ISSUE OFJuly 12, 1991" Volume 16, Number 52, July 12, 1991 Pages 3799-3913 Emergency Sections Texas Housing Agency 3813-Low Income Rental Housing Tax Credit State Property Tax Board 3821-Truth in Taxation Requirements Proposed Sections Texas Education Agency 3823-Vocational and Applied Technology Education 3823-Foundation School Program 3824-Education Personnel Development 3825-Proprietary Schools and Veterans Education Texas Water Development Board 3826-Colonia Plumbing Loan Program State Property Tax Board 3829-Truth in Taxation Requirements Texas Youth Commission 3830-General Provisions 3831-Admission and Placement 3843-Treatment 3847-Discipline and Control Texas Department of Human Services 3860-Community Care for Aged and Disabled Withdrawn Sections Texas Workers' Compensation Commission 3863-Medical Benefits 3863-Medical Benefits-Guidelines for Medical Services, Charges, and Payments Texas Parks and Wildlife Department 3863-Parks Texas Water Development Board 3863-Colonia Plumbing Loan Program Adopted Sections Texas Education Agency 3865-Curriculum 3865-Teacher Certification 3865-Hearings and Appeals Texas State Board of Public Accountancy 3866-Quality Review State Board of Insurance 3867-Title Insurance Texas Workers' Compensation Commission 3868-Guidelines for Medical Services, Charges, and Payments Texas County and District Retirement System 3869-Miscellaneous Rules Texas Department of Human Services 3869-Income Assistance Services 3871-Food Distribution and Processing 3871-Purchased Health Services Texas Commission on Human Rights 3872-Administrative Review Open Meetings 3875-Texas Department of Agriculture 3876-State Aircraft Pooling Board 3876-Texas Commission on Alcohol and Drug Abuse 3876-Texas Animal Health Commission 3876-Texas Department of Aviation 3876-State Bar of Texas 3877-Bond Review Board 3877-Texas Department of Criminal Justice 3877-Texas State Board of Examiners of Dietitians 3877-Texas Council on Disabilities 3878-Educational Economic Policy Center 3878-Texas Education Agency 3879-Texas Employment Commission 3879-Commission on Fire Protection 3879-Office of the Governor, Criminal Justice Division Texas Crime Stoppers Advisory Council 3879-Texas Department of Health 3879-Texas Health and Human Services Coordinating Council 3880-Texas Department of Human Services 3880-State Board of Insurance 3881-Texas State Library and Archives Commission 3881-Texas Department of Licensing and Regulation 3881-Texas State Board of Medical Examiners 3881-Texas Council on Offenders with Mental Impairments 3881-Texas Motor Vehicle Commission 3881-Board of Nurse Examiners 3882-Texas Board of Licensure for Nursing Home Administrators 3882-Texas Board of Private Investigators and Private Security Agencies 3882-State Property Tax Board 3882-Public Utility Commission of Texas 3883-Texas Rehabilitation Commission 3883-House of Representatives 3883-School Land Board 3883-State Securities Board 3884-Board for Lease of State-owned Lands 3884-Teacher Retirement System of Texas 3884-Texas A&M University System Board of Regents 3885-Texas Association of Regional Councils 3885-Texas Southern University 3885-Texas Turnpike Authority 3885-University of Houston 3886-University of Texas Health Science Center at San Antonio 3886-Texas Water Commission 3887-Texas Workers' Compensation Commission 3887-Texas Workers' Compensation Insurance Facility 3887-Regional Meetings In Addition State Banking Board 3891-Notice of Hearing 3891-Notice of Hearing Cancellation Office of Consumer Credit Commissioner 3891-Notice of Rate Bracket Adjustments 3891-Notice of Rate Ceilings Governor's Energy Office 3892-Consultant Proposal Request Texas Department of Health 3894-Breast and Cervical Cancer Screening Programs 3895-Licensing Actions for Radioactive Materials 3899-Notice of Intent to Revoke Certificates of Registration 3900-Notice of Intent to Revoke Radioactive Material Licenses 3900-Permit Applications for Municipal Solid Waste Site Notice of Filing 3907-Public Hearing on Proposed Rules to Implement Public Law 100-476 Texas Department of Human Services 3907-Notice of Public Hearing State Board of Insurance 3907-Company Licensing Lamar University System 3907-Consultant Proposal Request Texas Parks and Wildlife Department 3908-Notice of Public Hearing to Revoke License Public Utility Commission of Texas 3908-Notice of Intent to File Pursuant to PUC Substantive Rule 23.27 State Purchasing and General Service Commission 3909-Summary of Other State Bidding Preference Laws The Texas A&M University System 3911-Public Notice Texas Water Commission 3912-Enforcement Order 3912-Notice of Application of Waste Disposal Permit Texas Worker's Compensation Commission 3913-Discount Rate; Interest Rate CONTENTS CONTINUED INSIDE ISSUE OFJuly 12, 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 10. COMMUNNITY DEVELOPMENT Part IV. Texas Housing Agency 10 TAC sec.sec.149.1-149.13--3813 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas 16 TAC sec.3.1--3767 16 TAC sec.3.14--3765 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 19. EDUCATION Part II. Texas Education Agency 19 TAC sec.75.4--3865 19 TAC sec.78.1--3823 19 TAC sec.105.71--3823 19 TAC sec.141.431--3865 19 TAC sec.141.433--3865 19 TAC sec.149.21--3824 19 TAC sec.157.98--3865 19 TAC sec.185.15--3825 TITLE 22. EXAMINING BOARDS Part IX. Texas State Board of Medical Examiners 22 TAC sec.sec.176.1-176.3--3759 22 TAC sec.188.1, 188.2--3765 22 TAC sec.193.7--3767 Part XXII. Texas State Board of Public Accountancy 22 TAC sec.527.1--3866 22 TAC sec.527.2--3866 22 TAC sec.527.3--3866 22 TAC sec.527.4--3866 22 TAC sec.527.5--3866 22 TAC sec.527.6--3866 22 TAC sec.527.7--3867 TITLE 25. HEALTH SERVICES Part II. Texas Department of Mental Health and Mental Retardation 25 TAC sec.401.53--3760 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 I. State Board of Insurance 28 TAC sec.9.11--3867 Part II. Texas Workers' Compensation Commission 28 TAC sec.134.2--3868 28 TAC sec.134.4--3869 28 TAC sec.42.110--3863 28 TAC sec.133.3--3708 28 TAC sec.134.400--3863 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department 31 TAC sec.59.2, sec.59.3--3863 Part III. Texas Air Control Board 31 TAC sec.101.27--3761 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 Part X. Texas Water Development Board 31 TAC sec.sec.363.1-363.3--3769 31 TAC sec.sec.363.1-363.5--3769 31 TAC sec.sec.363.11-363.15--3769 31 TAC sec.sec.363.31-363.32--3769 31 TAC sec.sec.363.31-363.38--3769 31 TAC sec.sec.363.41-363.43--3769 31 TAC sec.sec.363.51-363.57--3770 31 TAC sec.sec.363.52-363.60--3770 31 TAC sec.363.71--3770 31 TAC sec.363.71, sec.363.72--3770 31 TAC sec.sec.363.81-363.85--3771 31 TAC sec.363.91, sec.363.92--3771 31 TAC sec.sec.363.101-363.108--3771 31 TAC sec.363.111, 363.112--3771 31 TAC sec.sec.363.121-363.126--3771 31 TAC sec.363.141--3771 31 TAC sec.sec.363.161-363.165--3771 31 TAC sec.363.181--3772 31 TAC sec.363.201, sec.363.202--3772 31 TAC sec.sec.363.201-363.208--3772 31 TAC sec.sec.363.221-363.224--3772 31 TAC sec.sec.363.231-363.235--3775 31 TAC sec.363.241, sec.363.242--3775 31 TAC sec.sec.363.251-363.257--3776 31 TAC sec.sec.363.281-363.283--3776 31 TAC sec.sec.363.291-363.295--3776 31 TAC sec.363.301, sec.363.302--3776 31 TAC sec.sec.363.301-363.303--3776 31 TAC sec.sec.363.311-363.314--3776 31 TAC sec.sec.363.311-363.321--3776 31 TAC sec.363.321--3776 31 TAC sec.363.331--3776 31 TAC sec.sec.363.331-363.333--3777 31 TAC sec.sec.363.401-363.404--3777 31 TAC sec.sec.363.501-363.508--3777 31 TAC sec.sec.363.601-363.610--3777 31 TAC sec.370.1, sec.370.2--3826, 3863 31 TAC sec.sec.379.21-370.35--3827, 3863 31 TAC sec.sec.370.41-370.43--3828, 3863 31 TAC sec.sec.370.51-370.53--3829, 3863 31 TAC sec.370.61--3829, 3864 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 Part IV. Employees Retirement Systems of Texas 34 TAC sec.81.1, sec.81.7--3777 34 TAC sec.81.7--3765 34 TAC sec.sec.85.3, 85.5, 85.7, 85.9--3779 Part V. Texas County and District Retirement System 34 TAC sec.107.2--3869 Part VI. Texas Municipal Retirement System 34 TAC sec.123.1--3779 34 TAC sec.127.3--3779 Part VII. State Property Tax Board 34 TAC sec.153.2--3821, 3829 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission 37 TAC sec.sec.81.111, 81.113, 81.118--3830 37 TAC sec.sec.81.114, 81.116, 81.117, 81.120, 81.121 --3830 37 TAC sec.sec.81.401, 81.402, 81.403, 81.404, 81.405, 81.406, 81.407--3830 37 TAC sec.85.1, sec.85.3--3831 37 TAC sec.sec.85.21, 85.23, 85.25, 85.29, 85.35--3833 37 TAC sec.85.23, sec.85.29--3839 37 TAC sec.sec.85.27, 85.31, 85.33, 85.43--3840 37 TAC sec.sec.87.1, 87.3, 87.7, 87.9, 87.21, 87.23 --3843 37 TAC sec.sec.87.7, 87.9, 87.21, 87.23--3843, 3847 37 TAC sec.87.53--3846, 3847 37 TAC sec.87.75--3846, 3847 37 TAC sec.sec.91.1, 91.3, 91.5, 91.7, 91.9, 91.11, 91.13 --3847 37 TAC sec.91.31-- 37 TAC sec.sec.91.55, 91.57, 91.59, 91.63, 91.65, 91.69 --3855 37 TAC sec.sec.91.55, 91.57, 91.59, 91.63, 91.65, 91.69, 91.73--3855 37 TAC sec.81.113--3757 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services 40 TAC sec.3.704--3869 40 TAC sec.3.902--3731, 3870 40 TAC sec.11.107--3871 40 TAC sec.15.433--3763 40 TAC sec.15.455, sec.15.465--3763 40 TAC sec.15.500--3763 40 TAC sec.sec.29.201-29.207--3871 40 TAC sec.29.2401--3872 40 TAC sec.48.2203, sec.48.2205--3731 40 TAC sec.sec.48.2801-48.2810--3860 40 TAC sec.48.2904, sec.48.2924--3862 40 TAC sec.48.2906, sec.48.2918--3764 40 TAC sec.48.2908--3764 40 TAC sec.79.1603-79.1605, 79.1607, 79.1608, 79.1610, 79.1612, 79.1614--3779 40 TAC sec.sec.79.1701, 79.1705, 79.1714, 79.1716--3780 40 TAC sec.sec.85.4001, 85.4013, 85.4018--3780 40 TAC sec.85.6016--3780 Part VI. Texas Commission on Human Rights 40 TAC sec.327.1--3872 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 10. COMMUNITY DEVELOPMENT Part IV. Texas Housing Agency Chapter 149. Low-Income Rental Housing Tax Credit 10 TAC sec.sec.149.1-149.13 The Texas Housing Agency adopts on an emergency basis the repeal of sec.sec.149. 1-149.13, concerning low-income rental housing tax credits. The sections are repealed in order to enact new sections which conform to the requirements of new regualtiosn enacted under the Internal Revenue Code, sec.42, as amended, which provides for credit against federal income taxes for owners of qualified low-income rental housing projects. Emergency repeal is necesary in order to prevent loss of state allocation authroity and disruption of the state's low-income rental housing tax credit program. The repeals are adopted on an emergency basis under the Texas Housing Agency Act, Texas Civil Statutes, Article 12691-6, which provides the Texas Housing Agency with the authrotiy to adopt rules governing the adminsitration of the agency and its programs; Executive Order AWR-91-4 (June 17, 1991), which provides the Texas Housing Agency with the authority to make housing credit allocations for the State of Texas; and the Low Income Housing Tax Credit State Allocation Plan approved by the governor, which defines the procedures for the allocation of housing tax credit among projects. sec.149.1. Scope. sec.149.2. Definitions. sec.149.3. State Housing Credit Ceiling. sec.149.4. Applications; Market Study; Reservations; Notification; Commitments; Extensions; Carryover Allocations; Agreements and Elections; Extended Commitments. sec.149.5. Set-Asides, Reservations, and Preferences. sec.149.6. Threshold Criteria; Evaluation Factors; Selection Criteria; Bonus Points; Final Ranking; Credit Amount; Tax Exempt Bond Financed Projects. sec.149.7. Housing Credit Allocations. sec.149.8. Agency Records, Certain Required Filings. sec.149.9. Agency Responsbilities. sec.149.10. Application, Reservation, and Extension Fees. sec.149.11. Manner and Place of Filing Applications. sec.149.12. Withdrawals, Amendments, Cancellations. sec.149.13. Waiver and Amendment of Rules. Issued in Austin, Texas, on July 2, 1991. TRD-9107896 Mario Aguilar Attorney Texas Housing Agency Effective date: July 2, 1991 Expiration date: October 30, 1991 For further information, please call: (512) 474-2974 The Texas Housing Agency adopts on an emergency basis new sec.sec.149.1-149.13, concerning low-income rental housing tax credits. The new sections provide procedures for the allocation by the agency of certain low-income housing tax credits available under federal income tax laws to owners of qualified low-income rental housing projects. It is necessary to replace on an emergency basis former rules, which are repealed by simultaneous publication on an emergency basis, in order to conform the agency's regulations to new federal and state regulations, to ensure compliance with applicable federal and state law, and to avoid loss of state allocation authority and possible disruption of the state's low-income rental housing tax credit program. The new sections are adopted on an emergency basis under the Texas Housing Agency Act, Texas Civil Statutes, Article 12691-6, which provides the Texas Housing Agency with the authority to adopt rules governing the administration of the agency and its programs; Executive Order AWR 91-4 (June 17, 1991), which provides the Texas Housing Agency with the authority to make housing credit allocations for the State of Texas; and the Low-Income Housing Tax Credit State Allocation Plan approved by the governor, which defines the procedures for the allocation of housing tax credit among projects. sec.149.1. Scope.
    The rules in this chapter apply to the allocation by the Texas Housing Agency (agency) of certain low-income rental housing tax credits authorized by applicable federal income tax laws. The Internal Revenue Code of 1986 (the Code), s42, as amended, provides for credits against federal income taxes for owners of qualified low-income rental housing projects. That section provides for the allocation of the available tax credit amount by state housing credit agencies. Pursuant to Executive Order AWR-91-4 (June 17, 1991), the Texas Housing Agency was authorized to make housing credit allocations for the State of Texas. As required by the Code, sec.42(m)(1), the agency developed a qualified allocation plan which is set forth in s149.6 of this title (relating to Threshold Criteria; Evaluation Factors; Selection Criteria; Bonus Points; Final Ranking; Credit Amount; Tax Exempt Bond Financed Projects); such qualified allocation plan was adopted by the governor on June 17, 1991. Therefore, the purpose of the sections in this chapter is to establish procedures for applying for and obtaining an allocation of the low-income rental housing tax credit, along with insuring that the proper selection criteria, priorities, and preferences are followed in making such allocations. It is a goal of this agency, through these sections, to encourage diversity through broad geographic allocation of tax credits within the state. The sections are intended to promote maximum utilization of the available tax credit amount, consistent with ensuring that the tax credits are allocated to owners of projects that will serve the agency's public policy objectives of assisting in the provision of decent, safe, and sanitary housing for persons and families of low-income and families of moderate income. sec.149.2. Definitions.
      The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
        Agency-The Texas Housing Agency, a public and official governmental agency of the State of Texas created and organized under the Texas Housing Agency Act, Texas Civil Statutes, Article 12691-6, as amended.
          Agreement and election statement-An agreement between the agency, the project owner, and all successors in interest to the project owner as to the aggregate housing credit allocation amount that will be allocated to the building or buildings comprising the project, and an irrevocable election by the project owner to fix the applicable credit percentage(s) for the project in the month in which the agreement is executed.
            Applicable fraction -The fraction used to determine the qualified basis of the qualified low-income building, which is the smaller of the unit fraction or the floor space fraction, as defined more fully in the Code, sec.42(c)(1).
              Applicable percentage -The percentage used to determine the amount of the low-income housing tax credit, as defined more fully in the Code, s42(b).
                Application-An application in the form prescribed by the agency, including any required exhibits or other supporting materials, filed with the agency by a project owner requesting a housing credit allocation.
                  Board-The board of directors of the agency.
                    Building in default project-A project where the building(s) is acquired from an insured depository institution in default (as defined in the Federal Deposit Insurance Act, s3) or from a receiver or conservator of such an institution.
                      Carryover allocation -An allocation of current year tax credit authority by the agency pursuant to the provisions of the Code, sec.42(h) (1)(E).
                        Carryover allocation document-A carryover allocation document issued by the agency to a project owner pursuant to sec.149.4(j) of this title (relating to Applications; Market Study; Reservations; Notification; Commitments; Extensions; Carryover Allocations; Agreements and Elections; Extended Commitments).
                          Code-The Internal Revenue Code of 1986, as the same may be amended from time to time, together with any applicable regulations, rules, rulings, revenue procedures, information statements, or other official pronouncements issued thereunder by the United States Department of the Treasury or the Internal Revenue Service relating to the low-income rental housing tax credit program authorized by sec.42 thereof.
                            Commitment letter -A commitment letter issued by the agency to a project owner pursuant to sec.149.4(g).
                              Compliance period -With respect to a project, the period of 15 taxable years beginning with the first taxable year of the credit period with reset to the project, during which the project owner is required by the Code, sec.42, to maintain the project as rental property and to satisfy certain low-income occupancy requirements, as more fully defined in the Code, sec.42(i)(1) .
                                Credit period-With respect to a building within a project, the period of 10 taxable years beginning with the taxable year the building is placed in service or, at the election of the project owner, the succeeding taxable year, as more fully defined in the Code, sec.42(f)(1).
                                  Eligible basis -With respect to a building within a project, the building's eligible basis as defined in the Code, sec.42(d).
                                    Extended low-income housing commitment agreement-An agreement between the agency, the project owner, and all successors in interest to the project owner concerning the extended low-income housing use of buildings within the project as provided in the Code, sec.42(h)(6).
                                      Govermental contribution -Any form of financial assistance or insurance made available by any federal agency or state or local governmental unit to a project owner in connection with a project, provided that the amount of such assistance or insurance equals or exceeds 5.0% of the total development cost of the project, and provided further that any project financed under of the Housing Act of 1949, sec.515, shall be deemed to have received a governmental contribution.
                                        Handicapped person -A person having an impairment that is expected to be of long-continued and indefinite duration, is a substantial impediment to his or her ability to live independently, and is of a nature that the ability to live independently could be improved by a stable residential situation, as more fully defined in 24 Code of Federal Regulations, sec.841.1.
                                          Homeless person -An individual or family that lacks a fixed, regular, and adequate nighttime residence as more fully defined in 24 Code of Federal Regulations, sec.841.1.
                                            Housing credit allocation-An allocation by the agency to a project owner of a low-income rental housing tax credit in accordance with sec.149.7 of this title (relating to Housing Credit Allocations).
                                              Housing credit allocation amount-With respect to a building within a project, the product of the applicable percentage and the qualified basis specified by the agency in making a housing credit allocation to the project owner.
                                                Local tax-exempt organization-A project owner which is described in the Code, sec.501(c)(3) or (4), and which has a scope of business operation limited to the State of Texas or the governmental unit wherein the project will be situated.
                                                  Project-A low-income rental housing project the owner of which represents to be a qualified low-income housing project within the meaning of the Code, sec.42(g).
                                                    Project owner-Any individual, joint venture, partnership, corporation, cooperative, trust, or other person or entity that owns a project or expects to acquire a project pursuant to a purchase contract satisfactory to the agency.
                                                      Qualified allocation plan-An allocation plan which sets forth the selection criteria, priorities, and preferences provided in the Code, sec.42(m)(1).
                                                        Qualified basis -With respect to a building within a project, the building's eligible basis multiplied by the applicable fraction, as more fully defined in the Code, sec.42(c).
                                                          Qualified nonprofit organization-An organization that is described in the Code, sec.501(c)(3) or (4), that is exempt from federal income taxation under the Code, sec.501(a), and includes as one of its exempt purposes the fostering of low-income housing, as more fully defined in the Code, sec.42(h) (5)(C), and Temporary Treasury Regulation, sec.1.42-1T(c)(5)(ii).
                                                            Qualified nonprofit project-A project with respect to which a qualified nonprofit organization is to materially participate (within the meaning of the Code, sec.469(h)) in the development and continuing operation of the project throughout the compliance period.
                                                              Rehabilitation expenditure -Amounts incurred in connection with the rehabilitation of a project the owner of which represents to be "rehabilitation expenditures" within the meaning of the Code, sec.42(e).
                                                                Reservation letter -A reservation letter issued by the agency to a project owner pursuant to sec.149.4(e).
                                                                  Rural project-A project located either: outside the boundaries of any metropolitan statistical area (MSA) or primary, metropolitan statistical area (PMSA); or within the boundaries of an MSA or a PMSA designated by the Farmers Home Administration (FmHA) as an eligible area for purposes of FmHA housing assistance programs.
                                                                    Selection criteria -The criteria used to determine housing priorities of the agency which are appropriate to conditions in the state.
                                                                      State housing credit ceiling-The limitation imposed by the Code, sec.42(h), on the aggregate amount of housing credit allocations that may be made by the agency during any calendar year, as determined from time to time by the agency in accordance with the Code, sec.42(h).
                                                                        Threshold criteria -Criteria used to determine the necessary required project qualifications which are appropriate to conditions in the state.
                                                                          Total housing development cost-The total of all costs incurred by the project owner in acquiring, constructing, rehabilitating, and financing a project, as determined by the agency based on the information contained in the project owner's application.
