examiners. A
licensed dentist or podiatric
physician, when acting within
the scope of professional
training and licensure, is
authorized to prescribe, dispense,
and administer medications appropriate
to the specialty, and
is included in this definition.


   Physician assistant
-A person who is a
graduate of a physician
assistant training program accredited
by the Committee on Allied
Health Education and Accreditation
of the American Medical
Association Council on Medical
Education, or who has
passed the certifying examination
given by the National
Commission on the Certification
of Physician's Assistants. When
performing the clinical duties
of a physician assistant,
such individuals are assumed
to be acting under a
supervising physician (as defined
in this section).


   Polypharmacy-Simultaneous
use of more than one
medication having very similar
or identical mechanisms of
action, except as otherwise
provided in this subchapter.


   Prescription-A lawful
written order signed by
a licensed physician, dentist,
or podiatrist, or a lawful
telephone/verbal order from a
licensed physician, dentist, or
podiatrist, or the authorized
agent of a licensed physician,
dentist, or podiatrist to
dispense or administer medication
to a patient.


   Presciption medication
-A substance for which federal
or state law requires
a prescription before it
may be legally dispensed
to the public.


   PRN-As needed.


   Psychiatrist-A doctor
of medicine or osteopathy
who has completed an
approved residency in the
medical specialty of psychiatry.


   Psychotropic medication
-Medication whose primary intended
therapeutic effect is psychiatric.


   Registered nurse
-A person with a current
license issued by the
Texas State Board of
Nurse Examiners to practice
professional nursing.


   Supervising physician
-The licensed physician and
doctor of medicine or
osteopathy who, as a
result of application to
and approval of the Texas
State Board of Medical
Examiners, assumes responsibility
and legal liability for
the services rendered by
a specific physician assistant.


   TDMHMR Executive
Formulary Committee-A committee
which is responsible for
creation and revision of
the TDMHMR Formulary and
other duties.


   TDMHMR Formulary
-A continually revised printed
listing by nonproprietary name
of all drugs approved
for use within TDMHMR
facilities by the Executive
Formulary Committee.



sec.405.6. Patient Evaluation
and Review in Inpatient
and Crisis Stabilization Unit
(CSU) Settings. When the
requirements of this section
are met by information
acquired by or from another
institution or individual (e.
g., laboratory results or
clinical summaries from another
hospital), the admitting or
attending physician will document
the clinical acceptability of
that information in the
patient record.


(1) History and physical assessment. Except in an emergency,
a physician or advanced nurse practitioner, physician's assistant
(P.A.), or medical student under a physician's supervision shall
conduct a medical history and physical assessment prior to initiating
medication. That assessment will include obtaining of history
and performance of such physical examination sufficient for safe
prescription of the medication contemplated, and will be documented
in the patient record. If antipsychotic medication is contemplated,
the assessment will include screening for abnormal involuntary
movements using a standardized procedure (e.g., AIMS), by an
appropriately trained physician, P.A., registered nurse, or pharmacist.
In an emergency, such history and assessment will be completed
and documented as soon as possible.


(2) Mental status examination.


(A) Except in an emergency, the physician will conduct
a thorough mental status examination prior to initiating psychotropic
medication or any medication (other than hypnotics) reasonably
expected to affect significantly the patient mental status. In
an emergency, the mental status exam will be done as soon as
possible.


(B)  At least every six months, patients receiving psychotropic
medication will have a thorough mental status examination by
a qualified physician, the results and interpretation of which
will become a permanent part of the patient record.


(3) Diagnostic, screening, and monitoring procedures.


(A)  Except in an emergency, the physician shall ensure
and document in the patient record that careful consideration
has been given to the need for laboratory screening or other
procedures to gather relevant clinical information prior to initiation
of medication. Attention will be given to the determination of
biological functioning or baseline data with regard to at least
the following:


(i) blood and blood
components;


(ii) relevant metabolic systems
(e.g., hepatic, renal, endocrine);
and


(iii) body systems relevant
to medication toxicity or
adverse effect (e.g., hematologic,
reproductive).


(B) The prescribing physician will be aware of special
physical, laboratory, consultative, or other evaluative or surveillance
needs associated with particular medications and patient conditions,
and will carry them out according to this subchapter and other
accepted medical standards.


(C) When medication is prescribed in an emergency, the
requirements noted in subparagraphs (A) and (B) of this paragraph
must be performed as soon as possible following initiation of
medication.


(D) After medication is initiated, laboratory and other
evaluations shall be carried out as appropriate to meet medical
standards. Such standards may vary for individual patients and
medications or combinations of medications, but in no case shall
more than 12 months elapse without reexamination of the relevant
hematologic, metabolic, and toxicity-sensitive systems outlined
in subparagraph (A) of this paragraph.


(E) Laboratory and other test results are maintained
in the patient record in the manner required by facility or community-based
service (CBS) policy and procedure. All laboratory reports are
reviewed, initialed, and dated by the physician, and significant
abnormal results are commented upon in the progress notes.


(F) The chief physician (or, in service settings with
a medical staff organization, the medical staff) will, as part
of routine quality assurance activities periodically review physician
and facility or CBS compliance with the procedures outlined in
subparagraphs (A)-(D) of this paragraph, and will, as necessary,
establish general and/or specific intervals and procedures for
laboratory and other screening of patients taking medication.


(4) Medication concentrations in fluids and tissues.
Concentrations of medication in body fluids or tissues shall
be determined when possible and clinically indicated. Such determinations
may be indicated, provided appropriately valid and reliable laboratory
measures are available, in cases of:


(A) suspected lack of compliance by the patient with
prescribed treatment;


(B) suspected toxicity, adverse effects, or unexpected
side effects;


(C) need for monitoring or correlating fluid or tissue
concentrations of medication with change in symptoms or other
clinical findings;


(D) use of or need for unusual amounts of medication;


(E) lack of expected target symptom improvement after
appropriate dosage and duration of treatment; or


(F) use of medication (e.g., lithium carbonate, carbamazepine)
for which periodic sampling is a routine part of treatment.



sec.405.7. General Guidelines
for Prescribing in All
Service Settings.  Although
this and other sections
of this subchapter may
refer to explanations, rationale,
or consultation with or
approval by other persons
regarding exceptions to routine
prescribing, no condoning of
medical practice outside accepted
medical standards is implied
or should be inferred.


(1)  Dose and route of administration. Doses shall be
at or below the maximum doses indicated in the TDMHMR Formulary
or in accepted medical texts. Higher doses or unusual routes
of administration may be used only with documentation in the
patient record of consultation with, and agreement by, the chief
physician, chief physician designee, or other qualified consultant.
The rationale for the higher dose or unusual route of administration
must be clearly documented in the patient record.


(2) Nonpsychiatric use of psychotropic medications. When
a psychotropic medication is prescribed for a nonpsychiatric
symptom, sign, or condition, standards of practice recommended
by accepted medical texts, journals, and/or authorities, the
pharmaceutical manufacturer, and/or relevant government agencies
(e.g., the Food and Drug Administration), may justify its use.
The physician must note in the patient record the condition for
which the medication is being prescribed.


(3) Polypharmacy. Simultaneous use, in one patient, of
two or more medications with very similar or identical mechanisms
of action shall not be used as a mechanism to avoid single drug
dosage recommendations. Polypharmacy is acceptable only in the
following situations:


(A) when overlapping medications as part of a change
from one medication to another;


(B) when PRN medication similar to the current one, but
requiring a different route of administration or effect, is needed
(reference paragraph (7) of this subsection); or


(C) when supported in the patient record by sound clinical
rationale or by a written report of consultation from a qualified
physician. Such consultation will include assessments of the
patient and review of the patient record.


(4)  External standards. If a service setting must meet
an external standard regarding psychotropic medications which
is more stringent than those in this subchapter, then the more
stringent standard shall prevail.


(5)  Telephone orders for medication.


(A) Telephone orders are accepted only from licensed
physicians or dentists or their authorized agents.


(B)  Telephone orders are received and entered in the
patient record only by licensed nurses.


(C) Entry of a telephone order will include the date,
the time the order was received, and the signature and title
of the person who accepts and records the order.


(D) The ordering physician/dentist, or that individual's
authorized physician/dentist designee, will authenticate the
order, within a reasonable period, with a dated, timed signature.


(6)  Patient consent, information, and education.


(A) Except in an emergency, prior to initiation of medication,
the person being treated, the parent if the person is a minor,
or another individual legally authorized to consent on the person's
behalf, if any, shall be informed of the potential benefits and
risks of the prescribed medication, and that informing is documented
in the patient record.


(B) The facility or CBS provides individual and/or group
education to patients and, when appropriate, their families,
regarding medications prescribed by its clinicians or consultants.
Medication education, at least to the extent of discussion of
dosage, expected benefit, and potential side- or adverse effects,
is provided each time a new medication is prescribed or any time
the medication regimen is altered in a way which would result
in a significant change in the risks or benefits for the patient,
and is documented in the patient record. This requirement does
not apply in cases of substitution of an identical or nearly
identical medication (e. g., a generic substitution), in cases
of substituting medications of similar chemical group (e.g.,
another tricyclic or another phenothiazine), or in cases of routine
adjustment of medication not part of acute care.


(C) Consent for medication will be obtained according
to the guidelines in Chapter 405, Subchapter FF of this title
(relating to Consent to Treatment with Psychoactive Medication).


(7) Pro Re Nata (PRN) orders.


(A) Except in outpatient settings, PRN orders for antipsychotic
and anxiolytic medications are valid for a maximum of 96 hours.


(B) Except in outpatient settings, All PRN orders for
medications other than antipsychotic and anxiolytic drugs are
valid for a maximum of 31 days.


(C) All PRN orders must contain:


(i) the target symptoms
or signs which trigger
their use;


(ii)  the dose to
be used;


(iii) the minimum interval
allowed between doses; and


(iv) the maximum dose
in a single 24-hour period.



sec.405.8. General Guidelines
for All Service Settings:
Records and Monitoring of
Prescribing and Administration
Procedures.


(a) In all programs in which medications are administered
or in which self-administration is supervised, a copy of the
physician or dentist's orders for all current medications will
be kept in the patient record. In residential programs, a copy
will also be kept at the residential site.


(b) All patients receiving facility- or community-based
service (CBS)-prescribed medications will have the following
documented in the patient record:


(1) known medication allergies;


(2) name(s) of all medications currently prescribed;


(3) dose(s) and dosage schedule(s);


(4) route of administration;


(5) if an outpatient, amount dispensed or authorized;


(6)  signature of prescribing physician or dentist;


(7) if dispensed or administered by facility or CBS personnel,
a record of dispensing and/or administration and identifying
initials or signature of administering person; and


(8) if administered parenterally, the site of injection.


(c)  The department will rely on the judgment of the
following persons to monitor the prescribing of medication.


(1) Attending physician. The attending physician, and,
in the case of inpatients, the admitting physician before an
attending physician accepts care of the patient, shall be the
primary person responsible for adhering to the requirements of
this subchapter, and to other applicable standards, in treating
patients.


(2) Chief pharmacist. In a facility or CBS which operates
a pharmacy, or which uses a TDMHMR-operated pharmacy, the chief
pharmacist shall be responsible for ensuring that all pharmacists
adhere to the following monitoring procedures.


(A) Prior to dispensing or distributing medication, the
pharmacist shall review the prescription for:


(i) dosage within accepted
range as indicated in
the TDMHMR Formulary;


(ii) known medication interactions;
and


(iii) polypharmacy.


(B) If a discrepancy appears to exist, the pharmacist
should contact the attending physician (or physician covering
the patient if the attending physician is not available) for
resolution of the discrepancy. If the issue is resolved, the
resolution will be documented in the patient record by a physician,
pharmacist, or by a registered nurse with the cosignature of
a physician.


(C) If the contact does not resolve the apparent discrepancy,
or if the attending physician or covering physician is not available,
the pharmacist will contact the chief physician or the chief
physician designee for resolution of the issue. The decision
of the chief physician or designee will be entered in the patient
record by a physician, pharmacist, or registered nurse, will
be identified as coming directly orally or in writing from the
chief physician or designee, and will be cosigned by that person.


(3) Other persons. A registered nurse, pharmacist, physician
assistant, or physician who feels that a prescription may represent
an unjustified hazard to a patient may, in addition to other
measures which may be taken, contact the chief physician or chief
physician designee. If this occurs, the fact that such contact
was made, and the results of the contact, will be documented
in the patient record.



sec.405.9. General Guidelines
for All Service Settings:
Ongoing Evaluation of Patients
Taking Prescription Medications
(see also sec.405.14 of
this title (relating to
Required Assessments for Patients
Receiving Medication in Community-based
services (CBS)).


(a) Initial inpatient monitoring. When a new prescription
medication is initiated for an inpatient, or a dose is significantly
changed, the patient's response and clinical condition shall
be directly evaluated and documented in the record by a physician
as often as medically necessary, for the period of time needed
to stabilize the clinical response, but at least weekly for one
month, unless the patient is discharged in the interim. This
requirement does not apply in cases of substitution of an identical
or nearly identical medication (e.g., a generic substitution)
or in cases of routine adjustment of medication not part of acute
psychiatric care.


(b) Inpatient monthly review. The physician shall review
an inpatient's medication at least monthly. The review will include
at least a patient interview, an assessment of patient response
and effect on target symptoms, side effects and adverse effects,
and an opinion about need for continuing medication and dose.


(c) Inpatient quarterly review. Every third monthly inpatient
review will include specific attention to potential long-term
adverse effects of the medication. For patients taking antipsychotic
medications, this will include documentation of a standardized
assessment of abnormal involuntary movement (e.g. , AIMS) conducted
by an appropriately trained physician, physician's assistant,
registered nurse, or pharmacist. Documentation will include whether
or not the medication was discontinued prior to testing. All
positive findings will be verified by a qualified physician,
and the verification documented in the patient record.


(d) Inpatients or outpatients inadequately responsive
to medication. Patients inadequately responsive to medication
prescribed in appropriate dose and duration shall be reassessed
by the treating physician in an effort to determine the reasons
for the lack of response and alternative modes of treatment,
and the reassessment documented in the patient record. If, following
such reassessment, it is determined that the patient is not receiving
benefits from a medication outweighing potential hazards, the
medication will be discontinued, or an alternative medication
substituted.



sec.405.12. Additional Considerations
in All Service Settings:
Special Populations.


(a) Pregnant or nursing patients. When, based upon consideration
of potential benefits and risks, psychotropic medication is required
during pregnancy or nursing the following will occur:


(1)  Except in emergency, consultation will be obtained
from an obstetrics consultant or the physician currently managing
the pregnancy (in the case of pregnant patients) or from a pediatrician
or the physician currently managing the infant (in the case of
nursing patients), prior to prescribing.


(2)  The acute need for treatment and careful consideration
of non-medication treatment modalities will be documented.


(3) Every effort will be made to use the effective medication
with fewest potential side- and adverse effects for the patient,
fetus, and/or nursing infant, in the lowest effective dose.


(4) Except in an emergency, a risk/benefit discussion
will occur between the physician, the patient, and the patient's
legally authorized representative, if any.


(5) A summary of current treatment, including diagnosis
and medications, will be communicated to the physician or clinic
(if any) providing prenatal or postnatal care.


(6) The actions taken in paragraphs (1)-(5) of this subsection
will be documented in the patient record.


(b)  Children/adolescents. In cases in which large doses
of psychotropic medications not usually recommended for pediatric
use are warranted, justification and consultation with a psychiatrist,
preferably a child psychiatrist, must be documented in the patient
record.


(c) Patients with alcohol and/or drug dependency.


(1) Coexisting psychiatric diagnoses should be carefully
established before prescribing.


(2)  Medications with significant addictive potential
should be used only with caution after acute withdrawal.


(d) Mentally retarded patients.


(1) Patients should be treated with psychotropic medication,
and particularly antipsychotic medication, only for a disorder
or syndrome for which the medication is appropriately utilized.
It should not be prescribed solely for behavioral problems or
behavior control. The necessity for the use of psychotropic medication
in a patient with mental retardation must be substantiated by:


(A) documentation of psychiatric diagnosis or symptoms,
including organic psychiatric disorders; or


(B) a clearly defined need for a psychotropic adjunct
to other medication or behavior management procedures; or


(C) a medical condition for which the medication is an
accepted treatment.


(2) Except for emergency situations, psychotropic medications
are prescribed for the mentally retarded only after behavioral
and clinical baselines have been established.


(3)  Except in an emergency, the treatment team should
be apprised of the potential risks and benefits of the medication
being considered, and participate in the overall treatment program.


(e) Elderly patients. As a general rule, older patients
need lesser doses of lithium, neuroleptics, and antidepressants.
Extra caution in prescribing sedatives and benzodiazipines should
be taken. Many elderly patients have additional medical problems
such as hypertension and dehydration, and the potential for drug
interactions is increased because of the medication for these
concurrent conditions.



sec.405.14. Required Assessments
for Patients Receiving Medication
in Community-based Services (CBS).


(a) Basis for assessments and related medical and psychiatric
procedures. CBS medical and psychiatric procedures are the responsibility
of the CBS physician, through the chief physician. The CBS maintains
written acceptable policies and procedures which address physician
responsibilities, meet the other standards of this subchapter,
and include policies and procedures addressing the following:


(1) medical assessment of physical and/or mental symptoms
and signs, including physical examination and prescribing of
all medical procedures, consultations, and/or laboratory tests;


(2) admission to and discharge from CBS-operated or contracted
hospitals and crisis stabilization units (CSUs);


(3)  prescribing, monitoring, and discontinuing all medications
and other somatic therapies; and


(4) the approval by the chief physician of all policies
and procedures related to medical/psychiatric services and somatic
therapies.


(b) Pre-treatment workup. Excluding emergencies, and
unless documentation exists that they have been adequately performed
within the past 12 months or other factors obviate their clinical
usefulness, the following will be accomplished, the results considered
by the physician, and documented in the patient record prior
to initial prescribing:


(1) medical history, including medication history, current
prescription and non-prescription medications, and known allergies.
The medical history is reviewed and updated at least annually
or more frequently as warranted;


(2) psychiatric history and thorough mental status examination
(reference sec.405.6 (1) and (2) of this title, (relating to
Patient Evaluation and Review in Inpatient and CSU Settings))
if prescribing psychotropic medications;


(3) assessment of physical condition to include, at least,
the systems relevant to the target symptoms, medication(s) to
be prescribed, and potential medication toxicity or side- and
adverse effects;.


(4) other procedures, including laboratory studies, as
clinically indicated or relevant to systems mentioned in paragraph
(3) of this subsection. If delay of medication is contraindicated
or delay of procedure results is acceptable for baseline needs,
these procedures may be obtained or recorded after initiation
of medication;


(5) diagnosis(es) or provisional diagnosis(es), with
supporting signs and symptoms;


(6) identification of target symptoms for which medication
is prescribed.


(c) Outpatient medication reviews. CBS physician review
of patients receiving CBS-prescribed medications includes chart
review and scheduled in-person assessment as clinically prudent
and necessary, with chart review by a physician at least every
three months. In no event shall more than six months pass without
an in-person assessment by a physician. This interval should
be shorter for patients particularly susceptible to serious adverse
effects (e.g., tardive dyskinesia). If a patient fails to keep
a follow-up appointment, a judgement may be made by the physician
(and documented in the patient record) that medication benefit
outweighs the potential risk of prescribing without in-person
review, and the medication continued for up to 60 days. Medication
reviews are documented in the patient record and include, but
may not be limited to;


(1) physical and/or mental symptoms and signs;


(2) mental status examination;


(3) medication's effect on target symptoms;


(4) rationale for any change in medication; and


(5) medication side effects and adverse effects.


(d)  Dyskinesias and related syndromes. In patients known
to be taking antipsychotic medications, a standardized assessment
for abnormal involuntary movements (e.g., AIMS), conducted by
an appropriately trained physician, physician's assisant, registered
nurse, or pharmacist, will be completed and the result documented
at least every six months. The documentation will indicate whether
the patient was assessed without discontinuing the antipsychotic
medication.


(1) All findings will be verified by a qualified physician,
and the verification documented in the patient record within
30 days.


(2)  If dyskinesia is diagnosed, procedures specified
in sec.405.11 of this title (relating to Special Considerations
in All Service Settings: Patients With Dyskinesias) will apply.


(3) The CBS will maintain written policies and procedures
consistent with paragraph (3) of this subsection.


(e) CBS medical staff protocols and standards for prescribed
medications are consistent with all relevant parts of this subchapter
and with accepted medical practice, as reflected by accepted
professional literature, medical authorities, pharmaceutical
manufacturers, and/or government regulation.



sec.405.15. Dosage of
Psychotropic Medications for Patients
Receiving Community-based Services.
 When it is clinically
indicated that the dosage
of medication(s) exceeds the
dosage recommended in the
TDMHMR Formulary or other
accepted reference, the attending
physician will document the
rationale for the higher
dosage in the patient
record and, insofar as
possible and appropriate in
that community setting, meet
the conditions of review
and documentation outlined elsewhere
in this subchapter (e.g.,
sec.405.7 of this title
(relating to General Guidelines
for Prescribing in All
Service Settings)).



sec.405.16. Administration of
Medications to Patients Receiving
Community-based Services (CBS).


(a) When a patient requires medication, the program provides
one of the following options: unsupervised self-administration,
supervised self-administration, or medication administration
by a CBS staff member or provider with an appropriate license
or permit in an authorized setting. The medication administration
option chosen is based on an assessment completed by a physician,
physician assistant, or registered nurse and documented in the
patient record.


(b) All direct care staff supervising the self-administration
of medication are provided, prior to assuming this duty, a training
course in the supervision of self-administration of medication,
taught by a physician, registered nurse, or pharmacist.


(1) This training course includes basic instruction,
at a level consistent with lay understanding and usefulness,
in at least the following:


(A) basic pharmacology specific to medications likely
to be prescribed, including:


(i) classification of medications;


(ii)  medication actions
and common target symptoms;


(iii)  potential toxicity
and side- and adverse
effects;


(iv) routes of medication
administration;


(v) understanding of prescription
labels;


(vi) applicable laws and
rules;


(vii) use of appropriate
resource literature;


(viii)  abbreviations related
to medications;


(ix) training in the
use of forms pertinent
to the medication process.


(B) CBS policies and procedures, including:


(i) administration, storage,
handling, maintenance, and disposal
of medications;


(ii) recognizing, managing,
reporting, and documenting side
effects, adverse reactions, and
medication errors; and


(iii) patient training in
medication self-administration, if
applicable;


(C) supervision of self-administration of medication,
if applicable, including:


(i)  techniques and methods;
and


(ii) documentation requirements.


(D) basic first aid and cardiac life support (BCLS, CPR)
training.


(2) Upon completion of the course, the competency of
each participant is assessed, affirmed, and documented by a physician,
pharmacist, or registered nurse prior to assumption of covered
duties.


(c) A registered nurse may delegate the administration
of medications to unlicensed persons holding valid medication
aide permits in settings licensed by the Texas Department of
Health under Texas Civil Statutes, Article 4442c. A direct care
staff member who has been certified by the Texas Department of
Health as medication aide may administer the following medications:


(1) prescribed oral medications;


(2) prescribed otic, ophthalmic, nasal, rectal, and vaginal
preparations; and


(3) other prescribed topical preparations, provided:


(A)  application does not involve broken or abraded skin;
and


(B)  application does not require aseptic technique.


(d) The medication, including over-the-counter preparations,
has been prescribed by a physician or dentist and dispensed in
accordance with the Texas Pharmacy Act and other applicable statutes.


(e) The direct care staff member is currently certified
in basic cardiopulmonary resuscitation and in basic first aid.


(f) In semi-independent and nonresidential programs,
patients who are self-medicating without supervision may take
over-the-counter medication preparations at their own discretion,
unless the CBS physician documents that this is contraindicated.


(g) Based on the assessment required in subsection (a)
of this section, patient training in self-administration and/or
self-medication is provided when needed, as part of the patient's
treatment plan, and is documented in the patient record.


(h) Medication education for patients is carried out
as appropriate and as required by Chapter 405, Subchapter FF
of this title (relating to Consent to Treatment with Psychoactive
Medication).


(i) The CBS provides medication education in accordance
with sec.405.7(6) of this title (relating to General Guidelines
for Prescribing in All Service Settings).


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107541

Ann Utley

Chair

Texas Department of Mental Health Mental Retardation

Effective date: July 16, 1991

Proposal publication date: December 25, 1990

For further information, please call: (512) 465-4670

   
   

Chapter 410. Volunteer Services and Public Information


Subchapter C. Capital Improvements by Citizen Groups


25 TAC sec.sec.410.101-410.122


The Texas Department of Mental Health and Mental Retardation
(TDMHMR) adopts new sec.sec.410.101-410.122 concerning capital
improvements by citizen groups. Sections 410.102-410.109, 410.111-410.112,
410.114-410.117, 410.119, and 410.122 are adopted with changes,
sec.sec.410.101, 410.110, 410.113, 410.118, are adopted without
changes from the proposed text as published in the May 14, 1991,
issue of the Texas Register
(16 TexReg 2654). The
new sections replace the
repeals of sec.sec.403.251-403.274,
also concerning capital improvements
by citizen groups.

A preliminary version of Chapter 410, Subchapter D was distributed
to staff at TDMHMR facilities and advocacy organizations in early
March. Several comments and recommendations were received, and
are reflected in the adopted sections. The new sections update
terminology and references to various department entities and
call for design professionals in place of the former requirement
of consultants. The new rules also remove the provision concerning
application to the Texas Health Facilities Commission for certain
capital improvements.

Changes to sec.sec.410.103, 410.105-410.109, 410.111,
410.112, 410.114-410.117, 410.119, and 410.122 involve replacing
references to construction with terms more reflective of the
various types of capital improvement projects which could be
pursued. Changes to sec.410.102. and sec.410.103 clarify
the application of these rules to facility outreach and community
service locations. Provisions for situations when the volunteer
services council cannot or will not execute a proposed capital
improvement project have been inserted in changes to sec.410.104.
Changes to sec.410.108 require the capital improvement committee
to inform the department of the estimated cost of the proposed
capital improvement; changes to sec.410.115 require the capital
improvement committee to certify that sufficient funds are in
escrow to complete the capital improvement. The department's
right to request copies of documents related to the capital improvement
and inspect the project throughout its execution is clarified
through changes to sec.410.117.

No comments were received regarding adoption of the new sections.

The new sections are adopted under Texas Civil Statutes, Article
5547-202, sec.2.11, which provide the Texas Board of Mental
Health and Mental Retardation with rulemaking powers.


sec.410.102. Application.
The provisions of this
subchapter shall apply to
any situation in which
individuals and citizen groups
wish to provide capital
improvements to facilities of
the Texas Department of
Mental Health and Mental
Retardation or their outreach
or community services locations.



sec.410.103. Definitions.
The following words and
terms, when used in this
subchapter, shall have the
following meanings, unless the
context clearly indicates otherwise.


   Board-The Texas
Board of Mental Health
and Mental Retardation.


   Bond-An insurance
agreement pledging surety for
financial loss caused to
another by the act or
default of a third person
or by some contingency
over which the third
person may have no control.
Bonds for capital improvement
projects, as may be stipulated
by the contract documents,
are furnished to the
owner by the contractor.


   Capital improvement
-An improvement to the grounds
or buildings of the facility
or their outreach or
community services locations, including
landscaping, sitework, and buildings
or other permanent structures.


   Central Office
-The central office of the
Texas Department of Mental
Health and Mental Retardation,
located at 909 West 45th
Street, Austin.


   Commissioner-The
commissioner of the Texas
Department of Mental Health
and Mental Retardation.


   Committee-The capital
improvement committee sponsored
by the Volunteer Services
Council for the purpose
of providing a capital
improvement.


   Construction administrator
-A construction specialist on
the staff of the Maintenance
and Construction Section of
the Central Office employed
to inspect and administer
the construction phase of
projects financed from appropriated
state funds at one or
more TDMHMR facilities. The
construction administrator also
performs periodic inspections of
Volunteer Services Council projects
for the capital improvement
committee to assure compliance
with departmental standards.


   Contract documents
-The owner/contractor agreement, the
conditions of the contract
(general, supplementary, and other
conditions), the contractor's proposal,
the invitation and instructions
to bidders, the drawings,
the specifications, and all
addenda issued prior to,
and all modifications issued
after execution of the
contract. The contract documents
form the contract which
represents the entire and
integrated agreement between the
owner and the contractor
and supersedes all prior
negotiations, representations, or
agreement, either written or
oral. The contract documents
are complementary and what
is required by any one
document is as binding
as if required by all.


   Contractor-The entity
which has been awarded
the contract for the
performance of a specific
capital improvement project.


   Design professional
-The architect/engineer of a
capital improvement project.


   Facility-A state
school, state hospital, state
center, or other entity
which is a part of
the Texas Department of
Mental Health and Mental
Retardation.


   Facility director
of volunteer services-The
state employee who acts
as liaison between the
facility and the Volunteer
Services Council or the
community. The facility director
of volunteer services is
responsible to the superintendent
or director of the facility
and relies on the director
of volunteer services at
Central Office for guidance,
direction, and advice. The
facility director of volunteer
services interprets the needs
of the facility to the
council or the community
and interprets the resources
of the council and the
community to the facility.
In some facilities, the
director of volunteer services
is also the director
of public information.


   Maintenance and
Construction Section-The Maintenance
and Construction Section of
the Support Services Department
at the Central Office
of the Texas Department
of Mental Health and
Mental Retardation.


   Person being
served-A person who is
receiving mental health or
mental retardation services from
the Texas Department of
Mental Health and Mental
Retardation.


   Planning coordinator
-An architect or engineer
on the staff of the
Maintenance and Construction Section
of the Central Office
employed to coordinate the
planning of capital improvement
projects financed from appropriated
state funds at one or
more TDMHMR facilities. The
planning coordinator acts in
the capacity of the department's
representative for the duration
of capital improvement projects
and as an advisor to
assigned facilities and the
capital improvement committee in
matters relating to the
project.


   Plant maintenance
manager-The state employee
who is responsible for
the management of plant
maintenance activities at a
state hospital, state school,
or state center and who
serves as an ex officio
member of the capital
improvement committee.


   Project manager
-A person designated by
the capital improvement committee
who acts on behalf of
the committee in dealing
with the design professional
and the contractor through
the duration of the project.
State The State of Texas.


   Superintendent/director-The
chief administrator of a
department facility.


   TDMHMR-The Texas
Department of Mental Health
and Mental Retardation.


   Volunteer Services
Council-The Volunteer Services
Council for a facility
of TDMHMR.


   Volunteer Services
Section-The Volunteer Services
Section of the Central
Office of the Texas Department
of Mental Health and
Mental Retardation.



sec.410.104. Initial Contact
with Persons Desiring to
Provide Capital Improvements; the
Nature of the Volunteer
Services Council.


(a)  Individuals or groups desiring to provide capital
improvements shall contact the superintendent of the facility
and will be given a copy of this subchapter and referred to the
Volunteer Services Council chairman for the facility for which
they desire to provide the improvements.


(b) The Volunteer Services Council is a separately chartered,
private, nonprofit organization. Although they have no control
over the state facilities, the Volunteer Services Councils have
been organized expressly for the purpose of extending to the
persons being served at facilities services and items that can
be acquired from the communities as donations. The Volunteer
Services Council often initiates projects from within its own
membership.


(c) Nothing in this subchapter is meant to prevent the
execution of capital improvement projects meeting the approval
of the superintendent or director. Should a situation arise in
which the Volunteer Services Council cannot or will not execute
a project, the superintendent may consider alternative means
of pursuing the project which meet the requirements and capabilities
of the facility.



Capital Improvement Committee;
Ex Officio Members.


(a) The Executive Committee of the Volunteer Services
Council shall appoint, for the purpose of providing a capital
improvement, a capital improvement committee which shall be composed
of responsible citizens in the community.


(b) Ex officio members of the established capital improvement
committee shall include the superintendent or director of the
facility, the facility director of volunteer services, the facility
business manager, a planning coordinator from Central Office
Maintenance and Construction.



sec.410.106. Functions and
Responsibilities of the Capital
Improvement Committee.


(a) Initial functions and responsibilities of the capital
improvement committee shall include the following:


(1) determining the feasibility and need for the proposed
capital improvement;


(2)  selecting an honorary chairman who is knowledgeable
of the ways and means of fundraising;


(3) selecting a working chairman who is well known in
the community, a friend of the facility, and conscientious in
the discharging of duties; and


(4) in the case of a proposed chapel, selecting a resource
committee composed of a representative from three major faiths
(Protestant, Catholic, and Jewish) to serve as consultants along
with others deemed necessary. For other capital improvements,
experts of recognized community standing and expertise in their
particular fields should be selected as consultants.


(b)  The committee must:


(1) work under the sponsorship of the Volunteer Services
Council;


(2) be a policy and procedure setting body for raising
funds and executing the capital improvement project;


(3) report periodically on the progress of the committee
to the Volunteer Services Council; and


(4) insure that all buildings meet the requirements of
applicable federal and state laws regarding handicapped requirements
and energy conservation.


(c) If for any reason the capital improvement committee
should fail to function, the Volunteer Services Council has the
right and the responsibility to dissolve and reorganize the committee
immediately.



sec.410.107. Retaining a
Design Professional; Requirements
for an Agreement with
a Design Professional.


(a) The capital improvement committee must retain the
services of a professional architect or professional engineer,
licensed to practice in Texas, to prepare contract documents,
such as drawings and specifications for projects that by law
must be designed by these licensed professionals.


(b) The agreement between the committee and the design
professional shall include both a description of the services
to be provided throughout the project and the basis for compensation.
The nature and extent of services will vary according to the
type and complexity of the project. For larger and more complex
projects, the agreement with the design professional may include
not only services in project design and production of contract
documents, but also administration of the project and frequent
inspections during its execution.


(c) The design professional shall be provided a copy
of the provisions of this subchapter.



sec.410.108. Capital Improvement
Proposal Letter; Contents; Proposed
Name for the Improvement;
Recipients of Letter.


(a) After establishing the feasibility of and need for
the proposed capital improvement, the council chairman shall
prepare a letter, cosigned by the superintendent or director,
proposing the erection of the improvement, citing the estimated
cost of the improvement, and requesting permission to conduct
a fundraising campaign for such purpose. In the event that utilization
of the improvement is contingent upon concurrent or future improvements
to be provided by the facility, or in the event that any part
of the execution of the project is to be performed by or paid
for by the facility, the letter shall include a description of
the improvement or work to be performed by or paid for by the
facility.


(b)  The committee may propose a name for the completed
capital improvement in the letter or may recommend a name at
a later time. The name of the improvement must be approved by
the board.


(c) The letter must be addressed to the commissioner,
Texas Department of Mental Health and Mental Retardation, with
copies sent to the MH or MR deputy commissioner (as appropriate)
and directors of:


(1) Legal Services;


(2) Support Services; and


(3)  Volunteer Services and Public Information.


(d) An example of the capital improvement proposal letter
is referred to as Exhibit A and is available from the Texas Department
of Mental Health and Mental Retardation, P.O. Box 12668, Austin,
Texas 78711.



sec.410.109. Approval, Recommendation,
and Action by the Board.


(a)  After receipt of the Volunteer Council's letter
proposing the capital improvement, and at the request of the
commissioner, Volunteer Services and Public Information shall
prepare a board agenda item recommending that the board approve
the requests to execute the capital improvement and to conduct
a fundraising campaign.


(b) After considering the merits of the proposal, the
board acts on the request for the capital improvement.



sec.410.111. Programming Phase:
Establishment of the Program
for the Project; Selection
of the Capital Improvement
Site.


(a) After a design professional has been retained as
required by the nature of the project to be undertaken, the capital
improvement committee, the facility director of volunteer services,
the superintendent or director of the facility, and the design
professional shall jointly establish the program for the project,
which will include the following considerations:


(1) the nature of the persons being served who will use
the improvement;


(2) the kinds of activities to be provided by the improvement;


(3) relationships between and among the improvement and
the rest of the facility; and


(4) a preliminary determination of how much can be done
with the available funds.


(b) Selection of the capital improvement site will be
an outcome of the programming phase. The Volunteer Services Council
chairman shall write a letter to the commissioner requesting
approval of the selected site, and including a drawing showing
the proposed location of the project. An example of this letter
is referred to as Exhibit B and is available from the Texas Department
of Mental Health and Mental Retardation, P.O. Box 12668, Austin,
Texas 78711.


(c)  The Maintenance and Construction Section shall review
the proposed site location and determine its suitability with
regard to the facility's master plan for future development,
availability of utilities, site conditions, such as tree cover,
slope, and other natural features, and vehicular or pedestrian
traffic. The Maintenance and Construction Section shall then
recommend to the commissioner that the site be approved or that
another site be selected.



sec.410.112. Schematic Design
Phase: Preparation, Review, and
Approval of Drawings and
Specifications.


(a) After the commissioner approves a site for the project,
the capital improvement committee, the superintendent or director
of the facility, and the design professional shall begin the
schematic design phase. In this phase, the general size and appearance
of the project are determined and the functional characteristics
are defined. Drawings and written specifications in brief form
are generally necessary to complete this phase.


(b) At the completion of the schematic design phase,
the Volunteer Services Council chairman must submit the drawings
and specifications to the commissioner for approval. An example
of the letter submitting such documents is referred to as Exhibit
C and is available from the Texas Department of Mental Health
and Mental Retardation, P.O. Box 12668, Austin, Texas 78711.


(c)  The Maintenance and Construction Section will review
and comment upon the submitted documents. This review may facilitate
further development later in the design or execution of the project.


sec.410.114. Bidding the
Project; Reserving the Right
to Reject Any and All
Bids; Procedures Where There
Are Insufficient Funds; Additional
Review by Commissioner Required
when Contract Documents are
Modified.


(a) For smaller projects or isolated elements of larger
projects, the capital improvement committee may at its discretion
obtain volunteers to perform the work. Otherwise, the committee
may request bids for the execution of the project. The design
professional can offer recommendations on methods of accomplishing
this.


(b) The committee should insure that the specifications
or the invitation to bid, or both, reserve to the committee the
right to reject any and all bids. This will protect the committee
in the event that the minimum cost of the project exceeds the
available funds.


(c) In the event that the funds available prove insufficient
to complete the project, the capital improvement committee may
raise additional funds, have the project redesigned, or eliminate
from the contract documents any nonessential elements necessary
and feasible.


(d) If the contract documents are modified in any way
from the condition in which they were reviewed and approved by
the commissioner, they must be resubmitted to him for further
review and approval before the project may be executed in accordance
with the modified contract documents.



sec.410.115. Placing Funds
in Escrow. Prior to
the execution of a contract
for execution of the
project, the total council
cost of the project must
be placed in escrow.
The capital improvement committee's
bonded treasurer should be
consulted for advice on
the best way of placing
these funds in escrow.
The capital improvement committee
shall prepare a letter
certifying sufficient funds to
complete the proposed capital
improvement project are in
escrow. The letter shall
be addressed to the commissioner,
Texas Department of Mental
Health and Mental Retardation,
with copies sent to the
MH or MR deputy commissioner
(as appropriate) and directors
of:


(1) Legal Services;


(2) Support Services; and


(3) Volunteer Services and Public Information.



sec.410.116. Signing the
Contract; Requisites of the
Contract.


(a)  Unless all work is to be performed by volunteers,
the capital improvement committee selects a contractor for the
project and executes a contract, naming the capital improvement
committee of the Volunteer Services Council as the owner of the
project. The capital improvement committee shall be responsible
for all costs incurred by the project, including, but not limited
to, the costs of locating and tapping into utilities, erection
of a construction fence, and/or repairs to roads or sodded areas
damaged by construction activities; the committee shall not be
responsible for costs accrued from concurrent projects undertaken
by the facility, as described in sec.410.108 of this title
(relating to Capital Improvement Proposal Letter: Contents; Proposed
Name for the Improvement; Recipients of Letter).


(b) The contract shall be for the completion of the project.
For projects requiring a prime contractor, work by volunteers
or work donated by subcontractors shall not be permitted, as
the prime contractor could not then be held responsible for errors
or omissions in the work.


(c) The contract documents shall stipulate that the contractor's
warranty of the work is to be extended to the department after
the project is accepted by the department.


(d) The contract shall require the contractor to provide
performance and payment bonds, liability insurance, and builder's
risk insurance. The Volunteer Services Council shall be named
as the beneficiary.



sec.410.117. Capital Improvement
Contract: Conference Before Commencement
of Contracted Work; Duties
of the Professional Consultant
During the Capital Improvement
Project.


(a) Before contracted work begins, the Volunteer Services
Council chairman shall schedule a conference to be attended by
the capital improvement committee, the facility director of volunteer
services, the design professional, the prime contractor and his
job superintendent, the subcontractors, the superintendent or
director and the plant maintenance manager of the facility and
the Central Office construction administrator. If the work is
to be performed by volunteers, those in charge of the work shall
attend instead of the prime and subcontractors.


(b)  During the conference, the Central Office construction
administrator shall specify to the contractor any mandatory inspections
which will be required as the project is executed. The contractor
will also be informed of the department's right to conduct other
inspections, as well as the department's right to request copies
of any pertinent documents from the contractor, including warranties
and liens.


(c) During the conference, the superintendent or director,
or a designated representative, shall inform the contractors
of the facility's rules and regulations. This will include a
description of items and actions prohibited on the grounds of
the facility. Normal working hours and arrangements necessary
for overtime work will be discussed. The route to be followed
by vehicles delivering materials will be discussed, as well as
any other matter of importance relating to execution of the project.


(d) All instructions to the contractor should be made
through the design professional, and all contractor requests
directed to the capital improvement committee should be routed
through the design professional or the designated project manager.
The design professional or project manager should verify performance
of the work and should approve payment to the contractor when
satisfied that the contractor is entitled thereto. These payments
should be disbursed by the bonded treasurer.


(e) The Central Office Maintenance and Construction Section
shall advise the committee of its findings and recommendations
resulting from mandatory and other inspections of the capital
improvement project, and shall provide the contractor with a
written approval before the project may be continued. These inspections
help to insure that the projects meet the various standards the
department is striving to maintain.


(f) Upon completion of the project, but before releasing
the contractor or turning the project over to the state, the
committee shall inform the director of Support Services that
the project is complete and ready for a final inspection. If
this inspection discloses deficiencies, follow-up inspections
shall be performed until the project is free of deficiencies.


sec.410.119. Design and
Construction Codes and Standards.
 All capital improvement
projects executed on the
grounds of a facility
will be required to meet
specific design and construction
codes and standards stipulated
by TDMHMR. The capital
improvement committee shall ascertain
the codes and standards
which apply to the project
prior to beginning the
design of the project.


sec.410.122. Distribution.


(a) The provisions of this subchapter shall be distributed
to the members of the Texas Board of Mental Health and Mental
Retardation; the medical director; deputy commissioners, associate
deputy commissioners, assistant deputy commissioners, directors,
and section chiefs of central office; and superintendents, directors,
plant maintenance managers, and directors of volunteer services
of all department facilities.


(b) The superintendent or director of each department
facility shall be responsible for the dissemination of the information
contained in this subchapter to all appropriate staff members.


(c) The department, the superintendent or director, or
the director of volunteer services of each department facility
shall, upon request, provide a copy of this subchapter to individuals
or citizen groups who are interested in making a capital improvement
to a facility of the department.


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

Issued in Austin, Texas, on June 24, 1991.

TRD-9107481

Ann Utley

Chair

Texas Department of Mental Health and Mental Retardation

Effective date: July 15, 1991

Proposal publication date: May 14, 1991

For further information, please call: (512) 465-4670

   
   


TITLE 28. INSURANCE

Part II. Texas Worker's Compensation Commission

Chapter 133. Medical Benefits-General Medical Provisions


Subchapter A. General Rules for Required Reports


28 TAC sec.133.3


Texas Worker's Compensation Commission adopts new sec.133.3,
concerning responsibilities of treating doctor, without changes
to the proposed text as published in April 23, 1991, issue of
the Texas Register (16
TexReg 2271). The new
section details the responsibilities
of the treating doctor.
The section is necessary
to clarify what the doctor
who is primarily responsible
for an injured workers'
health care must do.

The section identifies who is a treating doctor, and describes
the doctor's responsibilities to approve or recommend efficient
health care for injured employees; make medical reports; certify
maximum medical improvement and assign an impairment rating;
agree or disagree with the certification and evaluation of other
certifying doctors; and be responsible for medically necessary
spinal surgery recommendations.

No comments were received regarding adoption of the new section.

The new section is adopted under Texas Civil Statutes, Article
8308, sec.4.66, which authorize the commission to establish
rules requiring certain reports and records of health care providers
and makes the treating doctor responsible for maintaining efficient
utilization of health care; and under sec.2.09(a), which authorizes
the commission to adopt rules necessary for implementation and
enforcement of the Texas Workers' Compensation Act.


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

Issued in Austin, Texas, on June 26, 1991.

TRD-9107596

Susan M. Kelley

General Counsel

Texas Worker's Compensation Commission

Effective date: July 17, 1991

Proposal publication date: April 23, 1991

For further information, please call: (512) 440-3973

   
   


TITLE 31. NATURAL RESOURCES AND CONSERVATION

Part III. Texas Air Control Board

Chapter 115. Control of Air Pollution from Volatile Organic
Compounds


Subchapter A. Definitions


Definitions


31 TAC sec.115.10


The Texas Air Control Board (TACB) adopts an amendment to
sec.115.10, concerning definitions, with changes to the proposed
text as published in the February 12, 1991, issue of the 
Texas Register (16
TexReg 830). The amendment
satisfies a general requirement
in the 1990 amendments
to the Federal Clean
Air Act for reasonably
available control technology correction;
and a specific requirement
by the United States
Environmental Protection Agency
(EPA) to correct certain
regulation deficiencies and inconsistencies
as part of a nationwide
program termed "leveling the
playing field."

The amendment to sec.115.10 adds definitions for coating,
coating line, printing line, and pounds of volatile organic compounds
(VOCs) per gallon of solids. These definitions are to clarify
emission specifications and control requirements in the subchapters
relating to Surface coating processes and graphic arts. The definitions
for leak, pounds of VOC per gallon of coating (minus water and
exempt solvent), and VOC were modified to be consistent with
terms now used by EPA.

Public hearings were held on March 4, 1991, in Beaumont and
El Paso and on March 5, 1991, in Houston and Arlington. Testimony
was received from six commenters during the comment period. EPA
supported the proposed revisions, in general. Five commenters
opposed the proposed amendments. They were the LTV Aerospace
and Defense Company (LTV), General Dynamics Corporation (GD),
United States Air Force (USAF), Texas Chemical Council (TCC),
and Mobil Oil Corporation (Mobil).

In accordance with an EPA requirement, the TACB has included
a definition of "coating" consistent with that found in EPA's
federal implementation plan (FIP) for the Chicago area. LTV,
GD, and USAF felt certain items that were included in the definition,
such as sealants adhesives ink, maskants, and temporary protective
coatings, do not meet the commonly accepted definition of coatings.
LTV felt sealants and adhesives were not intended a part of the
coating control techniques guidelines (CTGs), and USAF commented
that some adhesive materials such as tapes, putties, sheets,
and caulks do not resemble coatings. GD commented that, if it
is necessary to regulate adhesives and sealant, then a separaterule
regarding their use shouldbe developed by the TACB. Since the
items included in the definition are mandated by EPA, they cannot
be eliminated from the current definition. However, the staff
will work with EPA to encourage the acceptance of a separate
rule for certain materials.

Comments were received from four parties about the proposed
addition of a definition for "coating line." EPA required that
the definition be added to the regulation in a manner consistent
with wording in the Chicago FIP. EPA felt that a line should
only contain one flashoff area, drying area, and/or oven and
commented that the references to these areas should be made singular.
Since this is not necessarily consistent with the staff's findings,
parentheses will be put around each ending "s" to allow for more
than one of each type of area on a line. This would provide greater
flexibility in the definition. The remaining three parties' comments
dealt with the meaning and scope of the definition. GD and USAF
felt that the wording in the definition was vague, with no clear
guidelines as to the beginning and end of a line. As previously
discussed, the definition ia based upon wording in the Chicago
FIP as required by EPA. The staff is currently working with EPA
to establish clearer guidelines as to the beginning and end of
a line. LTV felt that the definition would not cover all surface
coating processes, and that alternate control requirements (ACRs)
should be explicitly exempted in the definition. An individual
ACR might allow interline averaging, but would not affect the
definition. Because of this, the staff does not feel that an
ACR is exempt from the definition of a coating line. USAF also
was concerned that the definition was not consistent with those
in 40 Code of Federal Regulations 60 (regarding new source performance
standards). Although the staff can appreciate the concern with
consistency, it can only recommend that EPA rectify inconsistencies
in its definitions.