                                                                            Unit-Any self-contained component within a project for occupancy which contains, at a minimum, kitchen facilities, bathroom facilities, and utilities. sec.149.3. State Housing Credit Ceiling. (a) The agency shall determine the state housing credit ceiling for each calendar year as provided in the Internal Revenue Code of 1986 (the Code), sec.42(h)(3)(C). (b) The agency shall publish each such determination in the Texas Register
                                                                              as soon as may be practicable after the making of such determination. (c) The aggregate amount of housing credit allocations made by the agency during any calendar year shall not exceed the state housing credit ceiling for such year as provided in the Code. sec.149.4. Applications; Market Study; Reservations; Notification; Commitments; Extensions; Carryover Allocations; Agreements and Elections; Extended Commitments. (a) Any project owner requesting a housing credit allocation for a project must submit an application to the agency which application shall be executed by an authorized representative of the project owner. This application shall contain full and complete information as to each item specified in the application. When any item is marked "not applicable," the project owner shall explain in detail why such item is "not applicable." The agency reserves the right to request the project owner to provide any additional information it deems relevant as an addendum to the application. (b) The project owner is hereby notified that it is his/her responsibility to ensure that the property is maintained in compliance with all state and federal environmental hazard requirements. (c) The market study requirement in the application shall comply with paragraphs (1), (2), and (3) of this subsection as applicable. (1) A market study prepared by a market appraiser selected from the list of approved market appraisers is required as part of the complete application when the project is either new construction or the rehabilitation of an existing project which is currently below 70% occupancy. The market study shall be prepared at the expense of the project owner and shall include, at a minimum, the following information: (A) an evaluation of the existing occupancy/vacancy rates in comparable multifamily rental residential developments in the same market area as the proposed project; (B) project absorption rates for at least one year from the date of the study for units in comparable multifamily rental residential developments in the same market area as the project that are suitable for occupancy by low-and-moderate income tenants; (C) projected occupancy/vacancy rates for at least one year following the date of the study for the market area in which the project is located, taking into account projected construction periods and lease-up periods for comparable multifamily rental residential developments planned or under construction within such market area at the time of the study; (D) an evaluation of the need for affordable housing within the project market area; (E) such other matters as the agency, in its sole discretion, may determine to be relevant to the agency's evaluation of the need for the project and the allocation of the requested housing credit allocation amount; and (F) the agency reserves the right to require that the project owner obtain a market study even if current occupancy is above 70%. (2) A written certification is required, in a form prescribed by the agency, from the market appraiser who prepared the market study required under the paragraph (1) of this subsection, stating that: (A) the projected total housing development cost of the proposed project is reasonable; (B) the proposed project, in light of vacancy and absorption rates for the applicable market area, is not likely to result in a vacancy rate for comparable units within such market area (i.e., standard, well-maintained units within such market area that are reserved for occupancy by low-and-moderate income tenants) that is unreasonable for such market area; (C) the projected initial rents for the project are reasonably affordable by low-and-moderate income tenants and within the rental range for the comparable projects within the market area; and (D) the information submitted by the project owner with respect to the project is credible and reasonably accurate (with any exceptions noted). (3) If a project owner requests a waiver of the required market study, the project owner shall provide the agency a separate written document, with any support information attached thereto, setting forth the exact reasons why such waiver is requested. The agency, at the pleasure of the board, may, in its discretion, waive any of the provisions of sec.149.4(c)(1) of this title (relating to Applications; Market Study; Reservations; Notification; Commitments; Extensions; Carryover Allocations; Agreements and Elections; Extended Commitments). (d) A project owner may file an application at any time during the following three application rounds: (1) Round 1-The agency will accept applications between May 15, 1991, and June 30, 1991; (2) Round 2-The agency will accept applications between July 1, 1991, and August 31, 1991; (3) Round 3-The agency will accept applications between September 1, 1991, and October 31, 1991. (4) Any application received after the deadlines listed in paragraphs (1)-(3) of this subsection will be reviewed in the subsequent application round, provided that said application is not received after October 31, 1991. If at October 31, 1991, the Texas Housing Agency (the agency) determines that additional credits are available for allocation, then the agency, in its sole discretion, may extend the deadline to receive applications not later than November 30, 1991. (e) The agency will reject any application that is incomplete or that is not accompanied by the application fee specified in sec.149.10 of this title (relating to Program Fees). (f) Within a reasonable amount of time after evaluation and ranking of an application as provided in sec.149.6 of this title (relating to Threshold Criteria; Evaluation Factors; Selection Criteria; Bonus Points; Final Ranking; Credit Amount; Tax Exempt Bond Financed Projects), the agency shall respond to the project owner in accordance with paragraphs (1), (2), or (3) of this subsection, as applicable. (1) Unless the entire state housing credit ceiling for the applicable calendar year has been reserved, committed, or allocated in accordance with this chapter, the agency shall issue a reservation letter to the project owner receiving a total of 14 points or more as provided in sec.149.6(b). The reservation letter shall: (A) confirm that the agency has received the project owner's application and has found the application to be in satisfactory form and to contain all required information; and (B) reserve to the project owner the housing credit allocation amount specified therein, subject to the conditions set forth in sec.149.7(a) of this title (relating to Housing Credit Allocations) and to compliance by the project owner with the remaining requirements of this chapter, and subject further to approval by the board of the project owner's application. The reservation letter shall expire on the date specified therein, which shall be no later than the 60th day following the date thereof or on the last business day of the applicable calendar year, whichever occurs first. (2) If the entire state housing credit ceiling for the applicable calendar year has then been reserved, committed, or allocated in accordance with this chapter, the agency shall place an application receiving a total of 14 points or more as prescribed in sec.149.6(b) on a waiting list and shall issue to the project owner a written notice of that action. If at any time prior to the last business day of the applicable calendar year, one or more reservation letters, commitment letters, or carryover allocation documents expire and a sufficient amount of the state housing credit ceiling becomes available, then the agency shall issue a reservation letter to the project owner in the manner and with the effect described in paragraph (1) of this subsection. (3) Applications not receiving a total of 14 points but meeting threshold criteria will be held in reserve until September 1 or thereafter of the allocation year and considered at such time for issuance of a reservation letter as provided in sec.149.6(b) if a sufficient amount of the state housing credit ceiling is available. (g) On the date a reservation letter is issued to the project owner, the agency shall notify in writing the mayor or other equivalent chief executive officer if the project or a part thereof is located in a municipality, otherwise the agency shall notify the chief executive officer of the county in which the project or a part thereof is located, to advise such individual that the project or a part thereof will be located in his/her jurisdiction and request any comments which such individual may have concerning such project. Such comments shall be part of the documents required to be reviewed by the board under subsection (g) of this section if received by the agency within 20 days after same are mailed to said individual; otherwise, if comments are received by the agency after 20 days, same may be reviewed at the discretion of the board under this subsection. (h) As soon as may be practicable following receipt by the agency of the application, the agency shall place the application on the agenda for review by the board at the next meeting of the board at which applications will be considered. Within 10 calendar days after the board reviews the application, the agency shall act upon the application in accordance with either paragraph (1) and (2) of this subsection, as applicable. (1) If the board approves the application, the agency shall issue a commitment letter to the project owner which commitment letter shall: (A) confirm that the agency has approved the application; and (B) state the agency's commitment to make a housing credit allocation to the project owner in a specified amount, subject to the conditions set forth in sec.149.7(a) and to compliance by the project owner with the remaining requirements of this chapter. This commitment letter shall expire on the date specified therein. (2) If the board disapproves or fails to act upon the application, the agency shall issue to the project owner a written notice so stating. (i) A project owner may request the agency to extend the expiration date of any reservation letter or commitment letter by submitting a written request for such action, accompanied by the extension fee specified in sec.149.10. The request shall specify the term of the extension requested and the reason or reasons why the project owner has been unable to satisfy the requirements of this chapter prior to the original expiration date. The agency may consider and grant such extension requests in its sole discretion; provided, however, that in no event shall the expiration date of a reservation letter or commitment letter be extended beyond the last business day of the applicable calendar year. (j) A project owner, who has been issued a commitment letter which has not expired, may request the agency to execute an agreement and election statement which has been duly dated and signed by the project owner in duplicate and received by the agency in duplicate prior to the end of the month in which said agreement and election statement was so dated and signed by the project owner. Upon receipt thereof, the agency shall, if the project owner is in full compliance with the rules in this chapter and the commitment letter, execute such agreement and return one executed original to the project owner. (k) A project owner who has been issued a commitment letter may request the agency to execute a carryover allocation document which has been properly completed, signed, dated, and certified by the project owner in triplicate original, and delivered to the agency prior to the expiration of the commitment letter but in no event shall the carryover allocation document be delivered to the agency later than December 20 of the calendar year in question. (s) Prior to the issuance of a housing credit allocation and/or carryover allocation document to a project owner, the project owner shall date, sign, and acknowledge before a notary in duplicate original an extended low-income housing commitment agreement and deliver same to the agency. Upon receipt thereof, the agency shall, if the project owner is in full compliance with the rules and the commitment letter, execute such extended low-income housing commitment agreement and return one executed original to the project owner. The property owner shall then record said extended low-income housing commitment agreement in the real property records of the county where the project is located and return a copy of same, duly certified as to recordation by the appropriate county official, to the agency. Receipt of such certified recorded copy by the agency is required prior to issuance of the housing credit allocation and/or carryover allocation document. sec.149.5. Set-Asides, Reservations, and Preferences. (a) Ten percent of the state housing credit ceiling for each calendar year shall be set aside exclusively for qualified nonprofit projects. (b) Ninety percent of the state housing credit ceiling for each calendar year shall be available for all projects (including qualified nonprofit projects), subject to the following reservations and preferences set forth in paragraphs (1) and (2) of this subsection. (1) Until August 30 of each year, 20% of such amounts shall be reserved for rural projects, 20% shall be reserved for projects with respect to which the owner has received or expects to receive a governmental contribution, 30% shall be reserved for building in default projects or REO properties held by Fannie Mae, FHLMC, federally chartered banks or federally approved mortgage companies and savings and loan associations, and 30% for all other projects. (2) No reservation letter or commitment letter shall be issued with respect to any project the total development cost of which, as determined by the agency, or the acquisition, construction, or rehabilitation cost (excluding financing and other soft costs) of which, as determined by the agency, exceed the square foot limitations established from time to time by the board. (c) The agency reserves the right to adopt and implement such other set-asides, reservations, and preferences as the agency may deem appropriate in connection with the making of housing credit allocations. sec.149.6. Threshold Criteria; Evaluation Factors; Selection Criteria; Bonus Points; Final Ranking; Credit Amount; Tax Exempt Bond Financed Projects. (a) Threshold criteria. To be considered for a reservation of tax credits, a project must first demonstrate that it meets the threshold criteria set forth as follows: (1) qualified residential rental project which meets the basic occupancy and rent restrictions of the Internal Revenue Code of 1986 (the Code), sec.42; (2) readiness to proceed as documented by: (A) evidence of site control in the form of a deed or contract for sale; (B) zoning approval evidence of current zoning from the appropriate municipal authority. If the property is currently a non-conforming use, as per zoning regulations, then the project owner must provide the following information from said municipal authority: (i)
                                                                                nature of non-conformance; (ii)
                                                                                  applicable destruction threshold; (iii)
                                                                                    owners rights to reconstruct in event of damage; (C) evidence of availability of utilities to the site; and (D) evidence of conditional or firm financing commitment. In order to qualify as a conditional or firm financial commitment, the project owner should provide, at a minimum, the following items: (i)
                                                                                      written evidence of commitment from the financial institution along with a contact person; (ii)
                                                                                        terms of the financing including, but not limited to, the original amount of financing, amortization period, interest rate, balloon term, and monthly payment; (iii)
                                                                                          listing of all conditions which must be met prior to the issuance of a firm commitment or the closing of said firm commitment and the date by which all conditions must be satisfied; (3) a statement signed by the project owner stating that he or she intends to enter into an extended low-income housing commitment with the Texas Housing Agency (the agency) as provided in the Code, sec.42(h)(6) subsequent to issuance of a commitment letter to the project owner; (4) for nonprofit projects: (A) the nonprofit must be a qualified nonprofit organization as defined in the Code, sec.42(h)(5)(C), and submit a copy of their non-profit certification documents; (B) a statement that the nonprofit will regularly, continuously, and substantially participate in the development and operation of the project throughout the compliance period; (5) project owner must provide current financial statements of any and all project owners and/or its general partners; (6) only those applications meeting threshold criteria will be further considered. Project owners whose applications do not meet threshold criteria will be so informed in writing. (b) Evaluation factors. The agency will consider applications for a housing credit allocation using the following evaluation and point system. (1) Applications will be evaluated against the threshold criteria as they are received in the agency during the month submission round. Applications not meeting the threshold criteria will be cancelled and returned to the applicant without further review. (2) Applications not meeting the threshold criteria may be revised and subsequently reapply to the agency along with a new application fee. (3) The applications will then be ranked according to the seven selection criteria hereinafter set forth under sec.149.6(c) of this title (relating to Threshold Criteria; Evaluation Factors; Selection Criteria; Bonus Points; Final Ranking; Credit Amount; Tax Exempt Bond Financed Projects). (4) The application will either receive a "yes" (one point unless otherwise indicated) or "no" (0 point) in each of the subcategories of the seven selection criteria outlined under sec.149.6(c). (5) There will be five bonus categories in which the application can earn additional points. (6) Applications, other than the types of housing proposed in sec.149.6(b) (7) receiving a total of 14 points, if a sufficient amount of state housing credit ceiling is available, will be issued a reservation letter as provided in sec.149.4(e) of this title (relating to Applications; Market Study; Reservations; Notification; Commitments; Extensions; Carryover Allocations; Agreements and Elections; Extended Commitments) and be eligible to move forward to an evaluation by an underwriter and the Ad Hoc Tax Credit Committee and a recommendation by such committee to the board concerning the issuance of a commitment letter at the next scheduled board meeting. (7) Applications for projects developed for special housing needs characteristics that include mental health/mental retardation projects, group homes, housing for homeless, and transient shelters receiving a total of eight points, if sufficient amount of state housing credit ceiling is available, will be issued a reservation letter as provided in sec.149.4(e) and be eligible to move forward to an evaluation by an underwriter and the Ad Hoc Tax Credit Committee, and a recommendation by such committee to the board concerning the issuance of a commitment letter at a scheduled board meeting. (8) Applications described in sec.149.6(b)(6) that do not receive 14 points, but receive a minimum of 12 points, are eligible to revise their application within the round submitted to achieve the required two additional points. (9) Applications not meeting the required number of points and not receiving a reservation letter will not be rejected, but will be held in reserve until September 1 of the allocation year and considered at such time if tax credits are available. At such time, applications will be considered in descending order based on the applications which received the highest number of points when initially evaluated. (10) Applications not meeting the required number of points and not receiving a reservation letter may be withdrawn, and reapply to the agency in the next available round, if so desired. (c) Selection criteria. The seven selection criteria, and subcategories thereof, are: (1) project location: (A) project is located in a difficult development area or qualified census tract as defined by the secretary of HUD as an area with high construction costs, land, and utility costs relative to area median gross income, and qualifies for the additional 130% credit allowance. The project owner must provide the census tract number of the project which corresponds with the census tract number designated by HUD. A copy of the census map and city or location map is required, which indicates the location of the project; (B) project contributes significantly to the economic development of the community by supporting neighborhood conservation in a locally targeted community development block grant (CDBG) area. The project owner must provide evidence from the local city/county authority in the form of a letter, on the appropriate letterhead, and a copy of the census map, showing the project is within a targeted CDBG area; (C) project is a rural project as such term is defined in sec.149.2 of this title (relating to Definitions); (D) project provides desegregated housing opportunities for low-income occupancy outside of qualified census tracts, difficult development areas, locally targeted areas, etc. The project owner must provide evidence from the city/county office in the form of a letter, on the appropriate letterhead, stating that the project will be a low-income project located in an area not normally considered to be low-income, and that it provides housing for low-income citizens which will desegregate the area and is outside a target area; (E) project provides scattered site, low density housing (less than 10 units per acre); (2) housing needs characteristics: (A) project is located in county in which the median age of the housing stock is 20 years or older. The project owner must provide the age of the housing stock in the project county by following the Texas Housing Agency County Guides; (B) project addresses local needs as evidenced by housing affordability using the Texas Housing Affordability Index developed by Texas A&M Real Estate Center. Index must be 1.40 or lower; (C) project is located in counties of the state where more than 25% of the occupied housing units are renter occupied; (3) project characteristics: (A) project is a federally assisted building in danger of having the mortgage assigned to HUD, FmHA, or a federal mortgage insurance fund. The project owner must provide evidence in the form of a letter from the institution which the project is in danger of being assigned to; (B) project is a low-income building eligible for prepayment of mortgage as provided in the Code, sec.42(d)(6)(C). The project owner must provide either the deed, deed of trust, or a letter from the lending institution evidencing the prepayment clause to be in compliance with the requirements of the Code; (C) project is housing that provides supportive services which may include meals, but are not limited to elderly and/or child day care and transportation. The project owner must provide a letter from the appropriate entity that is providing these services stating the extent to which these services are included; (D) the project will be placed in service within the calendar year. The project owner must certify as to the date in which all construction and/or rehabilitation will be completed; (E) project design promotes energy conservation. The project owner must provide documentation from an engineering or architectural firm performing the work describing the components and quantity of insulation to be installed, and that the installation of these materials will promote energy conservation; (F) project retains existing federal, state, and local subsidies through the additional assistance of the tax credit as an area targeted for special assistance through some recognized local plan; or project encourages the use of private funds. The project owner must provide documentation on appropriate letterhead from the entity providing the subsidy that the project is receiving the subsidies; (4) sponsor (project owner) characteristics: (A) project owner has a track record in successfully developing and placing in service housing of the type the project owner is proposing. The project owner must provide information with respect to its experience in the development and/or operation of both affordable and rental housing; (B) the management agent designated by the project owner has successful previous experience in continuing management of the housing type proposed. The project owner must provide information with respect to the management agent's previous experience in the management of both affordable and rental housing; (C) project owner has developed a management plan that specifies how the project will be managed. The project owner must provide a copy of the management plan for the project; (5) participation of local tax exempt organizations: (A) project owner has a community-based board and/or the project is sponsored and developed by a community development corporation. The project owner must provide a schedule of board members' names, addresses, telephone numbers, occupations, and position titles; (B) project is a joint venture project between a local tax-exempt organization and private for-profit entity with experience in the type of housing being proposed in this application. The project owner must provide a copy of the agreement between the two entities, along with sufficient information concerning the previous experience of the for-profit entity; (6) tenant populations with special housing needs: (A) project is located in an area in which more than 14% of the population is over 65 years of age as indicated in the Texas Housing Agency County Guide. The project must be designed and equipped for elderly tenants according to the requirements of the federal fair housing regulations regarding housing for older persons. There is a referral and marketing plan that includes plans for providing supportive services to elderly residents. The project owner must provide evidence that the age threshold stated in this subparagraph has been met. The applicant must also submit evidence that the project design is supportive of elderly tenants; (B) in projects involving new construction, at least 10% of the units are accessible to handicapped persons. In projects involving rehabilitation, at least 10% of the units are designed to be accessible and adaptable for handicapped persons. The project owner must provide design plans for the units that are handicapped accessible including, but not limited to, the number of wheelchair ramps, entryway dimensions, cabinet and doorway dimensions, and restroom dimensions and features. These features must be certified in writing, as well as providing the agency with a sketch plan of each handicapped unit; (C) project is designed and intended for use by agricultural workers. The project owner must submit a marketing plan that indicates a strategy for attracting these tenants. Project owner understands that this project must be 100% occupied by agricultural workers; (D) project is designed and developed for handicapped individuals including, but not limited to, the chronically mentally ill, developmentally disabled, or other disabled individuals. The project owner must provide evidence from local appropriate authorities to determine housing needs, along with certification from said authority that the project meets the needs and requirements for the type of housing being proposed. The project owner understands this project must be 100% occupied by permanently disabled individuals and the project must meet ANSI building standards; (7) public housing waiting lists. Project owner has committed in writing to the local public housing authority of availability of units and agrees it will consider those households on the public housing authority waiting list for the occupancy of such units. Project owner has prepared a marketing plan with details and provided a copy to the local public housing authority and the agency. The project owner must provide a copy of a letter to the public housing authority, along with a marketing plan for the project. (d) Bonus points. Bonus points are available, up to a maximum of five points, in the following categories: (1) property is owned by an insured depository institution in default, or by a receiver or conservator of such an institution, or is an REO property held by Fannie Mae, FHLMC, federally chartered banks, or by a federally approved mortgage company or savings and loan association (two points); (2) property provides transitional housing for homeless persons with supportive services designed to assist tenants in locating and retaining permanent housing. The project owner must provide a marketing plan indicating the strategy to attract homeless persons. The marketing plan must also include a descriptive narrative of the types of services provided and the qualification measures used to determine these services and the recipients of such services (one point); (3) property has minorities and/or women participating in the ownership of the development and management of the rental housing. The project owner must provide names of the participants, along with their role in the project and a copy of a valid identification card (one point); (4) project owner offers a right of first refusal to tenants of the property to purchase the property after the end of the compliance period (one point); (5) project composition offers a unit mix which is conducive to family housing. Bonus points will be awarded based upon the following percentages of two bedroom and greater size units as compared to the total number of units: 30-40%-one point; 41% plus-two points; (6) bonus points for family sized units will only be awarded to projects which set aside 100% of the residential units for low-income tenancy. (e) Final ranking. The agency will evaluate projects according to the strength of the project to meet the selection criteria. The results of the evaluation will be determined by the agency in its sole discretion and will not be subject to challenge or contest by any applicant. After evaluating and scoring all applications received each month, the agency will rank such applications according to the number of points received. Among those applications scoring 14 points or greater, the agency will give preference in allocation credit dollar amounts to projects: (1) which spend the highest percentage on project costs other than the costs of intermediaries; (2) serve the lowest income tenants; and/or (3) obligate the project owner (as evidenced by some type of agreement) to serve qualified tenants for the longest period of time. (f) Reporting noncompliance. In the event the agency becomes aware of noncompliance with the provisions of the Code, sec.42, by any project owner or other party associated with the project and/or project owner, the agency will notify the Internal Revenue Service in writing within 30 days. (g) Credit amount. The agency shall issue tax credits only in the amount needed for the financial feasibility and viability of a project throughout the credit period. The issuance of tax credits or the determination of any allocation amount in no way represents or purports to warrant the feasibility or viability of the project by the agency. (h) Tax exempt bond financed projects. Tax exempt bond financed projects which will not receive tax credits through the state allocation authority are also subject to the requirements for the allocation of a housing credit dollar amount under the allocation plan. sec.149.7. Housing Credit Allocations. (a) The housing credit allocation amount shall not exceed the dollar amount the agency determines is necessary for the financial feasibility of the project and its viability as a project throughout the credit period. Such determination shall be made by the agency at the time of issuance of the reservation letter, at the time of review by the board prior to issuance of commitment letter, at the time the agency makes a housing credit allocation, and the date the building is placed in service. Any housing credit allocation, amount specified in a reservation letter, commitment letter, allocation and/or carryover allocation document is subject to change by the agency dependent upon such determination. Such a determination shall be made solely at the discretion of the agency, considering the items specified in the Internal Revenue Code of 1986 (the Code), sec.42(m)(2)(B), and the agency in no way or manner represents or warrants to any project owner, sponsor, investor, lender, or other entity that the project is, in fact, possible or viable. (b) The agency shall make a housing credit allocation to any project owner who holds a commitment letter which has not expired, upon receipt from the project owner of evidence satisfactory to the agency that one or more buildings within the project have been placed in service. Such evidence may be in the form of a certificate of occupancy issued by an appropriate local governmental unit or other written evidence satisfactory to the agency demonstrating that the building or buildings are ready and available for occupancy. The agency shall make each such housing credit allocation by mailing or delivering IRS Form 8609 (or any successor form adopted by the Internal Revenue Service) to the project owner, with Part I thereof completed in all respects and signed by an authorized official of the agency. A separate housing credit allocation shall be made with respect to each building within a project which is eligible for a housing credit. (c) The agency shall execute in triplicate, when the project owner is in full compliance with the rules in the chapter and the commitment letter, a carryover allocation document which has been properly completed, executed, and certified by the project owner, and return one executed original to the project owner. In this situation, the agency shall, pursuant to the Code, s42(h)(1)(E), mail or deliver IRS Form 8609 (or any successor form adopted by the Internal Revenue Service) to the project owner, with Part I thereof completed in all respects and signed by an authorized official of the agency, in the calendar year that such buildings are placed in service provided that such buildings may not be placed in service later than the close of the second calendar year following the calendar year in which the allocation is made. (d) In making a housing credit allocation, the agency shall specify a maximum applicable percentage, not to exceed the applicable percentage for the building permitted by the Code, sec.42(b), and a maximum qualified basis amount. In specifying the maximum applicable percentage and the maximum qualified basis amount, the agency shall disregard the first-year conventions described in the Code, sec.42(f)(2)(A) and sec.42(f)(3)(B). The housing credit allocation made by the agency shall not exceed the amount necessary to support the extended low-income housing commitment specified in the Code, sec.42(h)(6)(C)(i). sec.149.8. Agency Records; Certain Required Filings. (a) At all times during each calendar year the agency shall maintain a record of the following: (1) the cumulative amount of the state housing credit ceiling that has been reserved pursuant to reservation letters during such calendar year; (2) the cumulative amount of the state housing credit ceiling that has been committed pursuant to commitment letters during such calendar year; (3) the cumulative amount of the state housing credit ceiling that has been committed pursuant to carryover allocation documents during such calendar year; (4) the cumulative amount of housing credit allocations made during such calendar years; and (5) the remaining unused portion of the state housing credit ceiling for such calendar year. (b) Not less frequently than quarterly during each calendar year, the agency shall publish in the Texas Register
                                                                                            each of the items of information referred to in subsection (a) of this section. (c) The agency shall mail to the Internal Revenue Service, not later than the 28th day of the second calendar month after the close of each calendar year during which the agency makes housing credit allocations, a copy of each completed (as to Part I) IRS Form 8609 mailed or delivered by the agency to a project owner during such calendar year, along with a single completed IRS Form 8610, Annual Low-Income Housing Credit Agencies Report. When a carryover allocation is made by the agency, Form 8609 will be mailed or delivered to the project owner by the agency in the year in which the building(s) is placed in service, and thereafter a copy mailed to the Internal Revenue Service in the time sequence previously mentioned. The original of the carryover allocation document will be filed by the agency with IRS Form 8610 for the year in which the allocation is made and an additional copy of said carryover allocation document will be filed with the Form 8609 that is issued to the project owner during the calendar year that the building is placed in service. The original of all executed agreements and election statements shall be filed by the agency with the agency's IRS Form 8610 for the year a housing credit allocation is made as provided in this section. (d) The project owner shall be responsible to furnish to the agency by May 31 following each calendar year during the compliance period copies of the completed Form 8609 with Schedule A, Annual Statement, and Form 8586 (or any successor form adopted by the IRS) filed with the IRS for the preceding tax year. (e) Project inspections are required to show that the project is built according to required plans and specifications. A copy of all project inspections required and accepted by the lender financing the project shall be acceptable to the agency as a certification that the project is built to plans and specifications if such inspections are required by the lender during the construction of the project. At a minimum to be acceptable to the agency, such inspections must include an inspection at the start-up phase, the interim phase, and a final inspection at the time the project is placed in service. If no project inspections are required by the lender financing the project, the agency will require at least three inspections be made of the project; such inspections shall be at the start-up phase, the interim phase, and a final inspection at the time the project is placed in service, and shall be performed by an independent, third party inspector hired by the agency. The project owner shall pay all fees to cover the cost of said inspections. (f) At the time each building in the project is placed in service, the project owner shall be responsible to furnish the agency a certified statement as to the costs attributable to said building. sec.149.9. Agency Responsibilities. (a) In making a housing credit allocation under this chapter, the agency shall rely upon information contained in the project owner's application to determine whether a building is eligible for the credit under the Internal Revenue Code of 1986 (the Code), sec.42. The project owner shall bear full responsibility for claiming the credit and assuring that the project complies with the requirements of the Code, sec.42, provided, however, that the agency will carry out its responsibilities under subsections (b) and (c) of this section. The agency shall have no responsibility for ensuring that a project owner who receives a housing credit allocation from the agency will qualify for the housing credit. (b) Pursuant to the Code, sec.42(m)(1)(B)(iii), state allocation agencies must develop and provide a procedure that the agency will follow in monitoring for compliance with the provisions of the aforementioned section, and in notifying the Internal Revenue Service of such noncompliance which said agency becomes aware of. The Omnibus Reconciliation Act of 1990, s11407(b)(10), provides the effective date of January 1, 1992 for purposes of sec.42(m)(1)(B)(iii) and shall apply to buildings placed in service before, on, or after such date. The agency will require for documentation purposes, at a minimum, the following information from the project owner(s). (1) An annual report, to be submitted to the agency on the anniversary date the project was placed in service, which said report will contain unit numbers, tenant name, tenant paid rental amount, move in date, and term of lease. (2) A tenant income and rental certification form (to be supplied by the agency) will accompany each annual report, which said certification form shall include tenant income information and tenant paid rental amounts. Said certification must be signed by each tenant, and certified by the acting management agent. (3) Project owner must supply the agency with a tenant income and rental certification form when any unit becomes occupied with the next qualified tenant. (4) The agency reserves the right to perform periodic physical inspections of the project upon sufficient notification to the project owners. (5) The agency reserves the right to amend and/or revise the compliance monitoring requirements as it deems appropriate and necessary. (c) In the event the agency becomes aware of noncompliance with the provisions of the Code, sec.42, by any project owner or other party associated with the project and/or project owner, the agency will notify the Internal Revenue Service in writing within 30 days. sec.149.10. Program Fees. (a) Each project owner that submits an application shall submit to the agency, along with such application, a nonrefundable application fee in an amount equal to the following:one-40 units -$200; 41-100 units-$500; 100 plus units-$5.00 per unit. (b) Each project owner that receives a commitment letter shall submit to the agency, not later than the expiration date on the commitment letter, a nonrefundable commitment fee in an amount equal to the greater of $1,000 or 3.0% of the housing credit allocation amount. (c) Each project owner that requests an extension of the expiration date of a reservation letter or commitment letter shall submit to the agency, along with such request, a nonrefundable extension fee in an amount equal to the greater of $200 or $5.00 multiplied by the number of dwelling units in the project. (d) Upon the project being placed in service, the project owner will pay a compliance monitoring fee in an amount equal to the following: one-10 units -$100; 11-100 units-$200; 100 plus units-$2.00 per unit. This annual fee will be multiplied by 15 years and discounted at 7.0%; the resultant present value will be assessed up front. The project owner will satisfy the requirement prior to the Texas Housing Agency's (the agency's) release of the IRS Form 8609 on the project. (e) Public information requests will be processed by the agency in accordance with the provisions of Texas Civil Statutes, Article 6252-17a. The State Purchasing and General Services Commission determines the cost of copying. (f) The amounts of the application fee, commitment fee, compliance monitoring fee, and extension fee specified in this section may be revised by the agency from time to time as necessary to ensure that such fees cover the agency's administrative expenses for processing applications. sec.149.11. Manner and Place of Filing Applications. (a) All applications, letters, documents, or other papers filed with the agency will be received only between the hours of 8 a.m. and 5 p.m. on any day which is not a Saturday, Sunday, or a holiday established by law for state employees. (b) All items submitted to the agency shall be mailed or delivered to Low Income Rental Housing Tax Credit Program, Texas Housing Agency, 811 Barton Springs Road, Suite 300, Austin, Texas 78704. sec.149.12. Withdrawals, Amendments, Cancellations.
                                                                                              A project owner may withdraw or amend an application prior to receiving a reservation, commitment, carryover allocation document or housing credit allocation, or may cancel a reservation letter or commitment letter by submitting to the agency a notice, as applicable, of withdrawal, amendment, or cancellation. An amendment of an application that results in an increase in the requested housing credit allocation amount or increase in points shall cause the application to be treated as having been filed on the date of the amendment. sec.149.13. Waiver and Amendment of Rules. (a) The board, in its discretion, may waive any one or more of these rules in cases of natural disasters such as fires, hurricanes, tornados, earthquakes, or other acts of nature as declared by federal or state authorities. (b) The agency may amend this chapter at any time in accordance with the provisions of Texas Civil Statutes, Article 6252-13a. Issued in Austin, Texas, on July 2, 1991. TRD-9107897 Mario Aguilar Attorney Texas Housing Agency Effective date: July 2, 1991 Expiration date: October 30, 1991 For further information, please call: (512) 474-2974 TITLE 34. PUBLIC FINANCE Part VII. State Property Tax Board Chapter 153. Truth in Taxation Requirements 34 TAC sec.153.2 The State Property Tax Board adopts on an emergency basis an amendment to sec.153.2, concerning notice of effective and rollback tax rates. The Tax Code, sec.26.04, requires the board to prescribe the form and content of the notice of a taxing unit's rollback tax rate. The amendment adopts amended Model Form 26.04 by reference. The modifications reflect additional steps in rate calculation required by law. The amendment is adopted on an emergency basis because changes in legislation will require a school district to use additional steps in calculating its rollback tax rate and these steps should be included in the notice. Otherwise, a school district that calculates its rollback tax rate on or after August 26, 1991, could not publish an accurate notice that would comply with the existing board rule. The amendment is adopted on an emergency basis under the Tax Code, sec.26.04, which provides the State Property Tax Board with the authority to prescribe the form and wording for notice of a taxing unit's effective and rollback tax rate. sec.153.2. Notice of Effective and Rollback Tax Rates. (a)-(c) (No change.) (d) Model Form 26.04, as amended July 11, 1991
                                                                                                [December 13, 1989], is adopted by reference. (e) (No change.) Issued in Austin, Texas, on July 2, 1991. TRD-9107879 Leon Willhite Executive Director State Property Tax Board Effective date: July 11, 1991 Expiration date: November 8, 1991 For further information, please call: (512) 329-7802 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 19. EDUCATION Part II. Texas Education Agency Chapter 78. Vocational and Applied Technology Education Subchapter A. General Provisions 19 TAC sec.78.1 The Texas Education Agency (TEA) proposes an amendment to sec.78.1, concerning indirect costs for vocational education. The Texas Education Code sec.16.155(f) directs the State Board of Education to establish rules on indirect cost for vocational education to be effective with the 1991-1992 school year. The proposed amendment would implement the requirement for allowing indirect costs beginning with the 1991-1992 school year. The amendment allows a maximum of 15% of the state allotment for vocational education to be used for general administrative costs. This is the same percentage as is allowed in all other categorical programs under the Foundation School Program. Madeleine Manigold, assistant commissioner for special programs funding and compliance, 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. Ms. Manigold and Criss Cloudt McCuller, director for planning coordination, have 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 increased flexibility for school districts in the use of funds, and an allowance for defraying administrative costs from program funds, whereas in the past program funds could only be used for vocational programs, services, and activities approved by the agency. 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 Criss Cloudt McCuller, Office of Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. The amendment is proposed under the Texas Education Code, sec.16.155, which provides the State Board of Education with the authority to establish the indirect cost allotment for vocational education. sec.78.1. Vocational and Applied Technology Education. (a)-(c) (No change.) (d) Vocational education funds shall be earned and shall be used to support only the programs, services, and activities conducted for the grade levels identified in sec.75.214 of this title (relating to Vocational Course Requirements). A maximum of 15% of state vocational education funds may be used by a school district for general administrative costs. 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 19, 1991. TRD-9107800 Thomas E. Anderson, Jr. Interim Commissioner of Education Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 463-9701 Chapter 105. Foundation School Program Subchapter D. School Year 19 TAC sec.105.71 The Texas Education Agency (TEA) proposes an amendment to sec.105.71, concerning days of operation required. Senate Bill 351, 72nd Legislature, and other pending legislation affect the State Board of Education's rule concerning the days of operation of school districts. The amendment reflects new statutory requirements; eliminates all prior requirements in the rule except for provisions for abbreviated days of instruction, which must be set by the local school board subject to a maximum of six per school year; eliminates the provision calling for a minimum of 175 days of instruction; and changes the title of the rule from "Days of Operation Required" to "Abbreviated Days of Instruction." Dr. Richard Swain, assistant commissioner for professional development, has determined that for the first five-year period the section is in effect there will be fiscal implications as a result of enforcing or administering the section. There will be no fiscal implications for state government. The effect on local government for the first five-year period will be the requirement of local districts to allocate 20 hours of inservice training in the 183-day school year. The costs should be minimal and there is no way to estimate a cost for each district. Dr. Swain and Criss Cloudt McCuller, director for planning coordination, also have 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 the publication of new statutory requirements associated with inservice education for school districts. 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 Criss Cloudt McCuller, Office of Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register . The amendment is proposed under the Texas Education Code, sec.16.052 and sec.21.008, which provides the State Board of Education with the authority to develop requirements associated with the operation of schools, and teacher preparation and staff development. sec.105.71. Abbreviated Days of Instruction [Operation Required]. [(a) Regular school program. [(1) Instructional program. [(A) All school districts shall operate on the basis of a semester system, with the schools being in operation two or three semesters during each school year, providing not less than 175 days of instruction for students. [(i)
                                                                                                  If a district offers two semesters, each semester must consist of from 86 to 89 days. [(ii)
                                                                                                    If a district offers three semesters, the three semesters must consist of approximately 58 days each. [(B) All school districts shall provide not less than 175 days of instruction for students. [(C) The first day of instruction each school year shall not be earlier than September 1. [(D) The school calendar shall be arranged so that the minimum hours of instruction required by Chapter 75 of this title (relating to Curriculum) are met. [(E) The last two days of each semester may be set aside for the purpose of giving final examinations in grades where classroom instruction is on a departmentalized basis provided a formalized examination schedule is established.] [(F)] With the approval of the local school board of trustees, a school may operate on an abbreviated day (not to be confused with half-day sessions). Where it is determined by the local board, in order to meet all classroom assignments, the local board may shorten each class period for any reason acceptable to the local board of trustees. [Any class period may not be shortened to less than 35 minutes in grades nine-12.] This procedure is to be used no more than six times per year and is to be so noted in the minutes of the local school board of trustees. [Districts which have scheduled class periods longer than 55 minutes may shorten periods to 55 minutes at local discretion, without being subject to the six times per year limit.] [(G) During the first four weeks of the school year, school boards may authorize shortened, but not less than half-day, sessions for the first grade students to provide ample time for these students to make necessary adjustments to the school environment. [(H) Upon action by the board of trustees, recorded in the minutes, no more than three days of actual instruction for the 1984-1985 school term may be set aside for senior days. [(2) In-service training and preparation program. [(A) In addition to the 175 instructional days for professional and paraprofessional personnel, a total of not less than eight days shall be allowed for in-service training and for preparation related to the instructional program of the district. [(B) Two preparation days must immediately precede the opening of schools for the regular term, and one preparation day must immediately follow the end of each semester. Teachers may not be required to participate in training or other activities outside the classrooms on preparation days. [(C) Inservice training shall be provided in accordance with Chapter 149, Subchapter B of this title (relating to In-service Education). [(3) Reduction in required numbers of days of operation in cases of disaster. [(A) The commissioner of education may approve the operation of schools for less than the number of days of instruction and in-service training and preparation otherwise required when disasters, floods, extreme weather conditions, fuel curtailments, or other calamities have caused the closing of the school. [(B) When schools are forced to close because of circumstances beyond the control of the school administrator, every effort must be made to reschedule the school calendar to comply with required days of operations. When such rescheduling would cause extreme hardships on students and faculty, the school administrator may request the commissioner of education to waive the statutory requirements for operations. The letter requesting this waiver shall clearly outline the efforts made to comply with the requirements and the hardships caused by complying with the statutory operational requirements. Each case will be judged based on the letter submitted by the school administrator. When waivers are granted the school district, correspondence granting the waiver should be appended to the superintendent's annual report. [(b) Special programs. Special programs may be approved by the commissioner of education to operate a specific number of days as required by the program. [(c) Holidays. All days of attendance or duty in this section are in addition to and do not include any holidays adopted by the local board of school trustees.] 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 14, 1991. TRD-9107801 Thomas E. Anderson, Jr. Interim Commissioner of Education Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 463-9701 Chapter 149. Education Personnel Development Subchapter B. Inservice Education 19 TAC sec.149.21 The Texas Education Agency (TEA) proposes an amendment to sec.149.21 concerning general requirements for inservice education. Senate Bill 351, 72nd Legislature, and other pending legislation affect the State Board of Education's rule concerning inservice education. The amendment reflects new statutory requirements that: change the title from "inservice education" to "staff development;" eliminate portions of the rule that go beyond the law in detailing the use of existing days; modify former subsection (f) concerning approved entities that may sponsor activities for staff development. Dr. Richard Swain, assistant commissioner for professional development, has determined that for the first five-year period the section is in effect there will be fiscal implications as a result of enforcing or administering the section. There will be no fiscal implications for state government. The effect on local government for the first five-year period will require local districts to allocate 20 hours of inservice training in the 183-day school year. The costs should be minimal and there is no way to estimate a cost for each district. Dr. Swain and Criss Cloudt McCuller, director for planning coordination, also have 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 the publication of new statutory requirements associated with staff development for school districts. There will be no 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 Criss Cloudt McCuller, Office of Planning Coordination, 1701 North Congress Avenue, Austin, Texas, 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. The amendment is proposed under Senate Bill 351, 72nd Legislature, which provides the commissioner with the authority to develop guidelines associated with staff development of teachers. sec.149.21. General Requirements for Staff Development [Inservice Education]. (a) Staff development
                                                                                                      [Inservice education] is defined as a planned program of learning opportunities that affords staff members of school districts opportunities for improving performance in currently held or newly assigned positions and creates an environment that encourages continuing job-related learning throughout the career of educators. Staff development shall include technology training. (b) The district's staff development program may include topics designated by the State Board of Education for annual district priority consideration such as special education, abuse, or neglect in students, dyslexia, discipline management, teacher appraisal orientation, HIV infection, suicide prevention, emotional disturbance, and recognition of signs that a student is using alcohol or other drugs. (c)
                                                                                                        [(b)] Each local district shall provide annually four days of inservice education and four preparation (work) days. Two of the preparation (work) days are to be used to prepare for the beginning of the school year. One preparation (work) day must immediately follow the end of each semester.] Teachers shall not be required to participate in group meetings, training, or other activities outside the classroom on preparation days, except for the three hours specified in statute. [(c) The district's inservice education program shall be derived from instructional and/or professional needs which the district has identified through the Texas teacher appraisal system. These needs shall be in the domains of instructional strategies, classroom management and organization, presentation of subject matter, the learning environment, and/or growth and responsibilities. Because of statewide needs, other topics may be designated by the State Board of Education as mandatory inservice topics for the school year designated. [(d) In addition to the requirements in subsection (c) of this section, the district's inservice education program may include one or more of the following: [(1) district and campus goals and objectives; [(2) curriculum objectives selected on the basis of student achievement data including, but not limited to, standardized achievement tests and the state student assessment program; [(3) professional needs of beginning teachers and teachers new to the district; and [(4) topics designated by the State Board of Education for annual district priority consideration such as special education, abuse or neglect in students, dyslexia, discipline management, teacher appraisal orientation, HIV infection, suicide prevention, and emotional disturbance. [(e) In planning for inservice education, districts shall include activities that: [(1) involve potential participants in identification of needs, the planning process, and the delivery of programs; [(2) use instructional strategies in delivering the programs that address the variety of learning styles of the adult learner; [(3) include follow-up activities to ensure implementation of acquired skills; and [(4) provide for an evaluation of the effectiveness of the inservice education programs.] (d)
                                                                                                          [(f)] Participants shall include all professional personnel and those paraprofessionals who regularly work with students in an instructional setting. Districts are encouraged to offer staff development
                                                                                                            [inservice] opportunities for all personnel. (e)
                                                                                                              [(g)] With advance local district approval, activities planned by or sponsored by school districts, education service centers, colleges/universities, professional associations, or governmental agencies may be counted as part of the required staff development.
                                                                                                                [days of inservice education. Such approved activities must be completed prior to the last preparation (work) day of the school year. A maximum of one day of professional association meetings may be approved by the district to count as an inservice day, provided it is not used to conduct the business of the professional association.] 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 13, 1991. TRD-9107802 Thomas E. Anderson, Jr. Interim Commissioner of Education Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 463-9701 Chapter 185. Proprietary Schools and Veterans Education Subchapter B. Commercial Driver Training Schools 19 TAC sec.185.15 The Texas Education Agency (TEA) proposes an amendment to sec.185.15, concerning teenage driver education. The proposed amendment is based on the following findings of the agency: the agency has previously permitted commercial driver training schools to enroll students into driver education programs on any unit of instruction in the course (open enrollment), rather than requiring all enrolling students to proceed in a group from the first to the last unit of instruction (closed enrollment). As a result of the open enrollment practices, the agency found that many schools were utilizing superficial and haphazard methods of teaching in order to accommodate the open enrollment. Commercial driving schools have attempted to justify the use of open enrollment based on reasons unrelated to sound education, such as the need for convenient and flexible scheduling, competition with the public sector, more regular income to the schools, and staffing needs. In consultation with educational experts, agency staff, agencies of other states, the State Board of Insurance, and commercial driving schools, the agency found that open enrollment in driver education is educationally unsound. It fails to provide group cohesiveness that will promote positive attitude formation, encourages disorderly instruction, does not allow for identification of individual student needs, and decreases the quality and content of the program. The reasons offered in support of open enrollment are insubstantial in comparison to concerns for the safety and welfare of the students as well as the citizens of the State of Texas. Rules requiring closed enrollment with uniform beginning and ending dates will standardize instructional practices, provide a classroom environment more conducive to the effective and consistent education of teenage drivers, and ultimately produce safer drivers in Texas. Dee Bednar, director for the division of proprietary schools and veterans education, 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. Ms. Bednar and Criss Cloudt, director for planning coordination, also have 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 to provide a more educationally sound driver education program to the benefit of both students and the driving public. The cost of compliance for small businesses should have no impact on the number of students, but could change the timing of revenue to the school. Since both large and small driver education schools will be equally affected by this section, there should not be any differential effect between large and small businesses with respect to cost per employee, cost per hour of labor, or cost per $100 of sales. There is no anticipated economic cost to persons who are required to comply with the proposed section. Comments on the proposal may be submitted to Criss Cloudt, Office of Planning Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed section submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register . The amendment is proposed under Texas Civil Statutes, Article 4413(29c), which provide the Texas Education Agency with the authority to adopt rules relating to commercial driver training schools. sec.185.15. Programs of Instruction. (a) This subchapter contains requirements for driving safety, driver education, and truck driving. For each program, the following curriculum documents and materials are required to be submitted as part of the application for approval. In addition, these programs shall meet all requirements in Subchapter E of this chapter (relating to Minimum Standards for Operation of Texas Proprietary Schools), as well as the following: (1) (No change.) (2) Teenage driver education. (A)-(B) (No change.) (C) Commercial driver training schools, who desire to instruct persons [between the] ages [of] 14 to 18 years, shall provide classes with uniform beginning and ending dates. Students shall be enrolled prior to the seventh hour of classroom instruction. A student enrollment contract executed prior to the effective date of this rule which does not provide for that student to attend a specific class with a uniform beginning and ending date may be honored by the school, provided that the training pursuant to that contract is completed prior to September 1, 1991. (i)-(iv)
                                                                                                                  (No change.) (D)-(H) (No change.) (3) (No change.) (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 19, 1991. TRD-9107901 Thomas E. Anderson, Jr. Interim Commissioner of Education Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 463-9701 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part X. Texas Water Development Board Chapter 370. Colonia Plumbing Loan Program Introductory Provisions 31 TAC sec.370.1, sec.370.2 The Texas Water Development Board (board) has withdrawn from consideration for permanent adoption proposed new sec.sec.370.1, 370.2, 370.21-370.35, 370. 41-370.43, 370.51-370.53, and 370.61 which appeared in the March 1, 1991, issue of the Texas Register (16 TexReg 1351); and proposes new sec.sec.370.1, 370. 2, 370.21-370.35, 370.41-370.43, 370.51-370.53, and 370.61, concerning Colonia Plumbing Loan Program. The board has withdrawn the previous sections due to substantial changes which were made to the rules as a result from comments received and legislation passed. The proposed new sections would enable the board to provide funding assistance to political subdivisions which will, in turn, allow the political subdivisions to provide low-interest plumbing improvement loans to colonia residents. Proposed sec.sec.370.1-370.2 would define the scope of the new chapter and provide definitions. Proposed sec.sec.370.21-370.35: establish a special revolving loan fund to benefit residents of colonias for plumbing improvement in federally designated counties; provide a maximum amount of funds available to eligible political subdivisions; state the standards and criteria for eligible improvements and political subdivision eligibility to participate in the program; state the maximum interest rate and term of loans to residents; define the responsibility of the borrower political subdivision for repayment of loan programs funds; set eligibility requirements for residents who apply for loans; require the borrower to use reasonable means to collect payments on loans from individuals; state that, to the extent the borrower is unable to collect payments on its colonia plumbing loans, the borrower is not obligated to repay a colonia plumbing loan; require adoption by the political subdivision of a water conservation and drought contingency plan before release of funds; require the adoption of local program operating procedures and establishment of a separate account for the administration of program funds; outline criteria for disbursing program funds and labor standards; and provide for program inspection and require a program audit. Proposed sec.sec.370.41-370.43 require information that is required on all loan applications to the board, reserve the right to return any application deemed insufficient, and state the procedures for scoring and ranking applications. Proposed sec.sec.370.51-370.53 provide for board action on applications and authorize the board, at the direction of the governor, to transfer unused funds and repayment amounts to the state water pollution control revolving fund. Proposed sec.370.61 would require an audit after a borrower's repayment to the board. Susan Morgan, director of accounting, 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. Ms. Morgan 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 the provision of low-interest plumbing improvement loans to colonia residents, thereby improving the overall public health of the community. 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. The agency has determined the proposed sections would not have an effect on local economies. Written comments on the proposed rules may be submitted to Todd Chenoweth, Project Director, Economically Distressed Areas Program, P.O. Box 13231, Austin, Texas 78711. Comments will be accepted for 30 days following publication. The new sections are proposed under the Texas Water Code, sec.6.101 and sec.15. 737, which provides the board with the general authority to adopt rules necessary to carry out its powers and duties and with authority to adopt rules relating to the plumbing loan improvement program. sec.370.1. Scope of Rules.
                                                                                                                    The sections of this chapter, adopted pursuant to the Texas Water Code, sec.6.101 and sec.15.737, shall govern the board's program for loans to residents of colonias for plumbing improvements in federally designated counties. sec.370.2. Definition of Terms.
                                                                                                                      The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
                                                                                                                        Applicant-A political subdivision of the State of Texas which applies to the Texas Water Development Board under this chapter for funds.
                                                                                                                          Board-Texas Water Development Board.
                                                                                                                            Borrower-A political subdivision of the State of Texas which receives funds from the Texas Water Development Board under this chapter.
                                                                                                                              Colonia-An area located within a county specified in sec.370.21 of this title (relating to General Policies) in which households do not have water or wastewater facilities meeting minimum state standards.
                                                                                                                                HUD sec.8 income limits-Department of Housing and Urban Development guidelines which determine low-to-moderate income families. Low-to-moderate income families are those earning less than 80% of the area median family income or of the statewide non-metropolitan median family income, as defined by HUD.
                                                                                                                                  Low-flow plumbing fixtures-Fixtures meeting the following flow requirements: (A) shower heads limited to a flow rate not to exceed 2.75 gallons per minute; (B) toilets utilizing no more than 1.6 gallons per flush; and (C) kitchen and lavatory faucets in non-public buildings limited to a flow rate not to exceed 2.2 gallons per minute.
                                                                                                                                    Owner-Record title holder of real property or purchaser of real property under a contract of sale, contract of deed, or other similar instrument.
                                                                                                                                      Plumber-Either a master plumber or a journeyman plumber licensed by the State Board of Plumbing Examiners.
                                                                                                                                        Political subdivision -A county, municipality, a non-profit member-owned, member-controlled water supply corporation organized and operating under Chapter 76, Acts of the 43rd Legislature, 1st Called Session, 1933, Texas Civil Statutes, Article 1434a, or district or authority created under the Texas Constitution, Article III, sec.52, or Article XVI, sec.59.
                                                                                                                                          Project areas-Colonias in which the applicant intends to loan money to residents for the purpose of making plumbing improvements.
                                                                                                                                            Water conservation plan-A plan adopted by the applicant that complies with the requirements of sec.363.59 of this title (relating to Required Water Conservation Plan). 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 July 5, 1991. TRD-9108034 Suzanne Schwartz General Counsel Texas Water Development Board Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 463-7981 Policy Declarations 31 TAC sec.sec.370.21-370.35 The new sections are proposed under the Texas Water Code, sec.6.101 and sec.15.737, which provides the board with the general authority to adopt rules necessary to carry out its powers and duties and with authority to adopt rules relating to the plumbing loan improvement program. sec.370.21. General Policies.
                                                                                                                                              The plumbing loan fund established in the Texas Water Code, sec.15.732, is to be used for the sole purpose of making loans to political subdivisions which then make loans to individuals for plumbing improvements in colonias in the following federally designated counties: Cameron, Hidalgo, Zapata, Starr, Webb, Maverick, Val Verde, Terrell, Brewster, Presidio, Hudspeth, and El Paso. The program is funded through a special allocation from the Environmental Protection Agency. sec.370.22. Application.
                                                                                                                                                Political subdivisions may make application to the board under this program. The political subdivisions will in turn make loans to individuals for plumbing improvements in colonias. Applicants may contract with non-profit corporations for administration of these funds. The board will not directly loan money to individuals. sec.370.23. Amount of Funding.
                                                                                                                                                  The maximum amount of funds to be made available to any political subdivision will not exceed $4,000 times the number of project area households which are without adequate water and wastewater facilities, plus the cost of reasonable administrative expenses, unless the applicant can demonstrate to the board's satisfaction that the average costs to bring an average household in the project area into compliance with existing county or city code requirements would exceed $4,000. Applicants are not required to provide any local match under this program. sec.370.24. Eligible Plumbing Improvements. (a) Loans may be made for: (1) connecting residences to water distribution systems; (2) providing yard service connections; (3) providing in-door plumbing facilities, including bathroom sink, shower, and bathtub, all of which must have low-flow shower head, hot water heater, kitchen sink, and low-flow toilet; (4) connecting residents to sewer collection systems, or providing suitable on-site wastewater disposal systems to enable such residences to meet applicable county or city code requirements; (5) retrofitting existing plumbing with low-flow fixtures; (6) correcting deficiencies in residences that lack an adequate foundation, walls, and roof for a bathroom, as a part of the plumbing improvements; and (7) paying any necessary connection fees, design costs, and applicable permit fees. (b) All work must be completed according to local building and plumbing codes and other applicable regulations. In areas that lack plumbing codes, improvements must be made to meet the standards of the Southern Plumbing Code. In areas that lack building codes, improvements must be made to meet the standards of the Southern Building Code. All plumbing improvements must be done by licensed plumbers. Any required design work must be performed by a registered engineer. sec.370.25. On-site Waste Disposal Permit.
                                                                                                                                                    Borrowers may make loans to a resident utilizing on-site waste disposal systems only if the resident has obtained a permit before the release of loan funds for construction. sec.370.26. Eligible Political Subdivisions. (a) The board will approve loans to a political subdivision only if the political subdivision is in a county that has adopted the model subdivision rules promulgated pursuant to the Texas Water Code, sec.16.343. The board may approve a loan to a municipality only if the municipality has also adopted the model subdivision rules. (b) The board may approve a loan to a political subdivision only if the political subdivision is, or is in an area within the jurisdiction of, an authorized agent of the Texas Department of Health under Health and Safety Code, Subchapter C, Chapter 366. sec.370.27. Loans.
                                                                                                                                                      The board shall determine the amount of loans and interest rate provided to applicants. Unless an interest rate to individuals is set in the loan from the board to the applicant, applicants may set their interest rates to individuals, but in no event shall this interest rate ever exceed the market rate for 90-day treasury bills prevailing at the time of closing the loan to the individual. The maximum term of the loan to individuals must not exceed 10 years. Borrowers are prohibited from generating any profit from program interest, connection fees, or other charges. Program interest may be utilized by borrowers only to pay program administrative expenses or provide funds to repay the borrowers for loan defaults. Upon final audit of the loan provided in sec.370.61 of this title (relating to Audit), the applicant shall return to the board any money collected from individual loan repayment which has not been spent on program administration or to provide loan repayments to the board. sec.370.28. Collection and Repayment.
                                                                                                                                                        A borrower shall use all reasonable means to collect payments on loans from individuals. To the extent the borrower is unable to collect payments on its colonia plumbing loans, the borrower is not obligated to repay a colonia plumbing loan. sec.370.29. Eligible Households.
                                                                                                                                                          Borrowers may provide loans to the following individuals for plumbing improvements: (1) residents in project areas who are the owners of the household for which improvements are to be made, occupied their property prior to November 9, 1989, and whose income is below the HUD sec.8 low-to-moderate income limits for the particular county in which the household is located; and (2) owners of real property who receive loans for plumbing improvements for real property leased to others in the project areas, provided the owner owned the property prior to November 9, 1989, agrees to rent the household unit(s) only to persons of low-to-moderate income until the loan is repaid in full, provides evidence of adequate collateral and credit history, and agrees not to displace the family currently living in any household unit which will receive the plumbing improvements, except for breach of a valid contract or lease. sec.370.30. Water Conservation Plan.
                                                                                                                                                            Before release of funds, borrowers must have adopted a water conservation and drought contingency plan that the executive administrator deems satisfies sec.363.15 of this title (relating to Required Water Conservation Plan). sec.370.31. Local Program Operating Procedures.
                                                                                                                                                              Applicants who receive funding under this program will be required to adopt local program operating procedures prior to issuance of any loans which contain the following: (1) a general statement giving reasons why the applicant is establishing the program and the local authority responsible for its administration; (2) provisions that allow funding only for improvements permitted by sec.370.24 of this title (relating to Eligible Plumbing Improvements); (3) provisions which establish requirements for participation by local residents in accordance with sec.370.25 of this title (relating to On-site Waste Disposal Permit) and sec.370.29 of this title (relating to Eligible Households); (4) maximum loan amount, term and interest rate consistent with sec.sec.370.23, 370.27, and 370.28 of this title (relating to Amount of Funding; Loans, and Collection and Repayment); (5) provisions that the borrower will supervise the bidding, contracts, payments to contractors, and inspection of work; and (6) any other reasonable local requirements which applicant or the board may deem appropriate (floodplain ordinances, building permits, etc.). sec.370.32. Accounts.
                                                                                                                                                                An applicant must establish a separate account for the program funds. sec.370.33. Disbursement of Program Funds.
                                                                                                                                                                  Borrowers may request disbursement of program funds on a monthly basis upon submittal of adequate documentation of the households approved by the borrower to receive assistance. Documentation will include a list of the households to be assisted, type of improvements required, and the corresponding loan amount per individual household. sec.370.34. Labor Standards.
                                                                                                                                                                    Construction related activities funded in whole or in part by this program are not required to comply with the Davis-Bacon Act. Borrowers must comply with the provisions of the Contract Work Hours and Safety and Health Standards Act, 40 United States Code 327-333, the Copeland Act, and the Fair Labor Standards Act. sec.370.35. Program Inspection and Audit.
                                                                                                                                                                      The executive administrator of the board is authorized to inspect the program at any time. If the executive administrator finds that the program is being improperly or inadequately operated, the executive administrator shall require the applicant to take corrective action. Failure by borrower to take corrective action may be cause for recalling the loan. 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 July 5, 1991. TRD-9108035 Suzanne Schwartz General Counsel Texas Water Development Board Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 463-7981 Applications to the Board 31 TAC sec.sec.370.41-370.43 The new sections are proposed under the Texas Water Code, sec.6.101 and sec.15.737, which provides the board with the general authority to adopt rules necessary to carry out its powers and duties and with authority to adopt rules relating to the plumbing loan improvement program. sec.370.41. Required Information.
                                                                                                                                                                        The following information is required on all applications to the board for plumbing improvement loans: (1) legal name of applicant and authority of law under which it was created; (2) name, title, address, and phone number of contract administrator for the applicant; (3) name and title of the principal officer and managing official of applicant; (4) brief socio-economic description of the project areas where the applicant intends to loan money to resident for the purpose of making improvements for plumbing; (5) staffing and qualifications of personnel administering program or qualifications of managing entity if applicant intents to contract for administrative services including a copy of the agreement between applicant and managing entity; (6) map showing the location of the project areas; (7) evidence that area residents desire to have plumbing improvements and the estimated number of households which would benefit from the program; (8) total amount of assistance requested for plumbing improvement loans and administrative expenses; (9) a copy of the applicant's water conservation and drought contingency plan; (10) evidence that the applicant political subdivision is in a county that has adopted the model subdivision rules adopted by reference in sec.355.74(2) of this title (relating to Criteria for Eligibility), and if such applicant is a municipality, that the municipality has also adopted the model subdivision rules; (11) evidence that the political subdivision is, or is in an area within the jurisdiction of, an authorized agent of the Texas Department of Health under the Health and Safety Code, Subchapter C, Chapter 366. (12) description of plan to provide plumbing improvements, to include development of local program operating procedures required by sec.370.31 of this title (relating to Local Program Operating Procedures); (13) evidence of available water facilities in area; (14) evidence that wastewater treatment capacity is available to serve the project area or that on-site waste treatment systems can work and be permitted; (15) evidence that the applicant can repay the loan; how it will collect repayments from individuals, and a copy of the form for the agreement to be used to provide loans to individuals; (16) documentation of pertinent priority system rating information to be considered under sec.370.43 of this title (relating to Priority System); (17) explanation of local requirements that will be incorporated into the local program operating procedures; and (18) other information requested by the board or the executive administrator. sec.370.42. Return of Insufficient Application.
                                                                                                                                                                          The executive administrator shall return any application not in substantial compliance with these rules. sec.370.43. Priority System.
                                                                                                                                                                            Applications submitted for consideration under this chapter will be scored and ranked under the following priority system. The maximum score an application may receive is 100 points. In order to be eligible for funding, an application must receive a minimum of 60 points. Points shall be awarded as follows: (1) Texas Department of Health (TDH) determination -30 points. Letter from TDH documenting that the health problems faced by residents of the project area due to inadequate water and/or wastewater facilities are severe; (2) lack of adequate plumbing (according to latest available United States Census data)-30 points maximum, determined as follows: (A) county average for lack of complete plumbing fixtures in homes is 100% or more over the state average-30 points; (B) county average for lack of complete plumbing fixtures in homes is at least 50% over the state average but less than 100%-25 points; or (C) county average for lack of complete plumbing fixtures in homes is at least 25% over the state average but less than 50%-20 points; (3) benefit to project area residents (as identified in application)-20 points maximum, determined as follows: (A) program to benefit 100 or more homes-20 points; (B) program to benefit at least 50 homes but less than 100-15 points; or (C) program to benefit at least 25 homes but less than 50-10 points; (4) applicant participating in the board's Economically Distressed Areas Program-10 points; and (5) applicant providing other state/federal assistance toward program area in the form of water or wastewater improvements (as identified in application)-10 points. 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 July 5, 1991. TRD-9108036 Suzanne Schwartz General Counsel Texas Water Development Board Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 463-7981 Formal Action by the Board 31 TAC sec.sec.370.51-370.53 The new sections are proposed under the Texas Water Code, sec.6.101 and sec.15.737, which provides the board with the general authority to adopt rules necessary to carry out its powers and duties and with authority to adopt rules relating to the plumbing loan improvement program. sec.370.51. Board Consideration of Application.
                                                                                                                                                                              After the executive administrator determines the applicant to be in substantial compliance with these rules, the application shall be submitted to the board for its consideration. The applicant and other interested parties shall be notified of the time and place of such meeting. sec.370.52. Action of the Board on Application.
                                                                                                                                                                                At the board meeting to consider the project, the board may resolve to approve, disapprove, amend, or continue consideration of the application. If the board approves the application, it will authorize the executive administrator to execute a contract with the borrower. The board will determine the form of the contract and the evidence of debt. The contract shall specify the loan repayment schedule. In all cases, the borrower will be required to begin repaying loan funds within one year. sec.370.53. Return of Funds to Water Pollution Control Revolving Fund.
                                                                                                                                                                                  In accordance with the federal appropriations rider establishing this program and the Texas Water Code, sec.15.733(e), the board, at the direction of the governor, may transfer funds set aside for the colonia plumbing loan fund but not used for loans, including repayment amounts, to the state water pollution control revolving fund established by the Texas Water Code, sec.15.601. 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 July 5, 1991. TRD-9108037 Suzanne Schwartz General Counsel Texas Water Development Board Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 463-7981 Close Out Procedures 31 TAC sec.370.61 The new sections are proposed under the Texas Water Code, sec.6.101 and sec.15.737, which provides the board with the general authority to adopt rules necessary to carry out its powers and duties and with authority to adopt rules relating to the plumbing loan improvement program. sec.370.61. Audit.
                                                                                                                                                                                    After an borrower's final payment to the board of principal and interest on its loan, the borrower will have an audit performed on the loan by a certified public accountant acceptable to both the executive administrator of the board and the borrower. The result of the audit will be made available to the board. 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 July 5, 1991. TRD-9108038 Suzanne Schwartz General Counsel Texas Water Development Board Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 463-7981 TITLE 34. PUBLIC FINANCE Part VII. State Property Tax Board Chapter 153. Truth in Taxation Requirements 34 TAC sec.153.2 (Editor's Note: The State Property Tax Board proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended sections is in the Emergency Rules section of this issue.) The State Property Tax Board proposes an amendment to sec.153.2, adopting by reference Model Form 26.04, concerning notices of effective and rollback tax rates. The proposal is published concurrently with an emergency amendment to the section. The Tax Code, sec.26.04, requires the board to prescribe the form and content of the notice of a taxing unit's effective and rollback tax rates. The proposed amendments to the form reflect additional steps in rate calculation required by law. Changes in legislation will require a school district to use additional steps in calculating its rollback tax rate and these steps should be included in the notice. Otherwise, a school district that calculates its rollback tax rate on or after August 26, 1991, could not publish an accurate notice that would comply with the existing board rule. Larrilyn Russell, general counsel, has determined that for the first five-year period the proposed section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Russell 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 better notification to the public of a school district's rollback tax rate, financial responsibilities, and surplus funds. 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 Leon Willhite, Executive Director, Sate Property Tax Board, 4301 Westlake High Drive, Building B, Suite 100, Austin, Texas 78746-6565. The new amendment is proposed under the Tax Code, sec.26.04, which provides the State Property Tax Board with the authority to prescribe the form and wording for notice of a taxing unit's effective and rollback tax rate. 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 July 2, 1991. TRD-9107880 Leon Willhite Executive Director State Property Tax Board Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 329-7802 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 81. General Provisions Case Management System for Delinquent Youth 37 TAC sec.sec.81.111, 81.113, 81.118 (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 Texas Youth Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Youth Commission (TYC) proposes the repeal of ssec.81.111, 81.113, 81.118, concerning the placement assignment system; the minimum length of stay assigned each youth; and sentenced offender disposition. The sections are being repealed to adopt new rules. John Franks, director of finance, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Mr. Franks also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be the adoption of a new rule providing more efficient use of bedspace. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, Austin, Texas 78765. The new repeals are proposed under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. sec.81.111. Program Assignment System. sec.81.113. Minimum Length of Stay. sec.81.118. Sentenced Offender Disposition. 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 July 2, 1991. TRD-9107834 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 (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 Texas Youth Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Youth Commission (TYC) proposes the repeal of s81.114, concerning the levels of restriction for youth committed to TYC; sec.81.116, concerning the evaluation of the youth's home prior to the release of youth from residential placement; sec.81.117, concerning procedures for parole release of youth whose parents or closest adult relatives live in Mexico; sec.81.120, concerning the development of an individual case plan (ICP) for every youth in TYC care based on the individual youth's need for services; and sec.81.121, concerning the levels system used as criteria for youth program completion; sec.81.401, concerning a uniform discipline system used to teach and manage behavior of youth committed to TYC; sec.81.402, concerning rules of conduct, contraband and dress applied to youth; sec.81.403, concerning procedure for the referral of a youth to criminal court; sec.81.404, concerning procedure for the reclassification of youth as a consequence; sec.81.405, concerning procedure for revoking a youth's parole as a consequence; sec.81.406, concerning procedure by which a youth is given a disciplinary transfer or assigned minimum length of stay consequence; and sec.81.407, concerning on-site disciplinary consequences assigned to youth in a residential program for minor violations of rules of conduct. The sections are being repealed to adopt new rules. John Franks, director of finance, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Mr. Franks also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be the adoption of new rules providing more efficient program release procedures and disciplinary sanctions. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, Austin, Texas 78765. Case Management System for Delinquent Youth 37 TAC sec.sec.81.114, 81.116, 81.117, 81.120, 81.121 The repeals are proposed under the Human Resources Code, s61.034, which provides the Texas Youth Commission with authority to make rules appropriate to the proper accomplishment of its functions. sec.81.114. Program Restriction Levels. sec.81.116. Home Placement. sec.81.117. Parole for Youth Whose Parents Live Mexico. sec.81.120. Case Planning. sec.81.121. Levels System in TYC Operated Facilities. 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 July 3, 1991. TRD-9107902 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 (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 Texas Youth Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) Disciplinary Practices 37 TAC sec.sec.81.401, 81.402, 81.403, 81.404, 81.405, 81.406, 81. 407 The repeals are proposed under the Human Resources Code, s61.034, which provides the Texas Youth Commission with authority to make rules appropriate to the proper accomplishment of its functions. sec.81.401. Disciplinary System Overview. sec.81.402. Rules of Conduct, Contraband and Dress. sec.81.403. Referral to Criminal Court. sec.81.404. Reclassification Consequence. sec.81.405. Parole Revocation Consequence. sec.81.406. Disciplinary Transfer/Assigned Minimum Length of Stay Consequence. sec.81.407. On-Site Disciplinary Consequences. 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 July 3, 1991. TRD-9107903 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 Chapter 85. Admission and Placement Commitment and Reception 37 TAC sec.85.1, sec.85.3 (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 Texas Youth Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Youth Commission (TYC) proposes the repeal of s85.1 and sec.85.3, concerning legal requirements for admission; and admission process. The sections are being repealed to adopt new rules with current requirements. John Franks, director of finance, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Mr. Franks also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be the adoption of new rules providing more efficient admissions process of youth committed to TYC. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, Austin, Texas 78765. The repeals are proposed under the Human Resources Code, s61.035 and sec.61. 07, which provides the Texas Youth Commission with the authority to establish requirements of admission and examine each child committed to it. sec.85.1. Legal Requirements for Admission. sec.85.3. Admission Process. 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 July 3, 1991. TRD-9107900 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 The Texas Youth Commission (TYC) proposes new sec.sec.85.1, 85.3, 85.27, 85.31, 85.33, and 85.43, concerning legal requirements for admission; admission process; program restriction levels; home placement; parole of youth; and interstate compact for TYC youth. The new rules will update current procedures. John Franks, director of fiscal affairs, 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. Mr. Franks 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 a more efficient reception and evaluation processes. 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 Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, Austin, Texas 78765. The new sections are proposed under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. sec.85.1. Legal Requirements for Admission.