Comments were received from EPA and an individual that the
definitions for "pounds of VOC per gallon of coatings, less water
and exempt solvents" and for "pounds of VOC per gallon of solids"
did not account for exempt solvents in all applicable parts of
the definitions. The staff changed these definitions by adding
the phrase "exempt solvents" at each appropriate place and by
clarifying as to how each unit is to be calculated.

Three parties commented on the proposed changes to the definition
of the term "leak." An individual supported the proposed addition
of sight, smell, and sound as leak qualifiers. However, TCC and
Mobil felt that smell and sound were vague, unquantifiable areas
that could not be enforced consistently. These qualifications,
however, all serve as indicators of a leak, individually or in
the aggregate.

An individual recommended that the concentration at which
a leak is defined should be lowered from 10,000 parts per million
by volume (ppmv) to 1,000 ppmv. This recommendation would be
more restrictive than the existing rule and cannot be considered
at this time. Because the 10,000 ppmv concentration was established
in the CTGs relating to fugitive emissions control, the staff
is not currently considering lowering this concentration.

TCC and Mobil felt that leaks should apply only to liquids
with a true vapor pressure of more than 0.147 pounds per square
inch absolute at 68-Degrees Fahrenheit ("light" liquids). However,
any VOC escaping a process stream can evaporate, and the staff
does not believe in defining a leak solely on the basis of the
process fluid's vapor pressure.

Mobil and TCC requested that definitions for instrument system,
liquids dripping, light liquid, heavy liquid, and emergency roof
drains be added to the definitions in the section. Although new
definitions cannot be added at this point, the staff will take
these requests into consideration for future rulemaking.

The amendment is adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code (Vernon 1990), which
provides the TACB with the authority to adopt rules consistent
with the policy and purpose of the TCAA.



sec.115.10. Definitions.
Unless specifically defined in
the Texas Clean Air Act
(TCAA) or in the rules
of the board, the terms
used by the board have
the meanings commonly ascribed
to them in the field
of air pollution control.
In addition to the terms
which are defined by
the TCAA, the following
words and terms, when
used in this chapter,
shall have the following
meanings, unless the context
clearly indicates otherwise.


   Coating-A material
applied onto or impregnated
into a substrate for
protective, decorative, or functional
purposes. Such materials include,
but are not limited to,
paints, varnishes, sealants, adhesives,
thinners, diluents, inks, maskants,
and temporary protective coatings.


   Coating line-An
operation consisting of a
series of one or more
coating application systems and
including associated flashoff area(s),
drying area(s), and oven(s)
wherein a surface coating
is applied, dried, or
cured.


   Leak-A volatile
organic compound concentration
greater than 10,000 parts
per million by volume
(ppmv) or the dripping
or exuding of process
fluid based on sight,
smell, or sound.


   Pounds of volatile
organic compounds per gallon
of coating (minus water
and exempt solvents-Basis
for emission limits for
surface coating processes. Can
be calculated by the
following equation:


[graphic]


   Pounds of volatile
organic compounds per gallon
of solids-Basis for emission
limits for surface coating
process. Can be calculated
by the following equation:


[graphic]


   Printing line-An
operation consisting of a
series of one or more
printing processes and including
associated drying areas.


   Volatile organic
compound (VOC)-Any compound
of carbon or mixture
of carbon compounds excluding
methane, ethane, 1,1,1-trichloroethane
(methyl chloroform), methylene
chloride (dichloromethane), trichlorofluoromethane
(CFC-11), dichlorodifluoromethane (CFC-12),
chlorodifluoromethane (CFC-22), trifluoromethane
(FC-23), trichlorotrifluoroethane (CFC-113),
dichlorotetrafluoroethane (CFC-114), chloropentafluoroethane
(CFC-115), dichlorotrifluoroethane (HCFC-123),
tetrafluoroethane (HFC-134a), dichlorofluoroethane
(HCFC-141b), chlorodifluoroethane (HCFC-142b),
carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides
or carbonates, and ammonium
carbonate.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107561

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Subchapter B. General Volatile Organic Compound Sources


Storage of Volatile Organic Compounds


31 TAC sec.sec.115.112,
115.114, 115.116, 115.119


The Texas Air Control Board (TACB) adopts amendments to 
ssec.115.112, 115. 114, 115.116, and 115.119. Sections 115.112,
115.114, and 115.119 are adopted with changes to the proposed
text as published in the February 12, 1991, issue of the 
Texas Register (16
TexReg 830). Section 115.116
is adopted without changes
and will not be republished.

The amendment to sec.115.112 adds a requirement to specify
the minimum control efficiency on a vapor recovery system and
eliminates an existing uncertainty associated with applicability
of the rule by clarifying that all floating roof storage tanks
are affected. The amendment to sec.115.114 increases the frequency
of visual secondary seal inspections from annual to semiannual.
The amendment to sec.115.116 corrects an exemption reference
and adds a requirement to monitor carbon adsorption systems for
breakthrough. The amendment to sec.115.119 updates the expired
compliance date and adds a new compliance date for new requirements.

Public hearings were held on March 4, 1991, in Beaumont and
El Paso and on March 5, 1991, in Houston and Arlington. Testimony
was received from four commenters during the comment period.
The United States Environmental Protection Agency (EPA) was supportive
of the proposed revisions. Three commenters opposed the proposed
amendments. They were the Texas Chemical Council (TCC), Mobil
Oil Corporation (Mobil), and one individual.

Comments were received from TCC and an individual regarding
the minimum control efficiency specified for vapor recovery systems.
The individual recommended that the minimum control efficiency
which was added to this regulation should be set at 95% instead
of the proposed 90%. Staff supports the 90% efficiency number
required by EPA as reasonably available control technology, which
takes into account that costs of controls will rapidly escalate
as control efficiency is increased. TCC simply commented that
the compliance date for the rule might be difficult to meet.
However, since the date set is within a time frame established
by EPA, the staff is unable to change this date.

EPA and TCC provided comments regarding covers on emergency
roof drains on internal floating roof storage tanks. EPA recommended
that the existing rule not be changed because external floating
roof storage tanks should continue to be affected by the rule.
The TACB staff concurs and has deleted the reference to internal
floating roof storage tanks.

An individual commented on sec.115.113. This rule was not
proposed for revision and, therefore, the comments cannot be
considered at this time. However, these comments may be considered
in future rulemaking.

Comments were received from EPA, Mobil, and TCC regarding
the proposed changes to seal inspections for storage tanks. EPA
noted that reference to semiannual inspections and sec.115.112(a)(2)(F)
in the introductory paragraph were inconsistent since sec.115.114(1),
which was not proposed for revision, still referred to annual
inspections. Mobil and TCC both felt that annual inspections
on secondary seals are sufficient to maintain vapor control.
To eliminate inconsistencies, the staff changed the wording to
require only semiannual visual inspections of secondary seals,
with the physical measuring of gap areas, as required by sec.115.114(1),
being required only annually.

The amendments are adopted under the Texas Clean Air Act (TCAA),
Texas Health and Safety Code (Vernon 1990), which provides the
TACB with the authority to adopt rules consistent with the policy
and purpose of the TCAA.



sec.115.112. Control Requirements.


(a) For all persons in the counties referenced in 
s115.119(a) of this title (relating to Counties and Compliance
Schedules), the following requirements shall apply.


(1) No person shall place, store, or hold in any stationary
tank, reservoir, or other container any volatile organic compound
(VOC) unless such container is capable of maintaining working
pressure sufficient at all times to prevent any vapor or gas
loss to the atmosphere, or is equipped with at least the control
device specified in Table I(a) for VOC other than crude oil and
condensate, or Table II(a) for crude oil and condensate.


(2) For floating roof storage tanks subject to the provisions
of paragraph (a)(1) of this subsection, the following requirements
shall apply.




[graphic]


(A)-(C) (No change.)


(D) Any emergency roof drain must be provided with a
slotted membrane fabric cover that covers at least 90% of the
area of the opening.


(E)-(F) (No change.)


(b) (No change.)


(c) Vapor recovery systems used as a control device on
any stationary tank, reservoir, or other container shall maintain
a minimum control efficiency of 90%.



sec.115.114. Inspection Requirements.
 For all persons in
the counties referenced in
sec.115.119(a) of this title
(relating to Counties and
Compliance Schedules), all secondary
seals used to comply
with sec.115.112(a)(1) of this
title (relating to Control
Requirements) shall be inspected
according to the following
schedules by the owner,
operator, or authorized representative
to insure compliance with
sec.115.112(a)(2)(E) and (F)
of this title (relating
to Control Requirements).


(1)-(2) (No change.)


(3) All secondary seals shall be visually inspected semiannually
to insure compliance with sec.115. 112(a)(2)(E)-(F).



sec.115.119. Counties and
Compliance Schedules.


(a) All affected persons in Brazoria, Dallas, El Paso,
Galveston, Gregg, Harris, Jefferson, Nueces, Orange, Tarrant,
and Victoria Counties shall be in compliance with this undesignated
head (relating to Storage of Volatile Organic Compounds) in accordance
with the following schedules.


(1) All affected persons shall be in compliance with
all compliance schedules which have expired prior to January
1, 1991, in accordance with sec.115.930 of this title (relating
to Compliance Dates).


(2) All persons in Brazoria, Dallas, El Paso, Galveston,
Harris, Jefferson, Orange, or Tarrant Counties affected by the
provisions of sec.115.112(c) of this title (relating to Control
Requirements), sec.115.114(3) of this title (relating to Inspection
Requirements), and sec.115. 116(3)(C) of this title (relating
to Recordkeeping Requirements) shall be in compliance with these
sections as soon as practicable, but no later than July 31, 1992.


(b) (No change.)


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107562

Lane Hartsock

Director, Planning and Development Programs

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Subchapter B. General Volatile Organic Compound Sources


Vent Gas Control


31 TAC sec.sec.115.122,
115.126, 115.129


The Texas Air Control Board (TACB) adopts amendments to 
ssec.115.122, 115. 126, and 115.129, with changes to the
proposed text as published in the February 12, 1991, issue of
the Texas Register (16
TexReg 830).

The amendment to sec.115.122 involves a provision stating
that if exemption limits are exceeded, then the requirements
of this section become applicable. The amendment to sec.115.126
adds requirements to monitor temperatures at catalytic incinerators
or chillers and carbon adsorption systems for breakthrough. The
amendment to sec.115.129 updates the expired compliance date
and adds a new compliance date for new requirements.

Public hearings were held on March 4, 1991, in Beaumont and
El Paso and on March 5, 1991, in Houston and Arlington. Testimony
was received from seven commenters during the comment period.
The United States Environmental Protection Agency (EPA) supported
the proposed revisions, in general. Six commenters opposed the
proposed amendments. They were the LTV Aerospace and Defense
Company (LTV), General Dynamics Corporation (GD), Mobil Oil Corporation
(Mobil), Texas Chemical Council (TCC), and two individuals.

The intent of the "once in, always in" provision is that once
a facility is required to implement applicable control measures,
the facility needs. to remain subject to controls even if emissions
or throughput later fall below applicable exemption limits. In
response to an EPA requirement, this provision was proposed for
rules concerning vent gas control. Five commenters submitted
remarks concerning these proposed amendments. Of the five, one
simply indicated approval of the philosophy. Two commenters,
Mobil and TCC, requested clarification on whether a facility
which must be in compliance with control requirements must maintain
the controls because of the amendments, and whether the controls
are to be operated only during times when exemption levels would
be exceeded. The staff agreed and modified the wording to more
clearly establish that once a facility exceeds an exemption level
and must utilize controls, the facility will be required to maintain
the controls even if emissions or throughput are later sustained
at a level below any applicable exemption limit.

Four commenters, LTV, GD, Mobil, and TCC, were concerned that
the amendments would result in the loss of exemption status for
"a single excursion," "the smallest violation," or due to upsets
or maintenance activities. Although it is not entirely clear
what is meant by a single excursion or a small violation, the
staff agrees that EPA's intent with the provision is to require
a source exceeding the applicable exemption level to implement
controls. This, however, would not include uncontrollable, short-term
upsets or planned maintenance activities. Additionally, Mobil
and TCC wanted a definition of exceedance. The regulation previously
held and continues to hold the implicit understanding that upsets
and maintenance were to be handled by TACB rules dealing with
these issues and not by this regulation, unless otherwise specifically
stated. If an exceedance is not an upset, e.g., it is caused
by an increase in production, then the source is subject to the
control requirements. Each exceedance will need to be evaluated
on a case-by-case basis to determine whether it was an upset.
Therefore, the staff does not recognize the need to define the
term.

LTV, GD, Mobil, and TCC also indicated concern that the amendments
required immediate compliance with the control requirements upon
exceedance of the exemptions. The staff position is that applicable
control measures are to be in place prior to changes in operation
or equipment that will result in increasing emissions or throughput.
Additionally, LTV commented that the date of May 31, 1991 conflicted
with other dates in the rules. In the modified wording for these
proposed amendments, the date is removed because the intent is
that this provision should be applicable upon the effective date
of the rules. Furthermore, references to "once in, always in"
in the compliance date section in each of the applicable undesignated
heads is recommended for deletion. The staff believes that these
compliance dates are unnecessary since the provision is to become
applicable upon the effective date of the rules.

Comments were received from EPA and an individual regarding
recordkeeping requirements for general vent gas sources. EPA
noted that recordkeeping specified in sec.115.126(1) should
be required for sources covered by sec.115. 121(3) as well
as those covered by sec.115.121(2). This change was not proposed
as part of the public hearing, and thus, cannot be accomplished
at this time. However, these comments will be considered in future
rulemaking. The individual wanted the TACB to clarify whether
records required by this rule and similar records elsewhere in
the regulation are to be made available to the public. As stated
in the opening paragraph of sec.115.126, the records are to
be made available to the TACB, EPA, and any local program having
juris- diction. Much of the information in records is proprietary
information, and the TACB cannot require a company to make this
information available to the public upon request. However, the
public does have access to non-proprietary information in the
TACB permit and compliance files.

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code Annotated (Vernon
1990), which provides TACB with the authority to adopt rules
consistent with the policy and purpose of the TCAA.



sec.115.122. Control Requirements.


(a) For all persons in the counties referenced in 
s115.129(a) of this title (relating to Counties and Compliance
Schedules), the following control requirements shall apply.


(1) -(2) (No change.)


(3) Any vent gas stream that becomes subject to the provisions
of paragraph (1) or (2) of this subsection by exceeding provisions
of sec.115.127(a) of this title (relating to Exemptions) will
remain subject to the provisions of this subsection, even if
throughput or emissions later fall below the exemption limits.


(b) (No change.)



sec.115.126. Recordkeeping Requirements.
 For the counties referenced
in sec.15.129(a)(2) of this
title (relating to Counties
and Compliance Schedules), the
owner or operator of
any facility which emits
volatile organic compounds (VOC)
through a stationary vent
shall maintain records at
the facility for at least
two years and shall make
such records available to
representatives of the Texas
Air Control Board, United
States Environmental Protection
Agency, or local air
pollution control agency having
jurisdiction in the area,
upon request. Thee records
shall include, but not
be limited to, the following.


(1) Records for each vent required to satisfy the provisions
of sec.115. 121(a)(2) of this title (relating to Emission Specifications)
shall be sufficient to demonstrate the proper functioning of
applicable control equipment to design specifications, including:


(A) (No change.)


(B)  continuous monitoring of temperatures upstream and
downstream of a catalytic incinerator or chiller;


(C) the exhaust gas VOC concentration of any carbon adsorption
system to determine breakthrough;


(D) the date and reason for any maintenance and repair
of the required control devices and the estimated quantity and
duration of VOC emissions during such activities; and


(E) the results of any testing of any vent conducted
at an affected facility in accordance with the provisions specified
in sec.115.125 of this title (relating to Testing Requirements).


(2)-(3) (No change.)



sec.115.129. Counties and
Compliance Schedules.


(a) All affected persons in Brazoria, Dallas, El Paso,
Galveston, Harris, Jefferson, Nueces, Orange, Tarrant, and Victoria
Counties shall be in compliance with this undesignated head (relating
to Vent Gas Control) in accordance with the following schedules.


(1) All affected persons shall be in compliance with
all compliance schedules which have expired prior to January
1, 1991, in accordance with sec.115.930 of this title (relating
to Compliance Dates).


(2) All persons in Brazoria, Dallas, El Paso, Galveston,
Harris, Jefferson, Orange, and Tarrant Counties affected by the
provisions of sec.115. 126(1)(B) and (C) of this title (relating
to Recordkeeping Requirements) shall be in compliance with these
sections as soon as practicable, but no later than July 31, 1992.


(b) (No change.)


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107563

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Water Separation


31 TAC sec.sec.115.132,
115.136, 115.139


The Texas Air Control Board (TACB) adopts amendments to 
ssec.115.132, 115. 136, and 115.139. Sections 115.132 and
115.139 are adopted with changes to the proposed text as published
in the February 12, 1991, issue of the Texas
Register (16 TexReg
830). Section 115.136 is
adopted without changes and
will not be republished.

The amendment to sec.115.132 involves a provision stating
that if exemption limits are exceeded, then the requirements
of this section become applicable. The amendment to sec.115.136
adds requirements to monitor temperatures at catalytic incinerators
or chillers and carbon adsorption systems for breakthrough. The
amendment to sec.115.139 updates the expired compliance date
and adds a new compliance date for new requirements.

Public hearings were held on March 4, 1991, in Beaumont and
El Paso and on March 5, 1991, in Houston and Arlington. Testimony
was received from seven commenters during the comment period.
One individual and the United States Environmental Protection
Agency (EPA) supported the proposed revisions. Five commenters
opposed the proposed amendments. They were the LTV Aerospace
and Defense Company (LTV), General Dynamics Corporation (GD),
Mobil Oil Corporation (Mobil), Texas Chemical Council (TCC),
and one individual. The intent of the "once in, always in" provision
is that once a facility is required to implement applicable control
measures, the facility needs to remain subject to controls even
if emissions or throughput later fall below applicable exemption
limits. In response to an EPA requirement, this provision was
proposed for rules concerning water separation. Five commenters
submitted remarks concerning these proposed amendments. Of the
five, one simply indicated approval of the philosophy. Two commenters,
Mobil and TCC, requested clarification on whether a facility
which must be in compliance with control requirements must maintain
the controls because of the amendments, and whether the controls
are to be operated only during times when exemption levels would
be exceeded. The staff agreed and modified the wording to more
clearly establish that once a facility exceeds an exemption level
and must utilize controls, the facility will be required to maintain
the controls even if emissions or throughput are later sustained
at a level below any applicable exemption limit.

Four commenters, LTV, GD, Mobil, and TCC, were concerned that
the amendments would result in the loss of exemption status for
"a single excursion," "the smallest violation," or due to upsets
or maintenance activities. Although it is not entirely clear
what is meant by a single excursion or a small violation, the
staff agrees that EPA's intent with the provision is to require
a source exceeding the applicable exemption level to implement
controls. This, however, would not include uncontrollable, short-term
upsets or planned maintenance activities. Additionally, Mobil
and TCC wanted a definition of exceedance. The regulation previously
held and continues to hold the implicit understanding that upsets
and maintenance were to be handled by TACB rules dealing with
these issue. and not by this regulation, unless otherwise specifically
stated. If an exceedance is not an upset, e.g, it is caused by
an increase in production, then the source is subject to the
control requirements. Each exceedance will need to be evaluated
on a case-by-case basis to determine whether it was an upset.
Therefore, the staff does not recognize the need to define the
term.

LTV, GD, Mobil, and TCC also indicated concern that the amendments
required immediate compliance with the control requirements upon
exceedance of the exemptions. The staff position is that applicable
control measures are to be in place prior to changes in operation
or equipment that will result in increasing emissions or throughput.
Additionally, LTV commented that the date of May 31, 1991 conflicted
with other dates in the rules. In the modified wording of these
amendments, the date is removed because the intent is that this
provision should be applicable upon the effective date of the
rules. Furthermore, reference to "once in, always in" in the
compliance date section in each of the applicable undesignated
heads is deleted. The staff believes that these compliance dates
are unnecessary since the provision is to become applicable upon
the effective date of the rules.

EPA commented that exhaust temperatures immediately downstream
of a direct-flame incinerator needed to be added to the recordkeeping
requirements of sec.115.136. Changes in this area are not within
the scope of allowable changes due to additional restrictiveness.
However, the changes will be incorporated in future rulemaking.

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code Annotated (Vernon
1990), which provides TACB with the authority to adopt rules
consistent with the policy and purpose of the TCAA.



sec.115.132. Control Requirements.


(a) For the counties referenced in sec.115.139 (a)
of this title (relating to Counties and Compliance Schedules),
no person shall use any single-or multiple-compartment volatile
organic compound (VOC) water separator, except for facilities
other than petroleum refineries in Gregg County, which separates
materials containing VOC obtained from any equipment which is
processing, refining, treating, storing, or handling VOC unless
each compartment is controlled in one of the following ways:


(1)-(3) (No change.)


(4) any water separator that becomes subject to the provisions
of paragraphs (1),(2), or (3) of this subsection by exceeding
provisions of sec.115.137(a) of this title (relating to Exemptions)
will remain subject to the provisions of this subsection, even
if throughput or emissions later fall below the exemption limits.


(b) (No change.)



sec.115.139. Counties and
Compliance Schedules.


(a) All affected persons in Brazoria, Dallas, El Paso,
Galveston, Gregg, Harris, Jefferson, Nueces, Orange, Tarrant,
and Victoria Counties shall be in compliance with this undesignated
head (relating to Water Separation) in accordance with the following
schedules.


(1) All Affected persons shall be in compliance with
all compliance schedules which have expired prior to January
1, 1991, in accordance with sec.115.930 of this title (relating
to Compliance Dates).


(2) All persons in Brazoria, Dallas, El Paso, Galveston,
Harris, Jefferson, Orange, and Tarrant Counties shall be in compliance
with the continuous monitoring requirements to determine carbon
adsorption system breakthrough and to measure temperature at
catalytic incinerators or chillers contained in sec.115.136
of this title (relating to Recordkeeping Requirements), aa soon
as practicable, but no later than July 31, 1992.


(b) (No change. )


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107564

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Subchapter C. Volatile Organic Compound Marketing Operations


Loading and Unloading of Volatile Organic Compounds


31 TAC sec.sec.115.212,
115.215, 115.216, 115.219


The Texas Air Control Board (TACB) adopts amendments to 
ssec.115.212, 115. 215, 115.216, and 115.219. Sections 115.212,
115.216, and 115.219 are adopted with changes to the proposed
text as published in the February 12, 1991, issue of the 
Texas Register (16
TexReg 830). Section 115.215
is adopted without changes
and will not be republished.

The amendment to sec.115.212 involves a provision stating
that if exemption limits are exceeded, then the requirements
of this section become applicable, and add requirements for Dallas,
El Paso, and Tarrant Counties. The amendment to sec.115.215
corrects the reference to a federal test method. The amendment
to sec.115.216 adds a requirement to monitor carbon adsorption
systems for breakthrough. The amendment to sec.115.219 updates
the expired compliance date and adds new compliance dates for
new requirements.

Public hearings were held on March 4, 1991 in Beaumont and
El Paso and on March 5, 1991 in Houston and Arlington. Testimony
was received from five commenters during the comment period.
The United States Environmental Protection Agency (EPA) supported
the proposed revisions. Four commenters opposed the proposed
amendments. They were the LTV Aerospace and Defense Company (LTV),
General Dynamics Corporation (GD), Mobil Oil Corporation (Mobil),
and Texas Chemical Council (TCC).

The intent of the "once in, always in" provision is that once
a facility is required to implement applicable control measures,
the facility needs to remain subject to controls even if emissions
or throughput later fall below applicable exemption limits. In
response to an EPA requirement, this provision was proposed for
rules concerning volatile organic compounds (VOC) loading/ unloading.
Five commenters submitted remarks concerning these proposed amendments.
Of the five, one simply indicated approval of the philosophy.
Two commenters, Mobil and TCC, requested clarification on whether
a facility which must be in compliance with control requirements
must maintain the controls because of the amendments, and whether
the controls are to be operated only during times when exemption
levels would be exceeded. The staff agreed and modified the wording
to more clearly establish that once a facility exceeds an exemption
level and must utilize controls, the facility will be required
to maintain the controls even if emissions or throughput are
later sustained at a level below any applicable exemption limit.