                                                                                                                                                                                      Policy. (1) Each youth committed to the Texas Youth Commission (TYC) must be accompanied by legal and supporting documents supplied by the committing court. Upon admission, the following documents are required of the committing court: (A) certified copy of the order of commitment; (B) immunization records; (C) either Common Application (TYC Form CCF-002) or Commitment Summary (TYC Form CCF-001); (D) the judgment which followed adjudication; (E) petition which prompted the commitment hearing; (F) birth certificate for all youth; (G) social history; (H) education records; (I) medical and dental records; (J) any existing psychological and psychiatric reports; and (K) pretrial detention time creditable to the youth's sentence. (2) The TYC intake staff review the commitment document to determine if, on its face, it meets all requirements of a valid court order before receiving the youth. TYC does not look beyond the document itself for determining its validity. Questions regarding verification of validity should be directed to the legal services department. (3) No youth, under any circumstance, is admitted to TYC without a certified copy of the order of commitment, immunization records (except for undocumented aliens), and either the common application or the TYC commitment Summary. All other documents may be received subsequent to admission. sec.85.3. Admission Process. (a) Policy. Intake activities, including receipt of the youth from the committing county and orienting the youth to new surroundings, are performed by Texas Youth Commission (TYC) intake programs mobile diagnostic team and the statewide reception center. Each newly committed youth is assigned an official TYC registration number by the statewide reception center. (b) Rules. (1) Admission by the mobile diagnostic team. (A) The South Texas mobile diagnostic team serves youth committed by the following counties: [graphic] (B) Committed youth are held by the committing county until the mobile diagnostic team arrives to conduct assessments and take receipt of youth except youth sent directly to the statewide reception center including any youth committed. (C) The team conducts initial assessment of the youth in the detention center except for physical examinations. (D) Orientation to the admission process and the TYC system is provided and documented as required in General Operating Policy (GOP).53.03 sec.87.55 of this title (relating to Youth Orientation). (E) The youth is transported to his or her assigned placement by the committing county. (F) Mobile diagnostic staff forward to the home parole officer, within five working days of admission, the following documents: (i)
                                                                                                                                                                                        for a violent offense; or (ii)
                                                                                                                                                                                          by a county unable to detain the youth until the mobile diagnostic team can arrive: (I) copy of the court order; (II) copy of the Common Application (CCF-002); (III) county social summary; and (IV) a statement from the youth's receiving staff worker documenting what the youth is stating about whether or not he wishes to live at home when residential placement is complete. (G) The placement program completes the following admission activities: (i)
                                                                                                                                                                                            each youth and his possessions are searched; (ii)
                                                                                                                                                                                              youth property is inventoried; (iii)
                                                                                                                                                                                                each youth showers and receives hair care as needed; (iv)
                                                                                                                                                                                                  clothing is inventoried and laundered if necessary. Clothing is issued as necessary in compliance with GOP.55.03 sec.87.73 of this title (relating to Clothing); (v)
                                                                                                                                                                                                    personal hygiene articles are made available as needed. (H) Immediately following placement, the youth's parents are advised of the placement and are provided information on mail procedures and advised to contact the placement for visiting procedures. (I) The region notifies the parole officer, judge, prosecuting attorney, chief probation officer, and others as needed of the placement. (2) Admission to the statewide reception center. (A) The statewide reception center in Brownwood receives youth committed to TYC five days per week, between 8 a.m. and 5 p.m. Youth may be received after 5 p.m. only if prior arrangements are made. (B) Youth are allowed to have a limited number of personal possessions while at the reception center. Personal items beyond basic necessities are inventoried and returned to the county transporter. The transporter is asked to sign a receipt for items returned to his care. Items a youth is allowed to keep are inventoried and a receipt issued to the transporter. (C) Parents are notified of youth's admission and advised of procedures for mail and visits. (D) Staff complete personal data and commitment information. (E) A youth is assigned to a dormitory and caseworker. (F) Orientation to the admissions process and the TYC system is provided and documented as required in GOP.53.05 s87.55. (G) Routine admission procedures include, but are not limited to, the following. (i)
                                                                                                                                                                                                      Each youth and his possessions are searched. (ii)
                                                                                                                                                                                                        Youth property including clothing is inventoried. (iii)
                                                                                                                                                                                                          Each youth shower is screened for pediculosis and receives treatment as needed. (iv)
                                                                                                                                                                                                            Clothing is laundered if necessary. Clothing is issued as necessary. (v)
                                                                                                                                                                                                              Personal hygiene articles are made available as needed. (vi)
                                                                                                                                                                                                                Initial health screening is performed for each youth. (H) In addition to assessment and placement activities, the statewide reception center provides a program including recreation, education, and counseling. (I) Reception staff forward to the home parole officer, within five working days of admission, the following documents: (i)
                                                                                                                                                                                                                  copy of the court order; (ii)
                                                                                                                                                                                                                    copy of the Common Application (CCF-002 ); (iii)
                                                                                                                                                                                                                      county social summary; and (iv)
                                                                                                                                                                                                                        a statement from the youth's receiving staff worker documenting what the youth is stating about whether or not he wishes to live at home when residential placement is complete. (J) Reception staff transport youth to their initial placements and notify the youth's families, the region parole officer, judge, prosecuting attorney, chief probation officer, and others as needed of the placement location. 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 July 3, 1991. TRD-9107939 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 Placement Planning 37 TAC sec.sec.85.21, 58.23, 85.25, 85.29, 85.35 The Texas Youth Commission (TYC) proposes new sec.sec.85.21, 58.23, 85.25, 85. 29, and 85.35, concerning the assessment and placement process of youth under Texas Youth Commission care; the procedures for classification of individual youth committed to the Texas Youth Commission; the establishment of requirements for minimum length of stay in a residential placement TYC youth with specific classifications; criteria and procedures for program completion and movement of youth committed to TYC; and the release hearing for sentenced offenders immediately prior to their 18th birthday. TYC is adopting new classifications for youth committed to the agency which will assist in identifying high risk youth. High risk youth are assigned to placements with greater restrictions and longer length of stay requirements than are lower risk youth. In general, most minimum length of stay requirements in residential programs are being shortened in order to maintain basic services within current budgeted cost per day limitations. John Franks, director of finance, 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. Mr. Franks 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 section will be a more efficient classification process. 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 Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, Austin, Texas 78765. The new sections are proposed under the Human Resources Code, sec.61.075, which provides the Texas Youth Commission with the authority to determine the most appropriate placement and treatment of youth. sec.85.21. Program Assignment System. (a) Policy. The Texas Youth Commission (TYC) utilizes an objective, equitable system of program assignment for each youth in TYC care. Based on each youth's age, offense(s), and risk level, TYC has predetermined the most appropriate level of restriction and minimum length of stay. Services provided by each program are matched with youth service needs to determine the most appropriate program placement. The assessment and placement process provides current information on individual youth needs. Male and female youth have equal access to agency programs and activities. (b) Rules. (1) Guiding principles. TYC's development of the system of program assignments is based on the following: (A) program placements are in the least restrictive, most appropriate, and available placement; (B) among program placement alternatives which each provide the required services and level of restriction, the placement selected is the one closest to the youth's home. (2) Placement system factors. The program placement system incorporates the following factors: (A) classification is determined by the classifying offense and a finding regarding extenuating circumstances; (B) the minimum length of stay is designated by the classification. See GOP.47.05, sec.85.25 of this title (relating to Minimum Length of Stay); (C) special consideration is given to the placement of youth under the age of 13; (D) risk is assessed and used as a guideline in designating placement; (E) the level of restriction required of the placement selected is determined by classification, age, and risk level. See GOP.47.07, sec.85.27 of this title (relating to Program Restriction Levels); (F) the youth's assessed service needs are used to select a placement within the required level of restriction; (G) see paragraph (5) of this subsection for waivers and exceptions to the placement system factors. (3) System description. The determining factors and guiding principles result in the following initial placement determinations. Minimum length of stay is abbreviated MLS. (A) A sentenced offender (MLS, the court sentence or until transfer, release, recommitment, or discharge), who is 13 or older, with any risk level, is assigned to a program of maximum restriction. (B) A sentenced offender (MLS, the court sentence or until transfer, release, recommitment, or discharge), who is younger than 13, with any risk level, is assigned to a program of high restriction. (C) A Type A violent offender (MLS, 24-48 months as set by executive director), who is 13 or older, with any risk level, is assigned to a program of maximum restriction. (D) A Type A violent offender (MLS, 24-48 months as set by executive director), who is younger than 13, with any risk level, is assigned to a program of high restriction. (E) A Type B violent offender classified for conspiracy to commit murder or capital murder; or solicitation of murder or capital murder (MLS, 12 months), who is 13 or older, with any risk level, is assigned to a program of maximum or high restrictions. (F) A Type B violent offender classified for conspiracy to commit murder or capital murder; or solicitation of murder or capital murder (MLS, 12 months); who is younger than 13, with any risk level, is assigned to a program of high restriction. (G) A Type B violent offender (MLS, nine months), who is 13 or older, with any risk level, is assigned to a program of maximum or high restriction. (H) A Type B violent offender (MLS, nine months) who is younger than 13, with any risk level, is assigned to a program of medium restriction. (I) A chronic serious offender (MLS, six months), who is 13 or older, with any risk level, is assigned to a program of high restriction. (J) A chronic serious offender (MLS, six months), who is younger than 13, with any risk level, is assigned to a program of medium restriction. (K) A controlled substances dealer (MLS, six months), who is 13 or older, with any risk level, is assigned to a program of high restriction. (L) A controlled substances dealer (MLS, six months), who is younger than 13, with any risk level, is assigned to a program of medium restriction. (M) A firearms offender (no MLS), who is 13 or older, with any risk level, is assigned to a program of high restriction. (N) A firearms offender (no MLS), who is younger than 13, with any risk level, is assigned to a program of high or medium restriction. (O) A general offender (no MLS), who is 13 or older, with a high risk level, is assigned to a program of high restriction. (P) A general offender (no MLS), who is 13 or older, with a medium risk level, is assigned to a program of medium restriction. (Q) A general offender (no MLS), who is 13 or older, with a low risk level, is assigned to a program of minimum restriction. (R) A general offender (no MLS), who is younger than 13, with a high or medium risk level, is assigned to a program of medium restriction. (S) A general offender (no MLS), who is younger than 13, with a low risk level, is assigned to a program of minimum restriction. (T) A violator of conduct indicating a need for supervision (CINS) probation (no MLS), who is any age, with high or medium risk level, is assigned to a program of medium restriction. (U) A violator of CINS probation (no MLS), who is any age, with low risk level, is assigned to a program of minimum restriction. (4) Responsibility. The specific program placement selection for each youth is the responsibility of the Statewide Reception Center for TYC training school placements; the south region assessment team for youth placed in Evins Regional Juvenile Center in the south region; and centralized placement unit for all other placements. Specific selection is based on: (A) programs available which can meet determined service needs and do so within the restrictions of placement assignment matrix; (B) a program's proximity to the youth's home; and (C) a recommendation by the previous program staff, if applicable. (5) Waivers and exceptions waivers and exceptions may be granted under special circumstances. (A) A placement designation, except that of sentenced offender or Type A violent offender, which is a disposition to a more restrictive placement following a disciplinary hearing or a placement designation following initial reception center evaluation may be waived by the reception center superintendent when a youth is qualified. A designated placement may be waived in order to provide specialized treatment not available in the designated placement when it is determined a youth: is physically handicapped; has a special medical condition; or is emotionally disturbed, if such condition would prevent the youth from functioning in the designated placement. The waiver is effective for the period of time necessary to stabilize the youth or to treat the condition as long as the condition inhibits the youth's ability to function in the designated placement. (B) Any placement designation except those of sentenced offenders and Type A violent offenders may be waived by the reception center superintendent when population is at or above established capacity. (C) Any designated placement may be waived or the youth moved to any other placement if requested by the superintendent where the youth is located and granted by the executive director or designee. (D) For waiver of classification, see GOP.47.03, sec.85.23 of this title (relating to Classification). (E) For movement for population control see GOP.47.09, sec.85.29 of this title (relating to Program Completion and Movement). (6) Parent notification. Parents/guardians are notified of all placements. sec.85.23. Classification. (a) Policy. Classification is based on the youth's offense history, the classifying offense, and a finding regarding extenuating circumstances incident to the classifying offense. A youth who commits an offense while in Texas Youth Commission (TYC) custody may be administratively reclassified through a Level I hearing. (b) Explanation of terms used. (l) Classifying Offense. The classifying offense is the most serious of the relevant offenses documented in the youth's record. Relevant offenses are: (A) on commitment, the committing offense and any offense(s) for which the youth was on probation at the time of the committing offense; or (B) following a Level I hearing, the offense(s) found at the hearing. (2) Committing offense. The committing offense is the most serious of the offenses found at the youth's most recent judicial adjudication. (3) Most serious offense. The most serious offense is determined according to the following hierarchy, with each subsequent factor being considered only if two or more relevant offenses yield the same result under the preceding factor. If two or more offenses yield the same results through all steps of the hierarchy, the classifying offense is left to the discretion of the staff assigning classification: (A) an offense which carries a determinate sentence; (B) the offense for which the designated minimum length of stay will produce the longest time in the physical custody of TYC; (C) the offense which requires the highest level of restriction in placement; (D) the offense which carries the most severe criminal penalty; and (E) the most recently adjudicated offense. (c) Rules. (1) Classifications. (A) Sentenced offender. A sentenced offender is a youth committed to TYC pursuant to the Family Code, sec.54.04(d)(3) or sec.54.05(f) : (i)
                                                                                                                                                                                                                          murder, sec.19.02, all; (ii)
                                                                                                                                                                                                                            capital murder, s19. 03, all; (iii)
                                                                                                                                                                                                                              aggravated kidnapping, sec.20.04, all; (iv)
                                                                                                                                                                                                                                aggravated sexual assault, sec.22.021, all; (v)
                                                                                                                                                                                                                                  deadly assault on a law enforcement officer, corrections officer, or court participant, sec.22.03, all; (vi)
                                                                                                                                                                                                                                    criminal attempt, s15.01, only if the offense attempted was Capital Murder (sec.19.03). (B) Type A-violent offender. A Type A violent offender is a youth whose classifying offense is one of the offenses listed in this subparagraph and who has not been sentenced to commitment in TYC. TYC adopts the Texas Penal Code definition (Title 5) for each offense in its entirety except where TYC policy limits the applicability to the specific subsections or under the conditions named: (i)
                                                                                                                                                                                                                                      murder, sec.19.02, all; (ii)
                                                                                                                                                                                                                                        capital murder, s19.03, all; (iii)
                                                                                                                                                                                                                                          voluntary manslaughter, sec.19.04, all; (iv)
                                                                                                                                                                                                                                            criminal attempt, s15.01, only if the offense attempted was Capital Murder (sec.19.03) or murder ( s19.02). (C) Type B-violent offender. A Type B violent offender is a youth whose classifying offense is the commission, attempted commission, conspiracy to commit, or solicitation of one of the offenses listed in this subparagraph and who has not been sentenced to commitment in TYC. TYC adopts the Texas Penal Code definition (Titles 5 and 7) for each offense in clauses (i)-(xvii) of this subparagraph in its entirety except where TYC policy limits the applicability to specific subsections or under the conditions named: (i)
                                                                                                                                                                                                                                              murder, sec.19.02, conspiracy or solicitation only; (ii)
                                                                                                                                                                                                                                                capital murder, s19.03, conspiracy or solicitation only; (iii)
                                                                                                                                                                                                                                                  voluntary manslaughter, sec.19.04, attempts, conspiracy, or solicitation only; (iv)
                                                                                                                                                                                                                                                    involuntary manslaughter, sec.19.05, all; (v)
                                                                                                                                                                                                                                                      kidnapping, sec.20.03, all; (vi)
                                                                                                                                                                                                                                                        aggravated kidnapping, sec.20.04, all; (vii)
                                                                                                                                                                                                                                                          sexual assault, s22.011, all; (viii)
                                                                                                                                                                                                                                                            intentionally exposing another, sec.22.012, all to AIDS or HIV; (ix)
                                                                                                                                                                                                                                                              aggravated assault, sec.22.02, only causing serious bodily injury, or involving use of a deadly weapon; (x)
                                                                                                                                                                                                                                                                aggravated sexual assault, sec.22.021, all; (xi)
                                                                                                                                                                                                                                                                  deadly assault on a law officer, sec.22.03, all enforcement or corrections officer or court participant; (xii)
                                                                                                                                                                                                                                                                    injury to child or, sec.22.04, first degree elderly individual felony only; (xiii)
                                                                                                                                                                                                                                                                      aiding suicide, s22.08, felony only; (xiv)
                                                                                                                                                                                                                                                                        tampering with a consumer product, sec.22.09, first and second degree felony only; (xv)
                                                                                                                                                                                                                                                                          arson, sec.28.0, all; (xvi)
                                                                                                                                                                                                                                                                            aggravated robbery, sec.29.03, all; (xvii)
                                                                                                                                                                                                                                                                              burglary, sec.30.02, only with intent to commit any other violent offense defined in this subparagraph; (xviii)
                                                                                                                                                                                                                                                                                intentionally, knowingly, or recklessly causing bodily injury to a TYC staff member if the assault: (I) is incident to and in furtherance of an escape; or (II) involves the use of a deadly weapon; or (III) causes serious bodily injury; or (IV) appears from evidence to have been the result of planning; or (V) appears from evidence to have been the result of concerted action by more than one youth; or (VI) is deliberate, unprovoked, and causes bodily injury requiring medical attention. (D) Chronic serious offender. A chronic serious offender is a youth whose classifying offense is a felony and who has been found to have committed at least one felony in each of at least three separate and distinct due process hearings, where the second felony was committed after the disposition of the first felony and the third felony was committed after the disposition of the second felony. (E) Controlled substances dealer. A controlled substances dealer is a youth whose classifying offense is any felony grade offense defined as a manufacture or delivery offense under the Texas Controlled Substances Act, Chapter 481, Health and Safety Code. (F) Firearms offender. A firearms offender is a youth whose classifying offense involved the possession of a firearm by the youth during the offense. Classifying offenses for this classification are not limited to offenses specified in the Texas Penal Code, Chapter 46. (G) Violator of conduct indicating a need for supervision (CINS) probation. A violator of CINS probation is a youth who: (i)
                                                                                                                                                                                                                                                                                  is committed for violating terms of probation by an act which would not be punishable by imprisonment or confinement in jail if committed by an adult; and (ii)
                                                                                                                                                                                                                                                                                    was on probation at the time of the probation revocation for no act more serious than CINS as defined in the Texas Family Code, Title 3. (H) General offender. A general offender is a youth who is not eligible for any other classification. (2) Extenuating circumstances. (A) The staff assigning classification will consider any extenuating circumstances incident to the classifying offense. (B) Extenuating circumstances incident to a violent offense are those facts which indicate that the youth is not a significant danger to the physical or emotional well-being of another. Examples of such facts include, but are not limited to: (i)
                                                                                                                                                                                                                                                                                      the youth was an indirect or passive participant in a violent act; (ii)
                                                                                                                                                                                                                                                                                        the youth set fire to an abandoned vehicle; (iii)
                                                                                                                                                                                                                                                                                          the youth engaged in consensual sexual intercourse with someone who was capable of appraising the nature of that act and of resisting it. (C) Extenuating circumstances incident to offenses other than violent offenses are those facts which explain a youth's conduct but do not constitute a legally-recognized defense to the conduct. Examples of such facts include, but are not limited to, acts in which: (i)
                                                                                                                                                                                                                                                                                            the only property involved in the offense was of minimal value and was returned undamaged to its owner; (ii)
                                                                                                                                                                                                                                                                                              the only bodily injury intended or inflicted by the youth consisted of brief or minor discomfort; (iii)
                                                                                                                                                                                                                                                                                                the youth's conduct was an impulsive response to perceived provocation and posed no threat to persons or property; (iv)
                                                                                                                                                                                                                                                                                                  the youth was persuaded to participate in the offense by a parent or other authority figure. (D) When extenuating circumstances incident to the classifying offense are found, the designated classification may be waived. (3) Waivers. (A) A designated classification, except sentenced offender, may be waived and a less restrictive classification assigned when a waiver is requested by the youth assessment panel and granted by the executive director or his designee. (i)
                                                                                                                                                                                                                                                                                                    The assessment panel may request a waiver when, in the professional judgment of its members, a youth's needs can best be met by such a waiver. (ii)
                                                                                                                                                                                                                                                                                                      The assessment panel will always consider requesting a waiver when a youth's classifying offense is a violent offense and there are extenuating circumstances incident to the offense. (B) A designated classification may be waived and a less restrictive classification assigned by a TYC hearings examiner at a TYC Level I due process hearing when the hearings examiner finds extenuating circumstances. (C) When a designated classification is waived, the youth will be assigned the classification with the longest minimum length of stay from among the remaining applicable classifications. sec.85.25. Minimum Length of Stay. (a) Policy. The Texas Youth Commission (TYC) establishes minimum length of stay requirements for TYC youth with specific classifications. (b) Rules. (1) Minimum length of stay. (A) Sentenced offenders serve the time assessed by the juvenile court. See GOP.47.15, sec.85.35 of this title (relating to Sentenced Offender Disposition). (B) Type A violent offenders serve a minimum of 24 months in TYC's maximum restriction program, minus any credited time following adjudication for the classifying offense. The minimum length of stay for each youth classified as a Type A violent offender is established by the executive director following a recommendation from the superintendent of the maximum or high restriction placement. The superintendent shall submit the recommendation to the executive director within 90 days of the youth's admission to the placement. A minimum of longer than 24 months is based on the totality of the circumstances, including, but not limited to: (i)
                                                                                                                                                                                                                                                                                                        the seriousness of the offense; (ii)
                                                                                                                                                                                                                                                                                                          the circumstances surrounding the offense; (iii)
                                                                                                                                                                                                                                                                                                            whether the offense was committed in an aggressive, violent, premeditated, or willful manner; (iv)
                                                                                                                                                                                                                                                                                                              the foreseeable consequences of the act; (v)
                                                                                                                                                                                                                                                                                                                the sophistication or maturity of the youth; (vi)b the record and previous history of the youth; (vii)
                                                                                                                                                                                                                                                                                                                  whether the youth acted with particular cruelty; and (viii)
                                                                                                                                                                                                                                                                                                                    whether the offense involved a high degree of sophistication or planning by the youth. (C) Type B violent offenders serve at least 12 months if classified for conspiracy to commit murder or capital murder or solicitation of murder or capital murder, and serve at least nine months for any other designated offense. Youth are assigned to a medium, high, or maximum restriction program, minus any credited time following adjudication for the classifying offense. (D) Chronic serious offenders serve at least six months in a medium or high restriction program, minus any credited time following adjudication for the classifying offense. (E) Controlled substances dealers serve at least six months in a medium or high restriction program, minus any credited time following adjudication for the classifying offense. (F) Firearms offenders are not assigned a minimum length of stay. Firearms offenders are assigned to a medium or high restriction program. (G) General offenders are not assigned a minimum length of stay. (H) Violators of conduct indicating a need for supervision probation are not assigned a minimum length of stay. (I) Youth given a disciplinary assigned minimum stay serve up to six months to run concurrent with any other minimum length of stay. (2) Creditable time. (A) For a youth, except a sentenced offender, whose classifying offense was found at the most recent due process hearing: (i)
                                                                                                                                                                                                                                                                                                                      minimum length of stay is counted from the first day the youth reaches any TYC operated or assigned facility following commitment, recommitment, or a disciplinary hearing. (ii)
                                                                                                                                                                                                                                                                                                                        after the count begins, time spent on furlough or in detention or jail counts toward meeting a minimum length of stay requirement. (iii)
                                                                                                                                                                                                                                                                                                                          time spent as an escapee from a placement assigned by TYC does not count toward meeting the minimum length of stay requirement. (B) For a youth, except a sentenced offender, whose classifying offense was found at an earlier due process hearing: (i)
                                                                                                                                                                                                                                                                                                                            minimum length of stay is counted from the date of adjudication for the classifying offense. (ii)
                                                                                                                                                                                                                                                                                                                              time spent as an escapee from a TYC or probation placement does not count toward meeting the minimum length of stay requirement. (C) For a sentenced offender youth, see GOP.47.15, s85.35 of this title (relating to Sentenced Offender Disposition). sec.85.29. Program Completion and Movement. (a) Policy. The Texas Youth Commission (TYC) uses specific objective criteria to determine when a youth has completed a program and is eligible to be released home or to another program. Progress toward successful completion of criteria is evaluated at specific regular intervals. When criteria are substantially completed, the youth attains parole status and is moved to his or her home. When certain criteria are met but completion of required criteria is not possible or is not desirable in the current placement program, the youth is moved to a follow-up placement where completion is possible. TYC does not accept the presence of a detainer as an automatic bar to earned release. The agency releases a youth to authorities pursuant to a warrant. Additional procedures and restrictions are applied prior to the release on parole from TYC facilities for all sentenced offender youth. See GOP.47.15, sec.85.35 of this title (relating to Sentenced Offender Disposition). Youth may be moved to a placement of equal or more restriction as a disciplinary consequence. Each of these and other types of placement changes are subject to policies in this chapter and in the Disciplinary Practices chapter, GOP.63. (b) Rules. (pp>(l) Program completion criteria. (A) Youth become eligible for program release and parole status when the following criteria are met: (i)
                                                                                                                                                                                                                                                                                                                                completion of the minimum length of stay; (ii)
                                                                                                                                                                                                                                                                                                                                  completion of required individual case plan (ICP) objectives; and (iii)
                                                                                                                                                                                                                                                                                                                                    no major violations of rules of conduct within 30 days: (I) prior to the case review to determine eligibility for parole release; and (II) prior to the actual release. (B) TYC program staff where the youth is assigned determine when criteria have been met. (C) Program completion criteria are explained to every youth through the youth handbook and during orientation to each placement. (2) Release review requirements. (A) A release review is held specifically to evaluate a youth's status in meeting all program completion criteria and thus his or her release and parole status eligibility. Release reviews are held on the following schedule: (i)
                                                                                                                                                                                                                                                                                                                                      for youth in TYC operated residential programs as an initial placement, i.e., on commitment, recommitment, or following a disciplinary movement: (I) every 90 days; and (II) within 30 days of completion of minimum length of stay; and/or (III) within 30 days prior to release; (ii)
                                                                                                                                                                                                                                                                                                                                        for youth in TYC operated residential programs as a follow-up placement or in a TYC contract program, every 30 days. (B) If, at the release review, it is determined the youth has not completed all criteria and that substantial completion is possible in the current program, the youth continues in the current program. (C) If, at the release review, it is determined the youth has not completed all criteria and that completion may be more appropriate in a different placement, follow-up placement is considered and the objective(s) not met is documented. (D) If, at the release review, it is determined the youth has completed all required program completion criteria, a date of release and parole is set for within 30 days unless a youth is a sentenced offender, in which case he may be considered for a follow-up placement. (3) Criteria incomplete-follow-up movement procedures. (A) A youth may be released to a follow-up placement when at a release review, program staff finds and documents that: (i)
                                                                                                                                                                                                                                                                                                                                          the youth has met all program completion criteria except required ICP objective(s) and that a follow-up program is a more appropriate placement in which the youth can meet remaining objective(s); or (ii)
                                                                                                                                                                                                                                                                                                                                            the youth is not a sentenced or Type A violent offender and has met program completion criteria except required minimum length of stay and required ICP objective(s) and that a follow-up program is a more appropriate placement in which the youth can meet remaining objective(s). The youth is required to complete the minimum length of stay in the follow-up placement. A youth who may be considered is one who: (I) has been in initial placement at least four months; (II) has made substantial progress on ICP objectives; and (III) is low risk according to a current risk assessment. (B) A sentenced offender who has met criteria for follow-up may be moved to any appropriate follow-up program in any location other than home or home substitute. (C) A follow-up placement is always of equal or less restriction than the youth's current placement. (D) A youth may request and in doing so will be granted a Level II (transfer) hearing prior to the release movement. (4) Criteria complete-parole release procedures. (A) If, at a release review, it is determined the youth, except a sentenced offender, has completed all required program completion criteria, the youth is released to his home or home substitute within 30 days unless such movement is not possible according to GOP.47.11, sec.85.31 of this title (relating to Home Placement). If a youth's release to his home or home substitute is not immediately possible, he is released as soon as possible. If a youth in a maximum or high restriction program has not been placed within 30 days of determining that criteria have been met, he is moved to a temporary placement. (B) Release of Type A violent offenders must be approved by the executive director. A release packet includes the ICP, record of progress through the level system, record of major rules violations, the home evaluation, parole plan, a current psychiatric and/or psychological report, and the institutional superintendent's and director of institutions' recommendations and justifications. The executive director notifies the youth, superintendent, and director of institutions in writing of the decision. If release is denied, the executive director indicates a date for resubmitting the release packet. (C) A sentenced offender youth: (i)
                                                                                                                                                                                                                                                                                                                                              under 18 years of age shall not be released to his home/home substitute regardless of status without court approval. (ii)
                                                                                                                                                                                                                                                                                                                                                who, subsequent to the court release hearing, is: (I) released under TYC supervision, shall, at age 18, be released to home/home substitute on parole status; or (II) recommitted to TYC without a determinate sentence, shall be subject to rules that apply to violent offenders as if the youth had been initially classified as a violent offender. (D) A youth may request and in doing so will be granted a Level II (transfer) hearing prior to the release movement. (E) When it is determined that a youth will be paroled out of state upon completion of the program, see GOP.47.23, s85.43 of this title (relating to Interstate Compact for TYC Youth). Arrangements for out-of-state supervision requires a minimum of six to eight weeks to complete. (5) Parole-earned and granted. (A) Parole status means that a youth, having attained parole status, shall not be moved into a placement of maximum or high restriction without a Level I hearing. A youth either earns parole status or is granted parole status under specific conditions. (B) A youth, except a sentenced offender, earns parole status when he is deemed to have substantially completed all program completion criteria. When a youth has earned parole status and release is pending, he attains parole status in the current program prior to the release, unless he is in an institution, in which case he attains parole status on leaving the institution. (C) If a youth, except a sentenced offender, does not earn parole status, he is granted parole status in the following circumstances. (i)
                                                                                                                                                                                                                                                                                                                                                  A youth in a follow-up program who has not earned parole, by meeting release criteria, attains parole status automatically when he has been in follow-up for six consecutive months after release to the first follow-up program. Parole status is automatically attained in six months: (I) regardless of progress toward completion of ICP objectives in the follow-up plan; (II) regardless of the number of consecutive follow-up placements the youth has been in since the first follow-up placement; and (III) if the youth has not been moved to any placement as a disciplinary move since his placement in the first follow-up program. (ii)
                                                                                                                                                                                                                                                                                                                                                    A youth whose initial placement is a minimum restriction level facility because his needs are primarily for basic care, shall attain parole status after completion of six months if the youth has not been moved to any other placement as a disciplinary move. (6) Disciplinary movements. (A) A disciplinary movement is the movement of a youth, following appropriate due process, as a consequence of violation of rule(s). Disciplinary movements are always to placements of equal or more restriction than the current placement, as defined by GOP.47.07, sec.85.27 of this title (relating to Program Restriction Levels). Youth shall be moved to a placement of more restriction only for disciplinary reasons. (B) Disciplinary movements and assigned minimum lengths of stay must be justified through an appropriate due process hearing. See chapter on disciplinary practices. (C) Any disciplinary movement requires that a new set of program completion criteria be developed in the new placement which must be met prior to release from the new program. (D) When a youth in a follow-up program is assessed a disciplinary movement, he loses credit for the time spent in follow-up program(s). The six-month time count begins again if, upon completion of the necessary program completion criteria, the youth is assigned to a different follow-up program. (E) In accordance with disciplinary policies, a disciplinary movement justified through a due process hearing may not always physically occur. When a youth in a follow-up program is held in the same program and assigned a minimum length of stay in lieu of a transfer, the program is no longer considered a follow-up program. When this occurs, a new set of program completion criteria is assigned and any accumulated follow-up time is lost just as it would be if the youth had physically moved. (7) Six-month justification. Retention of a youth in any community residential placement beyond six months must be justified to and approved by the regional director. Retention of a youth in order to complete a minimum length of stay is adequate justification. (8) Release exceptions in hardship cases. (A) Except sentenced offenders, youth may be released and paroled home without meeting completion criteria in hardship cases upon the recommendation by parole staff. Release in hardship cases requires approval of the executive director if the youth is a Type A violent offender, or of the deputy executive director if the youth is a Type B violent offender or any other classification. (B) A sentenced offender youth may be released and paroled home in hardship cases only with court approval. (9) Release exceptions to control population. When necessary to control population and/or manage available funds concerning youth in residential placement, the deputy executive director may approve one or more of following options. Youth, except sentenced offenders and Type A violent offenders, may be: (A) moved into similar residential placements of equal restriction without meeting completion criteria when early release or movement to a less restrictive placement is not indicated, but movement is necessary to manage available funds; or (B) released early without meeting completion criteria when population is at or above established capacity. Youth who have completed the minimum length of stay and are low risk are released first. In general, youth who are closest to completing criteria may be released next; however, Type B violent, chronic serious, and controlled substance dealer offenders must meet the following criteria. (i)
                                                                                                                                                                                                                                                                                                                                                      completion of a portion of the minimum length of stay: (I) if 12 months, complete nine months; (II) if nine months, complete seven months; (III) if six months, complete five months; (ii)
                                                                                                                                                                                                                                                                                                                                                        substantial completion of ICP objectives; (iii)
                                                                                                                                                                                                                                                                                                                                                          no major violations of rules of conduct within 30 days prior to consideration for waiver and prior to the actual release; and (iv)
                                                                                                                                                                                                                                                                                                                                                            recommendation by superintendent. (10) Notification. (A) Parents or guardians are notified prior to all movements. (B) Send original Notification to the Juvenile Court, CCF-181, to the committing juvenile judge and copies to the prosecuting attorney and parole officer no later than 15 days prior to the youth's: (i)
                                                                                                                                                                                                                                                                                                                                                              release under supervision (release to youth's home or home substitute whether paroled or as follow-up); (ii)
                                                                                                                                                                                                                                                                                                                                                                authorization for an absence from custody (out-of-state placement); or (iii)
                                                                                                                                                                                                                                                                                                                                                                  discharge. (C) Send original Notification to Chief Juvenile Probation Officer, CCF-185, to the county chief juvenile probation officer in the county to which the youth is being moved (any placement other than into an institution) within 10 days of the placement. sec.85.35. Sentenced Offender Disposition. (a) Policy. Youth who are sentenced to commitment in the Texas Youth Commission (TYC) with a transfer to the Texas Department of Criminal Justice (TDCJ) for a term of years (sentenced offenders) are subject to a release hearing by the court just prior to their 18th birthdays to consider the youth's disposition. (b) Rules. (1) Movement.