Four commenters, LTV, GD, Mobil, and TCC, were concerned that
the amendments would result in the loss of exemption status for
"a single excursion," "the smallest violation," or due to upsets
or maintenance activities. Although it is not entirely clear
what is meant by a single excursion or a small violation, the
staff agrees that EPA's intent with the provision is to require
a source exceeding the applicable exemption level to implement
controls. This, however, would not include uncontrollable, short-term
upsets or planned maintenance activities. Additionally, Mobil
and TCC wanted a definition of exceedance. The regulation previously
held and continues to hold the implicit understanding that upsets
and maintenance were to be handled by TACB rules dealing with
these issue and not by this regulation, unless otherwise specifically
stated. If an exceedance is not an upset, e.g., it is caused
by an increase in production, then the source is subject to the
control requirements. Each exceedance will need to be evaluated
on a case-by-case basis to determine whether it was an upset.
Therefore, the staff does not recognize the need to define the
term. LTV, GD, Mobil, and TCC also indicated concern that the
amendments required immediate compliance with the control requirements
upon exceedance of the exemptions. The staff position is that
applicable control measures are to be in place prior to changes
in operation or equipment that will result in increasing emissions
or throughput. Additionally, LTV commented that the date of May
31, 1991 conflicted with other dates in the rules. In the modified
wording for these proposed amendments, the date is removed because
the intent is that this provision should be applicable upon the
effective date of the rules. Furthermore, references to "once
in, always in" in the compliance date section in each of the
applicable undesignated head is recommended for deletion. The
staff believes that these compliance dates are unnecessary since
the provision is to become applicable upon the effective date
of the rules.

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code (Vernon 1990), which
provides the TACB with the authority to adopt rules Consistent
with the policy and purpose of the TCAA.



sec.Control Requirements.


(a) For all persons in the counties referenced in 
s115.219(a) of this title (relating to Counties and Compliance
Schedules), the following control requirements shall apply.


(1)-(3)  (No change.)


(4) No person in Dallas, El Paso, Harris, and Tarrant
Counties shall permit the transfer of gasoline from a transport
vessel into a gasoline bulk plant storage tank unless the following
requirements are met:


(A)-(E) (No change.)


(5) No person in Dallas, El Paso, Harris, and Tarrant
Counties shall permit the transfer of gasoline from a gasoline
bulk plant into a delivery tank-truck tank unless the following
requirements are met:


(A)-(G) (No change.)


(6) Any gasoline terminal or bulk plant that become subject
to the provisions of paragraphs (l), (2), (3), (4), or (5) of
this subsection by exceeding provisions of sec.115.217(a) of
this title (relating to Exemptions) will remain subject to the
provision of this subsection, even if throughput or emission
later fall below exemption limits.


(b)  (No change.)



sec.115.216. Recordkeeping Requirements.
 For the counties referenced
in sec.115.219(a) of this
title (relating to Counties
and Compliance Schedules), affected
by sec.115.211(a) of this
title (relating to Emission
Specifications), and sec.115.212(a)
of this title (relating
to Control Requirements), the
owner or operator of
any volatile organic compound
(VOC) loading or unloading
facility shall maintain the
following information at the
facility for at least
two years and shall make
such information available upon
request to representatives of
the Texas Air Control
Board, United States Environmental
Protection Agency, or local
air pollution control agency
having jurisdiction in the
area:


(1) (No change.)


(2) for vapor recovery system:


(A) (No change.)


(B) the inlet and outlet gas temperature of a chiller
or catalytic incinerator;


(C) the exhaust gas VOC concentration of any carbon adsorption
system to determine breakthrough; and


(D) the date and reason for any maintenance and repair
of the required control devices and the estimated quantity and
duration of VOC emissions during such activities.


(3)-(4) (No change.)



sec.115.219. Counties and
Compliance Schedules.


(a) All affected persons in Brazoria, Dallas, El ,Paso,
Galveston, Gregg, Harris, Jefferson, Nueces, Orange, Tarrant,
and Victoria Counties shall be in compliance with this undesignated
head (relating to Loading and Unloading of Volatile Organic Compounds)
in accordance with the following schedules.


(1) All affected persons shall be in compliance with
all compliance schedules which have expired prior to January
1, 1991, in accordance with sec.115.930 of this title (relating
to Compliance Dates).


(2) All persons in Dallas, El Paso, and Tarrant Counties
affected by the provisions of sec.115.212(a)(4) and (5) of
this title (relating to Control Requirements) shall be in compliance
as soon as practicable, but no later than July 31, 1992.


(3) All persons in Dallas and Tarrant Counties affected
by the provisions of sec.115.216(2)(C) of this title (relating
to Recordkeeping Requirements) shall be in compliance with the
sections as soon as practicable, but no later than July 31, 1992.


(b)  (No change.)


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107565

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Subchapter C. Volatile Organic Compound Marketing Operations


Filling of Gasoline Storage Vessels (STAGE I) for Motor Vehicle
Fuel Dispensing Facilities


31 TAC sec.115.222, sec.115.229


The Texas Air Control Board (TACB) adopts amendments to 
s115.222 and sec.115.229, with changes to the proposed text
as published in the February 12, 1991, issue of the Texas
Register (16 TexReg
830).

The amendment to sec.115.222 involves a provision stating
that if exemption limits are exceeded after May 31, 1991, requirements
of this section become applicable. The requirement are also being
added to Brazoria, Galveston, Jefferson, and Orange Counties.
The amendment to sec.115.229 updates the expired compliance
date and adds a new compliance date for new requirements.

Public hearings were held on March 4, 1991 in Beaumont and
El Paso and on March 5, 1991 in Houston and Arlington. Testimony
was received from six commenters during the comment period. The
United State Environmental Protection Agency (EPA) supported
the proposed revisions, in general. Five commenters opposed the
proposed amendments. They were the LTV Aerospace and Defense
Company (LTV), General Dynamics Corporation (GD), Mobil Oil Corporation
(Mobil), Texas Chemical Council (TCC), and Coalition Advocating
A Safe Environment (CASE).

The intent of the "once in, always in" provision is that once
a facility is required to implement applicable control measures,
the facility needs to remain subject to controls even if emissions
or throughput later fall below applicable exemption limits. In
response to an EPA requirement, this provision was proposed for
rules concerning Stage I. Five commenters submittedremarks concerning
these proposed amendments. Of the five, one simply indicated
approval of the philosophy. Two commenters, Mobil and TCC, requested
clarification on whether a facility which must be in compliance
with control requirements must maintain the controls because
of the amendments, and whether the controls are to be operated
only during times when exemption levels would be exceeded. The
staff agreed and modified the wording to more clearly establish
that once a facility exceeds an exemption level and must utilize
controls, the facility will be required to maintain the controls
even if emissions or throughput are later sustained at a level
below any applicable exemption limit.

Four commenters, LTV, GD, Mobil, and TCC, were concerned that
the amendments would result in the loss of exemption status for
"a single excursion," "the smallest violation," or due to upsets
or maintenance activities. Although it is not entirely clear
what is meant by a single excursion or a small violation, the
staff agrees that EPA's intent with the provision is to require
a source exceeding the applicable exemption level to implement
controls. This, however, would not include uncontrollable, short-term
upsets or planned maintenance activities. Additionally, Mobil
and TCC wanted a definition of exceedance. The regulation previously
held and continues to hold the implicit understanding that upsets
and maintenance were to be handled by TACB rules dealing with
these issues and not by this regulation, unless otherwise specifically
stated. If an exceedance is not an upset, e.g., it is caused
by an increase in production, then the source is subject to the
control requirements. Each exceedance will need to be evaluated
on a case-by-case basis to determine whether it was an upset.
Therefore, the staff does not recognize the need to define the
term.

LTV, GD, Mobil, and TCC also indicated concern that the amendments
required immediate compliance with the control requirements upon
exceedance of the exemptions. The staff position is that applicable
control measures are to be in place prior to changes in operation
or equipment that will result in increasing emissions or throughput.
Additionally, LTV commented that the date of May 31, 1991 conflicted
with other dates in the rules. In the modified wording for these
proposed amendments, the date is removed because the intent is
that this provision should be applicable upon the effective date
of the rules. Furthermore, references to "once in, always in"
in the compliance date section in each of the applicable undesignated
heads is recommended for deletion. The staff believes that these
compliance dates are unnecessary since the provision is to become
applicable upon the effective date of the rules.

EPA commented that the program for inspecting and certifying
gasoline tank trucks covered in sec.115.224(2) should be expanded
to Brazoria and Galveston Counties. Changes in this area are
not within the scope of this set of proposed revisions since
there are no substantive changes to this subparagraph. However,
these comments will be considered in future rulemaking.

The Coalition Advocating A Safe Environment (CASE) commented
that Jefferson and Orange Counties should be added to sec.115.229
making affected facilities in these counties use Stage I controls.
As indicated by the preamble to the Stage I rules, the addition
of Jefferson and Orange Counties to these requirements was intended.
However, reference to the two counties was inadvertently omitted
in the rules. The staff is now of the opinion that Jefferson
and Orange Counties cannot be added without conducting further
hearings on the matter. EPA has agreed that this issue can be
addressed in future rulemaking.

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code (Vernon 1990), which
provides the TACB with the authority to adopt rules consistent
with the policy and purpose of the TCAA.



sec.115.222. Control Requirements.
 For all affected persons
in the counties referenced
in sec.115.229 of this
title (relating to Counties
and Compliance Schedules), a
vapor balance system will
be assumed to comply
with the specified emission
limitation of sec.115.221 of
this title (relating to
Emission Specifications) if the
following conditions are met:


(1)-(6) (No change.)


(7) the gauge pressure in the tank-truck tank does not
exceed 18 inches of water (4.5 kPa) or vacuum exceed six inches
of water (1.5 kPa);


(8) no leak, as defined in sec.115.010 of this title
(relating to Definitions), exists from potential leak sources
when measured with a combustible gas detector; and


(9) any motor vehicle fuel dispensing facility that becomes
subject to the provisions of paragraphs (1)-(8) of this subsection
by exceeding provisions of sec.115.227 of this title (relating
to Exemptions) will remain subject to the provisions of this
subsection, even if throughput or emissions later fall below
exemption limits.



sec.115.229. Counties and
Compliance Schedule. All
affected persons in Brazoria,
Dallas, El Paso, Galveston,
Harris, and Tarrant Counties
shall be in compliance
with this undesignated head
(relating to Filling of
Gasoline Storage Vessels (Stage
I) For Motor Vehicle
Fuel Dispensing Facilities) in
accordance with the following
schedules.


(1) all affected persons shall be in compliance with
all compliance schedules which have expired prior to January
1, 1991, in accordance with sec.115. 930 of this title (relating
to Compliance Dates).


(2) All persons in Brazoria and Galveston Counties affected
by the provisions of sec.115.222(7) and (8) of this title (relating
to Control Requirements) shall be in compliance with this section
as soon as practicable, but no later than July 31, 1992.


This agency hereby certifies that the rules as adopted have
been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107566

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Subchapter C. Volatile Organic Compound Marketing Operations


Control of Volatile Organic Compound Leaks From Gasoline Tank-Trucks


31 TAC sec.115.239


The Texas Air Control Board (TACB) adopts an amendment to
sec.115.239, without changes to the proposed text as published
in the February 12, 1991, issue of the Texas
Register (16 TexReg
830).

The amendment to sec.115.239 updates the expired compliance
date and adds a new compliance date for the additional counties
of Brazoria, Galveston, Jefferson, and Orange now affected by
the requirement.

Public hearings were held on March 4, 1991 in Beaumont and
El Paso and on March 5, 1991 in Houston and Arlington. Testimony
was not received from any commenters during the comment period.

The amendment is adopted under Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code (Vernon 1990), which
provides the TACB with the authority to adopt rules consistent
with the policy and purposes of the TCAA.


This agency hereby certifies that the rules as adopted have
been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.

Issued in Austin, Texas, on June 25, 1991.

TRD-9107567

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Subchapter D. Petroleum Refining and Petrochemical Processes


Process Unit Turnaround and Vacuum-Producing Systems in Petroleum
Refineries


31 TAC sec.sec.115.315,
115.316, 115.319


The Texas Air Control Board (TACB) adopts amendments to 
ssec.115.315, 115. 316, and 115.319, and the repeal of 
s115.317. Section 115.319 is adopted with changes to the proposed
text as published in the February 12, 1991, issue of the 
Texas Register (16
TexReg 830). Sections 115.315,
115.316, and 115.317 are
adopted without changes and
will not be republished.

The amendment to sec.115.315 corrects a reference to a federal
test method. The amendment to sec.115.316 adds requirements
to monitor temperatures at catalytic incinerators or chillers
and carbon adsorption systems for breakthrough. The amendment
to sec.115.319 updates the expired compliance date and add
a new compliance date for new requirements. The repeal of 
s115.317 involves removal of the 100-pound per day exemption
from emissions specification requirements.

Public hearings were held on March 4, 1991, in Beaumont and
El Paso and on March 5, 1991, in Houston and Arlington. Testimony
was received from two commenters during the comment period. The
United States Environmental Protection Agency (EPA) supported
the proposed revisions. The Texas Chemical Council (TCC) opposed
the proposed amendments.

TCC objected to eliminating the exemption for vacuum-producing
systems emitting less than or equal to 100 pounds of VOC in any
consecutive 24-hour period, stating that controlling these sources
are not cot-effective and it would be difficult to meet the compliance
deadline in sec.115.319(2). Since the exemption is being repealed
per EPA's requirement, and the compliance time- line is also
established by EPA, the revisions will be left as proposed.

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code Annotated (Vernon
1990), which provides the TACB with the authority to adopt rules
consistent with the policy and purpose of the TCAA.



sec.115.319. Counties and
Compliance Schedules. All
affected persons in Brazoria,
Dallas, El Paso, Galveston,
Gregg, Harris, Jefferson, Nueces,
Orange, Tarrant, and Victoria
Counties shall be in
compliance with this undesignated
head (relating to Process
Unit Turnaround and Vacuum-Producing
Systems in Petroleum Refineries)
in accordance with the
following schedules:


(1) all compliance schedules which have expired prior
to January 1, 1991, in accordance with sec.115.930 of this
title (relating to Compliance Dates); and


(2) all persons in Brazoria, El Paso, Galveston, or Harris
Counties affected by the provisions of sec.115.316(1)(B) and
(C) of this title (relating to Recordkeeping Requirements) or
the repeal of sec.115.317 of this title (relating to Exemptions)
shall be in compliance with these sections as soon as practicable,
but no later than July 31, 1992.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107568

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Process Unit Turnaround and Vacuum-Producing Systems in Petroleum
Refineries


31 TAC sec.115.317


The repeal is adopted under Texas Clean Air Act (TCAA), 
s382.017, Texas Health and Safety Code Annotated (Vernon 1990),
which provides the TACB with the authority to adopt rules consistent
with the policy and purpose of the TCAA.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107569

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Fugitive Emission Control in Petroleum Refineries


31 TAC sec.sec.115.322,
115.324, 115.325, 115.327, 115.329


The Texas Air Control Board (TACB) adopts amendments to 
ssec.115.322, 115. 324, 115.325, 115.327, and 115.329. Sections
115.327 and 115.329 are adopted with changes to the proposed
text as published in the February 12, 1991, issue of the 
Texas Register (16
TexReg 830). Sections 115.322,
115.324, and 115.325 are
adopted without changes and
will not be republished.

The amendment to sec.115.322 adds a clarification for valve
closing during maintenance operations. The amendment to sec.115.324
increases the frequency of pump seal and liquid service pipeline
valves from annual to quarterly. The amendments to sec.115.325
replaces the reference to "actual operating temperature" with
a specific temperature. The amendment to sec.115.327 eliminates
the exemption for two-inch valves and lowers the exemption level
on liquid vapor pressure. The amendment to sec.115.329 updates
the expired compliance date and adds a new compliance date for
new requirements.

Public hearings were held on March 4, 1991, in Beaumont and
El Paso and on March 5, 1991, in Houston and Arlington. Testimony
was received from six commenters during the comment period. The
United States Environmental Protection Agency (EPA) supported
the proposed revisions. Five commenters opposed the proposed
amendments. They were the Texas Chemical Council (TCC), Mobil
Oil Corporation (Mobil), Chevron U.S.A., Inc. (Chevron), El Paso
Refinery, L.P., and one individual.

Both TCC and Mobil supported the additional requirement of
sec.115.322(4) to close the upstream valve prior to closing
the line in order to remove the sealing device from a line. Chevron,
however, felt this requirement was not enforceable since it was
difficult to demonstrate compliance. The staff included this
procedure because it clarifies the purpose of installing sealing
devices to avoid any preventable emissions during sampling or
maintenance.

An individual commented that rupture disks should be placed
downstream of pressure relief valves. While this proposal cannot
be incorporated at this time, this suggestion will be taken into
consideration for future revisions to the rule.

Comments were received from El Paso Refinery, L.P.; TCC; and
Mobil on the proposed changes to sec.115.324 regarding inspection
requirements in petroleum refineries. Both TCC and Mobil recommended
that quarterly measurements should be performed only on pump
seals and pipeline valves in light liquid service, and that all
other service be monitored only on an annual basis. El Paso Refinery,
L.P. proposed that pumps with dual mechanical seals, pumps with
a closed vent being sent to a control device, and pumps with
no detectable emissions be exempt from the requirements of 
s115.324. Since EPA requires that all pump seals and pipeline
valves be monitored on a quarterly basis, the amendments will
remain as proposed. Mobil and TCC also proposed changes to 
s115.324(8) that would authorize refinery units with two years
of annual data showing a 2.0% or less leak rate to immediately
be able to apply for an annual valve monitoring schedule. El
Paso Refinery, L.P. also commented on sec.115.324(8) , recommending
that a facility should qualify for an annual monitoring schedule
after only two quarters of monitoring which show no leaks. Since
sec.115.324(8) is not currently proposed for revision, it cannot
be changed at this time. However, the staff will take the suggestions
into consideration for future rulemaking.

Overall, the commenters supported the change in sec.115.325(2),
requiring that determination of true vapor pressure be based
on 68 Degrees Fahrenheit instead of actual operating temperature.
However, Chevron recommended that the test method be updated
from ASTM Method D323-82 to ASTM Method D323-89 and stated that
neither test method was appropriate to test for the new exemption
level of O.044 psia. The staff will evaluate the appropriateness
of changing test methods for future rulemaking.

Comments of a similar nature were received from Mobil and
TCC regarding sec.115.327, sec.115.337, and sec.115.347
which deal with exemptions from fugitive emissions controls.
In all three rules, the commenters wanted the proposed paragraph
(2), regarding exemptions from monitoring requirements, to affect
process liquids with a true vapor pressure equal to or less than
0.147 psia rather than those with a true vapor pressure equal
to or less than O.044 psia. Additionally, both commenters wanted
TACB to add exemptions from the monitoring requirements for valves
in instrument systems and valves that are unsafe to monitor.
Because EPA has required that, for RACT purposes, light liquids
be defined as those with true vapor pressures equal to or less
than O.044 psia, sec.115.327(2), sec.115.337(2), and sec.115.347(2)
shall remain as written with the exception of the correction
of typo-graphical changes. The proposed exemptions for instrument
system valves and valves considered unsafe to monitor will be
taken into consideration for future rulemaking.

EPA also noted the process liquid spot pressure cutoff point
listed for the exemption in sec.115.347(2) was incorrectly
listed as O.03 kPA, rather than O.3 kPa. The staff made the same
correction to sec.115.327(2) and sec.115.337(2).

An individual commented that the units exempted from monitoring
by sec.115. 327(4) should be under an inspection schedule.
Comments on this rule are not within the scope of the proposed
revisions since there are no substantive changes to this paragraph;
the paragraph number is simply being changed. However, these
comments will be considered in future rulemaking.

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code Annotated (Vernon
1990), which provides TACB with the authority to adopt rules
consistent with the policy and purpose of the TCAA.



sec.115.327. Exemptions.
For all affected persons
in the counties referenced
in sec.115.329 of this
title (relating to Counties
and Compliance Schedules), the
following exemptions shall apply.


(1)  Components which contact a process fluid that contains
less than 10% Volatile Organic Compound (VOC) by weight are exempt
from the requirements of this undesignated head (relating to
Fugitive Emission Control in Petroleum Refineries).


(2) Components which contact a process liquid containing
VOC having a true vapor pressure equal to or less than 0.044
psia (0.3 kPa) at 68 Degrees Fahrenheit (20 Degrees Celsius)
are exempt from the requirements of sec.115.324 of this title
(relating to Inspection Requirements) if the components are inspected
visually according to the inspection schedules specified within
this same section.


(3) Petroleum refineries or individual process units
in a temporary nonoperating status shall submit a plan for compliance
with the provisions of this undesignated head (relating to Fugitive
Emission Control in Petroleum Refineries), as soon as practicable,
but no later than one month before the process unit is scheduled
for start-up and be in compliance as soon as practicable, but
no later than three months after start-up. All petroleum refineries
affected by this paragraph shall notify the Texas Air Control
Board of any nonoperating refineries or individual process units
when they are shut down and dates of any start-ups as they occur.


(4) Pressure relief devices connected to an operating
flare header, components in continuous vacuum service, storage
tank valves, and valves that are not externally regulated (such
as in-line check valves) are exempt from the monitoring requirement
of sec.115. 324 of this title (relating to Inspection Requirements).


(5)  Compressors in hydrogen service are exempt from
the requirements of sec.115. 324 of this title (relating to
Inspection Requirements) if the owner or operator demonstrates
that the percent hydrogen content can be reasonably expected
to always exceed 50.0% by volume.



sec.115.329. Counties and
Compliance Schedules. All
affected persons in Brazoria,
Dallas, El Paso, Galveston,
Gregg, Harris, Jefferson, Nueces,
Orange, Tarrant, and Victoria
Counties shall be in
compliance with this undesignated
head (relating to Fugitive
Emission Control in Petroleum
Refineries) in accordance with
the following schedules.


(1) All affected persons shall be in compliance with
all compliance schedules which have expired prior to January
1, 1991, in accordance with sec.115.930 of this title (relating
to Compliance Dates).


(2) All persons in Brazoria, Dallas, El Paso, Galveston,
Harris, Jefferson, Orange, and Tarrant Counties affected by the
provisions of sec.115.324(2)(B)-(C) of this title (relating
to Inspection Requirements) and sec.115.327(2) of this title
(relating to Exemptions) shall be in compliance with these sections
as soon as practicable, but no later than July 31, 1992.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107570

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Fugitive Emission Control in Synthetic Organic Chemical Polymer,
Resin, and Methyl Tert-Butyl Ether Manufacturing Process


31 TAC sec.sec.115.332,
115.334, 115.335, 115.337, and 115.339


The Texas Air Control Board (TACB) adopts amendments to 
ssec.115.332, 115. 334, 115.335, 115.337 and 115.339, with
changes to the proposed text as published in the February 12,
1991, issue of the Texas Register
 (16 TexReg 830-855).

The amendment to sec.115.332 adds methyl tert-butyl ether
to applicability under the regulation and clarifies the valve
closing sequence during maintenance operations. The amendment
to sec.115.334 clarifies and consolidates how a leaking component
is to be detected. The amendment to sec.115.335 replaces actual
operating temperature with a specific temperature. The amendment
to sec.115.337 eliminates the exemption for two-inch valves
and lower the exemption level on liquid vapor pressure. The amendment
to sec.115.339 updates the expired compliance date and add
a new compliance date for new requirements.

Public hearings were held on March 4, 1991, in Beaumont and
El Paso and on March 5, 1991, in Houston and Arlington. Testimony
was received from three commenters during the comment period.
The United States Environmental Protection Agency (EPA) supported
the proposed revisions. Mobil Oil Corporation (Mobil) and the
Texas Chemical Council (TCC) opposed the proposed amendments.

Comments of a similar nature were received from Mobil and
TCC regarding sec.sec.115.327, 115.337, and 115.347 which
deal with exemptions from fugitive emissions controls. In all
three rules, the commenters wanted the proposed subparagraph
(2), regarding exemptions from monitoring requirements, to affect
process liquids with a true vapor pressure equal to or less than
0.147 psia rather than those with a true vapor pressure equal
to or less than O.044 psia.

Additionally, both commenters wanted TACB to add exemptions
from the monitoring requirements for valves in instrument system
sand valves that are unsafe to monitor. Because EPA has required
that, for RACT purposes, light liquids be defined as those with
true vapor pressure equal to or less than O. 044 psia, sec.115.327(2),
sec.115.337(2), and sec.115.347(2) shall remain as written
with the exception of the correction of typographical changes.
The proposed exemptions for instrument system valves and valves
considered unsafe to monitor will be taken into consideration
for future rulemaking.

EPA noted that references to methyl tert-butyl ether (MTBE)
manufacturing processes were not included in sec.115.337. Since
references to MTBE were inadvertently left out of several rules,
corrections are made in all cases.

EPA also noted the process liquid spot pressure cutoff point
listed for the exemption in sec.115.347(2) was incorrectly
listed as 0.03 kPA, rather than 0.3 kPa. The staff made the same
correction to sec.115.327(2) and sec.115.337(2).

Mobil and TCC commented that sec.115.334 and sec.115.344
should continue to treat leaks identified by sound or smell as
potential leaks only and that testing should be performed to
verify leaks before tagging and scheduling for repair. The staff
does not support these arguments because hydrocarbon analyzers
often are not effective in detecting leaks of heavier process
fluids due to low vapor pressures. Therefore, the amendment shall
remain as proposed.

TCC and Mobil argued that sec.115.335 should be revised
to allow use of calculations to determine the Reid vapor pressure
of individual chemical compounds. Due to the variety of ways
that such a value may be calculated, the staff cannot support
use of these methods as adequate support to show compliance.

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code Annotated (Vernon
1990), which provides TACB with the authority to adopt rule consistent
with the policy and purpose of the TCAA.



sec.115.332. Control Requirements.
 For the counties referenced
in sec.115.339 of this
title (relating to Counties
and Compliance Schedules), no
person shall operate a
synthetic organic chemical, polymer,
resin, or methyl tert-butyl
ether (MTBE) manufacturing process,
as defined in sec.115.10
of this title (relating
to Definitions) without complying
with the following requirements.


(1)-(3) (No change.)


(4) Except for safety pressure relief valves, no valves
shall be installed or operated at the end of a pipe or line containing
VOC unless the pipe or line is sealed with a second valve, a
blind flange, a plug, or a cap. The sealing device may be removed
only while a sample is being taken or during maintenance operations,
and when closing the line, the upstream valve shall be closed
first.


(5) (No change.)



sec.115.334. Inspection Requirements.
 For all affected persons
in the counties referenced
in sec.115.339 of this
title (relating to Counties
and Compliance Schedules), the
following inspection requirements
shall apply.


(1) The owner or operator of a synthetic organic chemical,
polymer, resin, or methyl tert-butyl ether (MTBE) manufacturing
process shall conduct a monitoring program consistent with the
following provisions:


(A)-(C)  (No change.)


(D) measure (with a hydrocarbon gas analyzer) emissions
from any relief valve which has vented to the atmosphere within
24 hours;


(E) measure (with a hydrocarbon gas analyzer) immediately
after repair the emissions from any component that was found
leaking.


(2) The owner or operator of a synthetic organic chemical,
polymer, resin, or MTBE manufacturing process upon the detection
of a leaking component by use of an instrument, or by sight,
sound, or smell shall affix to the leaking component a weatherproof
and readily visible tag, bearing an identification number and
the date the leak was located. This tag shall remain in place
until the leaking component is repaired.


(3) (No change.)



sec.115.335. Testing Requirements.
 For the counties referenced
in sec.115.339 of this
title (relating to Counties
and Compliance Schedules), compliance
with this undesignated head
(relating to Fugitive Emission
Control in Synthetic Organic
Chemical, Polymer, Resin, and
Methyl Tert-Butyl Ether Manufacturing
Processes) shall be determined
by applying the following
test methods, as appropriate:


(1) (No change.)


(2) determination of true vapor pressure using American
Society for Testing and Materials Test Method D323-82 for the
measurement of Reid vapor pressure, adjusted for 68 Degrees Fahrenheit
(20 Degrees Celsius) in accordance with API Publication 2517,
Third Edition, 1989; or


(3) (No change.)



sec.115.337. Exemptions.
For the counties referenced
in sec.115. 339 of
this title (relating to
Counties and Compliance Schedules),
the following exemptions shall
apply.


(1) Components which contact a process fluid that contains
less than 10% volatile organic compound (VOC) by weight are exempt
from the requirements of this undesignated head (relating to
Fugitive Emission Control in Synthetic Organic Chemical, Polymer,
Resin, and Methyl Tert-Butyl Ether Manufacturing Processes).


(2) Components which contact a process liquid containing
VOC having a true vapor pressure equal to or less than 0.044
psia (0.3 kPa) at 68 Degrees Fahrenheit (20 Degrees Celsius)
are exempt from the requirements of sec.115.334 of this title
(relating to Inspection Requirements) if the components are inspected
visually according to the inspection schedules specified within
this same section.


(3) Synthetic organic chemical, polymer, resins, and
methyl tert-butyl ether (MTBE) manufacturing process units in
a temporary nonoperating status shall submit a plan for compliance
with the provisions of this undesignated head (relating to Fugitive
Emission Control in Synthetic Organic Chemical, Polymer, Resin,
and Methyl Tert-Butyl Ether Manufacturing Processes) within one
month prior to start-up and be in compliance as soon as practicable,
but no later than three months after start-up. All synthetic
organic chemical, polymer, resin, and MTBE manufacturing processes
affected by this subsection shall notify the Texas Air Control
Board of any nonoperating process units when they are shut down
and dates of any start-ups as they occur.


(4) Processes at the same location, but unrelated to
the production of synthetic organic chemicals, polymers, resins,
and MTBE are exempt from the requirements of this undesignated
head (relating to Fugitive Emission Control in Synthetic Organic
Chemical, Polymer, Resin, and Methyl Tert-Butyl Ether Manufacturing
Processes).


(5)  The following items are exempt from the monitoring
requirements of sec.115. 334 of this title (relating to Inspection
Requirements):


(A)-(D) (No change.)



sec.115.339. Counties and
Compliance Schedules. All
affected persons in Harris
County shall be in compliance
with this undesignated head
(relating to Fugitive Emission
Control in Synthetic Organic
Chemical, Polymer, Resin, and
Methyl Tert-Butyl Ether Manufacturing
Processes) in accordance with
all compliance schedules which
have expired prior to
January 1, 1991, in accordance
with sec.115.930 of this
title (relating to Compliance
Dates), except that persons
affected by the addition
of methyl tert-butyl ether
manufacturing processes to 
s115.332 of this title (relating
to Control Requirements), 
s115. 334(1) and (2) of
this title (relating to
Inspection Requirements), sec.115.335
of this title (relating
to Testing Requirements), 
s115.336 of this title (relating
to Recordkeeping Requirements),
and sec.115.337 of this
title (relating to Exemptions)
shall be in compliance
with these sections as
soon as practicable, but
no later than July 31,
1992.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107571

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Fugitive Emission Control In Natural Gas/Gasoline Processing
Operation


31 TAC sec.sec.115.342,
115.344, 115.345, 115.347, 115.349


The Texas Air Control Board (TACB) adopts amendments to 
ssec.115.342, 115.344, 115.345, 115.347 and 115.349. Sections
115.347 and 115.349 are adopted with changes to the proposed
text as published in the February 12, 1991, issue of the 
Texas Register (16
TexReg 830). Sections 115.342,
115. 344, and 115.345
are adopted without changes
and will not be republished.

The amendment to sec.115.342 adds a procedural clarification
for valve closings during maintenance operations. The amendment
to sec.115.344 clarifies and consolidates how a leaking component
is to be detected. The amendment to sec.115.345 replaces the
reference to "actual operating temperature" with a specific temperature.
The amendment to sec.115.347 eliminates the exemption for two-inch
and smaller valve, lower the exemption level on liquid vapor
pres- ure, and modify several citations. The amendment to 
s115.349 updates the expired compliance date and add a new
compliance date for new requirements.

Public hearings were held on March 4, 1991, in Beaumont and
El Paso and on March 5, 1991, in Houston and Arlington. Testimony
was received from three commenters during the comment period.
The United States Environmental Protection Agency (EPA) supported
the proposed revisions. Mobil Oil Corporation (Mobil) and the
Texas Chemical Council (TCC) opposed the proposed amendments.

Comments of a similar nature were received from Mobil and
TCC regarding sec.sec.115.327, 115.337, and 115.347 which
deal with exemptions from fugitive emissions controls. In all
three rules, the commenters wanted the proposed paragraph (2),
regarding exemptions from monitoring requirements, to affect
process liquids with a true vapor pressure equal to or less than
0.147 psia rather than those with a true vapor pressure equal
to or less than 0.044 psia. Additionally, both commenters wanted
TACB to add exemptions from the monitoring requirements for valves
in instrument systems and valves that are unsafe to monitor.
Because EPA has required that, for RACT purposes, light liquids
be defined as those with true vapor pressures equal to or less
than 0.044 pia, sec.115.327(2), sec.115.337(2), and sec.115.347(2)
shall remain as written with the exception of the correction
of typographical changes. The proposed exemptions for instrument
system valves and valves considered unsafe to monitor will be
taken into consideration for future rulemaking.

EPA also noted the process liquid spot pressure cutoff point
listed for the exemption in sec.115.347(2) was incorrectly
listed as 0.03 kP, rather than 0.3 kPa. The staff made the same
correction to sec.115.327(2) and sec.115.337(2).

Mobil and TCC commented that sec.115.334 and sec.115.344
should continue to treat leaks identified by sound or smell as
potential leaks only and that testing should be performed to
verify leaks before tagging and scheduling for repair. The staff
does not support these arguments because hydrocarbon analyzers
often are not effective in detecting leaks of heavier process
fluids due to low vapor pressures. Therefore, the amendments
should remain as proposed.

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Heath and Safety Code Annotated (Vernon
1990), which provides TACB with the authority to adopt rules
consistent with the policy and purpose of the TCAA.



sec.115.347. Exemption.
For the counties referenced
in sec.115. 349 of
this title (relating to
Counties and Compliance Schedules),
the following exemptions shall
apply.


(1) Components which contact a process fluid that contains
less than 1.0% volatile organic compound (VOC) by weight are
exempt from the requirements of this undesignated head (relating
to Fugitive Emission Control in Natural Gas/Gasoline Processing
Operations).


(2) Components which contact a process liquid containing
VOC having a true vapor pressure equal to or less than 0.044
psia (0.3 kPa) at 68-Degrees Fahrenheit (20-Celsius) are exempt
from the requirements of sec.115.344 of this title (relating
to Inspection Requirements) if the components are inspected visually
according to the inspection schedules specified within this same
section.


(3) Natural gas/gasoline processing units in a temporary
nonoperating status and which satisfy the conditions of paragraphs
(1) and (2) of this section are exempt from the requirements
of this undesignated head (relating to Fugitive Emission Control
in Natural Gas/Gasoline Processing Operations). All natural gas/gasoline
processing operations affected by this paragraph shall notify
the Texas Air Control Board of any non-operating process units
when they are shut down and dates of any start-ups as they occur.


(4)  Processes at the same location but unrelated to
the production of natural gas/gasoline processing are exempt
from the requirements of this undesignated head (relating to
Fugitive Emission Control in Natural Gas/Gasoline Processing
Operations).


(5) Natural gas/gasoline processing units where the total
design throughput at a property is less than 10 million standard
cubic feet of gas per day and there is no capability to fractionate
the mixed natural gas liquids are exempt from the requirements
of this undesignated head (relating to Fugitive Emission Control
in Natural Gas/Gasoline Processing Operations).


(6) The following items are exempt from the monitoring
requirements of sec.115.344(1) of this title (relating to Inspection
Requirements):


(A)-(D)  (No change.)



sec.115.349. Counties and
Compliance Schedules. All
affected persons in Harris
County shall be in compliance
with this undesignated head
(relating to Fugitive Emission
Control in Natural Gas/Gasoline
Processing Operations) in accordance
with all compliance schedules
which have expired prior
to January 1, 1991, in
accordance with sec.115.930 of
this title (relating to
Compliance Dates), except that
all persons affected by
sec.115.347(2) of this title
(relating to Exemptions) and
the deletion of exemptions
for two-inch valves, shall
be in compliance with
these sections as soon
as practicable, but no
later than July 31, 1992.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107572

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Subchapter E. Solvent-Using Processes


Degreasing Processes


31 TAC sec.115.417, sec.115.419


The Texas Air Control Board (TACB) adopts amendments to 
s115.417 and sec.115.419, with changes to the proposed text
as published in the February 12, 1991, issue of the Texas
Register (16 TexReg
830).

The amendment to sec.115.417 deletes the three pounds per
day exemption in Dallas, El Paso, Harris, and Tarrant Counties.
The amendment to sec.115.419 updates the expired compliance
date and adds a new compliance date for new requirements.

Public hearings were held on March 4, 1991, in Beaumont and
El Paso and on March 5, 1991, in Houston and Arlington. Testimony
was received from three commenters during the comment period.
The United States Environmental Protection Agency (EPA) supported
the proposed revisions. General Dynamics Corporation (GD) and
the City of Dallas opposed the proposed amendments.

Both GD and the City of Dallas opposed the repeal of the three
pounds of VOC per day exemption for degreasing operations in
Dallas, Tarrant, and Harris Counties. Elimination of this exemption
is mandated by EPA despite resource difficulties expressed by
the staff regarding enforcement. Inequities noted by GD regarding
a 550-pound per day exemption for El Paso degreasing operations
will be taken into consideration and are expected to be removed
in future rulemaking associated with "leveling the playing field."

EPA noted that although a compliance schedule subsection 
s115.419(3) is proposed for deletion, it is referred to in
sec.115.417(7), concerning exemptions, which was not proposed
for repeal. EPA felt that sec.115.419(3) should therefore be
retained. Due to the deletion of the three pounds per hour exemption
in Dallas and Tarrant Counties, it is no longer necessary to
retain sec.115.417(7). Staff deleted both sec.115.419(3)
and sec.115.417(7).

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code Annotated (Vernon
1990), which provides TACB with the authority to adopt rules
consistent with the policy and purpose of the TCAA.



sec.115.417. Exemptions.
For the counties referenced
in sec.115. 419 of
this title (relating to
Counties and Compliance Schedules),
the following exemptions shall
apply.


(1)-(2) (No change.)


(3) Degreasing operations located on any property in
any affected counties except Dallas, El Paso, Harris, and Tarrant
which can emit, when uncontrolled, a combined weight of volatile
organic compounds (VOC) less than 550 pounds (249.5 kg) in any
consecutive 24-hour period are exempt from the provisions of
sec.115.412 of this title (relating to Control Requirements).


(4) Any conveyorized degreaser with less than 20 ft2
(2 m2) of air/vapor interface is exempt from the requirement
of sec.115.412(3)(A) of this title (relating to Control Requirements).


(5) Any open-top vapor degreaser with an open area less
than 10 ft2 (1 m2) is exempt from the refrigerated chiller or
the carbon adsorber requirements in sec.115.412(2)(D)(ii) and
(iv) of this title (relating to Control Requirements).


(6) An owner or operator who operates a remote reservoir
cold solvent cleaner which uses solvent with a true vapor pressure
equal to or less than 0.6 psia (4.1 kPa) measured at 100 Degrees
Fahrenheit (38 Degrees Celsius) and which has a drain area less
than 16 in2 (100cm2) and who properly disposes of waste solvent
in enclosed containers is exempt from sec.115.412(1) of this
title (relating to Control Requirements).



sec.115.419. Counties and
Compliance Schedules. All
affected persons in Brazoria,
Dallas, El Paso, Galveston,
Gregg, Harris, Jefferson, Nueces,
Orange, Tarrant, and Victoria
Counties shall be in
compliance with this undesignated
head (relating to Degreasing
Processes) in accordance with
the following schedules.


(1) All affected persons shall be in compliance with
all compliance schedules which have expired prior to January
1, 1991, in accordance with sec.115.930 of this title(relating
to Compliance Dates).


(2) All persons in El Paso County affected by the provisions
of sec.115. 417(3) of this title (relating to Exemption) shall
be in compliance with this section as soon as practicable, but
no later than July 31, 1992.


(3)  All person in Dallas, Harris, and Tarrant Counties
affected by the deletion of any exemptions from sec.115.417
of this title (relating to Exemptions) shall be in compliance
with this section as soon as practicable, but no later than July
31, 1992.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107573

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Subchapter E. Solvent-Using Processes


Surface Coating Processes


31 TAC sec.sec.115.421-115.427,
115.429


The Texas Air Control Board (TACB) adopts amendments to 
ssec.115.421-115. 423, 115.425-115.427, and 115.429, and
new sec.115.424. Sections 115.422, 115.423, 115.426, 115.427,
and 115.429 are adopted with changes to the proposed text as
published in the February 12, 1991, issue of the Texas
Register (16 TexReg
830). Sections 115.421, 115.424,
and 115.425 are adopted
without change and will
not be republished.

The amendment to sec.115.421 modifies the basis of allowable
emissions from pounds volatile organic compounds (VOC) per gallon
of coating (minus water) to pounds of VOC per gallon of solids
for large appliance, furniture, coil, paper, fabric, vinyl, can,
and miscellaneous metal parts and products coatings. The amended
allowable emissions are equivalent to those used in the previous
version of the rule. The applicability of the limitations were
changed from the application system to each coating line to provide
for "line by line" compliance as required by the United States
Environmental Protection Agency (EPA). Plastisol coatings were
added to the limitations for vinyl coating. The phrase "and exempt
solvents" was included with water when determining pounds per
gallon of coating. In the section on automobile and light-duty
truck coating, the assumed transfer efficiency was changed from
30% to 65% and the term "air spray applicator or equivalent"
changed to "all application equipment" to meet EPA requirements.

The amendment to sec.115.422 involves a provision stating
that if exemption limits are exceeded after May 31, 1991, requirements
of this section become applicable. The amendment to sec.115.423
adds clarifying language to several subsections. Most substantively,
the method to test for capture efficiency of a vapor recovery
system was added to paragraph (3), and a cautionary statement
was added to paragraph (4) to indicate that EPA approval may
be needed for alternate controls.

The amendments to sec.115.424 adds clarifying language and
requires that samples of the coatings for analysis be supplied
to TACB, federal, or local program inspectors at no cost. The
amendments to sec.115.425 and sec.115.426 correct respective
referenced citations. The requirement to continuously monitor
carbon adsorption bed exhaust to determine if breakthrough has
occurred is also added to the latter section.

The amendment to sec.115.427 involves deleting an obsolete
exemption and correcting all citation references. EPA also requires
that the documentation required to qualify for an exemption be
approved by both the TACB executive director and EPA. The amendment
to sec.115.429 updates the expired compliance date and adds
new compliance date for new requirements.

Public hearings were held on March 4, 1991, in Beaumont and
El Paso and on March 5, 1991, in Houston and Arlington. Testimony
was received from eight commenters during the comment period.
EPA and one individual supported the proposed revisions. Six
commenters opposed the proposed amendments. They were the LTV
Aerospace and Defense Company (LTV), General Dynamics Corporation
(GD), Mobil Oil Corporation (Mobil), the Texas Chemical Council
(TCC), the United States Air Force (USAF), and the City of Dallas.

The intent of the "once in, always in" provision is that once
a facility is required to implement applicable control measures,
the facility needs to remain subject to controls even if emissions
or throughput later fall below applicable exemption limits. In
response to an EPA requirement, this provision was proposed for
rules concerning surface coating. Five commenters submitted remarks
concerning these proposed amendments. Of the five, one simply
indicated approval of the philosophy. Two commenters, Mobil and
TCC, requested clarification on whether a facility which must
be in compliance with control requirements must maintain the
controls because of the amendments, and whether the controls
are to be operated only during times when exemption levels would
be exceeded. The staff agreed and modified the wording to more
clearly establish that once a facility exceeds an exemption level
and must utilize controls, the facility will be required to maintain
the controls even if emissions or throughput are later sustained
at a level below any applicable exemption limit.

Four commenters, LTV, GD, Mobil, and TCC, were concerned that
the amendments would result in the loss of exemption status for
"a single excursion," "the smallest violation," or due to upsets
or maintenance activities. Although it is not entirely clear
what is meant by a single excursion or a small violation, the
staff agrees that EPA's intent with the provision is to require
a source exceeding the applicable exemption level to implement
controls. This, however, would not include uncontrollable, short-term
upsets or planned maintenance activities. Additionally, Mobil
and TCC wanted a definition of exceedance. The regulation previously
held and continues to hold the implicit understanding that upsets
and maintenance were to be handled by TACB rules dealing with
these issues and not by this regulation, unless otherwise specifically
stated. If an exceedance is not an upset, e.g. it is caused by
an increase in production, then the source is subject to the
control requirements. Each exceedance will need to be evaluated
on a case-by-case basis to determine whether it was an upset.
Therefore, the staff does not recognize the need to define the
term.

LTV, GD, Mobil, and TCC also indicated concern that the amendments
required immediate compliance with the control requirements upon
exceedance of the exemptions. The staff position is that applicable
control measures are to be in place prior to changes in operation
or equipment that will result in increasing emissions or throughput.
Additionally, LTV commented that the date of May 31, 1991, conflicted
with other dates in the rules. In the modified wording for these
proposed amendments, the date is removed because the intent is
that this provision should be applicable upon the effective date
of the rules. Furthermore, reference to "once in, always in"
in the compliance date section in each of the applicable undesignated
heads is recommended for deletion. The staff believes that these
compliance date are unnecessary since the provision is to become
applicable upon the effective date of the rules.

USAF commented that the costs of obtaining line-by-line compliance
and implementing changes brought about by new definitions would
have extreme implications. The staff agrees that costs are likely
to substantially increase as a result of these EPA requirements.
Furthermore, the staff believes that refinement of EPA definitions
is necessary. Future rulemaking on this subject is anticipated.

GD objected to the changing of baseline transfer efficiency
for automobile and light-duty truck refinishers in Dallas and
Tarrant Counties from 30% to 65% in sec.115.421(8)(C). This
change in transfer efficiency, however, was made per EPA requirements
and, therefore, will not be deleted.

EPA commented that the "once in, always in" provision of the
surface coating control requirements section should also encompass
the emissions specifications section (sec.115.421). Such changes
cannot be made without additional public hearings, since the
revision was not part of the current proposal.

The City of Dallas asked for clarification of the purpose
of having solvent directed into a container to prevent evaporation
as specified by sec.115.422(1)(C) and sec.115.421(9)(C).
The City of Dallas contends that the VOCs will be emitted at
another location and, therefore, no credit should be given for
VOC handled as specified. The staff feels that by requiring solvent
to be directed into containers, recycling and reuse is promoted,
thereby reducing the potential for region wide emissions.

USAF was concerned with the addition of capture efficiency
testing to sec.115. 423(3), saying the requirement is burdensome,
expensive, and added time delays. The staff amended the wording
to clarify that capture efficiency testing is not automatically
required for all facilities. However, the actual method to test
for capture efficiency has been established by EPA and will be
required by EPA in future TACB rulemaking.

LTV objected to the addition of wording to sec.115.423(4)
regarding EPA approval of certain alternate control requirements
(ACRs) due to added review time. EPA has maintained throughout
the years that if an ACR has conditions that are not specified
in Regulation V, then the ACR constitutes a revision to the state
implementation plan, which requires EPA approval. The staff's
wording establishes EPAs' requirements for ACRs and will remain
as written.

Comments were received from GD, LTV, and the City of Dallas
stating that the emissions limitations for the exemption addressed
in sec.115.427(6)(A) were too restrictive. However, these exemption
levels are contained in the currently implemented version of
Regulation V and were effective on August 31, 1990, in Dallas
and Tarrant Counties and on December 31, 1990, in El Paso and
Harris Counties. The implication that the current proposal changes
those compliance dates to July 31, 1992, is erroneous. Since
TACB is not proposing a relaxation of the compliance dates or
the exemption levels, the exemption will remain as it is currently
worded with a deletion of the compliance date.

GD commented on the syntax of the surface coating exemption
in sec.115.427(6) (B). A phrase was added stating that in order
for the exemption to be granted by the executive director, documentation
had to be provided showing control equipment is not technically
or economically feasible. However, with the phrase inserted where
proposed, the exemption appears to require documentation that
the necessary coating performance and control equipment are not
technically or economically feasible, and that the performance
and controls cannot be achieved with compliant coatings. To correctly
reflect the intent of the changes to this exemption, the phrase
regarding control equipment was simply moved to the end of the
sentence

USAF and GD provided comments stating that operations such
as touch-up swabs, spray cans, and artists' paint brushes should
be explicitly exempt from emissions specifications. The staff
feels, however, that the three-pound per hour, 15-pound per day
exemption in sec.115.427(6)(A) covers these operations adequately,
and if a facility exceeds the exemption limitations, state-wide
actions should be taken.