                                                                                                                                                                                                                                                                                                                                                                    Youth are placed in accordance with GOP.47.01, sec.85.35 of this title (relating to Program Assignment System). Prior to the court release hearing, a youth may progress to any residential placement as a follow-up but may not under any circumstance be given parole status and/or be placed in home/home substitute without the court's prior approval. (2) Court hearing preparation. (A) During the sixth month before the month in which a youth becomes 18 years old, the TYC program administrator of the youth's placement sends the committing court "notice of transfer to TDCJ." (B) Prior to the hearing the staff of the youth's placement, review all relevant records and reports concerning the youth and recommend at least 45 days prior to the hearing to the executive director the most appropriate disposition. The executive director shall determine the disposition to be recommended to the court. (C) The committing court sets the date of the hearing to be held at least 30 days prior to the youth's 18th birthday and notifies all parties. (D) The deputy executive director appoints appropriate TYC staff to represent TYC at the hearing. (E) TYC shall cooperate with any request made by the court. (F) TYC will transport the youth to the facility designated by the court if so requested by the court. (3) Youth under 1987 sentencing law. (A) This section applies to youth sentenced to commitment to TYC for conduct that occurred on or after September 1, 1987, and before September 1, 1991. (B) On conclusion of the hearing, the court will order: (i)
                                                                                                                                                                                                                                                                                                                                                                      release under TYC parole home supervision; or (ii)
                                                                                                                                                                                                                                                                                                                                                                        transfer to TDCJ. (C) A youth residing in an any program other than the maximum restriction facility at the time of a court hearing in which a transfer to TDCJ is ordered will be moved to the maximum restriction facility for the time remaining before he is transferred at age 18. (4) Youth under 1991 sentencing law. (A) This section applies to youth sentenced to commitment to TYC for conduct that occurred on or after September 1, 1991. (B) On conclusion of the hearing, the court will order: (i)
                                                                                                                                                                                                                                                                                                                                                                          recommitment to TYC without a determinant sentence; (ii)
                                                                                                                                                                                                                                                                                                                                                                            Transfer to TDCJ; or (iii)
                                                                                                                                                                                                                                                                                                                                                                              final discharge. (C) Subsequent to the hearing, a youth recommitted to TYC without a determinate sentence is subject to rules that apply to violent offenders as if the youth had been initially classified as a violent offender. (D) On conclusion of the hearing when transfer to TDCJ is ordered by the court the youth is immediately transported and transferred to TDCJ. (5) Discharge. Sentenced youth are discharged: (i)
                                                                                                                                                                                                                                                                                                                                                                                if ordered by the court; (ii)
                                                                                                                                                                                                                                                                                                                                                                                  on the 21st birthday if not already discharged or transferred; (iii)
                                                                                                                                                                                                                                                                                                                                                                                    prior to age 18 with approval of the committing court; or (iv)
                                                                                                                                                                                                                                                                                                                                                                                      on the day the sentence is completed, including the time spent in detention in connection with the case plus time spent at TYC under the order of commitment. 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 July 2, 1991. TRD-9107835 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 Placement Planning 37 TAC sec.85.23, sec.85.29 (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 Texas Youth Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Youth Commission (TYC) proposes the repeal of s85.23 and sec.85. 29, concerning the procedures for classification of individual youth; and criteria and procedures for program completion and movement of youth committed to TYC. The sections are being repealed to adopt new rules. John Franks, director of finance, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Mr Franks also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be the adoption of new rules providing more efficient classification, program completion, and movement of youth committed to TYC. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission 4900 North Lamar Boulevard, P.O. Box 4260, Austin, Texas 78765. The repeals are proposed under the Human Resources Code, s61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. sec.85.23. Classification. sec.85.29. Program Completion and Movement. 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 July 2, 1991. TRD-9107833 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 37 TAC sec.sec.85.27, 85.31, 85.33, 85.43 The new sections are proposed under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. sec.85.27. Program Restriction Levels. (a) Policy. To assist Texas Youth Commission (TYC) staff in placing youth in the least restrictive appropriate placement available, programs of like restriction are categorized. (a) Rules. (1) Explanation of terms used. (A) Self-contained program-a 24-hour supervision program in which the treatment, training, and education program is conducted on the premises. A self-contained program is a program without routine unsupervised access to the community, unless otherwise stated. (B) Routine unsupervised access to the community-a privilege offered by some programs whereby a youth may be absent from the program without staff supervision for 48 hours or more per month prior to the youth's last month in the program. (2) Levels. (A) Maximum Restriction-a self-contained program with perimeter security which provides services solely to youth who are violent or sentenced offenders (for example: Giddings State School). (B) High restriction-a self-contained program which provides services primarily for youth who are high-risk to self or others. For example: (i)
                                                                                                                                                                                                                                                                                                                                                                                        TYC training schools in Brownwood, Crockett, Gainesville, West Texas; (ii)
                                                                                                                                                                                                                                                                                                                                                                                          Corsicana Residential Treatment Center; (iii)
                                                                                                                                                                                                                                                                                                                                                                                            self-contained residential contract placement designated by TYC as appropriate; (iv)
                                                                                                                                                                                                                                                                                                                                                                                              Vernon Drug Treatment Center; (v)
                                                                                                                                                                                                                                                                                                                                                                                                state hospitals. (C) Medium restriction-any self-contained program which provides routine unsupervised access to the community, or any facility not self-contained which provides services primarily for youth who are a medium level risk to self or others. For example: (i)
                                                                                                                                                                                                                                                                                                                                                                                                  TYC halfway houses; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                    any residential contract program which is not self-contained, e. g., certain substance abuse programs, residential treatment centers, or group homes; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                      independent living preparation program; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                        any nonresidential program which provides treatment, training, or supervising contact at least five times per week; (D) Minimum restriction-any foster care program which provides specialized care and supervision services in the community or any nonresidential program which provides treatment, training, or supervision less than five times a week. (E) Home-the home of the parent, other relative acting in the role of parent, managing conservator, or guardian, or an independent living arrangement. For example: (i)
                                                                                                                                                                                                                                                                                                                                                                                                          home; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                            independent living in any approved location; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                              foster care independent living. sec.85.31. Home Placement. (a) Policy. (1) The Texas Youth Commission (TYC) staff evaluates each youth's home to determine whether the home is approved or disapproved for placement and whether the youth will be returned to his or her home upon release from residential placement. A youth's home is considered approved for placement unless one or more of the following disapproval criteria exists, and can be documented: (A) physical abuse; (B) sexual abuse; (C) physical absence of parent caretaker due to criminal incarceration or physical/psychiatric hospitalization; (D) serious physical/survival neglect; (E) legal termination of parental rights. (2) Youth with approved homes with no placement objection are placed in their homes. Youth with approved homes but with a placement objection may or may not be placed in their homes. Youth with disapproved home placements are not placed in their homes. Emergency furloughs of youth with a current disapproved home or pending evaluation status may be granted if necessary. Administrative furloughs are prohibited. (3) The home evaluation process is applied to the home of each youth's legal parent(s), or guardian or relative who has volunteered to have the youth placed in his home. Nonrelatives are not considered for placement through this process. Incidents of a parent refusing to accept supervision of his child and/or incidents of a TYC youth claiming abuse in his home are reported to Child Protective Services Division of the Texas Department of Human Services. (b) Rules. (1) When a home evaluation is conducted. (A) Immediately upon admission, the mobile diagnostic team or reception center staff sends the home parole officer: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                a copy of the court order; (i)
                                                                                                                                                                                                                                                                                                                                                                                                                  a copy of the Common Application, Form CCF-002; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                    a copy of the social summary if received from the county; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                      a statement from the youth's receiving staff worker documenting what the youth is stating about whether or not he wishes to live at home when residential placement is complete. See paragraph (3) (A) of this subsection. (B) From the date of admission to TYC the parole officer completes initial home evaluations for: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                        85% of caseload within 21 days; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                          95% of caseload within 45 days; or (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                            makes and documents at least three assertive attempts to conduct the evaluation within that time. (C) When the initial evaluation cannot be completed within the 45-day period, the evaluation is designated as pending and follow-up attempts are made and documented at intervals no greater than 30 days until the evaluation is completed. (D) A completed home evaluation is considered current for any youth released to his home within six months of the date of arrival at the initial placement. (i)
                                                                                                                                                                                                                                                                                                                                                                                                                              For all youth except violent offenders, a follow-up evaluation is conducted prior to completion of the six months. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                For all violent offenders, a follow-up evaluation is conducted 12 months after the date of the initial placement and/or 60 days prior to the youth's projected release date, whichever is sooner. (E) The institution is responsible for notifying the parole officer of a violent offender's projected release date. (F) When new evidence or special circumstances warrant, a youth's primary service worker (PSW) can request that a follow-up home evaluation be conducted. (2) Home evaluation status. (A) All completed home evaluations are either approved or disapproved as the youth's home placement but may, prior to completion, temporarily be in a pending status. By 45 days after the required documentation is received, each home evaluation carries one of the following designations. (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                  Approved home placement -investigation indicates conditions which could facilitate the rehabilitative adjustment of the youth. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                    Disapproved home placement -investigation indicates conditions which would impede the rehabilitative adjustment of the youth. (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                      Pending home placement -a temporary status meaning the investigation has not yet been completed but that required attempts have been made and will continue to be made until the evaluation has been completed and the home is either approved or disapproved. (B) The home placement status can be changed only as a result of a follow-up home evaluation by the assigned parole officer. (3) Approved home-placement objection. (A) A youth's home is said to have a placement objection when none of the criteria for disapproval of the home exists but: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                        the parent states that he or she cannot or will not supervise the youth; or (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                          the parent states that the youth is not welcome in the home; or (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                            the youth states that he or she will not remain in the home. (B) When a placement objection occurs, the parole officer assesses specific considerations and determines whether, in his best professional judgment, to recommend placement in the home, placement with a relative, or placement elsewhere. Specific considerations are: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                              the age, maturity, physical size, and ability of the youth to protect or care for himself should the need arise; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                the psychological/emotional level of the youth as indicated in psychological and psychiatric evaluations, social summaries, behavioral progress reports, and diagnostic evaluations; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                  whether either or both the parent and the youth are stating a desire or willingness to seek professional assistance in resolving their conflicts; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                    whether, the youth is claiming the existence of abuse or neglect in the home to self or to siblings; and (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                      whether the youth's offense record/committing offense indicates a strong behavioral risk. If the offenses are primarily against persons, extensive review of the youth's behavior/discipline record while in residence with TYC is conducted. If records substantiate commission of a violent offense, the final decision, whether or not to place the youth in the home, is made by the director of community services. (4) Supervision in placement. (A) Youth returned home who have no placement objection on their approved home placement evaluation, are supervised according to general operating procedure (GOP). 49.23, sec.87.23 of this title (relating to Supervision Levels in Parole Home Placement). (B) Youth returned home who have a placement objection on their approved home evaluation, are supervised by the assigned parole officer according to the following special supervision procedures in addition to the individual supervision plan. (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                        Special intense supervision is provided by the assigned parole officer for a minimum of six weeks following release to home placement and must include one in person and one telephone contact with the youth each week. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                          The individual case plan includes all specific conditions of placement and all planned activities to assist the family in resolving conflicts and other problems. (5) Disapproved home placement. (A) A parent(s) whose child will not be returning home is asked to assist in locating a relative who might be willing to have the youth placed in his home. If the home of the relative is approved, a youth may be placed in the home unless the managing conservator strongly objects to such placement in which case alternatives are sought. (B) When a suitable relative cannot be located, the assigned casemanager is informed and alternative placement is sought. (6) Documentation. (A) Disapproval of a home should be supported by evidence which includes written documentation of relevant problems found by another agency, e.g., the County Juvenile Probation Department, Texas Department of Human Services, police departments, hospital reports, etc. When adequate support documentation is not found in the youth's file, the appropriate agency should be contacted for additional information. If there is no documentation by another agency to support disapproval but the evaluating parole officer finds reason to believe that disapproval criteria are present, the parole officer documents all observations and conversations leading to a recommendation for disapproval. (B) TYC reports to the Texas Department of Human Services, Child Protection Services, all cases of a youth verbalizing abuse in the home and all cases of a parent(s) refusing to accept supervision of the youth. (C) The result of the evaluation and any follow-up evaluations are documented on the Home Evaluation, Form CCF-100, and supporting documentation is attached. (D) Parents are immediately informed in writing when the home is diapproved for placement and the reasons for such. Any action which the parent could take to correct a deficiency is included. A copy of the letter is attached to the CCF-100 form. (E) The parole officer's signature and recommendation for approval or disapproval is required for all completed home evaluations. (F) The parole supervisor's signature and approval or disapproval of the youth being placed in the home are required for all home evaluations. (G) The director of community services' signature and approval or disapproval of the youth being placed in the home are required only when the home is approved, there is a placement objection, and the youth's record indicates commission of a violent offense. (H) The original Home Evaluation, Form CCF-100, with all signatures and documentation, is sent to the youth's primary service worker and is filed in the youth's masterfile. sec.85.33. Parole of Youth Whose Parents Live in Mexico. (a) Policy. The Texas Youth Commission (TYC) works with the Mexican Consulate and the United States Immigration and Naturalization Service for parole release of youth whose parents or closest adult relative live in Mexico. Such youth are released and returned to their homes on parole status and without parole supervision. Procedures herein apply to all programs releasing TYC youth whose parents live in Mexico. (b) Rules. (1) When completion of program criteria has been met, the releasing program informs centralized placement of the pending release. Centralized placement is responsible for notification of appropriate persons within specified time limits. (A) Thirty days before parole release the releasing program staff: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                            notifies the appropriate Mexican Consulate of the expected release date so that arrangements can be made for returning the youth home; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                              sends notification of parole release to the appropriate authorities, CCF-181; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                completes the parole release packet; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  notifies the assigned parole officer of release arrangements; (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    sends the family notification of parole release (in English and Spanish); and (vi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      sends written notice to the Immigration and Naturalization Service in the region. (B) Two days before the release, centralized placement confirms the release date, time and place with the consulate and the parole office. (2) On the day of parole release, centralized placement transports the youth to a place designated by the Mexican Consulate office. The assigned parole officer is present at the designated location. (3) The youth is left in the care of the consulate and a written receipt for the youth signed by the Mexican consul general or designee is obtained. (4) If the release of a youth is canceled for any reason, the releasing program immediately notifies centralized placement who notifies the Mexican Consulate, Immigration and Naturalization Service, parole officer, and other affected parties. sec.85.43. Interstate Compact for TYC Youth. (a) Policy. The Texas Legislature enacted the Uniform Interstate Compact on Juveniles in 1965 by adding a new section to the Texas Youth Commission Act, Texas Civil Statutes, Article 5143e, Texas Family Code, Chapter 25. The governor appointed the executive director of the Texas Youth Commission as compact administrator. The deputy administrator is responsible for the daily operations of the compact. The Interstate Compact on Juveniles (ICJ) Office is responsible for ensuring that services are provided for delinquent youth who are sent between states while on probation or parole and to return escapees, absconders, and nonadjudicated runaway youth to the state having legal jurisdiction. (b) Rules. (1) Article VII-courtesy supervision-other states supervising TYC youth. (A) All requests for courtesy supervision must be submitted to the ICJ office in triplicate. A referral consists of: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ICJ forms, I-A, IV, VI; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          signed individual case plan (ICP); (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            common application; (vi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              treatment plans; (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                social history; (vi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  school records; (vii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    medical records; (viii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      commitment order; (ix)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        order of adjudication; (x)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          pre-disposition report; (xi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            updated psychological report. (B) All requests for courtesy supervision must be submitted to the ICJ office six weeks prior to release date. This allows the receiving state adequate time to complete a home investigation. (C) Upon acceptance, the sending institutional or field staff notifies the committing judge and district attorney of out-of-state placement, CCF-181, Notification to Juvenile Court. The sending staff coordinates the necessary travel arrangements. (D) The institutional placement coordinator or field staff sends to the ICJ office prior to youth being sent to the other state: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ICJ form V; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                school transcripts and releases; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  progress summary; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ICP parole objectives; and (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      recent photograph. (E) The institutional placement coordinator or field staff enters youth's movement on the child care system. (F) If the youth leaves the state from an institution, the institution is responsible for forwarding the masterfile to the TYC home parole officer. (G) If the youth leaves the state from any placement other than a TYC institution, the masterfile is sent to and remains with the home parole officer. (H) The TYC primary service worker is the TYC home parole officer. The primary service worker responsibilities do not transfer to the ICJ office. (I) Quarterly progress reports are requested from the receiving state by the ICJ office. Progress reports are forwarded to the home parole officer. (J) When notified by the receiving state that a youth's placement is not working, the ICJ office works closely with the TYC parole officer in: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        returning the youth; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          maintaining the youth's placement; or (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            exploring alternatives available in the receiving state. (K) When notified by the receiving state that a TYC youth has absconded, the ICJ office immediately notifies the home parole officer. (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              The home parole officer: (I) enters the incident on the child care system; (II) issues a directive; (III) ensures that the directive is entered on National Crime Information Center; and (IV) forwards a copy to the ICJ office. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                The ICJ office closes the interstate compact case file on the youth. The receiving state cannot supervise a youth if his whereabouts are unknown. (2) Discharges. (A) When a youth has been out-of-state and progress reports by the receiving parole officer consistently indicate that he has adjusted well and discharge is recommended, the ICJ office submits a discharge report to the director of community services for approval. Upon approval, the ICJ office completes a discharge letter for the executive director's signature. The discharge letter is forwarded to the youth. Copies of the discharge report and letter are sent to the last institution involved and home parole officer. A copy of the discharge letter and a cover letter are sent to the receiving state advising them to close the case. The ICJ office closes the ICJ case and discharges the youth from the child care system. (B) The ICJ office completes discharges for youth who are being supervised in another state and meet TYC discharge criteria, particularly when either youth or adult charges result in adjudication or conviction out-of-state. (3) Article VII-courtesy supervision-TYC supervising youth from other states. (A) Upon receipt of requests for home investigation and courtesy supervision from other states for youth on parole, the ICJ office assigns the case to the appropriate parole officer. The parole officer completes a home investigation and provides a recommendation for placement within a month. (B) A case cannot be rejected: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  when the proposed placement is with a custodial parent. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    on the basis that the youth is over age 17. The age at which persons are considered adults by criminal law in the receiving state should be mentioned in the home investigation but supervision cannot be rejected based solely on age. (C) Quarterly progress reports are required. The receiving TYC parole officer submits the report to the interstate compact office. The ICJ office forwards the report to the sending ICJ office; who forwards to the sending parole officer. (D) TYC may recommend discharge in the quarterly report but may not discharge the youth. Only the sending state may discharge. (4) Article VI-voluntary consent to return. (A) When a TYC youth is detained in another state and the ICJ office is notified, the detention center staff must take him before the juvenile judge. A judge must advise the youth of his rights. If the youth agrees to return voluntarily, Form III, Voluntary Consent to Return, is signed by the youth and the judge. Upon notification that Form III has been signed, the ICJ office makes arrangements to return the youth. Arrangements are coordinated with the TYC facility from which the youth escaped or with the home parole officer if the youth absconded while home on parole. (B) When an out-of-state youth is detained in Texas, the ICJ office is notified. The Texas ICJ office notifies the ICJ office in the youth's home state. Upon notification that the Form III has been signed, the responsible state makes arrangements to return. (5) Article V-requisition process for TYC youth. When a TYC youth refuses to return to Texas, a requisition, Form II, is completed by the ICJ office and forwarded to the holding state with certified copies of the order committing the youth to TYC. The certified copies of the commitment order are obtained from the home parole officer. The judge of jurisdiction in the holding state reviews the requisition and supporting legal documents. If considered to be in order, the judge must honor the requisition. Upon notification that the judge has honored the requisition, the ICJ office makes immediate arrangements to return the youth. 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 July 3, 1991. TRD-9107937 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 Chapter 87. Treatment The Texas Youth Commission (TYC) proposes new sec.87.1, concerning case planning; sec.87.3, concerning levels systems in TYC facilities; sec.87.7, concerning group counseling; s87.9, concerning individual counseling; sec.87.21, concerning furloughs; sec.87.23, concerning supervision levels in parole home placement; sec.87.53, concerning moral values, worship, and religious education; and sec.87.75, concerning food and nutrition. The new rules will provide updated more specific TYC case management standards for treatment. The level system in TYC will be used to award youth privileges as earned and remove privileges for violation of rules. John Franks, director of finance, 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. Mr. Franks 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 section will be a more efficient treatment process. 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 Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, Austin, Texas 78765. Program Planning 37 TAC sec.sec.87.1, 87.3, 87.7, 87.9, 87.21, 87.23 The new sections are proposed under Human Resources Code, sec.61.034, which provides Texas Youth Commission with authority to make rules appropriate to the proper accomplishment of its function. sec.87.1. Case Planning. (a) Policy. An Individual Case Plan (ICP) for every youth in Texas Youth Commission (TYC) care is developed based on the youth's need for services. Youth service needs are identified and corresponding long-term and short-term objectives are developed. The resulting case plan is reviewed regularly and revised when necessary. (b) Rules. (1) Requirements for reception admission. The individual case plan: assessment is completed by the reception center primary service worker within eight days of reception/admission. The form is signed by primary service worker, copy sent to parole officer and filed in masterfile. (2) First individual case plan time requirement for all placements programs. (A) The individual case plan objectives are completed by the primary service worker of the receiving program each time a youth is placed or moved into a new program placement. ICP objectives are developed within: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      14 days of admission to a halfway house facility; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        30 days of admission to any other program except home or home substitute on parole; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          10 days for youth at home or home substitute on parole living within 30 miles of parole officer's office; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            20 days for youth at home or home substitute on parole living more than 30 miles from the parole officer's office. (B) Development of ICPs and all succeeding progress reviews, are conducted with the youth and include individual counseling. (3) Requirements for TYC operated programs except home on parole. (A) ICP for sentenced offenders is developed in accordance with guidelines of this policy as far as possible and within the restrictions of General Operating Policy (GOP). 47.15, s85.35 of this title (relating to Sentenced Offender Disposition). (B) Completion of certain objectives is required in order to constitute successful program completion. These objectives are identified and labeled as "required" for program completion. (C) The plan is developed in accordance with identified needs and must specify measurable objectives, expected outcomes and a means to evaluate progress. The three types of objectives developed in the ICP are offense related objectives, personal growth related objectives, and community reentry objectives. (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Offense related objectives are required objectives. They must be written so that they may be achieved within a period of time no longer than the required minimum length of stay or within four months if there is no required length of stay. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Personal growth related objectives must be written so that they may be substantially completed within a period of time no longer than the required minimum length of stay or within four months if there is no required length of stay. (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Community reentry objectives are those to be accomplished after release from an initial placement. Community reentry objectives involve the staff providing for a follow-up program in which the youth can meet objectives he or she is unable to meet in his or her current program and must meet prior to release. Other types of community reentry objectives are developed with the youth's parole officer and involve planning the program activities in which the youth will participate upon return to the community after his release. (D) For youth in a program as an initial program, i.e., placement immediately following commitment, recommitment, or a disciplinary move, ICP progress reviews are conducted every 30 days to evaluate a youth's progress, except in months when an ICP release review is conducted instead. (E) For a youth in a program as a follow-up, ICP release reviews are conducted monthly instead of quarterly in compliance with GOP.47.09. (F) Revisions may be made as necessary to meet youth needs. All changes are stated in the plan and are discussed with youth. (4) Requirements for contract programs. (A) For youth in contract placements, ICP release reviews are conducted monthly instead of quarterly in compliance with GOP.47.09. (B) The primary service worker contacts the youth and contract placement staff monthly as part of the review. (C) Level of care is reviewed every 90 days. (5) Requirements for youth at home on parole. (A) Upon notification of the first placement following commitment, the home parole officer initiates contact with the youth. (B) Parole objectives are developed for youth on parole by the parole officer, youth, sending PSW and when available, parent input is considered. The ICP consists of the youth's plan for work, school, training or specialized treatment and any special conditions. (C) The ICP is reviewed according to the level of supervision and is updated as necessary. Required reviews are held: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    every 30 days for maximum supervision level; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      every 60 days for moderate supervision level; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        every 180 days for minimum supervision level. (D) ICP objectives may be reviewed more often in accordance with changes in a youth's need and circumstance. (6) Documentation. (A) The individual case plan developed by each new program placement a youth enters (except reception center and home or parole) is completed/documented on the Individual Case Plan: Treatment Objectives, CCF-114. (B) Progress review of ICP objectives is documented on the Individual Counseling Record, CCF-135. (C) Release review is documented on the Individual Case Plan: Release Review Summary, CCF-114. (D) Individual case plan for youth at home on parole is documented on the Individual Case Plan: Parole Objectives, CCF-114. (E) Individual Case Plan (ICP), CCF-114 requirements (exception reception center ICP: Assessment): (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          initial plans and reviews are developed with input of the youth, current primary service worker, previous primary service worker if applicable, contract program staff if applicable, and parent/guardian if available; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            all ICPs are signed by the youth and primary service worker; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              the youth is given a copy; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                parents are given copies and signature is requested; (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  parole officers are given copies; (vi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    originals are filed in youth masterfile; (vii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      document event in chronological. (F) Individual Counseling Record, CCF-135 requirements: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        record is developed as a result of a progress review involving youth and primary service worker. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          all Individual Counseling Records documenting progress reviews are signed by the youth and primary service worker. (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            the youth is given a copy; (vi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              originals are filed in youth masterfile; (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                document event in chronological. sec.87.3. Level System in TYC Operated Facilities. (a) Policy. Texas Youth Commission (TYC) institutions and halfway house programs use a system of four progressive levels to manage youth behavior and award privileges. The institutional program and the halfway house program each have a level system appropriate for the program type. (b) Rules. (1) Orientation. (A) During orientation a youth is given a complete explanation of the level system requirements and privileges including the minimum length of time required to complete each level and to complete the entire program. See General Operating Policy (GOP). 53.05, sec.87.55 of this title (relating to Youth Orientation). (B) Written descriptions of the level system are available to youth. (2) Criteria for level advancement. For each of the four levels, the criteria for advancement to the next level includes, but are not limited to: (A) completion of a minimum time on the current level as appropriate in either the institution or halfway house level program; and (B) no major violation in rules of conduct within 30 days prior to consideration of level advancement for youth in institutions and within 14 days for youth in halfway houses; and (C) substantial compliance with facility rules and Rules of Conduct; and (D) some achievement in program objectives. Either clause (i) or clause (ii) of this subparagraph may be used to document and evaluate objectives at the discretion of the program: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  appropriate effort since the previous level review: (I) in completion of Individual Case Plan (ICP) objectives; (II) in attainment and demonstration of required daily living skills; and (III) in school participation and behavior directed toward passing assigned school courses; or (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    achievement of contracted objectives in: (I) the ICP; (II) daily living skills; and (III) academic education. sec.87.7. Group Counseling. (a) Policy. The Texas Youth Commission (TYC) provides group counseling for all youth. The purpose of group counseling is to increase self-esteem, enhance responsible decision making and promote the likelihood of successful return to the community. (b) Rules. (1) All youth will participate in group counseling sessions five times weekly. (2) Group counseling follows the TYC group manual guidelines. (3) Group counseling is conducted by staff trained to conduct group counseling. (4) Group counselors are monitored and receive ongoing feedback about individual performance. (5) Group counselors receive annual group counseling training. (6) Scheduled group counseling cannot be supplanted or replaced by other group interventions or activities, i.e., huddle-ups or problem solving groups, unless approved by the chief of mental health services. (7) Youth are never allowed to assume control of the group or make decisions regarding any youth's program or disciplinary status. sec.87.9. Individual Counseling. (a) Policy. The Texas Youth Commission (TYC) provides individual counseling to help youth meet personal needs and prepare them for return to the community. (b) Rules. (1) General. (A) Each youth, including those in contract programs, is assigned a TYC primary service worker (PSW) who conducts individual counseling. (B) The PSW formulates the Individual Case Plan (ICP) with the youth's input. (C) The PSW may refer a youth to the psychiatrist or psychologist for in-depth counseling, crisis intervention or clinical assessment. (D) The need for continued mental health services including counseling are determined by the facility or community mental health professional. Services are provided or arranged in accordance with determined need. (2) Youth in institutions and halfway houses. (A) Each youth receives at least 45 minutes of individual counseling each month. (B) The required 45 minutes of counseling is provided during not more than three separate sessions. (C) The PSW holds at least one scheduled meeting with each youth every month. The meeting includes progress reviews of objectives, level status reviews and general counseling. (D) Counseling provided by any other professional may be counted toward the 45 minutes. (E) The PSW and youth meet more frequently than once per month if the youth requires additional counseling. (F) The PSW or any other staff providing individual counseling documents all individual counseling on the Individual Counseling Record, CCF-135, and places documentation in the youth's casework subfile. Counseling by professionals not employed by TYC, is documented by PSW. (G) At least one staff member is available for counseling 24 hours a day in the event of a crisis or a youth's request. (2) Youth supervised by case managers. (A) Individual counseling occurs as appropriate. (B) The contact is documented on the chronological record. (3) Youth home on parole status. (A) Individual counseling occurs as appropriate. (B) The contact is documented on the chronological record. sec.87.21. Furloughs. (a) Policy. Youth in residential programs may be granted emergency furloughs and administrative furloughs. Furloughs are authorized absences from residential programs for specific purposes and for limited periods of time. (b) Rules. (1) An emergency furlough is granted because of an emergency situation exists in the youth's family which under normal circumstances would require his or her presence as a family member. (2) An administrative furlough is granted for programmatic reasons including home visits, holidays, medical, or maternity leave. (3) Only emergency furloughs may be granted to a disapproved home placement or to one with a pending evaluation. (4) Parole officers are notified prior to any furlough and assist with furlough arrangements if requested. sec.87.23. Supervision Levels in Parole Home Placement. (a) Policy. The Texas Youth Commission parole staff develops a plan requiring a level of supervision intensity for each youth on parole status in the home or home substitute. The level of intensity is determined through assessment of the youth's needs and the degree of risk presented to the public. Reassessments are completed on a scheduled basis and may result in increased supervision or a less intensive supervision and possible early discharge. (b) Rules. (1) A risk/need assessment is completed for each youth on parole status in a home or home substitute placement within: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      10 days for youth living within 30 miles of the parole office; or (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        20 days for youth living 30 or more miles from the parole office. (2) The level of supervision is determined by: (A) the total risk score; (B) a high risk classifying offense; and (C) the total needs score. (3) Levels are identified as maximum, moderate, or minimum. (4) The parole officer may recommend a higher level of supervision than the assessment score indicates. The recommendation is justified to and approved by the parole supervisor. (5) Reassessments are conducted on a scheduled basis in accordance with the level of supervision: (A) maximum-every 30 days; (B) moderate-every 60 days; (C) minimum-every 180 days. (6) Changes to less intensive levels of supervision may occur when: (A) the youth complies with the individual treatment plan; (B) the youth's performance is acceptable in school, employment or vocational training; (C) the youth has no major incident since the last risk assessment; and (D) a reassessment shows reduced risk/needs assessment score. (7) Additional reassessments are conducted when there is a major incident, noncompliance with Individual Case Plan objectives or the youth exhibits significant behavioral changes. 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 July 3, 1991. TRD-9107936 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 37 TAC sec.87.53 The new section is proposed under the Human Resources Code, sec.61.034, which provides Texas Youth Commission with authority to make rules appropriate to the proper accomplishment of its function. sec.87.53. Moral Values, Worship, and Religious Education. (a) Policy. The Texas Youth Commission provides opportunity to and encourages youth to develop and internalize a set of personal moral values. Participation in religious services and counseling is voluntary. (b) Rules. (1) The practice of a youth's religious preference is accommodated when verified. (2) A religious program is maintained in each institution according to the following rules. (A) A staff member coordinates the religious program. (B) Facilities are available on campus for religious services and/or counseling. (C) The institution provides for reasonable access to religious programs/counseling for all faiths. (D) Information on religious services is provided to youth during orientation. (E) Youth participate in the planning and development of religious programs and activities. (3) The halfway house and contract residential programs provides for reasonable access to religious programs, counseling and other such resources in the community. 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 July 3, 1991. TRD-9107928 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 Basic Care Services 37 TAC sec.87.75 The new section is proposed under Human Resources Code, s61.034, which provides Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its function. sec.87.75. Food and Nutrition. (a) Policy. The Texas Youth Commission (TYC) provides food services to meet the basic nutrition needs of its youth. Specific procedures are contained in the nutrition and food service manual. (b) Rules. (1) The facility food service department meets state and local sanitation and health standards. (2) TYC complies with participation requirements for the United States Department of Agriculture National Breakfast Program and the National School Lunch Program. (3) The diet provided meets the most recent Recommended Dietary Allowances (RDA) published by the National; Research Council. (4) Menus meet the nutrition standard of the Texas Minimum Standards for Child Caring Institutions published by the Texas Department of Human Services. (5) Standardized menus are developed for institutions and for halfway houses under the direction of the chief of nutrition. (6) There is a single menu for staff and youth. (7) Special diets are provided as prescribed by appropriate medical or dental personnel. (8) TYC provides special diets when a youth's verified religious beliefs require adherence to religious dietary laws. (9) Food is served in an appetizing and attractive manner. (10) Youth are served three meals and snack(s) daily; at least two of the meals are hot. (11) There are no more than 14 hours between the evening meal and breakfast. (12) Youth are supervised during meals by on-duty child care staff. (13) Meals and snacks are not used as disciplinary measures. (14) TYC determines and responds to youth food preferences. 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 July 3, 1991. TRD-9107927 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 (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 Texas Youth Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Youth Commission (TYC) proposes the repeal of s87.7 concerning group counseling for youth; sec.87.9 concerning individual counseling for youth; sec.87.21 concerning furloughs for youth in residential programs; sec.87.23 concerning a levels system of supervision intensity for youth on parole status in the home placement; sec.87.53 concerning worship, and religious education programs; and sec.87.75 concerning food services in TYC. The sections are being repealed in order to adopt new rules. John Franks, director of finance, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Mr. Franks also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be the adoption of new rules providing more efficient programs and services for youth committed to TYC. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765. Program Planning 37 TAC sec.sec.87.7, 87.9, 87.21, 87.23 The repeals are proposed under the Human Resources Code, s61.034, which provides Texas Youth Commission with authority to make rules appropriate to the proper accomplishment of its functions. sec.87.7. Group Counseling. sec.87.9. Individual Counseling. sec.87.21. Furloughs. sec.87.23. Levels System in Parole Home Placement. 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 July 3, 1991. TRD-9107936 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 Other Programs 37 TAC sec.87.53 The repeals is proposed under the Human Resources Code, s61.034, which provides Texas Youth Commission with authority to make rules appropriate to the proper accomplishment of its functions. sec.87.53. Moral Values, Worship, and Religious Education. 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 July 3, 1991. TRD-9107933 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 Basic Care Services 37 TAC sec.87.75 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Youth Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeal is proposed under the Human Resources Code, s61.034, which provides Texas Youth Commission with authority to make rules appropriate to the proper accomplishment of its functions. sec.87.75. Food and Nutrition. 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 July 3, 1991. TRD-9107932 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 Chapter 91. Discipline and Control Disciplinary Practices 37 TAC sec.sec.91.1, 91.3, 91.5, 91.7, 91.9, 91.11, 91.13 The Texas Youth Commission (TYC) proposes new sec.91.1, concerning discipline system overview; sec.91.3, concerning rules of conduct, contraband and dress; sec.91.5, concerning referral to criminal court; sec.91.7, concerning reclassification consequence; sec.91.9, concerning parole revocation consequence; sec.91.11, concerning disciplinary transfer/assigned minimum length of stay consequence; sec.91.13, concerning on-site disciplinary consequences; sec.91.31, concerning level I hearing procedure; sec.91.55, concerning escape and apprehension; sec.91.57, concerning restriction of youth out of control; sec.91.59, concerning use of force; sec.91.63, concerning mechanical restraint equipment; sec.91.65, concerning security unit; sec.91.69, concerning detention; and sec.91.73 concerning resocialization program. The new rules will allow for more consistent application of consequences for youth misbehavior. Rule violations for which a youth can be moved to more restriction are being made more specific. Criteria used to determine placement following due process procedures is being changed to allow for high risk youth and youth with histories of violent offenses to be returned to high restriction programs more easily than other youth. Section 91. 69 concerning TYC use of detention is being revised to apply to the use of TYC institutions as detention facilities for youth already in an institutional program. In addition, changes clarify that TYC will not pursue revocation or reclassification of any TYC youth if staff receives information that criminal or delinquent procedures are pending or anticipated by local authorities. John Franks, director of fiscal affairs, 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. Mr. Franks 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 more efficient discipline and control processes. 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 Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, Austin, Texas 78765. The new sections are proposed under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to proper accomplishment of its functions. sec.91.1. Discipline System Overview. (a) Policy. The Texas Youth Commission (TYC) utilizes a uniform discipline system to teach and manage youth behavior. Consequences of rule violations will be proportionate to the severity and extent of the violations. Less serious violations will be considered in the context of the youth's overall behavior over a period of time. Extenuating circumstances of the violation will be considered. Youth are not subjected to humiliation or mental abuse. All disciplinary measures will be administered firmly, but compassionately, with the aim of imposing only the least restrictive consequences which are effective in correcting the misbehavior and ensuring safety and order. Where feasible and appropriate, the consequences of rule violation will be directly related to the nature of the violation. All rule violations have as a possible consequence the delay of a youth's progress in the level system at the youth's particular placement, with a corresponding delay in acquiring additional privileges. Depending on the severity and extent of the violations, a number of other actions may be taken as well. A youth may be moved to another, perhaps more restrictive, placement. At a minimum, some form of constructive discipline including a simple reprimand, restriction, a loss of privilege or some form of restitution will be imposed. Contract program staff are informed of TYC's disciplinary system in writing. Options to assist staff in controlling youth and to assist youth in gaining control of themselves can be found in Chapter 67 concerning control. (b) Rules. (1) No disciplinary consequences shall be imposed except in accordance with the provision of this chapter. (2) Corporal punishment is prohibited. When asked by a local school system to serve as parents in granting or denying the use of corporal punishment in the school, TYC staff shall not grant permission to administer corporal punishment. (3) Only staff will impose disciplinary consequences. (4) Skills necessary to effectively and responsibly discipline youth are taught in TYC training programs to all direct child care staff. (5) Youth are disciplined only for their own actions or failure to act when they are responsible for doing so. (6) Youth are made aware of rules and disciplinary consequences through verbal instruction and written documents. (7) Disciplinary consequences will not deny youth the following: (A) regular meals or snacks; (B) sufficient sleep; (C) physical exercise; (D) mail; (E) contact through visitation or telephone with parents or attorneys; (F) legal assistance; or (G) medical attention. (8) Purposeless or degrading work is prohibited. sec.91.3. Rules of Conduct, Contraband and Dress. (a) Policy. Texas Youth Commission (TYC) facilities and programs maintain youth discipline to the extent necessary to keep order and provide a safe and constructive environment for youth, staff and visitors. Youth are expected to follow agencywide rules of conduct, contraband and dress. Violations of the rules result in disciplinary consequences that are proportional to the severity and extent of the violation and follow appropriate due process. Rules in this policy may be restated in greater detail or otherwise adapted to accommodate a particular program in order to help clarify expected behavior in that program. All adapted or restated rules will remain consistent with the general rules of conduct. The rules are posted in a conspicuous area accessible to youth in each facility and program. (b) Rules. (1) Rules of conduct. It is a violation to knowingly violate or attempt to violate or help someone else violate any of the rules of conduct. Repeated violations of any rule of conduct will result in more serious disciplinary consequences. (A) A major rule violation is any of the following acts for which major consequences may be levied. Major consequences include referral to criminal court, disciplinary movement and/or reclassification and/or assignment of a minimum length of stay: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          violate any law of Texas or of the United States; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            escape or attempt escape; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              cause physical pain or bodily injury to one's self or to another person; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                possess a weapon; (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  inhale, ingest, or otherwise consume or import into the body any controlled substance or intoxicant, or refuse to take a drug test; (vi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    intentionally damage or destroy property which causes a loss of $100 or more; (vii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      fail on two or more occasions to comply with a written reasonable request of staff that is either present in the ICP or is validly related to previous high risk behavior. (B) Minor misbehavior is willful behavior which breaks rules for which minor consequences, called on-site disciplinary consequences, may be levied. Minor consequences include loss of privileges, restriction, or confiscation of contraband. Minor misbehaviors are: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        take, use, or damage property without proper permission; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          possess items instructed not to possess including contraband; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            be with someone told not to be with; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              threaten to cause harm to someone; (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                engage in inappropriate physical or sexual contact; (vi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  engage in tattooing self or other or ear piercing; (vii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    engage in setting a fire without permission from staff; (viii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      lend, borrow, or trade personal property without permission from staff; (ix)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        curse or use disrespectful language or behavior toward another; (x)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          fail to report to someone in authority when told to do so; (xi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            enter restricted areas without proper permission; (xii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              use or possess tobacco in places where it is prohibited; (xiii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                disrupt an authorized activity; (xiv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  deliberately disobey a reasonable request of staff; (xv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    miss scheduled activities or curfew time; (xvi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      gamble; (xvii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        fail to follow the dress code; (xviii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          fail to report others' misconduct. (2) Contraband. Consistent with the rules of conduct, youth in a residential program which is under contract to TYC or operated by TYC shall not have contraband. Contraband items will be confiscated and disposed of in accordance with General Operating Policy (GOP). 71.03, sec.93.23 of this title (relating to Disposition of Unauthorized Items Seized). Contraband includes: (A) anything which it is a crime to possess under municipal ordinances or state or federal law, (including solvent inhalants, drugs, and alcohol); (B) narcotics paraphernalia; (C) items which can be used, made, or adapted to use as weapons; (D) pictures which depict sexually explicit male or female nudity or sexual acts, including magazines or periodicals which routinely publish such pictures; (E) items such as posters or clothing with slogans, mottos, or emblems which are obscene, advocate illegal or immoral conduct, hold individuals or groups up to ridicule or reinforce delinquent subcultural values, or in any way disrupt programs or activities; and (F) money in excess of the amount permitted by facility rules. (3) Dress code. Any youth in a residential program operated by TYC must dress in accordance with these rules. (A) Clothing will be clean, fit properly, and be appropriate to the activity at all times. (B) Undergarments must be worn and must not show. Females will wear bras. (C) Patches, embroidery, buttons, and writing on clothing must not signify anything about drugs, alcohol, sex, obscene language, violent acts, or show disrespect to any group or class of people. (D) Shoes or acceptable footwear will be worn as appropriate to the activity at all times. (E) Boys will not wear earrings. (4) Hair. (A) Hair should be clean and well groomed and out of the eyes. (B) Boys hair may extend no lower than the collar of a dress shirt in the back or past the ear lobes on the side. (C) Youth should be clean shaven. sec.91.5. Referral to Criminal Court. (a) Policy. Texas Youth Commission (TYC) may initiate prosecution of youth in TYC institutional placements who are 17 years of age and older who are involved in a felony or Class A misdemeanor offense according to the Penal Code or youth who are any other age who are involved in any offense for which the youth could be classified as a violent offender. Referral to court is considered a major consequence. (b) Rules. (1) The youth's TYC institutional superintendent may request that a youth be arrested and charged as an adult. (2) The request must be made in writing within one working day to the director of institutions, the deputy executive director, and the executive director. Included in the request will be the following: (A) the name, TYC number, date of birth, committing offense, and date of commitment of the youth; (B) copies of Incident Report(s), form CCF-225, or other similar documents which were written by staff members and/or other witnesses to the alleged offense; (C) the description of the instant behavior including harm done, other individuals involved, motives and circumstances leading to the behavior, whether a weapon was used, degree of remorse, whether there was any immediate or past provocation; (D) classifying offense specifying date, act, harm done, and age and relationship with victim, etc; (E) offense history including specific reference to offense dates and offenses that endangered or harmed others and overall probation and/or TYC history prior to current admission; (F) discipline and ICP progress history during current placement including dates and reasons for security admissions and positive accomplishments; (G) explanation of staff attempt(s) and results of attempts to intervene in similar behavior. (3) The response to the request is based on the information received by central office. (4) The director of institutions notifies the superintendent of the decision of executive administration within two working days. (5) If approved, the superintendent contacts the magistrate or district or county attorney, according to the location of the alleged offense, within three working days, in order to file a complaint in accordance with the Texas Code of Criminal Procedure, Article 15.01 and Article 15.05. (6) If arrested and taken into custody by law enforcement officials, a youth's "length of stay" continues as if the youth were assigned to the TYC facility or program. (7) If, as a result of prosecution, the youth is found guilty, he or she may or may not be returned to the custody of TYC. (A) If the youth is found guilty and assessed jail time and/or a fine, he returns to a TYC institution after completion of his jail time. (B) If the youth is found guilty and placed on adult probation or is assessed a fine, he immediately returns to a TYC institution until program completion criteria is met. At that time he is discharged rather than being released on parole in accordance with GOP.47.17, sec.85.37 of this title (relating to Discharge). (C) If the youth is sentenced to a prison, he is discharged from TYC in accordance with GOP.47.17, sec.85.37 of this title (relating to Discharge). sec.91.7. Reclassification Consequence. (a) Policy. Except for sentenced offenders, youth found to have engaged in a high risk offense may be reclassified to the classification appropriate to the offense, regardless of the current classification. A Level I hearing is required in order to reclassify a youth. Reclassification is considered a major consequence. (b) Rules. (1) Restrictions. (A) With approval of the institutional superintendent or regional director a Level I hearing may be requested. (B) The administrator requesting the hearing may cancel at anytime prior to the beginning of the hearing. (C) A Level I hearing will not be held if TYC staff receive information that criminal or delinquent proceedings against the youth are planned or anticipated by local authorities. (D) Specific training school placements are the responsibility of the Statewide Reception Center. Evins Regional Juvenile Center placements are the responsibility of the regional assessment team. All other placements are the responsibility of centralized placement. (E) High risk offense is any major rule violation which may result in a classification other than general or violator of CINS probation. (2) Criteria. (A) When a high risk offense is proved and no extenuating circumstances are found incident to the offense, the youth will be assigned the appropriate classification for that offense. (B) When a high risk offense is proved and extenuating circumstances are found incident to the offense, the youth will be assigned a classification, which is appropriate under the rules for waiver of classification. Extenuating circumstances are defined in GOP.47.03, sec.85.23 of this (title relating to Classification). (3) Disposition. (1) When a youth on parole status is reclassified for a high risk offense, the youth's parole is revoked. (2) Youth who has ever been classified as sentenced offender or a Type A violent offender, and a youth who is currently being reclassified for a Type A or Type B violent offense may be placed in accordance with the new classification or may be placed in a facility of either maximum or high restriction. The placement is selected according to the totality of the circumstances including age, offense for which the sentence was imposed and time and performance since sentence was imposed. sec.91.9. Parole Revocation Consequence. (a) Policy. Parole may be revoked when a youth's behavior presents an unacceptable risk to the safety of the youth or the community. Parole revocation is considered a major consequence and requires a Level I hearing. (b) Rules. (1) Restrictions. (A) With approval of the regional director, the youth's parole officer or casemanager or halfway house superintendent may request a Level I hearing. (B) The staff requesting a hearing may cancel at any time prior to the commencement of the hearing. (C) A Level I hearing will not be held if TYC staff receive information that criminal or delinquent proceedings against the youth are planned or anticipated by local authorities. (D) Specific training school placements are the responsibility of the Statewide Reception Center. Evins Regional Juvenile Center placements are the responsibility of the regional assessment team. All other placements are the responsibility of centralized placement. (E) If a felony offense is found but reclassification to chronic serious offender is not justified, the finding of a felony must be documented in the casework subfile. (F) A high risk offense is any major rule violation which may result in a classification other than general or violator of CINS probation. (2) Criteria and classification. (A) Parole is revoked when it is shown in a Level I hearing that a youth has: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            committed a high risk offense; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              committed a felony offense and is a high risk according to a current risk assessment; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                committed any major rule violation and has previously been classified for a high-risk offense; or (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  within the first 90 days following the youth's disciplinary transfer to a medium restriction program: (I) committed a high risk offense; (II) committed a felony offense; (III) committed a major rule violation causing substantial bodily injury; (IV) committed two major rule violations within 30 days; or (V) committed three major rule violations. (B) If extenuating circumstances are found incident to a high risk offense, parole is revoked, but the high risk classification may be waived pursuant to GOP.47.03, sec.85.23 of this title (relating to Classification). (C) If extenuating circumstances are found incident to any violation other than a high risk offense, parole is not revoked. See extenuating circumstances discussed in GOP.47.03, sec.85.23 of this title (relating to Classification). (3) Disposition. (A) Placements are made according to classifications. See GOP.63.09, sec.91.7 of this title (relating to Reclassification Consequences). (B) If criteria for revocation are not established at a Level I hearing, the youth remains on parole status, but lesser disciplinary consequences may be imposed for any rule violations which are proved at the hearing. (C) If a youth is on parole from another state and is being supervised by Texas Youth Commission (TYC) under agreement with the other state, a parole revocation hearing is held by TYC and the youth returned to the sending state, coordinated by the interstate compact administrator and general counsel. (D) If a TYC parolee commits an offense in another state, the return of such youth is coordinated by the interstate compact administrator and the general counsel. A parole revocation hearing is coordinated by and held at the request of the assigned parole officer. sec.91.11. Disciplinary Transfer/Assigned Minimum Length of Stay Consequence. (a) Policy. A youth may, for disciplinary reasons, be transferred to an appropriate placement or assigned a minimum length of stay in the current placement except that a youth on parole shall not be transferred into a placement of high or maximum restriction. Disciplinary transfer and assignment of a minimum length of stay are considered major consequences and require a Level II hearing. (b) Rules. (1) Restrictions. (A) The youth's halfway house superintendent, parole supervisor, casemanager supervisor or institutional caseworker (primary service worker) may request that the regional director or institutional superintendent schedule a Level II hearing. (B) The appropriate regional director or institutional superintendent may schedule a Level II hearing and may cancel the hearing at any time. (C) A Level II hearing will not be held if TYC staff receive information that criminal or delinquent proceedings against the youth are planned or anticipated by local authorities. (D) If a felony offense is found at a level II hearing, it must be documented in the hearing manager's report which is filed in the casework subfile. (E) A Level II hearing shall be held prior to a disciplinary transfer. When good cause compels a prehearing movement of the youth, the hearing shall be held within three consecutive days after the movement. (F) A high risk offense is any major rule violation which may result in a classification other than general or violator of CINS probation. (2) Criteria. A youth may be transferred or assigned a minimum length of stay if it is found at a Level II hearing that the youth has committed: (A) a high risk offense; (B) a felony offense; (C) any major rule violation causing substantial bodily injury; (D) two or more major rule violations within 30 days at the most recent permanent placement or any subsequent temporary placement; or (E) three or more major rule violations at the most recent permanent placement or any subsequent temporary placement. (3) Disposition. (A) If criteria are met, a youth may be: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    transferred to a placement of equal or more restriction than the youth's most recent permanent placement; or (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      retained in the current placement and assigned a minimum length of stay. (B) If the hearing manager determines there are extenuating circumstances incident to the violation(s) proved at a Level II hearing, the youth is neither transferred nor assigned a minimum length of stay, but the hearing manager shall notify the administrator responsible for the program to which the youth is assigned so appropriate disciplinary action may be taken. (C) Specific training school assignments are the responsibility of the Statewide Reception Center. All other assignments are the responsibility of centralized placement. (4) Assigned Minimum Length of Stay. (A) At a Level II hearing, a youth's primary service worker may request that the youth be assigned a specific minimum length of stay rather than transferred to another program. (B) An assigned minimum length of stay under this policy shall not exceed six months and shall be approved by the executive director or a designee. (C) Following a Level II hearing at which a youth is assigned a minimum length of stay, the institutional superintendent or regional director shall request executive director approval for assignment of a minimum stay. (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        The institutional superintendent or regional director submits the following to the director of institutions or director of community services: (I) hearing manager's report of a Level II Hearing: (II) cover memo including the administrator's: recommended minimum length of stay; and (III) background information on the youth: (-a-) date of arrival; (-b-) committing offense; (-c-) grounds for the hearing (explain); (-d-) current classification; (-e-) description of precipitating incident; (-f-) youth's adjustment in the program; (-g-) net impact on length of stay if in an institution. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          The director of institutions or director of community services reviews the material, comments, and provides a recommendation and all information to the executive director or designee. (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            The executive director or designee reviews the assigned stay and may approve, disapprove, or modify the, length of stay. Materials submitted for review are returned to the appropriate central office program director to be forwarded to the field along with the decision of the executive director or designee . (D) A youth assigned a minimum length of stay remains in the current program until the length of stay and other program completion criteria are completed. sec.91.13. On-Site Disciplinary Consequences. (a) Policy. On-site disciplinary consequences may be assigned to youth in a residential program for violations of one or more of the Rules of Conduct. On-site disciplinary consequences are considered minor consequences. See GOP.65. 05, sec.91.35 of this title (relating to Level III Hearing Procedure) for proper procedures. (b) Rules. (1) Consequences: (A) reprimand; (B) suspension of on and off site privileges; (C) restriction of personal activity; (D) facility work restitution; (E) have personal items taken (contraband); (F) lose trust fund privileges; (G) lose a level. (2) Appropriate consequence. The staff choosing the most appropriate consequence among those available does so within the following guidelines. (A) The consequence imposed should be the least restrictive necessary to effect learning more appropriate behavior and should be proportionate to the severity and extent of the violation. (B) The consequence should be imposed for the minimum period of time necessary to be effective in correcting the misbehavior. (C) When work restitution is the most appropriate consequence, the type, amount and duration of the work assigned should be reasonably proportionate to the value of the property lost or damaged. (3) Rules for imposing restriction. (A) The goal of restriction is to prevent the youth from participating in regular program activities when such restriction is perceived by the youth as a negative consequence and therefore serves to deter repetition of the misbehavior. (B) An on-site consequence is imposed in accordance with procedure in GOP. 65.05, sec.91.35 of this title (relating to Level III Hearing Procedure). (C) Restrictions may not interfere with basic rights. (D) Youth in institutions may be restricted to their rooms or to the dorm (living unit). (E) Youth in halfway houses are not restricted to their rooms. They may be restricted to the facility. (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Facility restriction is the restriction of an individual youth to a halfway house facility and its immediate grounds for a specified period of time. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Facility restrictions may exceed 48 hours only following an administrative hearing by a person or panel of staff who are not directly involved in the incident leading to the restriction. A written, signed and dated report is completed and submitted to the superintendent. (4) Documentation. The staff implementing any on-site disciplinary consequence documents the date, name of youth, and reason for segregation in the daily log. Supervisory staff review the log daily and sign. (5) Rules for imposing work restitution. (A) Restriction in GOP.53.07, sec.87.57 of this title (relating to Youth Employment and Work) also apply. (B) The goals of work restitution are to assist the youth to develop a sense of equity and a sense of pride and responsibility for personal behavior. The goal is not to recover loss caused by the youth. (C) The work required must be proportionate to the damage done and be in furtherance of the maintenance of the facility. (D) A reasonable value of the property lost or damaged is determined by the on-site fiscal department or program administrator. (E) Facility staff make reasonable efforts to assist youth in obtaining tools or materials necessary to restore or repair damage property; the cost of tools or materials not normally available at the facility may be included in the agreement to make restitution. (F) When work is imposed and completed, it is documented to include at least the following: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  when and how the property was damaged and that youth did do the damage; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    number of hours worked, dates, type, and place of work when the work is complete; and (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      signatures of staff and youth acknowledging completion of work. (G) The youth may volunteer to pay for damage to property but his doing so is strictly voluntary and is unrelated to the work restitution 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 July 3, 1991. TRD-9107935 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 Chapter 91. Discipline and Control (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Youth Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Youth Commission (TYC) proposes the repeal of s91.31, concerning the hearing procedure for parole revocation and/or reclassification of youth; sec.91.55, concerning notification of affected parties when a youth escapes; sec.91.57, concerning restriction of a youth who has lost control of his or her behavior; sec.91.59, concerning staff use of physical force; sec.91.63, concerning mechanical restraint equipment; sec.91.65, concerning the security unit operated for the segregation of youth from the general population; and sec.91.69, concerning the use of community detention facilities. The sections are being repealed in order to adopt new rules. John Franks, director of finance, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Franks also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be the adoption of new rules providing more efficient due process and control measures affecting youth committed to TYC. There will be no effect on small businesses. 