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code Annotated (Vernon
1990), which provides TACB with the authority to adopt rules
consistent with the policy and purpose of the TCAA.



sec.115.422. Control Requirements.
 For the counties referenced
in sec.115.429(2)(A) of this
title(relating to Counties and
Compliance Schedules):


(1) any automobile refinishing operation shall minimize
volatile organic compound (VOC) emissions during equipment cleanup
by the following procedures:


(A) install and operate a system which totally encloses
spray guns, cups, nozzles, bowls, and other parts during washing,
rinsing, and draining procedures;


(B) recycle all wash solvents from an enclosed reservoir
which must be kept closed at all times, except when being refilled
with fresh solvent solution; and


(C) dispose of all waste solvents and associated cleaning
material in closed containers;


(2) any surface coating operation that becomes subject
to the provisions of paragraph (1)(A), (B), and (C) of this section
by exceeding the provisions of sec.115.427 of this title (relating
to Exemptions) shall remain subject to the provisions of this
paragraph, even if throughput or emissions later fall below exemption
limits.



sec.115.423. Alternate Control
Requirements. For all affected
persons in the counties
referenced in sec.115.429 of
this title (relating to
Counties and Compliance Schedules),
the following alternate control
techniques may apply.


(1) (No change.)


(2) Any alternate methods of demonstrating and documenting
continuous compliance with the applicable control requirements
or exemption criteria, such as use of improved transfer efficiency
in this section, may be approved by the executive director in
accordance with sec.115.910 of this title (relating to Alternate
Means of Control) if emission reductions are demonstrated to
be substantially equivalent.


(3) If a vapor recovery system is used to control emissions
from coating operations, the capture and abatement system shall
be capable of achieving and maintaining emission reductions equivalent
to the emission limitations of sec.115.421 of this title (relating
to Emission Specifications) and an overall control efficiency
of at least 80% of the VOC emissions from those coatings. The
owner or operator of any surface coating facility shall submit
design data for each capture system and emission control device
which is proposed for use to the executive director for approval.
Any capture efficiency testing shall be performed in accordance
with sec.115.425(2)(D) of this title (relating to Testing Requirements).


(4)  For any surface coating process or processes at
a specific property, the executive director may approve requirements
different from those in sec.115.421(9) based upon his determination
that such requirements will result in the lowest emission rate
that is technologically and economically reasonable. When he
makes such a determination, the executive director shall specify
the date or dates by which such different requirements shall
be met and shall specify any requirements to be met in the interim.
If the emissions resulting from such different requirements equal
or exceed 25 tons a year for a property, the determinations for
that property shall be reviewed every two years. Executive director
approval does not necessarily constitute satisfaction of all
federal requirements nor eliminate the need for approval by the
United States Environmental Protection Agency in cases where
specified criteria for determining equivalency have not been
clearly identified in applicable sections of this chapter.



sec.115.426. Recordkeeping Requirements.
 For the counties referenced
in sec.115.429 of this
title (relating to Counties
and Compliance Schedules), the
following recordkeeping requirements
shall apply.


(1)  (No change.)


(2) The owner or operator of any surface coating facility
which utilizes a vapor recovery system approved by the executive
director in accordance with sec.115.423(3) of this title (relating
to Alternate Control Requirements) shall:


(A) install and maintain monitors to accurately measure
and record operational parameters of all required control devices
as necessary to ensure the proper functioning of those devices
in accordance with design specifications, including:


(i) (No change.)


(ii) the total amount
of VOC recovered by carbon
adsorption or other solvent
recovery systems during a
calendar month;


(iii) continuous monitoring
of carbon adsorption bed
exhaust to determine if
breakthrough has occurred; and


(iv) the dates and
reasons for any maintenance
and repair of the required
control devices and the
estimated quantity and duration
of VOC emissions during
such activities;


(B)-(C) (No change.)


(3)  In accordance with the schedule referenced in 
s115.429(1), records shall be maintained sufficient to document
the applicability of the conditions for exemptions referenced
in sec.115.427 of this title (relating to Exemptions).



sec.115.427. Exemptions.
For the counties referenced
in sec.115. 429 of
this title (relating to
Counties and Compliance Schedule),
the following exemption shall
apply.


(1)-(5) (No change.)


(6) In accordance with the schedule referenced in 
s115.429(1), the following exemptions shall apply to surface
coating operations in Dallas, El Paso, Harris, and Tarrant Counties,
except for aircraft prime coating controlled by sec.115.421(9)(A)(v)
of this title (relating to Emission Specifications) and automobile
and truck refinishing controlled by sec.115.421(8)(B) and (C).


(A)  Surface coatings operations on a property which
when uncontrolled will emit a combined weight of VOC of less
than three pounds per hour and 15 pounds in any consecutive 24-hour
period shall be exempt from the provisions of sec.115.421,
and sec.115.423 of this title (relating to Alternate Control
Requirements).


(B) Surface coating operations on a property which when
uncontrolled will emit a combined weight of VOC of less than
100 pounds in any consecutive 24-hour period shall be exempt
from the provisions of sec.115.421 and sec.115. 423 if documentation
is provided to and approved by both the executive director of
the Texas Air Control Board and the United States Environmental
Protection Agency, to demonstrate that necessary coating performance
criteria cannot be achieved with coating which satisfy applicable
emission specifications and that control equipment is not technically
or economically feasible.


(7)  The following coatings are exempt from the application
of this undesignated head (relating to Surface Coating Processes):


(A)-(D) (No change.)



sec.115.429. Counties and
Compliance Schedule. All
affected persons in Brazoria,
Dallas, El Paso, Galveston,
Gregg, Harris, Jefferson, Nueces,
Orange, Tarrant, and Victoria
Counties shall be in
compliance with this undesignated
head (relating to Surface
Coating Processes) in accordance
with the following schedules:


(1) all compliance schedules which have expired prior
to January 1, 1991, in accordance with sec.115.930 of this
title (relating to Compliance Date); and


(2) the following additional compliance schedules.


(A) All persons affected by changes from gallon of coating
to gallon of solids and the addition of exempt solvents for calculating
VOC content in sec.115.421 of this title (relating to Emissions
Specifications) shall be in compliance with this section as soon
as practicable, but no later than July 31, 1992.


(B) All affected persons in Dallas and Tarrant Counties
shall be in compliance with sec.115.421(8)(C) and (D) as soon
a practicable, but no later than July 31, 1992.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107574

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Subchapter E. Solvent-Using Processes


Graphic Arts (Printing) By Rotogravure and Flexographic Processes


31 TAC sec.sec.115.432,
115.435, 115.436, 115.437, 115.439


The Texas Air Control Board (TACB) adopts amendments to 
ssec.115.432, 115. 435, 115.436, 115.437, and 115.439. Sections
115.432, 115.437, and 115.439 are adopted with changes to the
proposed text as published in the February 12, 1991, issue of
the Texas Register (16
TexReg 830). Sections 115.435
and 115. 436 are adopted
without changes and will
not be republished.

The amendment to sec.115.432 involves a provision stating
that if exemption limits are exceeded then the requirements of
this section become applicable. Clarification is also added to
indicate that capture system refers to each printing line. The
amendment to sec.115.435 add a reference to federal performance
test procedures. The amendment to sec.115.436 adds a requirement
to monitor carbon adsorption system for breakthrough. The amendment
to sec.115.437 make the 100 tons per year exemption to be based
on maximum production capability. The amendment to sec.115.439
updates the expired compliance date and adds a new compliance
date for new requirements.

Public hearings were held on March 4, 1991, in Beaumont and
El Paso and on March 5, 1991, in Houston and Arlington. Testimony
was received from six commenters during the comment period. The
United States Environmental Protection Agency (EPA) and one individual
supported the proposed revisions. Four commenters opposed the
proposed amendments. They were the LTV Aerospace and Defense
Company (LTV), General Dynamics Corporation (GD), Mobil Oil Corporation
(Mobil), and Texas Chemical Council (TCC).

The intent of the "once in, alway in" provision is that once
a facility is required to implement applicable control measures,the
facility needs to remain subject to controls even if emissions
or throughput later fall below applicable exemption limits. In
response to an EPA requirement, this provision was proposed for
rule concerning graphic arts. Five commenters submitted remarks
concerning these proposed amendments. Of the five, one simply
indicated approval of the philosophy. Two commenters, Mobil and
TCC, requested clarification on whether a facility which must
be in compliance with control requirements must maintain the
controls because of the amendments, and whether the controls
are to be operated only during times when exemption levels would
be exceeded. The staff agreed and modified the wording to more
clearly establish that once a facility exceeds an exemption level
and must utilize controls, the facility will be required to maintain
the controls even if emissions or throughput are later sustained
at a level below any applicable exemption limit.

Four commenters, LTV, GD, Mobil, and TCC, were concerned that
the amendments would result in the loss of exemption status for
"a single excursion," "the smallest violation," or due to upsets
or maintenance activities. Although it is not entirely clear
what is meant by a single excursion or a small violation, the
staff agrees that EPA's intent with the provision is to require
a source exceeding the applicable exemption level to implement
controls. This, however, would not include uncontrollable, short-term
upsets or planned maintenance activities. Additionally, Mobil
and TCC wanted a definition of exceedance. The regulation previously
held and continues to hold the implicit understanding that upsets
and maintenance were to be handled by TACB rules dealing with
thee issues and not by this regulation, unless otherwise specifically
stated. If an exceedance is not an upset, e.g., it is caused
by an increase in production, then the source is subject to the
control requirements. Each exceedance will need to be evaluated
on a case-by-case basis to determine whether it was an upset.
Therefore, the staff does not recognize the need to define the
term.

LTV, GD, Mobil, and TCC also indicated concern that the amendments
required immediate compliance with the control requirements upon
exceedance of the exemptions. The staff position is that applicable
control measures are to be in place prior to changes in operation
or equipment that will result in increasing emissions or throughput.
Additionally, LTV commented that the date of May 31, 1991, conflicted
with other dates in the rules. In the modified wording for these
proposed amendments, the date is removed because the intent is
that this provision should be applicable upon the effective date
of the rules. Furthermore, references to "once in, always in"
in the compliance date section in each of the applicable undesignated
heads is recommended for deletion. The staff believes that these
compliance dates are unnecessary since the provision is to become
applicable upon the effective date of the rules.

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code Annotated. (Vernon
1990), which provides TACB with the authority to adopt rules
consistent with the policy and purpose of the TCAA.



sec.115.432. Control Requirements.
 For the counties referenced
in sec.115.439 of this
title (relating to Counties
and Compliance Schedules):


(1) no person shall operate or allow the operation of
a packaging rotogravure, publication rotogravure, or flexographic
printing line that uses solvent-containing ink unless volatile
organic compound (VOC) emissions are limited by one of the following:


(A) application to the substrate of low solvent ink with
a volatile fraction containing 25% by volume or less of VOC solvent
and 75% by volume or more of water and exempt solvent;


(B)  application to the substrate of high solids solvent-borne
ink containing 60% by volume or more of nonvolatile material
(minus water and exempt solvent); or


(C) operation of a carbon adsorption or incineration
system to reduce the VOC emissions from an effective capture
system by at least 90% by weight. The design and operation of
the capture system for each printing line must be consistent
with good engineering practice and shall be required to provide
for an overall reduction in VOC emissions, as demonstrated to
the satisfaction of the executive director, upon request, of
at least the following weight percentages:


(i) 75% for a publication
rotogravure process;


(ii) 65% for a
packaging rotogravure process;
or


(iii) 60% for a
flexographic printing process;


(2) any graphic arts facility that becomes subject to
the provisions of paragraph (l)(A) , (B), or (C) of this section
by exceeding provisions of sec.115.437 of this title (relating
to Exemptions) will remain subject to the provisions of this
subsection, even if throughput or emissions later fall below
exemption limits;


(3) any capture efficiency testing of the capture system
must be conducted in accordance with sec.115.435 of this title
(relating to Testing Requirements).



sec.115.437. Exemptions.
For the counties referenced
in sec.115. 439 of
this title (relating to
Counties and Compliance Schedules),
the following exemptions shall
apply.


(1) All rotogravure and flexographic facilities on a
property, except those specified in paragraph (2) of this section,
which when uncontrolled have a maximum potential to emit a combined
weight of volatile organic compounds (VOC) less than 100 tons
(91 metric tons) in one year (based on historical ink and VOC
solvent usage, and at maximum production capacity) are exempt
from the requirements of sec.115.432 of this title (relating
to Control Requirements).


(2) In Dallas and Tarrant Counties, all rotogravure and
flexographic printing facilities on a property which, when uncontrolled,
emit a combined weight of VOC less than 50 tons in one year (based
on historical ink and solvent usage) are exempt from the requirements
of sec.115.432 of this title (relating to Control Requirements).



sec.115.439. Counties and
Compliance Schedules. All
affected persons in Brazoria,
Dallas, El Paso, Galveston,
Gregg, Harris, Jefferson, Nueces,
Orange, Tarrant, and Victoria
Counties shall be in
compliance with this undesignated
head (relating to Graphic
Arts (Printing) by Rotogravure
and Flexographic Processes) in
accordance with the following
compliance schedules.


(1) All affected persons shall be in compliance with
all compliance schedules which have expired prior to January
1, 1991, in accordance with sec.115. 930 of this title (relating
to Compliance Dates).


(2) All persons affected by sec.115.432(3) of this
title (relating to Control Requirements), sec.115.436(3)(C)
of this title (relating to Recordkeeping Requirements), and 
s115.437(1) of this title (relating to Exemptions) shall be
in compliance with the sections as soon as practicable, but no
later than July 31, 1992.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107575

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Subchapter F. Miscellaneous Industrial Sources


Cutback Asphalt


31 TAC sec.115.512, sec.115.519


The Texas Air Control Board (TACB) adopts amendments to 
s115.512 and sec.115.519. Section 115.519 is adopted with
changes to the proposed text as published in the February 12,
1991 issue of the Texas Register
(16 TexReg 830). Section
115.512 is adopted without
changes and will not
be republished.

The amendment to sec.115.512 adds a requirement of cutback
asphalt use during the ozone season in Brazoria, El Paso, Galveston,
Harris, Jefferson, and Orange Counties. The amendment to sec.115.519
updates the expired compliance date and adds a new compliance
date for new requirements.

Public hearings were held on March 4, 1991, in Beaumont and
El Paso and on March 5, 1991, in Houston and Arlington. Testimony
was not received from any commenters during the comment period
on the revisions to the individual subsections of sec.115.512
and sec.115.519.

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code (Vernon 1990), which
provides the TACB with the authority to adopt rules consistent
with the policy and purposes of the TCAA.



sec.115.519. Counties and
Compliance Schedules. All
affected persons in Brazoria,
Dallas, El Paso, Galveston,
Harris, Jefferson, Nueces, Orange,
and Tarrant Counties shall
be in compliance with
this undesignated head (relating
to Cutback Asphalt) in
accordance with all compliance
schedules which have expired
prior to January 1, 1991,
in accordance with sec.115.930
of this title (relating
to Compliance Dates), except
that all persons in Brazoria,
El Paso, Galveston, Harris,
Jefferson, and Orange Counties
affected by sec.115.512(3) of
this title (relating to
Control Requirements) shall be
in compliance as soon
as practicable, but no
later than April 16,
1992.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107576

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   


Subchapter F. Miscellaneous Industrial Sources


Pharmaceutical Manufacturing Facilities


31 TAC sec.sec.115.532,
115.536, 115.537, 115.539


The Texas Air Control Board (TACB) adopts amendments to 
ssec.115.532, 115. 536, 115.537, and 115.539. Section 115.532
and sec.115.539 are adopted with changes to the proposed text
as published in the February 12, 1991, issue of the Texas
Register(16 TexReg 830).
Section 115.536 and sec.115.537
are adopted without changes
and will not be republished.

The amendment to sec.115.532 involves a provision stating
that if exemption limits are exceeded then the requirements of
this section become applicable. The amendment to sec.115.536
adds a requirement to monitor carbon adsorption systems for breakthrough.
The amendment to sec.115.537 involves lowering the exemption
level for Dallas, El Paso, and Tarrant Counties. The amendment
to sec.115.539 updates the expired compliance date and adds
a new compliance date for new requirements.

Public hearings were held on March 4, 1991, in Beaumont and
El Paso and on March 5, 1991, in Houston and Arlington. Testimony
was received from six commenters during the comment period. The
United States Environmental Protection Agency (EPA) and one individual
supported the proposed revisions. Four commenters opposed the
proposed amendments. They were the LTV Aerospace and Defense
Company (LTV), General Dynamics Corporation (GD), Mobil Oil Corporation
(Mobil), and Texas Chemical Council (TCC).

The intent of the "once in, always in" provision is that once
a facility is required to implement applicable control measures,
the facility needs to remain subject to controls even if emissions
or throughput later fall below applicable exemption limits. In
response to an EPA requirement, this provision was proposed for
rules concerning pharmaceuticals. Five commenters submitted remarks
concerning these proposed amendments. Of the five, one simply
indicated approval of the philosophy. Two commenters, Mobil and
TCC, requested clarification on whether a facility which must
be in compliance with control requirements must maintain the
controls because of the amendments, and whether the control are
to be operated only during time when exemption levels would be
exceeded. The staff agree and modified the wording to more clearly
establish that once a facility exceeds an exemption level and
must utilize controls, the facility will be required to maintain
the controls even if emissions or throughput are later sustained
at a level below any applicable exemption limit.

Four commenters, LTV, GD, Mobil, and TCC, were concerned that
the amendment would result in the loss of exemption status for
"a single excursion," "the smallest violation," or due to upsets
or maintenance activities. Although it is not entirely clear
what is meant by a single excursion or a small violation, the
staff agrees that EPA's intent with the provision is to require
a source exceeding the applicable exemption level to implement
controls. This, however, would not include uncontrollable, short-term
upsets or planned maintenance activities. Additionally, Mobil
and TCC wanted a definition of exceedance. The regulation previously
held and continues to hold the implicit understanding that upsets
and maintenance were to be handled by TACB rules dealing with
these issues and not by this regulation, unless otherwise specifically
stated. If an exceedance is not an upset, e.g. it is caused by
an increase in production, then the source is subject to the
control requirements. Each exceedance will need to be evaluated
on a case-by-case basis to determine whether it was an upset.
Therefore, the staff does not recognize the need to define the
term.

LTV, GD, Mobil, and TCC also indicated concern that the amendments
required immediate compliance with the control requirements upon
exceedance of the exemptions. The staff position is that applicable
control measures are to be in place prior to changes in operation
or equipment that will result in increasing emissions or throughput.
Additionally, LTV commented that the date of May 31, 1991, conflicted
with other dates in the rules. In the modified wording for these
proposed amendments, the date is removed because the intent is
that this provision should be applicable upon the effective date
of the rule. Furthermore, references to "once in, always in"
in the compliance date section in each of the applicable undesignated
heads is recommended for deletion. The staff believes that these
compliance dates are unnecessary since the provision is to become
applicable upon the effective date of the rules.

The amendments are adopted under the Texas Clean Air Act (TCAA),
sec.382.017, Texas Health and Safety Code Annotated (Vernon
1990), which provide TACB with the authority to adopt rules consistent
with the policy and purpose of the TCAA.



sec.115.532. Control Requirements.
 For the counties referenced
in sec.115.539 of this
title (relating to Counties
and Compliance Schedules), the
owner or operator of
a synthesized pharmaceutical manufacturing
facility shall provide the
following specified controls.


(1)-(4) (No change.)


(5) Pharmaceutical manufacturing facility. Any pharmaceutical
manufacturing facility that becomes subject to the provisions
of paragraphs (1) -(4) of this section by exceeding provisions
of sec.115.537 of this title (relating to Exemptions) will
remain subject to the provisions of this section, even if throughput
or emissions later fall below exemption limits.



sec.115.539. Counties and
Compliance Schedules. All
affected persons in Brazoria,
Dallas, El Paso, Galveston,
Gregg, Harris, Jefferson, Nueces,
Orange, Tarrant, and Victoria
Counties shall be in
compliance with this undesignated
head (relating to Pharmaceutical
Manufacturing Facilities) in accordance
with the following schedules.


(1) All affected persons shall be in compliance with
all compliance schedules which have expired prior to January
1, 1991, in accordance with sec.115.930 of this title(relating
to Compliance Dates).


(2) All persons in Dallas, El Paso, and Tarrant Counties
affected by the provisions of sec.115.536(2)(A)(ii) of this
title (relating to Recordkeeping Requirements) and sec.115.537(6)
of this title (relating to Exemptions) shall be in compliance
with this section as soon as practicable, but no later than July
31, 1992.


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107577

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Effective date: July 17, 1991

Proposal publication date: February 12, 1991

For further information, please call: (512) 908-1770

   
   

Part IX. Texas Water Commission

Chapter 335. Industrial Solid Waste and Municipal Hazardous
Waste


Subchapter E. Interim Standards for Owners and Operators of
Hazardous Waste Storage Processing, or Disposal Facilities


31 TAC sec.335.112


The Texas Water Commission adopts an amendment to sec.335.112,
concerning industrial solid and municipal hazardous waste management
and standards, without changes to the proposed text as published
in the April 23, 1991, issue of the Texas Register
 (16 TexReg 2278).

The amendment is adopted to implement the federally mandated
change from the extraction procedure (EP) method to the toxicity
characteristic leaching procedure (TCLP) method for determining
characteristically hazardous waste and to expand the list of
constituents for which the leachate will be analyzed.

The federal TCLP rule adopted in the March 29, 1990, issue
of the Federal Register
was promulgated pursuant to
the Resource Conservation and
Recovery Act, 42 United
States Code (USC), sec.6901
et seq (1976) (RCRA),
as amended by the Hazardous
and Solid Waste Amendments
of 1984 (HSWA). Under
RCRA, sec.3006(g), 42 United
States Code 6926(g), new
requirements imposed by HSWA
take effect in authorized
states (of which Texas
is one) at the same
time they take effect
in nonauthorized states. While
states must still adopt
HSWA-related provisions to retain
final authorization, the HSWA
requirements are implemented by
EPA in authorized states
in the interim. Pursuant
to 40 Code of Federal
Regulations (CFR), sec.271.21(e)(2),
Texas must modify its
program to reflect federal
program changes and must
subsequently submit those program
modifications to EPA for
approval. Upon EPA approval
of the state program
modifications, Texas will be
authorized to implement the
TCLP requirements in lieu
of EPA. On February 20,
1991, the Texas Water
Commission adopted amendments to
31 TAC Chapter 335, Subchapters
A, E, and F which
accomplished most of the
rule changes necessary to
obtain EPA authorization to
implement the TCLP requirements.
The amendments hereby adopted
will complete all the
rule changes necessary for
the State of Texas to
obtain final TCLP authorization
for the EPA.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Texas Water Code, sec.5.103,
Texas Water Code Annotated, Chapter 5 (Vernon 1990), which provides
the Texas Water Commission with the authority to adopt any rules
necessary to carry out the powers and duties under the provisions
of the Texas Water Code and other laws of this state, and pursuant
to the Texas Solid Waste Disposal Act, sec.361.017 and sec.361.024,
Texas Health and Safety Code Annotated, Chapter 361 (Vernon Supplemental
1990), which provides the Texas Water Commission with the authority
to promulgate rules necessary to accomplishing the purposes of
the Act which includes controlling all aspects of the management
of industrial solid and municipal hazardous wastes. The adopted
amendment is in response to EPA's adoption of the HSWA mandated
TCLP rules set forth in the March 29, 1990, issue of the 
Federal Register (55
FedReg 11796).


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107523

Jim Haley

Director, Legal Division

Texas Water Commission

Effective date: July 16, 1991

Proposal publication date: April 23, 1991

For further information, please call: (512) 463-8069

   
   


Subchapter 0. Land Disposal Restrictions


31 TAC sec.335.431


The Texas Water Commission adopts an amendment to sec.335.431,
concerning industrial solid and municipal hazardous waste management
and standards, without changes to the proposed text as published
in the April 23, 1991, issue of the Texas Register
 (16 TexReg 2278).

The amendment is adopted to implement the federally mandated
change from the extraction procedure (EP) method to the toxicity
characteristic leaching procedure (TCLP) method for determining
characteristically hazardous waste and to expand the list of
constituents for which the leachate will be analyzed.

The federal TCLP rule adopted in the March 29, 1990, issue
of the Federal Register
(55 FedReg 11796) was
promulgated pursuant tot he
Resource Conservation and Recovery
Act, 42 United States
Code, (USC), sec.6901 et
seq (1976) (RCRA), as
amended by the Hazardous
and Solid Waste Amendments
of 1984 (HSWA). Under
RCRA, sec.3006(g), new requirements
imposed by HSWA take
effect in authorized states
(of which Texas is one)
at the same time they
take effect in nonauthorized
states. While states must
still adopt HSWA-related provisions
to retain final authorization,
the HSWA requirements are
implemented by EPA in
authorized states in the
interim. Pursuant to 40
Code of Federal Regulations
(CFR), sec.271.21(e)(2), Texas
must modify its program
to reflect federal program
changes and must subsequently
submit those program modifications
to EPA for approval.
Upon EPA approval of
the state program modifications,
Texas will be authorized
to implement the TCLP
requirements in lieu of
EPA. On February 20,
1991, the Texas Water
Commission adopted amendments to
31 TAC Chapter 335, Subchapters
A, E, and F which
accomplished most of the
rule changes necessary to
obtain EPA authorization to
implement the TCLP requirements.
The amendments hereby adopted
will complete all the
rule changes necessary for
the State of Texas to
obtain final TCLP authorization
from the EPA.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Texas Water Code, sec.5.103,
Texas Water Code Annotated, Chapter 5 (Vernon 1990), which provides
the Texas Water Commission with the authority to adopt any rules
necessary to carry out the powers and duties under the provisions
of the Texas Water Code and other laws of this state, and pursuant
to the Texas Solid Waste Disposal Act, sec.361.017 and sec.361.024,
Texas Health and Safety Code Annotated, Chapter 361 (Vernon Supplemental
1990), which provides the Texas Water Commission with the authority
to promulgate rules necessary to accomplishing the purposes of
the Act which includes controlling all aspects of the management
of industrial solid and municipal hazardous wastes. The adopted
amendment is in response to EPA's adoption of the HSWA mandated
TCLP rules set forth in the March 29, 1990, issue of the 
Federal Register (55
FedReg 11796).


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

Issued in Austin, Texas, on June 25, 1991.

TRD-9107522

Jim Haley

Director, Legal Division

Texas Water Commission

Effective date: July 16, 1991

Proposal publication date: April 23, 1991

For further information, please call: (512) 463-8069

   
   


TITLE 40. SOCIAL SERVICES AND ASSISTANCE

Part I. Texas Department of Human Services

Chapter 3. Income Assistance Services


Subchapter I. Income


40 TAC sec.3.902


The Texas Department of Human Services (DHS) adopts an amendment
to sec.3. 902, concerning treatment of educational assistance
in the Food Stamp Program.

The justification for the amendments is to comply with the
Carl D. Perkins Vocational and Applied Technology Education Act
Amendments of 1990.

The amendment will function by excluding as income in the
Food Stamp program educational assistance payments received under
the Carl D. Perkins Act.

The amendment is proposed under the Human Resources Code,
Title 2, Chapters 22 and 33, which provides the department with
the authority to administer public assistance and nutritional
assistance programs. The amendment is adopted under federal requirements
to be effective July 1, 1991.



sec.3.902. Types.


(a)-(b) (No change.)


(c) Food stamps. DHS counts as income the types of income
stipulated in 7 Code of Federal Regulations, sec.273.9(b),
except as specified in subsection (d) of this section.


(d) Food stamps. DHS excludes as income the types of
income stipulated in 7 Code of Federal Regulations, sec.273.9(c)
except for child support payments and educational assistance
funded through the Carl D. Perkins Vocational Education Act.
DHS does not exclude any portion of child support payments. DHS
excludes educational assistance made available for attendance
costs as required by Public Law 101-392, the Carl D. Perkins
Vocational and Applied Technology Act Amendments of 1990.


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

Issued in Austin, Texas, on June 26, 1991.

TRD-9107594

Nancy Murphy

Agency liaison, Policy and Document Support

Texas Department of Human Services

Effective date: July 1, 1991

For further information, please call: (512) 450-3765

   
   


TITLE 40. SOCIAL SERVICES AND ASSISTANCE

Part I. Texas Department of Human Services

Chapter 48. Community Care for Aged and Disabled


Home and Community-based Services


40 TAC sec.48.2203 sec.48.2205


The Texas Department of Human Services (DHS) adopts amendments
to sec.48. 2203 and sec.48.2205 without changes to the proposed
text as published in the May 17, 1991, issue of the Texas
Register (16 TexReg
2723).

The justification for the amendments is to require providers
to submit bills to DHS for services within 95 days and to correct
rejected claims within 180 days.

The amendments will function by allowing more timely reimbursement
of providers and monitoring of provider claims.

The department received no comments regarding adoption of
the amendments.

The amendments are adopted under the Human Resources Code,
Title 2, Chapters 22 and 32, which authorizes the department
to administer public and medical assistance programs.


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

Issued in Austin, Texas, on June 26, 1991.

TRD-9107587

Nancy Murphy

Agency liaison, Policy and Document Support

Texas Department of Human Services

Effective date: August 1, 1991

Proposal publication date: May 17, 1991

For further information, please call: (512) 450-3765

   
   

Open Meetings

Agencies with statewide jurisdiction must give at least seven
days notice before an impending meeting. Institutions of higher
education or political subdivisions covering all or part of four
or more counties (regional agencies) must post notice at least
72 hours prior to a scheduled meeting time. Some notices may
be received too late to be published before the meeting is held,
but all notices are published in the Texas
Register.

Emergency meetings and
agendas. Any of the governmental entities named above
must have notice of an emergency meeting, an emergency revision
to an agenda, and the reason for such emergency posted for at
least two hours before the meeting is convened. Emergency meeting
notices filed by all governmental agencies will be published.

Posting of open meeting
notices. All notices are posted on the bulletin board
outside the Office of the Secretary of State on the first floor
of the East Wing in the State Capitol, Austin. These notices
may contain more detailed agenda than what is published in the
Texas Register.



Texas Department of
Aviation


Thursday, July 11, 1991,
9:30 a.m. (time change
1:30 p.m. to 9:30 a.m.)
The Texas Board of Aviation of the Texas Department of Aviation
will meet at the Anson Jones Building, 410 East Fifth Street,
Room 221, Austin. According to the revised agenda summary, the
board will review and discuss facilities development program:
proposed reprogramming of Georgetown from Federal FY 1991 to
Federal FY 92 or 93; consideration of proposed projects to be
moved from Federal FY 92 to Federal FY 91 for Cotulla, Grand
Prairie, Henderson, New Braunfels, Rockport and Seymour; consideration
of proposed projects to be moved from federal FY 92 to Federal
FY 93 for Atlanta, Fredericksburg, Greenville and Weslaco; hear
director's report: discussion on recommendation for agency consolidation;
and budget status report.

Contact: Lydia Scarborough, P.O. Box 12607,
Austin, Texas 78711, (512) 476-9262.

Filed: June 26, 1991, 1:34 p.m.

TRD-9107607


Thursday, July 11, 1991,
11:30 a.m. The Texas Board of Aviation of
the Texas Department of Aviation will meet at Louie B's Restaurant,
301 East Sixth Street, Austin. According to the agenda summary,
this function is primarily a social event and no formal action
is planned, the board members may discuss items concerning the
board meeting.

Contact: Lydia Scarborough, P.O. Box 12607,
Austin, Texas 78711, (512) 476-9262.

Filed: June 26, 1991, 1:34 p.m.

TRD-9107608

   
   


Texas Education Agency


Monday, July 8, 1991,
8 a.m. The State Textbook Secondary Science
Committee of the Texas Education Agency will meet at the William
B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin.
According to the complete agenda, the committee will hold a joint
hearing before the Commissioner of Education and the 1991 State
Textbook Secondary Science Committee. Testimony will be limited
to residents of Texas and representatives of publishing companies
who submitted written requests to appear on or before the June
14, deadline. Members of the State Textbook Secondary Science
Committee remain under no-contact rules until the close of balloting
in August, 1991.

Contact: Ira Nell Turman, 1701 North Congress
Avenue, Austin, Texas 78701, (512) 463-9601.

Filed: June 26, 1991, 7:54 a.m.

TRD-9107557


Monday, July 8, 1991,
10:30 a.m. The State Textbook Mathematics
Committee of the Texas Education Agency will meet at the William
B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin.
According to the complete agenda, the committee will hold a joint
hearing before the Commissioner of Education and the 1991 State
Textbook Mathematics Committee. Testimony will be limited to
residents of Texas and representatives of publishing companies
who submitted written requests to appear on or before the June
14, deadline. Members of the State Textbook Mathematics Committee
remain under no-contact rules until the close of balloting in
August 1991.

Contact: Ira Nell Turman, 1701 North Congress
Avenue, Austin, Texas 78701, (512) 463-9601.

Filed: June 26, 1991, 7:54 a.m.

TRD-9107558


Tuesday, July 9, 1991,
8:30 a.m. The State Textbook Social Studies
Committee of the Texas Education Agency will meet at the William
B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin.
According to the complete agenda, the committee will hold a joint
hearing before the Commissioner of Education and the 1991 State
Textbook Social Studies Committee. Testimony will be limited
to residents of Texas and representatives of publishing companies
who submitted written requests to appear on or before the June
14, deadline. Members of the State Textbook Social Studies Committee
remain under no-contact rules until the close of balloting in
August 1991.

Contact: Ira Nell Turman, 1701 North Congress
Avenue, Austin, Texas 78701, (512) 463-9601.

Filed: June 26, 1991, 7:54 a.m.

TRD-9107559


Tuesday, July 9, 1991,
10 a.m. The Advisory Committee for Budgeting,
Accounting and Auditing of the Texas Education Agency will meet
at the Texas Association of School Business Officials , 1701
Directors Boulevard, Austin. According to the complete agenda,
the committee will review, discuss, and adopt an amendment to
Change 25 of Bulletin 679, Financial Accounting Manual, to change
accounting procedures related to County Education Districts.

Contact: Thomas D. Canby, Jr., 1701 North
Congress Avenue, Austin, Texas 78701, (512) 463-9095.

Filed: June 26, 1991, 7:54 a.m.

TRD-9107560


Thursday, July 11, 1991,
9 a.m. The School Facilities Advisory Committee
will meet at the William B. Travis Building, 1701 North Congress
Avenue, Room 6-101, Austin. According to the complete agenda,
the committee will approve May 30, 1991 minutes; give progress
report for the State Board of Education; and preliminary report
on standards for instructional space.

Contact: Joe Wisnoski, 1701 North Congress
Avenue, Room 3-101, Austin, Texas 78701, (512) 463-9704.

Filed: June 26, 1991, 7:54 a.m.

TRD-9107556

   
   


Texas Council on Vocational
Education


Thursday-Friday, July 18-19,
1991, 8:45 a.m. and 8:30
a.m. respectively. The Texas Council on Vocational
Education will meet at the Radisson Marina Hotel, Shoreline Room,
300 North Shoreline Boulevard, Corpus Christi. According to the
agenda summary, the council will be greeted by Mary Helen Berlanga,
a member of the State Board of Education, who will administer
the oath of office to new council members. The council will hear
reports on the July 12-13 state board of education meeting, July
11-12 meeting of the Texas Higher Education Coordinating Board,
and June 13-14 meeting of the State Apprenticeship and Training
Advancement Committee; update on actions of the United States
Congress and State Legislature; review federal and state responsibilities;
develop a schedule of work for 1991-1992; elect council officers
for 1991-1992; discuss current vocational education issues including
the middle school curriculum; master and state plans for vocational
education; and academic excellence indicators, as well as other
business.

Contact: Will Reece, P.O. Box 1886, Austin,
Texas 78767, or 1717 West Sixth Street, Suite 360, 78703, (512)
463-5490.

Filed: June 25, 1991, 10:43 a.m.

TRD-9107516

   
   


Health and Human Services


Wednesday, July 3, 1991,
1:30 p.m. The Subcommittee on Health Services
of the Health and Human Services will meet at the Henry B. Gonzales
Convention Center, Fiesta Room A, San Antonio. According to the
complete agenda, the subcommittee will study the emergency apprehension
and detention process; the involuntary commitment process; procedures
used by private mental health facilities for involuntary and
voluntary commitments and related treatments and billings.

Contact: Dick Kreglo, 1009 Sam Houston Building,
Austin, Texas 78701, (512) 463-0330.

Filed: June 25, 1991, 11:16 a.m.

TRD-9107521

   
   


Texas Department of
Human Services


Tuesday, July 9, 1991,
9:30 a.m. The Child Care Administrators and
Facilities Advisory Committee of the Texas Department of Human
Services will meet at 701 West 51st Street, Fourth Floor, West
Tower, Conference Room 4W, Austin. According to the complete
agenda, the committee will hear the director's report; legislative
information; day care and child care placing agency standards
revision; and adoption statistics.

Contact: Doug Sanders, P.O. Box 149030,
Austin, Texas 78714-9030, (512) 450-3253.

Filed: June 26, 1991, 3:59 p.m.

TRD-9107625

   
   


Texas Department of
Licensing and Regulation


Tuesday, July 9, 1991,
9 a.m. (rescheduled from
June 17, 1991). The Business and
Occupational Programs, Tow Trucks of the Texas Department of
Licensing and Regulation will meet at 920 Colorado Street, E.
O. Thompson Building, Eighth Floor Conference Room, Austin. According
to the complete agenda, the department will hold an administrative
hearing to consider the possible assessment of an administrative
penalty and denial, suspension or revocation of the Respondent's
license for Atilano Cereceres for violation of Statutes, Articles
6687-9b and 9100.

Contact: Paula Hamje, 920 Colorado Street,
Austin, Texas 78701, (512) 475-2899.

Filed: June 26, 1991, 9:11 a.m.

TRD-9107590


Friday, July 12, 1991,
9 a.m. The Manufactured Housing Division
of the Texas Department of Licensing and Regulation will meet
at 920 Colorado Street, E. O. Thompson Building, Suite 1012,
Austin. According to the complete agenda, the department will
hold an administrative hearing to consider the possible assessment
of an administrative penalty and denial, suspension or revocation
of the Respondent's license for Larry Turner for violation of
Statutes, Articles 522lf and 9100.

Contact: Paula Hamje, 920 Colorado Street,
Austin, Texas 78701, (512) 475-2899.

Filed: June 26, 1991, 9;12 a.m.

TRD-9107591


Tuesday, July 30, 1991,
9 a.m. (rescheduled from
April 22, 1991). The Business and
Occupational Programs, Talent Agencies of the Texas Department
of Licensing and Regulation will meet at 920 Colorado Street,
E. O. Thompson Building, Room 1012, Austin. According to the
complete agenda, the department will hold an administrative hearing
to consider the possible assessment of an administrative penalty
and denial, suspension or revocation of the respondent's license
for Kim Liebelt doing business as Take One Entertainment for
violation of Statutes, Articles 5221a-9 and 9100.

Contact: Paula Hamje, 920 Colorado Street,
Austin, Texas 78701, (512) 475-2899.

Filed: June 26, 1991, 9:12 a.m.

TRD-9107592

   
   


Texas Lay Midwifery
Board


Friday, July 12, 1991,
10 a.m. The Texas Lay Midwifery Board will
meet at the Texas Department of Health, 1100 West 49th Street,
Room G-107, Austin. According to the complete agenda, the board
will introduce new members and new program secretary; consider
and possibly act on interaction with Texas Board of Health; midwifery
rules; identification/documentation forms; newborn screening
paperwork; informed choice/disclosure form; implementation of
legislation prior to December 1991; education and continuing
education units; and consider other business not requiring board
action.

Contact: Joceline Alexander, 1100 West 49th
Street, Austin, Texas 78756, (512) 458-7700.

Filed: June 26, 1991, 1:59 p.m.

TRD-9107615

   
   


Public Utility Commission
of Texas


Monday, August 26, 1991,
9 a.m. The Hearings Division of the Public
Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard,
Suite 450N, Austin. According to the complete agenda, the division
will hold a hearing on the merits in Docket Number 10121-application
of Bayou Cogeneration, Inc. and Houston Lighting and Power Company
for certification of cogeneration agreement.

Contact: Mary Ross McDonald, 7800 Shoal
Creek Boulevard, Austin, Texas 78757, (512) 458-0100.

Filed: June 25, 1991, 3:29 a.m.

TRD-9107539


Thursday, August 29,
1991, 10 a.m. The Hearings Division
of the Public Utility Commission of Texas will meet at 7800 Shoal
Creek Boulevard, Suite 450N, Austin. According to the complete
agenda, the division will hold a hearing on the merits in Docket
Number 9985-inquiry of the general counsel into the reasonableness
of the rates and services of Alltel Texas, Inc.

Contact: Mary Ross McDonald, 7800 Shoal
Creek Boulevard, Austin, Texas 78757, (512) 458-0100.

Filed: June 25, 1991, 3:30 p.m.

TRD-9107540

   
   


Texas State Soil and
Water Conservation Board


Monday, July 8, 1991,
11 a.m. The Texas State Soil and Water Conservation
Board will meet at 311 North Fifth Street, Conference Room, Temple.
According to the complete agenda, the board will review and take
appropriate action on district director appointments; and consider
proposed changes in the soil and water conservation program.

Contact: Robert G. Buckley, P.O. Box 658,
Temple, Texas 76503, (817) 773-2250, STS 820-1250.

Filed: June 27, 1991, 8:10 a.m.

TRD-9107629

   
   


Texas State Technical
Institute


Monday, July 1, 1991,
9 a.m. The Executive Committee of the Texas
State Technical Institute met at the TSTI-System Building, via
teleconference call, Waco. According to the complete agenda,
the committee of the board of regents will meet by teleconference
call and award a contract for TSTI-Harlingen. This contract is
to renovate Building B for library use and modify the air conditioning
duct system in both Buildings B and C. These funds were appropriated
for the current biennium and the work had to be delayed to allow
as short a time lag as possible between converting Building B
to library use and having the Engineering Graphics Building available
for displaced classes; and discuss TSTI-Waco Airport Master Plan.

Contact: Sandra J. Krumnow, 3801 Campus
Drive, Building 32-1, Waco, Texas 76705, (817) 799-3611.

Filed: June 27, 1991, 10:45 a.m.

TRD-9107638

   
   


Texas Water Commission


Friday, July 5, 1991,
10 a.m. The Texas Water Commission will meet
at the Stephen F. Austin Building, 1700 North Congress Avenue,
Room 123, Austin. According to the agenda summary, the commission
will consider the executive director's report on agency administration,
policy, budget procedures, and personnel matters.

Contact: Doug Kitts, P.O. Box 13087, Austin,
Texas 78711, (512) 463-7898.

Filed: June 26, 1991, 3:37 p.m.

TRD-9107623


Tuesday, July 9, 1991,
1:30 p.m. The Groundwater Protection Committee
of the Texas Water Commission will meet at the Stephen F. Austin
Building, 1700 North Congress Avenue, Room 1149, Austin. According
to the agenda summary, the committee will discuss and take action
on update on groundwater related legislation; joint groundwater
monitoring and contamination report of the Agricultural Chemicals
Subcommittee; consideration of the state management plan for
agricultural chemicals in groundwater; and make announcements
and information exchange for groundwater related activities.

Contact: Bruce Fink, 1700 North Congress
Avenue, Austin, Texas 78711-3987, (512) 463-7898.

Filed: June 26, 1991, 9:51 a.m.

TRD-9107602


Thursday, July 11, 1991,
10 a.m. The Task Force 21: Waste Management
Policy for the Future of the Texas Water Commission will meet
at the John H. Reagan Building, 105 West 15th Street, Room 102,
Austin. According to the complete agenda, the task force will
continue discussion of Senate Bill 1099 implementation issues
and waste management policy; make introductions; discuss key
issues: 120-day permitting rules; permit process study; needs
assessment; reduction rules; other issues/new initiatives; and
adjourn.

Contact: Barbara Beaudry, 1700 North Congress
Avenue, Austin, Texas 78724, (512) 463-7760.

Filed: June 26, 1991, 9:51 a.m.

TRD-9107601


Thursday, July 18, 1991,
10 a.m. The Texas Water Commission will meet
at the William B. Travis State Office Building, 1701 North Congress
Avenue, Room 5-103, Austin. According to the agenda summary,
the commission will hold a hearing on an application submitted
by Tres Vidas, Inc., doing business as TV Water Corporation for
a Water Certificate of Convenience and Necessity (CCN) and to
propose decertification of a portion of Files Valley Water Supply
Corporation's CCN Number 10902. The CCN applied by for Tres Vidas,
Inc, doing business as TV Water Corporation would authorize the
provision of water utility service to an area approximately 7.5
miles northeast of downtown Hillsboro, in Hill County. Docket
Number 9041-C.

Contact: Deborah Parker, P.O. Box 13087,
Austin, Texas 78711, (512) 463-7875.

Filed: June 26, 1991, 3:37 p.m.

TRD-9107624


Thursday, August 8,
1991, 10 a.m. The Task Force 21:
Waste Management Policy for the Future of the Texas Water Commission
will meet at the John H. Reagan Building, 105 West 15th Street,
Room 102, Austin. According to the complete agenda, the task
force will continue discuss of Senate Bill 1099 implementation
issues and waste management policy; make introductions; discuss
key issues: 120-day permitting rules; permit process study; needs
assessment; reduction rules; other issues/new initiatives; and
adjourn.

Contact: Barbara Beaudry, 1700 North Congress
Avenue, Austin, Texas 78724, (512) 463-7760.

Filed: June 26, 1991, 9:51 a.m.

TRD-9107600


Friday, September 27,
1991, 10 a.m. The Task Force 21:
Waste Management Policy for the Future of the Texas Water Commission
will meet at the John H. Reagan Building, 105 West 15th Street,
Room 102, Austin. According to the complete agenda, the task
force will continue discussion of Senate Bill 1099 implementation
issues and waste management policy; make introductions; discuss
key issues: 120-day permitting rules; permit process study; needs
assessment; reduction rules; other issues/new initiatives; and
adjourn.

Contact: Barbara Beaudry, 1700 North Congress
Avenue, Austin, Texas 78724, (512) 463-7760.

Filed: June 26, 1991, 9:51 a.m.

TRD-9107599

   
   


Texas Youth Commission


Wednesday, July 3, 1991,
9:30 a.m. The Board of the Texas Youth Commission
will meet at 4900 North Lamar Boulevard, Room 7230, Austin. According
to the agenda summary, the board will approve FY 1991 fund transfers;
review of legislation enacted by the 72nd Legislature, regular
session; annual review of strategic plan objectives; statistical
summary/report on student population; report on alleged mistreatment
investigations; and meet in executive session.

Contact: Ron Jackson, P.O. Box 4260, Austin,
Texas 78765, (512) 483-5000.

Filed: June 25, 1991, 3:24 p.m.

TRD-9107538

   
   


Regional Meetings


Meetings Filed June 25, 1991


The Appraisal Review
Board met at 100 North Gray Street, Junior High Cafeteria,
Stanton, July 1, 1991, at 9 a.m. Information may be obtained
from Elaine Stanley, P.O. Box 1349, Stanton, Texas 79782, (915)
756-2823. TRD-9107551.


The Appraisal Review
Board will meet at the Appraisal Review Office, 308
North St. Peter Street, Stanton, July 2, 1991, at 9 a.m. Information
may be obtained from Elaine Stanley, P.O. Box 1349, Stanton,
Texas 79782, (915) 756-2823. TRD-9107552.


The Central Appraisal
District of Taylor County
Appraisal Review Board met at 1534 South Treadaway Street, Abilene,
July 1, 1991, at 1:30 p.m. Information may be obtained from Richard
Petree, P.O. Box 1800, Abilene, Texas 79604, (915) 676-9381.
TRD-9107553.


The Central Appraisal
District of Taylor County
Appraisal Review Board will meet at 1534 South Treadaway Street,
Abilene, July 3, 1991, at 1:30 p. m. Information may be obtained
from Richard Petree, P.O. Box 1800, Abilene, Texas 79604, (915)
676-9381. TRD-9107554.


The Central Appraisal
District of Taylor County
Appraisal Review Board will meet at 1534 South Treadaway Street,
Abilene, July 8-12, 1991, at 1: 30 p.m. Information may be obtained
from Richard Petree, P.O. Box 1800, Abilene, Texas 79604, (915)
676-9381. TRD-9107555.


The Dallas Area Rapid
Transit Corporate Location Ad Hoc Committee met at
the DART Office, 601 Pacific Avenue, Executive Conference Room,
Dallas, June 28, 1991, at 10 a.m. Information may be obtained
from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202,
(214) 658-6237. TRD-9107518.


The Edwards County Appraisal
District Appraisal Review Board will meet at the New
County Annex Building, Rocksprings, July 3, 1991, at 9 a.m. Information
may be obtained from Natalie Goggans, P.O. Box 378, Rocksprings,
Texas 78880, (512) 683-4189. TRD-9107519.


The Edwards County Appraisal
District Appraisal Review Board will meet at the New
County Annex Building, Rocksprings, July 16, 1991, at 9 a.m.
Information may be obtained from Natalie Goggans, P.O. Box 378,
Rocksprings, Texas 78880, (512) 683-4189. TRD-9107517.


The Hood County Appraisal
District Appraisal Review Board met at 1902 West Pearl
Street, Granbury, July 1, 1991, at 8:30 a.m. Information may
be obtained from Harold Chesnut, P.O. Box 819, Granbury, Texas
76048-0819, (817) 573-2471. TRD-9107520.


The Kendall Appraisal
District Appraisal Review Board will meet at 207 East
San Antonio Street, and 123 West Johns Road, Boerne, July 9-12,
1991, at 9 a.m. Information may be obtained from Alton Pfeiffer,
P.O. Box 788, Boerne, Texas 78006, (512) 249-8012. TRD-9107586.

   
   


Meetings Filed June 26, 1991


The Austin-Travis County
Mental Health and Mental
Retardation Center Board of Trustees held
an emergency meeting at the Texas Rehabilitation Commission Central
Office, 4900 North Lamar Boulevard, Public Hearing Room, First
Floor, Austin, June 26, 1991, at 6:30 p.m. The emergency status
was necessary due to difficulty encountered in securing meeting
room. Information may be obtained from Sharon Taylor, P.O. Box
3548, Austin, Texas 78764-3548, (512) 440-4031. TRD-9107626.


The Carson County Appraisal
District Appraisal Review Board will meet at 102 Main
Street, Panhandle, July 2, 1991, at 8:30 a.m. Information may
be obtained from Dianne Lavake, P.O. Box 970, Panhandle, Texas
79068-0970, (806) 537-3569. TRD-9107627.


The Cass County Appraisal
District Appraisal Review Board met at the Cass County
Appraisal District Office, 502 North Main Street, Linden, July
1, 1991, at 9 a.m. Information may be obtained from Janelle Clements,
P.O. Box 1150, Linden, Texas 75563, (903) 756-7545. TRD-9107613.


The Central Texas Economic
Development District Executive Committee
will meet at the Food Service Technical Building, TSTI Campus,
Waco, July 11, 1991, at 2 p.m. Information may be obtained from
Bruce Gaines, P.O. Box 154118, Waco, Texas 76715, (817) 799-0258.
TRD-9107614.


The Dallas Central Appraisal
District Board of Directors met at 2949 North Stemmons
Freeway, Dallas, July 1, 1991, at 7:30 a.m. Information may be
obtained from Rick L. Kuehler, 2949 North Stemmons Freeway, Dallas,
Texas 75247, (214) 631-0520. TRD-9107612.


The Texas Municipal
League Intergovernmental Risk Pool
Board of Trustees Executive Committee met at the Metropolitan
Club, Austin, July 1, 1991, at 11 a.m. Information may be obtained
from Jackson B. Floyd, 211 East Seventh Street, #300, Austin,
Texas 78701, (512) 320-1325. TRD-9107593.


The West Central Texas
Council of Governments Criminal
Justice Advisory Committee will meet at 1125 East North 10th
Street, Abilene, July 9, 1991, at 10 a.m. Information may be
obtained from Les Wilkerson, P.O. Box 3195, Abilene, Texas 79604,
(915) 672-8544. TRD-9107622.

   
   


Meetings Filed June 27, 1991


The Henderson County
Appraisal District Appraisal Review Board
will meet at 1751 Enterprise Street, Athens, July 3, 1991, at
9 a.m. Information may be obtained from Helen Marchbanks, 1751
Enterprise Street, Athens, Texas 75751, (903) 675-9296. TRD-9107633.


The North Plains Groundwater
Conservation District Board of Directors
will meet at the District Office, 603 East First Street, Dumas,
July 8, 1991, at 10 a.m. Information may be obtained from Richard
S. Bowers, P.O. Box 795, Dumas, Texas 79029, (806) 935-6401.
TRD-9107637


The Scurry County Appraisal
District Board of Directors will meet at the Scurry
County Appraisal District, 2612 College Avenue, Snyder, July
2, 1991, at 8 a.m. Information may be obtained from L. R. Peveler,
2612 College Avenue, Snyder, Texas 79549, (915) 573-8549. TRD-9107632.

   
   

ISSUE OFJuly 2, 1991" 
In Addition

The Texas Register is required
by statute to publish certain documents, including applications
to purchase control of state banks, notices of rate ceilings,
changes in interest rate and applications to install remote service
units, and consultant proposal requests and awards.

To aid agencies in communicating information quickly and effectively,
other information of general interest to the public is published
as space allows.



Texas Air Control Board


Notice of Public Hearing


Notice is hereby given that pursuant to the requirements of
the Texas Clean Air Act, sec.382.017(a); 40 Code of Federal
Regulations 51.102 of the United States Environmental Protection
Agency regulations concerning State Implementation Plans; the
Administrative Procedure and Texas Register Act, sec.5, Texas
Civil Statutes, Article 6252-13a; and sec.103.11(4) of the
Texas Air Control Board (TACB) procedural rules, the TACB will
conduct a public hearing to receive testimony concerning revisions
to its rules.

The TACB proposes amendments to sec.115.010, concerning
definitions; sec.115. 126 and sec.115.128, concerning vent
gas control; sec.115.136 and sec.115.139, concerning water
separation; sec.115.224 and sec.115.229, concerning Stage
I control; sec.sec.115.422-115.429, concerning surface coating
processes; and sec.sec.115. 435, 115.436, and 115.439, concerning
graphic arts. The amendments are proposed in order to correct
certain regulation deficiencies and inconsistencies to ensure
compliance with applicable requirements for control and collection
systems of volatile organic compounds.

A public hearing will be held on July 22, 1991, at 2 p.m.
in the auditorium of the TACB located at 12124 Park 35 Circle,
Austin.

The hearing is structured for the receipt of oral or written
comments. Interrogation or cross-examination is not permitted;
however, a TACB staff member will be available to answer questions
informally.

Written comments not presented at the hearing may be submitted
to the TACB central office in Austin prior to and including July
23, 1991. Material received by 4 p.m. on that date will be considered
by the board prior to any final action on the proposed revisions.
Copies of the proposed revisions are available at the central
office of the TACB located at 12124 Park 35 Circle, Austin, Texas
78753, and at all TACB regional offices. For further information,
call Dwayne Meckler, (512) 908-1000.


Issued in Austin, Texas, on June 19, 1991.

TRD-9107578

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Filed: June 26, 1991

For further information, please call: (512) 908-1770

   
   


Notice is hereby given that pursuant to the requirements of
the Texas Clean Air Act (TCAA), sec.382.017(a); the Administrative
Procedure and Texas Register Act, sec.5, Texas Civil Statutes,
Article 6252-13a; and sec.103.11(4) of the Procedural Rules
of the Texas Air Control Board (TACB), the TACB will conduct
a public hearing to receive testimony concerning revisions to
its rules.

The TACB proposes two substantive amendments to sec.116.11,
concerning permit fees. The first adds separate and distinct
permit fees for all facilities which my comply with the prevention
of significant deterioration of air quality (PSD) regulations
promulgated by the Environmental Protection Agency. The second
increases in the current permit fees for facilities not required
to comply with the PSD regulations.

A public hearing will be held on July 30, 1991, at 2 p.m.
in the Texas Air Control Board Auditorium located at 12124 Park
35 Circle, Austin. The hearing is structured for the receipt
of oral or written comments. Interrogation or cross-examination
is not permitted, however, a TACB staff member will be available
to answer questions informally. Written comments not presented
at the hearing may be submitted to the TACB central office prior
to and including July 31, 1991. Comments received by 4 p.m. on
that date will be considered by the board prior to any final
action on the proposed revisions. Copies of the proposed revisions
are available at the central office of the TACB located at 12124
Park 35 Circle, Austin, Texas 78753, and at all TACB regional
offices. For further information, call Barry Irwin at (512) 908-1461.


Issued in Austin, Texas, on June 25, 1991.

TRD-9107549

Lane Hartsock

Director, Planning and Development Program

Texas Air Control Board

Filed: June 25, 1991

For further information, please call: (512) 908-1770

   
   


Office of the State Auditor


Consultant Contract Award


Contractor. The State
Auditor's Office (SAO) announces
that the firm of Sun
Shore Services, Inc. has
been awarded a contract,
under the provisions of
Texas Civil Statute, Article
6252-11c, to provide consulting
services through its associate
Lee M. Ekstrom which
relate to the management
of audit projects. The
business address of Sun
Shore Services, Inc. is
8192 College Parkway, Fort
Myers, Florida 33919.

Publication Date.
The consultant proposal request
was published in the
May 14, 1991, issue of
the Texas Register
 (16 TexReg 2671).

Description of Services
. Services shall include
custom-designing and presenting
programs addressing principles
of project management relating
to audits conducted by
the SAO; providing training
and technical assistance to
the SAO in areas of
planning, scheduling, and evaluating
audit projects; custom-designing
a project management handbook
for the SAO; and consulting
with SAO staff and management
regarding the application of
principles of project management
to audits.

Contract Amount.
Services will be provided
for $7,000 per workshop,
inclusive of all developmental
and travel costs, with
four workshops during the
period of performance, for
a maximum obligation of
$28,000; however, the SAO
expressly reserves the right
to negotiate and execute
amendments to the contract
to obligate additional funds
as the SAO determines
necessary.

Contract Period.
The period of performance
is June 22, 1991-August
31, 1992; however, the
SAO expressly reserves the
right to negotiate and
execute amendments to the
contract to extend the
period of performance as
the SAO determines necessary.

Due Date for Report
. The services to
be performed under the
contract do not involve
the preparation of a
consultant report.


Issued in Austin, Texas, on June 25, 1991.

TRD-9107524

Lawrence F. Alwin, CPA

State Auditor

Office of the State Auditor

Filed: June 25, 1991

For further information, please call: (512) 479-4900

   
   


Texas Department of Commerce-Texas Literacy Council


Requests for Proposals


The Texas Department of Commerce, through the Texas Literacy
Council, is soliciting proposals for programs to be funded under
the Job Training Partnership Act (JTPA) 8.0% (80%) education
coordination policy. A total of $900, 000 is available for local
literacy efforts through the JTPA service delivery areas (SDAs)
for the education of persons who qualify for JTPA funds and who
function at or below a sixth grade reading level.

The goal of the Texas Literacy Council is to fund the development
of community partnerships to serve JTPA eligible persons who
are most educationally disadvantaged. The partnerships must provide
the basic literacy skills required to enter employment training.

The proposed project should incorporate the following objectives
to meet the Texas Literacy Council's goal proposal requirements.

The successful bidders must serve out-of-school youth and
adults who meet JTPA eligibility requirements and who are most
educationally disadvantaged by teaching them basic literacy skills,
including reading, writing, and math. Reading should emphasize
comprehension, writing should emphasize a process approach, and
math should emphasize problem solving.

The successful bidders must design a curriculum reflective
the specific needs of a targeted group which coordinates the
local programs in a joint program to define desired educational
outcomes to facilitate attendance. The program must not duplicate
existing literacy efforts.

The successful bidders must form a partnership among literacy
efforts at the local level and coordinate the services of each
program to create a comprehensive literacy effort which can address
the needs of persons at various levels of literacy.

This initiative is targeted toward out-of-school youth and
adults qualifying for JTPA funds who function at or below a sixth
grade reading level. The SDAs are encouraged to further target
certain populations in need (e.g., aid to families with dependent
children, displaced homemakers, hearing impaired-deaf, technologically
displaced workers, limited English proficiency, homeless, and
learning disabled).

A particular population in need is the parents of young children.
The generational effects of illiteracy are well documented. Parental
"literacy behaviors" influence children's school achievement,
school attendance, motivation, self-concept, and behavior. Parents
who have not mastered the basic literacy skills may not model
appropriate literacy behaviors or pass it on to their children
the attitudes and abilities involved in literacy.

There is $900,000 available to allocate to an estimated 12
programs. The maximum request amount per program is $75,000.
The funding period is October 1, 1991-June 30, 1992.

The Texas Literacy Council reserves the right of final authority
on awarding of grants and is under no obligation to fund any
application. The department may also negotiate portions of a
proposal. Any bid not meeting the minimal requirements of the
RFP specifications will be deemed non-responsive and rejected.
The proposal must meet the following requirements in order to
be considered: the program must target the most educationally
disadvantaged; only SDAs may apply for funding; the SDAs may
subcontract with individual literacy efforts as long as the subcontractor
has the capacity to safeguard federal funds, administer the training
program to achieve planned objectives, and serve persons who
meet JTPA requirements; the SDAs are responsible for ensuring
that JTPA eligibility requirements are met and must provide intake
services for the programs; the SDAs must form a partnership to
coordinate with a local non-profit literacy council and one or
more of the following: libraries, adult basic education providers,
community based organizations, community colleges and technical
institutes and universities; the proposal must describe the partnership
and the specific roles each partner will play. The partnership
agreement must be signed by a representative of each participating
partner and must delineate the financial responsibilities borne
by each participating group; the proposal must include a plan
for referral services which coordinates the program with local
referral services; the proposal must specify the number of JTPA
eligible participants to be served; the proposal must: adhere
to the goal in the RFP; have written measurable objectives; identify
standards by which these objectives may be measured; design a
series of activities to accomplish the objectives; delineate
time lines for achievement of activities; and provide a final
report that describes the extent to which all objectives have
been met; the proposal must comply with program year 1991 JTPA,
8.0% (80%) education coordination state and federal cost category
limitations policy; the program must provide accessibility to
physically handicapped persons; the proposal must describe how
literacy training will be integrated with other training programs;
the deadline for receipt of proposals is August 1, 1991, 4:30
p.m.

The Texas Literacy Council retains the right to accept or
reject any or all proposals. The Texas Literacy Council is under
no legal requirement to execute a contract on the basis of its
making this request for proposals, and intends the material provided
herein only as a means of identifying and considering various
contractor alternatives and the general cost of services desired.

This request for proposals does not commit the Texas Literacy
Council to pay for any costs incurred prior to execution of a
contract or prior to funding availability from the United States
Department of Labor for this procurement.

The Texas Literacy Council specifically reserves the right
to vary the provisions set forth herein at any time prior to
execution of a contract where the Texas Literacy Council deems
such variance to be in the best interest of the State of Texas,
and to act otherwise as it deems in its sole discretion.

Interested bidders may obtain proposal instructions from the
Texas Department of Commerce, Texas Literacy Council, at the
following address: Texas Department of Commerce, Texas Literacy
Council, Work Force Development Division, First City Centre,
816 Congress Avenue, Suite 730, Austin, Texas 78701, Attn: Pat
Hargrove, Program Administrator.


Issued in Austin, Texas, on June 24, 1991.

TRD-9107585

Michael Regan

Chief Administrative Officer

Texas Department of Commerce

Filed: June 26, 1991

For further information, please call: (512) 472-5059

   
   


Texas Department of Health


Licensing Actions for Radioactive Materials


The Texas Department of Health has taken actions regarding
licenses for the possession and use of radioactive materials
as listed in the table below. The subheading labeled "Location"
indicates the city in which the radioactive material may be possessed
and/or used. The location listing " Throughout Texas" indicates
that the radioactive material may be used on a temporary basis
at job sites throughout the state.





[graphic]


In issuing new licenses and amending and renewing existing
licenses, the Texas Department of Health, Bureau of Radiation
Control, has determined that the applicants are qualified by
reason of training and experience to use the material in question
for the purposes requested in accordance with Texas
Regulations for Control of
Radiation in such
a manner as to minimize
danger to public health
and safety or property
and the environment; the
applicants' proposed equipment,
facilities, and procedures are
procedures are adequate to
minimize danger to public
health and safety or
property and the environment;
the issuance of the license(s)
will not be inimical
to the health and safety
of the public or the
environment; and the applicantes
satisfy any applicable special
requirements in the Texas
Regulations for Control of
Radiation.

This notice affords the opportunity for a hearing on written
request of a licensee, applicant, or person affected within 30
days of the date of publication of this notice. A person affected
is defined as a person who is resident of a county, or a county
adjacent to the county, in which the radioactive materials are
or will be located, including any person who is doing business
or who has a legal interest in land in the county or adjacent
county, and any local government in the county; and who can demonstrate
that he has suffered or will suffer actual injury or economic
damage due to emissions of radiation. A licensee, applicant,
or person affected may request a hearing by writing David K.
Lacker, Chief, Bureau of Radiation Control (Director, Radiation
Control Program), 1100 West 49th Street, Austin, Texas, 78756-3189.

Any request for a hearing must contain the name and address
of the person who considers himself affected by agency action,
identify the subject license, specify the reasons why the person
considers himself affected, and state the relief sought. If the
person is represented by an agent, the name and address of the
agent must be stated.

Copies of these documents and supporting materials are available
for inspection and copying at the office of the Bureau of Radiation
Control, Texas Department of Health, 1212 East Anderson Lane,
Austin, from 8 a.m. to 5 p.m. Monday-Friday (except holidays).


Issued in Austin, Texas, on June 20, 1991.

TRD-9107485

Robert A. MacLean, M.D.

Deputy Commissioner

Texas Department of Health

Filed: June 24, 1991

For further information, please call: (512) 458-7236

   
   


Texas Department of Human Services


Public Notice


The Texas Department of Human Services (DHS) has published
a report outlining its proposed intended use of federal block
grant funds during fiscal year 1992 for Title XX social services
programs. To obtain free copies of the report send written requests
to Nancy Murphy, Section Leader, Policy and Document Support,
Mail Code E-503, Texas Department of Human Services, P.O. Box
149030, Austin, Texas 78714-9030. DHS is seeking written comments
from representatives of both public and private sectors regarding
the proposed use of Title XX block grant funds. Written comments
will be accepted through August 1, 1991. Please mail comments
to Nancy Murphy.


Issued in Austin, Texas, on June 26, 1991.

TRD-9107589

Nancy Murphy

Agency liaison, Policy and Document Support

Texas Department of Human Services

Filed: June 26, 1991

For further information, please call: (512) 450-3765

   
   


Public Notice Open Solicitation


Pursuant to Title 2, Chapters 22 and 32 of the Human Resources
Code and 40 TAC sec.19.2004, in the September 11, 1990, issue
of the Texas Register
(15 TexReg. 5315), the
Texas Department of Human
Services (TDHS) is announcing
the reopening of the
open solicitation period for
Sherman County, County Number
211, identified in the
May 24, 1991, issue of
the Texas Register
 (16 TexReg 2922).
Potential contractors desiring
to construct a 90-bed
nursing facility in the
above referenced area must
submit a written reply
(as described in 40 TAC
sec.19.2004) to TDHS, Gary
L. Allen, Institutional Programs
Section, Long Term Care
Department, Mail Code W-
519, P.O. Box 149030,
Austin, Texas 78714-9030. Upon
receipt of a reply from
a potential contractor, TDHS
will place a notice in
the Texas Register
 to announce the closing
date of the reopened
solicitation period.


Issued in Austin, Texas, on June 26, 1991.

TRD-9107588

Nancy Murphy

Agency liaison, Policy and Document Support

Texas Department of Human Services

Filed: June 26, 1991

For further information, please call: (512) 450-3765

   
   


State Board of Insurance


Company Licensing


The following applications have been filed with the State
Board of Insurance and are under consideration.

1. Application for admission to do business in Texas for AMA
Insurance Agency, Inc., a foreign third party administrator.
The home office is in Chicago, Illinois.

2. Application for incorporation in Texas for AMS Group, Inc.,
a domestic third party administrator. The home office is in Corpus
Christi, Texas.

3. Application for incorporation in Texas for Benefit Administrative
Services, Inc., a domestic third party administrator. The home
office is in Dallas, Texas.

4. Application for admission to do business in Texas for HMO
National Network, Inc., a foreign third party administrator.
The home office is in Wilmington, Delaware.

5. Application for admission to do business in Texas for United
Medical Resources, Inc., a foreign third party administrator.
The home office is in Cincinnati, Ohio.


Issued in Austin, Texas, on June 18, 1991.

TRD-9107495

Nicholas Murphy

Chief Clerk

State Board of Insurance

Filed: June 24, 1991

For further information, please call: (512) 463-6327

   
   


Public Utility Commission of Texas


Notice of Intent to File Pursuant to Public Utility Commission
Substantive Rule 23.27


Notice is given to the public of the intent to file with the
Public Utility Commission of Texas an application pursuant to
Public Utility Commission Substantive Rule 23.27 for approval
of customer-specific PLEXAR-Custom Service for American Airlines,
Fort Worth.

Tariff Title and Number
. Application of Southwestern
Bell Telephone Company for
Approval of PLEXAR-Custom Service
for American Airlines Pursuant
to Public Utility Commission
Substantive Rule 23.27(k). Tariff
Control Number 10424.

The Application.
Southwestern Bell Telephone Company
is requesting approval of
PLEXAR-Custom Service for American
Airlines. The geographic service
market for this specific
service is Fort Worth
area.

Persons who wish to comment upon the action sought should
contact the Public Utility Commission of Texas, at 7800 Shoal
Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the
Public Utility Commission Public Information Section at (512)
458-1256, or (512) 458-0221 for teletypewriter for the deaf.


Issued in Austin, Texas, on June 21, 1991.

TRD-9107501

Mary Ross McDonald

Secretary of the Commission

Public Utility Commission of Texas

Filed: June 24, 1991

For further information, please call: (512) 458-0100

   
   


State Purchasing and General Services Commission


Request for Proposals


Notice is hereby given to all interested parties pursuant
to Texas Civil Statutes, Article 601b, Article 14, and 1 TAC
sec.125.17, the State Purchasing and General Services Commission
is soliciting proposals for the provision of contract commercial
airline fares for use by state employee traveling on official
state business. The request for proposals containing all requirements
necessary for an appropriate response may be obtained on or after
July 1, 1991, from: State Purchasing and General Services Commission,
Travel and Transportation Division, Central Services Building,
Room 101, 1711 San Jacinto, Austin, Texas 78711, Attention: Michael
N. Powers, Director, (512) 463-3557.

The closing date and time for receipt of proposals is 5 p.m.,
August 1, 1991. The commission will hold a pre-proposal conference
on July 8, 1991, from 3 p.m. -5 p.m., in Room 1-100 of the William
B. Travis State Office Building, 1701 North Congress Avenue,
Austin, for the purpose of addressing questions posed by interested
vendors. Attendance at this conference is not required for a
proposal to be submitted.

Proposals submitted will be evaluated and an award will be
made pursuant to the provisions of sec.125.17(b).


Issued in Austin, Texas, on June 25, 1991.

TRD-9107542

Judith Porras

General Counsel

State Purchasing and General Services Commission

Filed: June 25, 1991

For further information, please call: (512) 463-3446

   
   


Texas Water Commission


Invitation for Bids


Sealed bids for the installation and maintenance of granular
activated carbon (GAC) filter systems to remove petroleum product
contamination from well water will be received by the Texas Water
Commission, Purchasing, P.O. Box 13087, 1700 North Congress Avenue,
Room B-21, Austin, Texas 78711-3087, not later than 3 p.m. on
July 19, 1991. The contract will be a unit price services contract,
with 50 existing sites and the option to add additional sites
as necessary.

Specifications and bid forms may be obtained by the following
methods: by mail: Tara Drissell, Texas Water Commission, Petroleum
Storage Tank Division, P. O. Box 13087, Austin, Texas 78711-3087;
by fax: Tara Drissell, Texas Water Commission, Petroleum Storage
Tank Division, (512) 371-6200.

For any questions concerning the bid process or bid package,
call Tara Drissell at (512) 371-6200.


Issued in Austin, Texas, on June 26, 1991.

TRD-9107597

Jim Haley

Director, Legal Commission

Texas Water Commission

Filed: June 26, 1991

For further information, please call: (512) 371-6200