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 Gail Graham, Policy and Manuals Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, Austin, Texas 78765. Due Process Hearings Procedures 37 TAC sec.91.31 The repeal is proposed under the Human Resources Code, s61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. sec.91.31. Level I Hearing Procedure. 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 July 3, 1991. TRD-9107929 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 The new section is proposed under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to proper accomplishment of its functions. sec.91.31. Level I Hearing Procedure. (a) Policy. The Level I hearing procedure is appropriate due process in the following instances: parole revocation and reclassification. See GOP.65.02, sec.91.32 of this title (relating to Level I Hearing by Telephone) for circumstances in which the hearing may be conducted by telephone. (b) Rules. (1) The hearing shall be conducted by a hearings examiner appointed by the Texas Youth Commission (TYC) Director of Legal Services. The hearings examiner shall be one who has not previously participated in a hearing for the youth. (2) The hearing shall be conducted in two parts: fact-finding and disposition. (A) The purpose of the fact-finding shall be to establish whether the youth's behavior and/or circumstances require that action be taken. (B) The purpose of the disposition shall be to determine whether the action proposed by TYC staff is appropriate under TYC policy. (3) The person requesting a hearing shall appoint a staff representative to appear at the hearing and present the reasons for the proposed action. The staff representative shall also be responsible for making relevant information available to all parties to the hearing. (4) The youth shall be assisted by legal counsel at the hearing. Counsel for indigent youth will be provided through the Counsel for Indigent Parolees program of the State Bar of Texas. (5) The date and time for the hearing shall be determined by the hearings examiner. (6) The hearing shall be held in the community in which the youth resides unless, for good cause, the hearings examiner directs that it be held in another locale. (7) All necessary parties shall be present at the hearing site unless it is conducted pursuant to GOP.65.02 sec.91.32 of this title (relating to Level I Hearing by Telephone). (8) The staff representative shall provide the youth with written notice of the date and time of the hearing not less than three working days before the scheduled date. This notice shall include: (A) the reason(s) for the hearing; (B) the proposed action to be taken; and (C) the youth's rights in connection with the hearing. (9) The staff representative shall make reasonable efforts to inform the youth's parent(s) of the date, time, and place of the hearing not less than three working days prior to the scheduled hearing date. (10) The staff representative shall provide counsel for the youth with written notice of the date, time, and place of the hearing not less than three working days prior to the scheduled hearing date. The notice to counsel shall also include: (A) the name, address, and telephone number of the staff representative and the hearings examiner; (B) a list of all witnesses the staff representative intends to call; (C) an indication of the expected testimony of each witness; (D) copies of any statements made by the youth; (E) copies of any statements, affidavits, reports, or other documentation relied upon as grounds for the proposed action; and (F) copies of any reports or summaries which will be relied upon at disposition. (11) Requests for continuance or postponement shall be directed to the hearings examiner. (12) If requested by counsel, the hearings examiner shall postpone the hearing for not more than 10 days following the date upon which counsel received notice of the hearing. The hearings examiner may grant a postponement for good cause at the request of any party. (13) As soon as possible following receipt of the notice of hearing, and no later than the commencement of the hearing, counsel shall inform the staff representative of any witnesses he wishes to call on behalf of the youth. The staff representative will, if necessary, assist counsel in contacting those witnesses and securing their attendance at the hearing. (14) The staff representative shall provide counsel for the youth with reasonable access to all information concerning the youth which is held by TYC. Counsel for the youth will respect the confidential nature of such information and will comply with reasonable requests to withhold sensitive information from the youth or his family. (15) Prior to the hearing, the hearings examiner may review copies of any documentation previously provided to counsel except for those documents which relate solely to dispositional criteria. Such information shall be made available to the hearings examiner only if the hearing proceeds to disposition. (16) If necessary, the hearings examiner may direct that a subpoena be issued to compel the attendance of a witness at the hearing or the production of books, records, papers, or other objects. (A) Motions for subpoenas shall be addressed to the hearings examiner and shall state the name and address of the witness or specify the books, records, papers, or other objects desired and the material and relevant facts to be proved by them. If the matter of testimony sought is relevant, material, and necessary and will not result in harassment or undue inconvenience or expense, the hearing examiner shall direct the issuance of a subpoena. (B) Subpoenas shall be issued only after a showing of good cause and deposit of sums sufficient to insure payment of expenses incident to the subpoenas. Payment of witness fees shall be in the manner prescribed in the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, s14. (17) A victim who appears as a witness should be provided a waiting area which eliminates or minimizes contact between the victim and the youth, the youth's family, or witnesses on behalf of the youth. (18) To protect the confidential nature of the hearing, persons other than the youth, counsel for the youth, the staff representative, and the youth's parent(s) may be excluded from the hearing room at the discretion of the hearings examiner. (A) Observers may be permitted with the consent of the youth. (B) Any person except the youth and his counsel may be excluded from the hearing room if their presence causes undue disruption or delay of the hearing. (19) The hearing shall be tape recorded and the hearings examiner shall retain copies of all documents admitted into evidence. Physical evidence may be retained at the discretion of the hearings examiner; if not retained, an adequate description of the item(s) shall be entered in the record by oral stipulation. (20) Factual issues not in dispute may be stipulated to by the staff representative and counsel for the youth. Such stipulations shall be made on the record of the hearing. (21) A youth accused of misconduct shall be given the opportunity to respond "true" or "not true" to each allegation of such conduct prior to any evidence being heard on such allegations. (A) The youth shall have a right to respond "not true" to any such allegation and require that proof of the allegation be presented at the hearing. (B) A response of "true" to any such allegation shall be sufficient to establish each and every element necessary to proof of that allegation without the presentation of any other evidence. (22) All witnesses shall take an oath to testify truthfully. (23) With the exception of the youth, any person designated as a witness may be excluded from the hearing room during the testimony of other witnesses and may be instructed to refrain from discussing their testimony with anyone until all the witnesses have been dismissed. (24) The hearings examiner may question each witness at his discretion. Counsel for the youth and the staff representative shall be given an opportunity to question each witness. (25) The hearings examiner may permit a witness to testify outside the presence of the youth if such appears reasonable and necessary to secure the testimony of the witness. If the youth is excluded from the hearing room during testimony, counsel for the youth shall be present during the testimony and shall have the opportunity to review the testimony with the youth before questioning the witness. (26) The youth shall not be called as a witness unless, after consulting with counsel, he or she waives his right to remain silent on the record. (A) The youth's failure to testify shall not create a presumption against him. (B) A youth who waives his right to remain silent may only be questioned concerning those issues addressed by his testimony. (27) All factual issues shall be determined by a preponderance of the evidence. "Preponderance of the evidence" means the greater weight and degree of credible evidence admitted at the hearing. (28) The hearings examiner shall determine the admissibility of evidence. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. (29) The rules of evidence will generally be those applicable to civil nonjury trials in the district courts of Texas. Unless specifically precluded by statute, evidence not admissible under those rules may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. (30) Copies of due process hearing documents received through the interstate compact administrator or document(s) admitted for purposes of classifying a youth need not be certified if such document(s) are part of the youth's record(s). (31) Accomplice testimony is sufficient to prove an allegation if it is corroborated by other evidence tending to connect the youth with the alleged violation. The corroboration is not sufficient if it merely shows the commission of the violation alleged. If two accomplices testify, the testimony of each can serve to corroborate the other. (32) Legally recognized privileges will be given effect. (33) Evidence otherwise admissible may be received in written form if so doing will expedite the hearing and will not significantly prejudice the rights or interests of the youth. (34) A youth's written statement concerning his possible involvement in illegal activities is admissible if it is signed by the youth and accompanied by evidence indicating that the youth made the statement voluntarily after being advised of: (A) his right to remain silent; (B) the possible consequences of giving the statement; (C) his right to consult with an attorney prior to giving the statement; and (D) his right to have an attorney provided for him if he is indigent. (35) A youth's oral statement is admissible only if it relates facts which are found to be true and which tend to establish the youth's involvement in illegal activities. (36) The hearings examiner shall rule immediately on any motions or objections made in the course of the hearing. All such motions, objections, and rulings shall be included in the hearings examiner's written report. (37) The hearings examiner may, for good cause, recess or continue the hearing for such period(s) of time as may be necessary to insure an informed and accurate fact-finding. (38) Following the presentation of all evidence pertaining to the factual issues raised at the hearing, the hearings examiner shall announce his findings as to those issues. (A) When the fact-finding concerns an allegation of criminal conduct, the hearings examiner may find that the evidence suffices to prove an offense other than that originally alleged and enter the appropriate allegation in the record if the original allegation gave sufficient notice of the offense proved. (B) Irrespective of the evidence, the hearings examiner may not find a criminal offense more serious than that originally alleged unless the original allegation has been amended on the record and after notice to counsel for the youth. (C) If the hearings examiner's findings require that disposition be made, the hearing shall proceed to disposition; if not, the hearing shall be adjourned with no change in the youth's status. (39) The hearings examiner may receive additional evidence for purposes of disposition or, with the consent of all parties, may make a decision concerning disposition based upon the evidence already in the record. (40) Following announcement of the decision as to disposition, the hearings examiner shall inform the youth of his right to appeal any or all findings and decision made at the hearing. (41) A notice of appeal or request for a rehearing shall not suspend implementation of the hearings examiner's decision(s), which shall be effective when announced at the hearing. (42) As soon as possible following the conclusion of the hearing, the hearings examiner shall prepare a written report which shall include: (A) a summary of the evidence presented; (B) findings of fact, including the reliability of the evidence and the credibility of the witnesses, and the reasons for those findings; (C) conclusions of law; (D) an explanation of the dispositional decision; and (E) rulings made on motions and objections and the reasons therefor. (43) Copies of the hearings examiner's report shall be provided to counsel for the youth and the staff representative. (44) An edited copy of the hearings examiner's report is given to the youth. (45) A copy of the hearings examiner's report is placed in the masterfile only if the allegations are found. If allegations are not found, all references to the disciplinary actions are removed from the youth's masterfile. 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 July 3, 1991. TRD-9107938 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 Control 37 TAC sec.sec.91.55, 91.57, 91.59, 91.63, 91.65, 91.69 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Youth Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under the Human Resources Code, s61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. sec.91.55. Escape Notification. sec.91.57. Restriction of Youth Out of Control. sec.91.59. Use of Force and staff. sec.91.63. Mechanical Restraint Equipment. sec.91.65. Security Unit. sec.91.69. Detention. 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 July 3, 1991. TRD-9107930 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 37 TAC sec.sec.91.55, 91.57, 91.59, 91.63, 91.65, 91.69, 91.73 The new sectios are proposed under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to proper accomplishment of its functions. sec.91.55. Escape and Apprehension. (a) Policy. When a youth escapes or is apprehended while on escape from his authorized placement, Texas Youth Commission (TYC) staff notify law enforcement officials, staff, and other affected parties. (1) Escape occurs when a youth: (A) leaves the property of a TYC facility or contract program, or otherwise designated location, without permission of staff; or (B) fails to return at the designated time unless excused by the facility or program administrator. (2) Attempted escape occurs when a youth is seen attempting to escape, but is apprehended before he or she can leave the property of a TYC facility or contract program, or otherwise designated location. (b) Rules. (1) Notification of escape. (A) When it is determined that a youth has escaped, the local law enforcement authorities are notified immediately. (B) The local sheriff's department is requested to register the notice on the National Crime and Information Center (NCIC) computer to which all levels of law enforcement have access. (C) The youth's parole officer is notified of the escape by electronic mail. (D) A directive to apprehend is issued to alert police and other appropriate law enforcement agencies (i.e., sheriffs' departments, constables, etc.) of the escape. (E) Copies of the directive are sent to youth's parole officer in the committing county, county where the youth's parents reside, and area where it is believed the youth may be going. (F) The youth's parents are notified. (2) Notification of chief of security/security and apprehension officer. (A) If the youth has not been apprehended within 24 hours, the program administrator or designee notifies the TYC security and apprehension officer by electronic mail. (B) An apprehension packet is immediately forwarded by overnight mail to the security and apprehension officer. The packet includes: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        youth profile; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          photograph (if available); and (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            copy of directive to apprehend. (C) The security and apprehension officer prioritizes his involvement in the recovery efforts of escapees in accordance with the youth's: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              committing offense; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                risk to the community; and (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  risk to self. (D) Upon apprehension the youth is placed in detention and the parole officer notifies the security and apprehension officer and the location from which the youth escaped. (E) The program administrator or designee determines the consequences for the youth's escape, taking into consideration: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    injury to staff during escape; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      committing offense; and (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        commission of a criminal offense during escape. (F) Youth recovered from escape while on parole status who have not committed a new offense and who are not considered a high risk to the community, may be returned to active supervision. (3) Notification of apprehension. (A) Upon verifying that a youth has been apprehended the location issuing the escape notification informs local authorities immediately. (B) The sheriff's department is requested to cancel the NCIC notice. (C) The youth's parole officer is notified by electronic mail. (D) The directive is cancelled and notices of cancellation are issued to all locations who were sent copies. (E) The youth's family is notified within 24 hours. sec.91.57. Restriction of Youth Out of Control. (a) Policy. Texas Youth Commission (TYC) operated facilities may segregate a youth when he or she has lost control of his or her behavior. Such segregation must be for the minimum time required to allow a youth to regain self-control. A group of youth may be restricted to the dorm when staff are in danger of losing control. When youth are restricted to a place other than the security unit for a disciplinary purpose rather than a control purpose, see GOP.63.13 sec.91.13 of this title (relating to On-Site Disciplinary Consequences). (b) Rules. (1) Segregation of a youth. (A) The segregation of a youth serves a "cooling off" purpose to allow the youth to regain control. It is time away from regularly scheduled activities. (B) Either staff or the youth but not the youth's group may request the youth's removal from the activity. (C) The youth may be removed to any room in the same building away from regular activity. Doors are not locked. (D) The reason for any segregation is explained to the youth and he is given the opportunity to explain his behavior. (E) The youth is joined by staff every 15 minutes for counseling during the first hour. (F) The youth assists in determining his readiness to resume regular activity. (G) Time limits on the use of segregation in the unit differ in institutions and halfway houses. (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          In an institution, segregation is limited to 55 minutes. When youth in institutions are unable to regain control after 55 minutes, staff should take other measures. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            In a halfway house when youth are unable to regain control, during the first hour, he may be restricted by the staff on duty if he is dangerous to himself or others or when there is substantial evidence to indicate that the youth is about to abscond. (I) Youth are not segregated to their bedrooms. (II) Segregation may not exceed a total of two hours. (III) Staff contacts the youth at least hourly and is available for counseling. (IV) Rooms are not locked. (H) The staff implementing the segregation of a youth documents the date, name of youth, and reason for segregation in the daily log. Supervisory staff review the log daily and sign. (2) Institutional dorm restriction. Dormitory restriction means all youth are restricted to the inside of the dormitory area. Dormitory staff may impose dorm restriction when the group process breaks down, the group is totally disruptive and the staff is in danger of losing control. (3) Halfway house facility restriction. Facility restriction is applied to a single youth and only as an on-site disciplinary consequence. See GOP.63.13, sec.91.13 of this title (relating to On-site Disciplinary Consequences). sec.91.59. Use of Force. (a) Policy. The Texas Youth Commission (TYC) prohibits the use of physical force as punishment and sanctions its use only as a control measure to ensure the safety and welfare of youth and staff. Physical force is to be used as a last resort and only for purposes justified under this policy. Isolation and full body restraint may be employed only in TYC institutions. Also see GOP.67.13 sec.67.13 of this title (relating to Mechanical Restraint Equipment). Allegations of unjustified force are reported and investigated in compliance with GOP.61.15 sec.89.15 of this title (relating to Alleged Mistreatment Rules and Definitions). (b) Rules. (1) Explanation of terms used. (A) Force-Any physical contact exerted upon a person to compel or arrest bodily movement. (B) Restraint-The complete or partial constraint of a person's bodily movement through physical or mechanical means. (C) Compel movement-The physical force used to cause the movement of a person from one location to another. (D) Mechanical restraints-A mechanical device(s) used to aid in the restriction of a person's bodily movement. (E) Full body restraint-The complete constraint of bodily movement to protect the youth from imminent serious self-injury achieved by securing a person on a bed in the security unit, face upward using cloth or leather restraint devices. (2) Criteria for use. The use of physical force (to restrain or compel movement) is limited to instances of: (A) protection of the youth from imminent self-harm; including the administration of medical treatment in life threatening or imminent serious self-injurious behavior; (B) self-protection from imminent harm; (C) protection of third parties from imminent harm including resistance to search for contraband in compliance with GOP.67.03 sec.91. 53 of this title (relating to Search); (D) prevention of imminent property damage; (E) prevention of escapes including escapes, attempts, and use during transportation when: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              the youth has a history of escape or violent behavior; or (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                behavior of the youth prior to or during transportation lead staff to believe the youth will attempt to escape and/or engage in violent behavior; and (F) movement of a referred youth to the security/detention unit or alternative education classroom. A youth may also be moved within the security or detention unit when the youth's behavior is substantially disruptive and the youth refuses to follow a reasonable order of the security/detention staff. (3) Restrictions. (A) Physical force is justified only as a last resort and only in instances listed in paragraph (2) of this subsection, concerning criteria for use. Last resort indicates that the staff has engaged in measured, progressively intense action to assist an out of control youth to regain self-control prior to considering use of force. When use of physical force is necessary, it should be measured and progressive in nature, however, the amount and type of force necessary to control violence should be used. Physical force is considered progressive as listed from clauses (i) to (v) as follows: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  compel movement; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    restrain; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      use mechanical restraints; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        place in isolation (permitted only in the institution security unit); (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          full body restrain (permitted only in the institution security unit or infirmary). (B) Force shall not be used as punishment, as discipline, or as a convenience for staff. (C) Staff, not youth, shall be solely responsible for the exercise of force and restraint. (D) Staff shall restrain youth using techniques approved and taught by TYC. (E) Only restraint equipment approved by TYC may be used. See GOP.67.13 sec.67.13 of this title (relating to Mechanical Restraint Equipment). (F) When physical or mechanical restraint is employed, staff shall ensure the youth's safety by ensuring adequate respiration and circulation and providing continuous visual supervision until the restraint is terminated. (G) A staff member acting alone is not expected to use force or restraint when the risk of harm presented by the youth's conduct does not outweigh the possible risk of harm to youth or staff which would likely result if the staff acted alone. (4) Conditions and documentation of restraint except full body restraint. (A) Use of mechanical restraint must be approved by the program administrator or his designee prior to application. In an emergency, where prior authorization is not possible, the staff member employing restraint shall use appropriate force and justify the action on the required report. (B) A restraint, physical or mechanical, shall be terminated within 15 minutes unless the youth is exhibiting or threatening to continue behaviors which justify the use of restraint. If continued restraint is justified, restraint must be terminated when the youth's behavior ceases to pose a threat or, if used during transportation, when the destination is reached. (C) Use of restraint except during transportation shall not be employed for more than 30 minutes without the approval of the program administrator or his designee. The program administrator or his designee must document a justification for continued restraint every 30 minutes until termination of restraint. (D) All incidents involving the use of force are reported on the Incident Report, CCF-225, which must be completed by the employee using force no later than the conclusion of the shift. The facility administrator reviews the restraint report section of the Incident Report of all incidents involving the use of force. (5) Conditions and documentation of full body restraint. (A) When a youth is engaged in imminent and serious self-injury and all other less restrictive interventions by staff have failed, full body restraint may be authorized for the protection of the youth. (B) The use of the full body mechanical restraint method must be authorized prior to application by the superintendent or designee and one additional restraint trained child care staff. Authorization is valid for one hour. (C) At least one staff trained specifically in full body restraint techniques must be involved in any take down procedure. If at least one trained staff is not available to supervise, full body restraint shall not be employed. Trained staff shall include: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            all security staff; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              all nursing staff; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                social service administrator or caseworker III; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  the facility superintendent; and (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    all administrative duty staff or any person likely to substitute for the superintendent. (D) A nurse shall check the physical condition of the youth and the placement of the restraints initially and every 30 minutes during the restraint. (E) Staff employing a full body mechanical restraint shall ensure the youth's personal dignity by providing a protected environment and as much privacy as possible. (F) All items or articles (i.e., belts, gloves, jewelry) with which a youth might injure himself shall be removed prior to application of restraint devices. However, youth shall be permitted to wear as much clothing as is safe. (G) Youth placed in a full body mechanical restraint shall be provided: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      circulation and position checks at least every 15 minutes; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        opportunity for motion and exercise for a period of not less than five minutes at each half hour; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          regularly scheduled meals and drinks served on appropriate foodware for safety; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            regularly prescribed medications, unless otherwise ordered by a physician; (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              bathroom privileges; (vi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                a room of adequate size, free of safety hazards, adequately ventilated during warm weather, adequately heated during cold weather and appropriately lighted; (vii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  continuous visual supervision by staff. (H) Restraint shall be terminated as soon as the youth's behavior indicates the threat of imminent self-injury is absent. (I) All incidents involving the use of force are reported on the Incident Report, CCF-225, which must be completed by the employee using force no later than the conclusion of the shift. The facility administrator reviews the restraint report section of the incident report of all incidents involving the use of force. (J) A physician's order is required to continue the restraint longer than one hour. sec.91.63. Mechanical Restraint Equipment. (a) Policy. Texas Youth Commission (TYC) staff use only agency approved equipment for the purpose of mechanical restraint and may only use such equipment in a manner consistent with its intended purpose. Mechanical restraint may be employed only in compliance with GOP.67.09 sec.91.59 of this title (relating to Use of Force). (b) Rules. (1) Explanation of terms used. Mechanical restraint -Any physical device employed to effect complete or partial constraint of a person's bodily movement. (2) Restrictions. (A) Devices must be applied properly. A device must not be secured so tightly as to interfere with circulation nor so loosely as to permit chafing of the skin. (B) Restraint devices may not be secured to any stationary object except as provided in using full body restraint. Prohibitions include: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    restraining in a standing position to a fixed object. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      attaching any approved restraint equipment to any part of a vehicle during transportation. (C) Youth in restraints may not be secured to another youth. (D) A log recording distribution of equipment is kept by each facility. (3) Approved equipment. The following restraint devices are approved for use by TYC staff. All other devices are specifically disapproved. (A) Handcuffs-Metal (not plastic) devices fastened around the wrist to restrain free movement of the hands and arms. (B) Wristlets-A cloth or leather band fastened around the wrist or arm and which may be secured to a waist belt. (C) Anklets-A cloth or leather band fastened around the ankle or leg. (D) Ankle cuffs-Metal, cloth or leather band or device fastened around the ankle to restrain free movement of the legs. Handcuffs may not be used to cuff the ankles. (E) Belts-A cloth or leather band fastened around the waist. The belt is used to secure the arms to the sides of the body. (F) Padlocks or key locks-Locks used to secure handcuffs, wristlets, anklets and ankle cuffs. (G) Mittens-A cloth, plastic, foam rubber, or leather hand covering fastened around the wrist or lower arm. Acceptable fasteners include elastic, Velcro, ties, paper tape, pull strings. (H) Helmets-A plastic, foam rubber, or leather head covering. If appropriate, a face guard may be attached to the helmet. The device must be proper size for the youth, and the chin strap should not be so tight as to interfere with circulation. (I) Shield-A plastic shield normally identified as riot shields equipped with handles or holding straps. (J) Emergency response belt-An approved cloth strap used to restrain some portion of the body. It may not be used around the head from the rear. Only those certified in its use may use the belt. sec.91.65. Security Unit. (a) Policy. The Texas Youth Commission (TYC) refers to security as the institutional unit or building, which is designed and operated for the segregation of youth from the general population and which is controlled exclusively by staff. Placement in security is a serious and extreme measure which may be imposed only in the limited situations. Security shall not be used for retribution at any time. Also see GOP. 67.19, sec.91.69 of this title (relating to Detention). (b) Rules. (1) Admission to security. (A) A youth may be confined in security: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        when there are reasonable grounds to believe, based upon overt acts, that the youth is a serious and continuing escape risk; or (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          when the youth is a serious and immediate physical danger to himself or herself or others and staff cannot protect the youth or others except by referring the youth to security; or (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            when the confinement is necessary to prevent imminent and substantial destruction of property; or (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              to restrain behavior that creates substantial disruption of the routine of the facility; or (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                upon the youth's own request. (B) A youth may be admitted to security only with the approval of the superintendent, acting superintendent, the youth's caseworker, his substitute, or a child care professional designated by the superintendent. (C) Within 50 minutes of the referral the responsible staff shall determine whether the youth meets admission criteria and whether to admit the youth to the security unit. The superintendent or his substitute may extend the 50 minute time limit up to one additional hour if requested and necessary. (2) Release. (A) A youth shall not remain in security more than 24 hours solely on the basis of the behavior for which he was admitted to security. (B) No minimum length of time in security is imposed. (3) Extended stay. (A) A youth's stay in security may be extended beyond the 24 hours if there are reasonable grounds to believe that one of the admission criteria is occurring or will occur if the youth is released. (B) Extended security confinement due process protections are provided to youth who remain in security longer than 24 hours. (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  A hearing is afforded the youth before security confinement is extended past 24 hours. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    The youth is informed of the reasons for the continued confinement. (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      A hearing administrator is appointed by the superintendent to review the reasons for the confinement and make a decision on the facts presented. (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        The youth is present and participates in the review and has an opportunity to make his own statement. (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          The youth is given assistance in presenting his position if the youth requests such assistance. (vi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            The administrator's decision is based solely on the evidence presented. (vii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              A written statement of the decision setting forth the reasons for the decision and the appeal procedure is provided to the youth. (viii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                The superintendent will decide the appeal outcome and the youth is notified of the outcome of the appeal. (C) Following the extended stay hearing, the superintendent may approve an additional 24 hour extension, every 24 hours thereafter, until the end of the fifth day or 120 hours. (D) Following 120 hours of extended security placement, the director of institutions may approve an additional 24 hour extension, every 24 hours thereafter, until the end of the seventh day or 168 hours. (E) Following 168 hours of extended stay security placement, the deputy executive director may approve an additional 24 hour extension every 24 hours thereafter until the youth is released. (4) Security requirements. (A) Youth placed in security who are on suicide alert are visually checked by staff no less frequently than every 10 minutes. All other youth in security are visually checked by staff at least every 15 minutes. (B) Youth in security are visited at least once each day by the superintendent or acting superintendent and by personnel from the psychology and medical departments. (C) During any period of time in which youth are locked in their rooms in security during normal sleeping hours, a supervisor visits the security area at least once each hour (unless exceptional and unusual duties prohibit such visits) and shall make an entry into the log recording each such visit. (D) Youth in security receive appropriate psychological and medical services. (E) Youth in security receive the same food including snacks prepared in the same manner as for other youth except as special diets may be prescribed on an individual basis by medical personnel. (F) Youth in security receive educational services. Academic assignments are expected to be completed on all school days by youth enrolled in academic classes; any youth not enrolled in an educational program or only involved in vocational shop activities may be given leisure reading or letter writing assignments in lieu of completing academic class assignments. (G) Youth in security receive two periods of supervised large muscle activity daily. (5) Documentation. Permanent log(s) are maintained stating the name of the person who authorized confinement or security, the superintendent or acting superintendent's daily approval of the placement, the names and times of the persons who visited the youth while so confined, and the date and time of the youth's placement into security or isolation and release. sec.91.69. Detention. (a) Policy. The Texas Youth Commission (TYC) may make use of community detention facilities to hold its youth with the consent of local authorities as allowed by the Human Resources Code. TYC will utilize community detention facilities in a manner consistent with local policies. If community detention is not available, a youth may be detained in the security unit of a TYC training school. (b) Rules. (1) Explanation of terms used. (A) Detention hearing-The court hearing required and described in the Texas Family Code to determine whether conditions exist to justify a detention order. (B) Detention review hearing-The TYC hearing required by this policy, held in lieu of a detention hearing for the same purpose. (C) Detention review conference-The meeting with a TYC supervisor requested by the TYC staff responsible for the youth, to justify the need and obtain approval to request detention by the county or the training school. (2) Criteria for detention. (A) A youth may be detained when there is probable cause to believe the youth engaged in delinquent conduct or conduct indicating a need for supervision and one of the following criteria is met: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  the youth is likely to abscond and not appear at a disciplinary hearing; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    suitable supervision, care, or protection for the youth is not being provided by the parent or guardian and a less restrictive temporary shelter is not available or is inappropriate; or (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      the youth is accused of committing a felony offense and may be dangerous to himself or others if released. (B) Youth are not placed in detention for the purpose of punishment. (3) Community detention. (A) TYC provides detention facilities office and home telephone numbers of staff to contact when TYC youth are detained. (B) Upon notification by detention staff, a TYC staff confirms whether the youth is under TYC authority and notifies the assigned placement facility of the detention, if appropriate, and the regional director of the allegations regarding behavior. (C) If TYC staff receives information that criminal or delinquent proceedings against the youth are pending or anticipated by local authorities, TYC shall no longer hold the youth in detention and will cease any plans for a hearing. (D) If the parole officer or other local TYC staff responsible for the youth determines the youth has not committed any offense or is from a facility and local authorities have not ordered the youth's detention, arrangements are made for immediate return to the TYC facility. (E) If the parole officer or other staff determines that there is probable cause to believe that offenses have been committed and that detention is warranted, he holds a detention review conference with the parole supervisor or other TYC program administrator to justify and obtain approval for having the youth held in detention. The conference must be held prior to the first county detention hearing, if any. (F) TYC staff provide necessary documentation to local authorities when requesting the use of detention. (G) TYC staff visit detained students daily where possible. No more than three days may pass without a visit by the staff responsible for the youth. (H) If detention hearings are held by the county, TYC staff participates as requested and no other hearings are required. (I) If, following the detention hearing, further detention is not allowed by the county: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        the youth is released to a responsible party who will make sure the youth attends the disciplinary hearing; or (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          detention admission to a training school pending further disposition is requested. (J) If detention hearings are not held by the county, TYC staff hold a detention review hearing (Level IV hearing) for any youth being held. See GOP.65.07, sec.91.37 of this title (relating to Level IV Hearing Procedure). The detention review hearing is held on or before the 10th day of detention when a Level I or II hearing cannot be held within 10 days and further detention is necessary and appropriate. (K) TYC administrators report to central office monthly on their use of community facilities. (4) Training school detention. (A) Restrictions. (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            A training school security unit may be used as a detention facility for youth in a community placement and youth already in the institutional program when criteria for detention in paragraph (2) of this subsection have been met. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              A youth may be detained in a training school for detention for up to 10 days pending a hearing. (I) Extensions beyond 10 days pending a Level I hearing require that a detention review hearing be held on or before the 10th day. See GOP.65.07, sec.91.37 of this title (relating to Level IV Hearing Procedure). (II) Extensions beyond 10 days for youth held pending transfer hearing (Level II), require the approval of the executive director or designee but do not require a detention review hearing. (B) Admission of youth from a community placement. (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Detention admission in a training school may be sought only if a local community detention facility is not available. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Each request for detention admission is authorized by the regional director responsible for the referring program. (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    The regional director obtains approval for the placement from the director of institutions. (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      The referring staff shall electronically enter all required forms prior to transporting the youth. (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        The referring staff is responsible for transporting or arranging transportation of the youth to and from the receiving program. (vi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          The referring staff is responsible for presenting the following documentation at the time of admission: (I) written statement including purpose of admission supporting documentation, i. e., any incident reports or arrest reports, and expected length of stay; (II) the medical subfile, if available or copies of medical records from the parole working file; (III) any medication the youth is taking. (vii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Upon admission the youth's case is assigned to the institutional placement coordinator who is responsible at a minimum for: (I) ensuring that intake information is present; and (II) seeing the youth at least once each day. (C) Admission of youth in the institution. (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Criteria for detention admission into the security unit for a youth placed in the institution may be considered after a Level I or II hearing has been scheduled. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                If a youth is in the security unit when he meets detention criteria, and detention admission is desired, the youth is released from security and admitted to detention. (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  The youth's caseworker sees the youth at least once a day. sec.91.73. Resocialization Program. (a) Policy. The Texas Youth Commission maximum security institution operates a resocialization program within the regular program. Youth classified as sentenced offenders or violent offenders who have intentionally exhibited aggressive, destructive, and assaultive behavior and have not responded to the treatment program may be eligible. The program is highly restrictive and intensive and is operated in an on campus unit separate from other units and campus activities. (b) Rules. (1) Criteria. (A) A youth's immediate behavior must meet one of the following eligibility criteria: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    assault of TYC staff; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      one or more serious assaults on a student, resulting in bodily injury; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        willful destruction of property; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          escape with exacerbating circumstances, i.e., aggravated assault, arson, or possession of a weapon; (B) The admission decision is based on the following considerations: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            severity of the incident; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              previous behavior indicating a continuing course of conduct; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                previous interventions attempted; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  sufficiency of other less restrictive interventions at this time; (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    probability of success of the GRP. (C) A Level II hearing is held to determine the facts of the immediate behavior if denied by the youth. (D) Admission approval by the superintendent or assistant superintendent is required. (2) Release. (A) Each youth remains in program for a minimum of 30 days and must successfully complete specific objectives. Reintegration is individual and gradual. (B) The resocialization program treatment team reviews progress weekly and determines when objectives have been met sufficiently to progress through levels and when release from the program has been earned. The team approves return to regular program. (3) Program requirements. Privileges afforded in the regular program may be restricted in the following areas: (A) types of clothing worn may be controlled. Wearing of outdoor shoes may be limited to outdoor activity; (B) visitation may be restricted to adult family members and attorneys; (C) incoming calls may be restricted to those of parents or guardians and attorneys. 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 July 3, 1991. TRD-9107934 Ron Jackson Executive Director Texas Youth Commission Earliest possible date of adoption: August 12, 1991 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 48. Community Care for Aged and Disabled Program of All-inclusive Care for the Elderly (PACE) 40 TAC sec.sec.48.2801-48.2810 The Texas Department of Human Services (DHS) proposes new sec.sec.48.2801- 48. 2810, concerning the Program of All-inclusive Care for the Elderly (PACE), in its Community Care for Aged and Disabled chapter. The purpose of the new sections is to establish the PACE model at Bienvivir Senior Health Services which will provide comprehensive health care services to frail elderly persons who are certifiable for institutional care. Burton F. Raiford, interim commissioner, has determined that for the first five-year period the proposed sections will be in effect there will be fiscal implications for state government as a result of enforcing or administering the sections. The effect on state government for the first fiveyear period the sections will be in effect is an estimated additional cost of $727,913 in fiscal year (FY) 1992; $1,092,757 in FY 1993; $1,492,898 in FY 1994; $1,588,059 in FY 1995; and $1,680,195 in FY 1996. There will be no effect on local government as a result of enforcing or administering the sections. Mr. Raiford 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 to test for possible savings from a managed health care program. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed sections. Questions about the content of this proposal may be directed to Gerardo Cantu at (512) 450-3693 in DHS's Community Care Section. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support-161, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register . The new sections are proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. sec.48.2801. Introduction.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Enrollment and provider payments and the risk-based requirements for home and community-based services for frail elderly persons that are certifiable for institutional care are contingent upon approval by the Health Care Financing Administration. sec.48.2802. Definitions.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        The following words and terms, when used in this undesignated head, shall have the following meanings unless the context clearly indicates otherwise.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Bienvivir Senior Health Services-The provider agency chosen to replicate the PACE long-term care capitation model in Texas.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Capitation-The uniform per client rate paid to Bienvivir.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              PACE-Program of All-inclusive Care for the Elderly.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Waiver program -A risk-based program that provides services to frail elderly persons as an alternative to institutional care and integrates long-term care funding without any restriction on services by establishing a single service package and involving Medicare, Medicaid, and private payment according to individual entitlement.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Waiver program services-Services provided under waiver provisions of the Medicaid Section 1115 demonstration waiver and the Medicare Section 222 waiver. sec.48.2803. Client Eligibility Criteria. (a) To be determined eligible by the Texas Department of Human Services (DHS) for waiver program services, an applicant must: (1) be eligible for supplemental security income (SSI) benefits; (2) have been eligible for and received SSI benefits and continue to be eligible for Medicaid as a result of protective coverage mandated by federal law; or (3) be eligible for Medicaid benefits if institutionalized. (b) The applicant must also: (1) meet the criteria for disability if under age 65, as documented on the appropriate DHS forms; (2) be 55 years of age or older; (3) be certified by the National Heritage Insurance Corporation as meeting the nursing facility medical need criteria; (4) reside in the geographic catchment area as defined by the waiver; (5) agree to accept Bienvivir as a sole service provider, as specified in the waiver; (6) have an individual plan of care developed by Bienvivir's multidisciplinary team; (7) agree to accept Bienvivir's physician as his primary care physician; and (8) discontinue participation in any other Title XIX Program which duplicates waiver services. sec.48.2804. Risk-based Model.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    For the first year of the waiver, Bienvivir, and Medicaid share risk for Medicaid services; and, beginning with the second waiver year, Medicare will also share risk. The interim risk is distributed equitably among Bienvivir, Medicaid, and Medicare. At the end of the third waiver year, Bienvivir will assume full financial risk for the health care services it provides. sec.48.2805. Program Benefits.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Services under the program include but are not limited to the following: (1) primary medical care; (2) physical, occupational, and recreational therapies; (3) social services including individual and family counseling, health education, and financial management; (4) nutrition counseling; (5) medical and social day care; (6) transportation to and from centers and other non-emergency services; (7) meals; (8) personal care including showering, grooming, hair care and laundry, in-home attendant and homemaker services; (9) home health care; (10) specialist services including optometry, audiology, dentistry, psychiatry, podiatry, and speech therapy services; (11) acute hospital and skilled nursing care; (12) prescription drugs, laboratory testing, X-rays, medical specialty services; and (13) restorative and supportive appliances. sec.48.2806. Client's Right to Appeal.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Any applicant or client who is denied waiver program services is entitled to a fair hearing conducted by the Texas Department of Human Services (DHS) according to DHS's fair hearing rules included in Chapter 79 of this title (relating to Legal Services). sec.48.2807. Provider Claims Payment. (a) Bienvivir will receive preset capitation payments from Medicaid based on the client's entitlement. The following conditions must be met for payment to occur. (1) Bienvivir must deliver services to eligible clients based upon an individual plan of care developed and controlled by a multidisciplinary team. (2) Units of service that have been provided must be documented according to the client's individual plan of care. (3) Bienvivir must accept the Texas Department of Human Services's (DHS) capitated rate as payment in full for Medicaid services provided under the waiver program. (4) An initial claim for services must be received in the DHS provider services section within 95 calendar days of the end of the month of service. (b) Bienvivir is not entitled to payment if the client is involuntarily disenrolled from the waiver program. The client will be involuntarily disenrolled if the client: (1) moves out of the service area; (2) does not comply with the individual plan of care or there is a breakdown in the physician or team-client relationship; (3) refuses services or is unwilling to meet conditions of participation; (4) refuses to provide accurate financial information, provides false information or transfers assets for less than fair market value; (5) is out of Bienvivir's service area for more than 30 days; or (6) if Bienvivir loses the contracts or licenses enabling it to offer health care services. sec.48.2808. Delegation of Signature Authority.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          The agency providing waiver program services and delegating signature authority to employees or to a billing service for claims preparation is responsible for the accuracy of the claim submitted for payment. sec.48.2809. Rejected Claims.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            If the Texas Department of Human Services (DHS) rejects a claim for payment of waiver program services because of errors, Bienvivir must research the errors, initiate appropriate corrective action, and resubmit a corrected claim to DHS with supporting documentation within 95 calendar days from the date of the rejection. sec.48.2810. Provider's Right to Appeal.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              If Bienvivir is denied payment for waiver program services, it is entitled to a contract appeal conducted by the Texas Department of Human Services (DHS) according to DHS's contract appeal rules included in Chapter 79, Subchapter Q of this title (relating to Legal Services). 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 July 8, 1991. TRD-9108072 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: September 15, 1991 For further information, please call: (512) 450-3765 Eligibility 40 TAC sec.48.2904, sec.48.2924 The Texas Department of Human Services (DHS) proposes amendments to sec.48. 2904 and sec.48.2924, concerning eligibility, in its community care for aged and disabled chapter. The purpose of the amendments is to exclude payments received under the Radiation Exposure Compensation Act and funds from the In-home and Family Support Program from both income and resources in the Community Care for Aged and Disabled program. Burton F. Raiford, interim commissioner, has determined that for the first five-year period the proposed sections will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Raiford 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 that clients are not penalized for receiving Radiation Exposure Compensation or In-home and Family Support funds. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed sections. Questions about the content of this proposal may be directed to Tom Gibbons at (512) 450-3217 in DHS's Long Term Care Department. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support-170, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register . The amendments are proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. sec.48.2904. Income Exclusions.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                The client's monthly gross income excludes the following: (1)-(7) (No change.) (8) the amount of the cost-of-living increase in any pension or benefit, received on or after January 1, 1985, that would cause the client to be ineligible for continued services. This exclusion applies only to community care clients who are already receiving services or case management and would become ineligible because of the increase. It does not apply to applicants for services; [and] (9) the first $65 of the client's earnings plus one-half of the remaining earnings. This exclusion applies only to the client's earnings. If both members of an eligible couple are employed, only one exclusion is allowed for the couple's combined earned income;
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  [.] (10) payments to volunteers under the Domestic Volunteer Services Act. This exclusion applies to any payments to volunteers in the following programs: (A)-(B) (No change.) (C) Senior Companion Program;
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    [.] (11) payments from the Agent Orange Settlement Fund or any other fund established in settlement of the Agent Orange product liability litigation;
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      [.] (12) any payment received under the Radiation Exposure Compensation Act (Public Law 101-246); and (13) funds from the In-home and Family Support Program. sec.48.2924. Resource Exclusions.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        In determining eligibility for CCAD services, the department does not consider the following to be resources. They are considered to be excluded for eligibility purposes. Any item not listed as an exclusion is considered a resource. (1)-(18) (No change.) (19) Radiation exposure compensation. Payments received under the Radiation Exposure Compensation Act (Public Law 101-246). (20) Funds from the In-home and Family Support 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 July 8, 1991. TRD-9108073 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: October 1, 1991 For further information, please call: (512) 450-3765 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 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 42. Medical Benefits Subchapter B. Medical Cost Evaluation 28 TAC sec.42.110 The Texas Workers' Compensation Commission has withdrawn the emergency effectiveness of repeal sec.42.110, concerning the medical cost evaluation. The text of the emergency sec.42.110 appeared in the June 28, 1991, issue of the Texas Register (16 TexReg 3568). The effective date of this withdrawal is July 3, 1991. Issued in Austin, Texas, on July 3, 1991. TRD-9107975 Patricia J. Schnautz Staff Services Assistant Texas Workers' Compensation Commission Effective date: July 3, 1991 For further information, please call: (512) 440-3972 28 TAC sec.42.110 The Texas Workers' Compensation Commission has withdrawn the emergency effectiveness of new sec.42.110, concerning the medical cost evaluation. The text of the emergency sec.42.110 appeared in the June 28, 1991, issue of the Texas Register (16 TexReg 3568). The effective date of this withdrawal is July 3, 1991. Issued in Austin, Texas, on July 3, 1991. TRD-9108022 Patricia J. Schnautz Staff Services Assistant Texas Workers' Compensation Commission Effective date: July 3, 1991 For further information, please call: (512) 440-3972 Chapter 134. Medical Benefits-Guidelines for Medical Services, Charges, and Payments Subchapter E. Health Facility Fees 28 TAC sec.134.400 The Texas Workers' Compensation Commission has withdrawn the emergency effectiveness of new sec.134.400, concerning the health facility fees. The text of the emergency sec.134.400 appeared in the June 28, 1991, issue of the Texas Register (16 TexReg 3569). The effective date of this withdrawal is July 3, 1991. Issued in Austin, Texas, on July 3, 1991. TRD-9107976 Patricia J. Schnautz Staff Services Assistant Texas Workers' Compensation Commission Effective date: July 3, 1991 For further information, please call: (512) 440-3972 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 59. Parks Park Entrance and Park User Fees 31 TAC sec.59.2, sec.59.3 The Texas Parks and Wildlife Department has withdrawn from consideration for permanent adoption a proposed amendment to sec.59.2, sec.59.3 which appeared in the February 26, 1991, issue of the Texas Register (16 TexReg 1277). The effective date of this withdrawal is July 24, 1991. Issued in Austin, Texas, on July 3, 1991. TRD-9107904 Jennifer Mellett Hearings Examiner Texas Parks and Wildlife Department Effective date: July 24, 1991 For further information, please call: (512) 389-4867 Part X. Texas Water Development Board Chapter 370. Colonia Plumbing Loan Program Inrtroductory Provisions 31 TAC sec.370.1, sec.370.2 The Texas Water Development Board has withdrawn from consideration for permanent adoption a proposed new sec.370.1, sec.370.2 which appeared in the March 1, 1991 issue of the Texas Register (16 TexReg 1351). The effective date of this withdrawal is July 5, 1991. Issued in Austin, Texas, on July 5, 1991. TRD-9108029 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: July 5, 1991 For further information, please call: (512) 463-7981 Policy Declarations 31 TAC sec.sec.370.21-370.35 The Texas Water Development Board has withdrawn from consideration for permanent adoption a proposed new sec.sec.370.21-370.35 which appeared in the March 1, 1991, issue of the Texas Register (16 TexReg 1351). The effective date of this withdrawal is July 5, 1991. Issued in Austin, Texas, on July 5, 1991. TRD-9108030 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: July 5, 1991 For further information, please call: (512) 463-7981 Applications to the Board 31 TAC sec.sec.370.41-370.43 The Texas Water Development Board has withdrawn from consideration for permanent adoption a proposed new sec.sec.370.41-370.43 which appeared in the March 1, 1991, issue of the Texas Register (16 TexReg 1351). The effective date of this withdrawal is July 5, 1991. Issued in Austin, Texas, on July 5, 1991. TRD-9108031 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: July 5, 1991 For further information, please call: (512) 463-7981 Formal Action by the Board 31 TAC sec.sec.370.51-370.53 The Texas Water Development Board has withdrawn from consideration for permanent adoption a proposed new sec.sec.370.21-370.53 which appeared in the March 1, 1991, issue of the Texas Register (16 TexReg 1351). The effective date of this withdrawal is July 5, 1991. Issued in Austin, Texas, on July 5, 1991. TRD-9108032 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: July 5, 1991 For further information, please call: (512) 463-7981 Close Out Procedures 31 TAC sec.370.61 The Texas Water Development Board has withdrawn from consideration for permanent adoption a proposed new sec.370.61 which appeared in the March 1, 1991, issue of the Texas Register (16 TexReg 1351). The effective date of this withdrawal is July 5, 1991. Issued in Austin, Texas, on July 5, 1991. TRD-9108033 Suzanne Schwartz General Counsel Texas Water Development Board Effective date: July 5, 1991 For further information, please call: (512) 463-7981 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 19. EDUCATION Part II. Texas Education Agency Chapter 75. Curriculum Subchapter A. General Provisions 19 TAC sec.75.4 The Texas Education Agency (TEA) adopts an amendment to s75.4, concerning special populations and programs, without changes to the proposed text as published in the May 10, 1991, issue of the Texas Register (16 TexReg 2572). The section is amended to place policies relating to the referral of special education students for comprehensive assessment from Chapter 89, concerning adaptations for special populations to this section. The rationale for this action is to place policies relating to special education referrals within the section of rules relating to the general overall referral system for special assistance. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, s21.721, which provides the State Board of Education with the authority to adopt rules prescribing alternatives to social promotion for students. 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 13, 1991. TRD-9107796 Thomas E. Anderson, Jr. Interim Commissioner of Education Effective date: July 22, 1991 Proposal publication date: May 10, 1991 For further information, please call: (512) 463-9701 Chapter 141. Teacher Certification Subchapter S. Testing Program Basic Skills Test Required for Admission to Teacher Education Program 19 TAC sec.141.431 The Texas Education Agency adopts new sec.141.431, concerning test security and confidential integrity, without changes to the proposed text as published in the May 10, 1991, issue of the Texas Register (16 TexReg 2572). The new section addresses the ramifications of breaching the confidentiality of any examination given for purposes related to the certification or the career advancement of teachers. The section applies to individuals who have any role or function in the design, development, validation, or administration of any examination used for these purposes. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Education Code, sec.13.316, which provides the State Board of Education with the authority to adopt rules regarding developing and administering a comprehensive master teacher examination. 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 13, 1991. TRD-9107797 Thomas E. Anderson, Jr. Interim Commissioner of Education Effective date: July 22, 1991 Proposal publication date: May 10, 1991 For further information, please call: (512) 463-9701 Tests Required for Initial Certification and/or Continued Certification 19 TAC sec.141.443 The Texas Education Agency adopts an amendment to sec.141.443, concerning master teacher examination, without changes to the proposed text as published in the May 10, 1991, issue of the Texas Register (16 TexReg 2573). The Texas Education Code, sec.13.316, requires that teachers pass written, oral, and other assessment instruments to be eligible for placement on Level IV of the Texas teacher career ladder. The amendment to sec.141.443 implements the intent of the State Board of Education to have teachers who do not pass the Texas Master Teacher Examination (TMTE) after attempting the entire examination, to be allowed to take the two sections separately. By doing so, the examinee could pass the examination by meeting the standard set for each part. However, the compensatory scoring model would only be applied if both parts are taken at a single administration of the examination. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, s13.316, which provides the State Board of Education with the authority to adopt rules regarding a comprehensive master teacher examination. 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 13, 1991. TRD-9107798 Thomas E. Anderson, Jr. Interim Commissioner of Education Effective date: July 22, 1991 Proposal publication date: May 10, 1991 For further information, please call: (512) 463-9701 Chapter 157. Hearings and Appeals Subchapter D. Hearings Concerning Handicapped Students 19 TAC sec.157.98 The Texas Education Agency (TEA) adopts an amendment to s157.98, concerning students status during proceedings, without changes to the proposed text as published in the May 10, 1991, issue of the Texas Register (16 TexReg 2573). The amendment is necessary in order to comply with a corrective action in the state plan required by the United States Department of Education Office of Special Education and Rehabilitative Services. No comments were received regarding adoption of the amendment. The amendment is adopted under Title 34 of the Code of Federal Regulations, sec.300.506, which provides the Texas Education Agency with the authority to adopt rules regarding hearings and appeals for handicapped students. 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 13, 1991. TRD-9107799 Thomas E. Anderson, Jr. Interim Commissioner of Education Texas Education Agency Effective date: July 22, 1991 Proposal publication date: May 10, 1991 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS Part XXII. Texas State Board of Public Accountancy Chapter 527. Quality Review Quality Review 22 TAC sec.527.1 The Texas State Board of Public Accountancy adopts new s527.1, concerning the systematic review of the work product of certified public accountants in Texas, without changes to the proposed text as published in the March 8, 1991, issue of the Texas Register (16 TexReg 1445). The rule serves the public by providing for a review of the work product of certified public accountants. This will enable the public to have more confidence in certified public accountants who provide accounting services. The rule establishes systematic review of the work product of certified public accountants No comments were received regarding adoption of the new section. The new section is adopted under the Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to quality review. 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-9107907 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: July 24, 1991 Proposal publication date: March 8, 1991 For further information, please call: (512) 450-7066 22 TAC sec.527.2 The Texas State Board of Public Accountancy adopts new s527.2, concerning the systematic review of the work product of certified public accountants in Texas, without changes to the proposed text as published in the March 8, 1991, issue of the Texas Register (16 TexReg 1445). This rule sets forth the purpose of the Quality Review Program which has been designated to protect the public from accountants that do not meet professional standards. This rule clarifies the purposed of the Quality Review Program and outlines the general mechanisms that the board has to assure licensees meet quality review standards. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to quality review. 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, June 25, 1991. TRD-9107908 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: July 24, 1991 Proposal publication date: March 8, 1991 For further information, please call: (512) 450-7066 22 TAC sec.527.3 The Texas State Board of Public Accountancy adopts new s527.3, concerning the systematic review of the work product of certified public accountants in Texas, without changes to the proposed text as published in the March 8, 1991, issue of the Texas Register (16 TexReg 1446). To provide the public with a clear understanding of the terms applying the Quality Review Program. This rule provides definitions to facilitate interpretation of the other rules in Chapter 527. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to quality review. 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, June 25, 1991. TRD-9107909 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: July 24, 1991 Proposal publication date: March 8, 1991 For further information, please call: (512) 450-7066 22 TAC sec.527.4 The Texas State Board of Public Accountancy adopts new s527.4, without changes to the proposed text as published in the March 8, 1991, issue of the Texas Register (16 TexReg 1446). This rule is necessary to ensure that practice units meet professional standards and to assure the credibility and integrity of financial statements. This rule specifies the requirements of the Quality Review Program regarding applicability of the program, operations, standards, oversight procedures, compensation of sponsoring organizations, qualifications of sponsoring organizations, and the effects of changes in the structure of practice units. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to quality review. 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, June 25, 1991. TRD-9107910 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: July 24, 1991 Proposal publication date: March 8, 1991 For further information, please call: (512) 450-7066 22 TAC sec.527.5 The Texas State Board of Public Accountancy adopts new s527.5, concerning the systematic review of the work product of certified public accountants in Texas, without changes to the proposed text as published in the March 8, 1991, issue of the Texas Register (16 TexReg 1447). Practice units which do not perform the regulated activities are not required to be regulated This rule permits practice units which are not performing identified functions to be exempt from the Quality Review Program by notification to the board. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to quality review. 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, June 25, 1991. TRD-9107911 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: July 24, 1991 Proposal publication date: March 8, 1991 For further information, please call: (512) 450-7066 22 TAC sec.527.6 The Texas State Board of Public Accountancy adopts new s527.6, concerning the systematic review of the work product of certified public accountants in Texas, without changes to the proposed text as published in the March 8, 1991, issue of the Texas Register (16 TexReg 1447). This rule protects the public interest by requiring that the results of quality review be reported to the board. This rule explains the procedures for reporting the results of the Quality Review Program to the board. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 41a-1 sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to quality review. sec.527.6. Reporting to the Board. (a) A practice unit which is a member of the American Institute of Certified Public Accountants Division of Firms and which has undergone a peer review performed under the auspices of the Private Companies Practice Section (PCPS) or the Securities and Exchange Commission Practice Section (SECPS) shall submit to the board a copy of the peer review report, letter of comments (LOC), letter of response (LOR), and acceptance letter. (b) For the first quality review covering a quality review year ending after January 1, 1992, a practice unit subject to quality review shall submit to the board: (1) a copy of the opinion letter, if the report on the review is unqualified; or (2) a copy of the opinion letter, the LOC, the LOR, and notice of acceptance from the sponsoring organization, if the report on the review is modified (qualified in any respect or adverse). Information submitted in accordance with this subsection shall be held confidential pursuant to the Public Accountancy Act of 1979, sec.25. (c) For a practice unit's second and subsequent quality review, including any quality review carried out on an accelerated basis as part of the corrective action taken as a result of the previous quality review, a practice unit shall submit to the board a copy of the at quality review's report (opinion), LOC, LOR, and notice of acceptance from the sponsoring organization. (d) A Texas practice unit not subjected to the peer review or quality review tests and procedures shall submit an affidavit which includes affirmation, together with the date thereof, that a firm inspection was performed which was at least as extensive as a peer or quality review required by the American Institute of Certified Public Accountants Division of Firms and that the workpapers of such inspection were reviewed and accepted as part of the peer review or quality review procedures. (e) Any report or document required to be submitted under subsection (b) or (c) of this section shall be filed with the board within 10 days of receipt of the notice of acceptance by the sponsoring organization. (f) Any document submitted to the board under subsection (b) or (c) of this section after review by the Quality Review Committee shall either be promptly destroyed by the board's staff, or at the instruction of the committee submitted to the enforcement staff for opening a complaint file relative to such submission. 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, June 25, 1991. TRD-9107912 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: July 24, 1991 Proposal publication date: March 8, 1991 For further information, please call: (512) 450-7066 22 TAC sec.527.7 The Texas State Board of Public Accountancy adopts new s527.7, concerning the systematic review of the work product of certified public accountants in Texas, without changes to the proposed text as published in the March 8, 1991, issue of the Texas Register (16 TexReg 1448). Documentation is needed to verify appropriate evaluations. The rule requires that sponsoring quality review programs retain relevant documents for six months or after completion of a review, and that the Division of Firms Program retain relevant documents for at least 90 days after completion of a review. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 41a-1 sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to quality review. sec.527.7. Retention of Documents Relating to Quality Reviews. (a) Each quality reviewer shall maintain in his, her, or its files all documentation necessary to establish that each quality review performed by him, her, or it conformed to the quality review standards adopted by the board, including the quality review working papers, copies of the quality review report, any comment letters, and any correspondence indicating the practice unit's concurrence, non-concurrence, and any proposed remedial actions and any related implementation. (b) The documents described in subsection (a) of this section shall be retained in the quality reviewer's office for a period of time corresponding to the retention period of the relevant sponsoring organization, and upon request of the Quality Review Oversight Board, shall be made available to it. In no event shall the retention period be less than six months for a quality review program and 90 days for the Division of Firms Program from the date of acceptance of the review by the sponsoring organization. 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, June 25, 1991. TRD-9107913 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: July 24, 1991 Proposal publication date: March 8, 1991 For further information, please call: (512) 450-7066 TITLE 28. INSURANCE Part I. State Board of Insurance Chapter 9. Title Insurance Subchapter A. Basic Manual of Rules, Rates, and Forms for the Writing of Title Insurance in the State of Texas 28 TAC sec.9.11 The State Board of Insurance adopts new sec.9.11, concerning title insurance with changes to the proposed text as published in the April 9, 1991, issue of the Texas Register (16 TexReg 2047). Section 9.11 concerns the adoption by reference of certain amendments to the Basic Manual of Rules, Rates, and Forms for the Writing of Title Insurance in the State of Texas (the manual). The new section is necessary to reflect amendments to the manual, which the section adopts by reference. The amendments to the manual are necessary to facilitate the administration of regulation of title insurance in this state by adopting new rules and forms and by modifying or replacing currently existing rules and forms. The amendments to the manual will produce clarification and standardization of rules and forms in the regulation of title insurance, will produce an increase in the availability of title insurance coverage to the consumer, and will produce the adjustment of division of premium revenues from title insurance policies in accordance with current economic conditions. Adoption of the new section includes a change to reflect the new address of the State Board of Insurance. New sec.9.11 incorporates by reference certain amendments to the manual which the board considered as individual agenda items at a public hearing on December 10 and 11, 1990, during the annual hearing of the State Board of Insurance on rules concerning title insurance. The amendments to the manual modify existing promulgated rate rules and add or expand other rules and forms. Agenda Item 90-4 amends Procedural Rule P-23 to include the experience of direct operations of a title insurance company with the experience of all affiliated and unaffiliated agents and to establish the division of premium as the same for all affiliated agents, unaffiliated agents, and direct operations. The amendment to Procedural Rule P-23 further provides that, during 1991 and thereafter until changed by the board, the division of premiums shall be 19% to title insurance companies and 81% to title insurance agents, and provides that all assessment recoupment charges authorized and approved by the board shall be apportioned only to certain underwriters, pursuant to other orders and rules of the board, and not pursuant to Rule P-23. Agenda Item 90-5 amends Rate Rule R-5 by increasing the premium charged for a simultaneously issued owner or mortgagee policy to $100. Agenda Item 90-8 amends Section 3 of the Facultative Reinsurance Agreement by adopting recent changes to the ALTA reinsurance agreement form. Agenda Item 90-9 amends the Certificate of Title (USA) form, and adds a new Procedural Rule P-15 (replacing former P-15 which was withdrawn July 1, 1979). The new Procedural Rule P-15 provides for a commitment for title insurance to, or for the benefit of, the Federal Deposit Insurance Corporation, Office of Thrift Supervision, or Resolution Trust Corporation, and authorizes a premium charge as provided in new Rate Rule R-25. New Rate Rule R-25 provides a premium charge equal to the premium for a $25,000 policy as set in the promulgated basic rate schedule. Agenda Item 90-9 also amends Rate Rule R-12 to provide that Rate Rule R-12 would not apply to any commitment for title insurance issued pursuant to Rate Rule R-23 or Rate Rule R-25. Agenda Item 90-10 adopts new Endorsement Form T-39 as a balloon mortgage endorsement, amends Procedural Rule P-9 by adding paragraph (10) authorizing a balloon mortgage endorsement, and amends Rate Rule R-11 by adding new paragraph (h) authorizing a balloon mortgage endorsement premium of $25 if issued at the time of the issuance of a mortgagee policy, or $50 if issued subsequent to the issuance of a mortgagee policy. Agenda Item 90-11 amends Procedural Rule P-4 to require deletion of the entire restrictive covenants exception when an examination does not disclose applicable or enforceable restrictive covenants, or to cite specific recording reference when such restrictive covenants are disclosed. Agenda Item 90-11 also amends the current and proposed Owner Policy, Form T-1, and the Mortgagee Policy, Form T-2, and the Mortgagee Title Policy Binder on Interim Construction Loan, Form T-13, and the Commitment for Title Insurance, to correspond to amended Procedural Rule P-4. Agenda Item 90-16 adopts new Procedural Rule P-34 to provide that, if an agent or direct operation uses escrow funds for payment of operating or personal expenses or shows a pattern of failure to comply with minimum escrow accounting procedures and internal controls, the agent or direct operation shall be considered as demonstrating actions that may subject the agent or direct operation to the penalties set forth in the Insurance Code, Article 9.37. Agenda Item 90-17 amends the "Minimum Escrow Accounting Procedures and Internal Controls" and the "Specific Areas and Procedures" of the manual to require three-way reconciliation monthly of bank balance, book balance, and escrow trial balance; documentation of transfers of funds between GF files in all relevant files; display of related GF files numbers on all escrow checks, deposit tickets, or supporting records; maintenance of a complete and current disbursement sheet and invoices in each GF file, with any remaining balances indicated on the disbursement sheet; and reimbursement of escrow receivables and shortages by the appropriate party or from the company's operating account within 45 days from the closing date of the bank statement showing the transaction creating the escrow receivables or shortages. Agenda Item 90-18 amends the "Minimum Standards of Audit of Trust Funds Required of Texas Title Insurance Agents and Title Attorneys" in the manual to include the guaranty assessment recoupment charge escrow account within the scope of the annual escrow audit report. Agenda Item 90-19 adopts new Procedural Rule P-35 to provide that no title insurance company, agent, direct operation, or escrow officer, and no employee, officer, director, or agent of such entities shall issue any form of guaranty, affirmation, or indemnification, or certification of any fact, coverage, or conclusion of law, to any insured or party to a transaction other than a statement that a transaction has closed or been funded, issuance of an insured closing service letter or other board promulgated form, or certification of document copies. Agenda Item 90-20 adopts new Administrative Rule D-1 to establish mandatory requirements for ceasing operations by title insurance agents and direct operations, including notice requirements, audit and accounting requirements, and transfer of files and accounts, and adopts new Administrative Rule Form Ti-100, Notice of Cessation of Business, to provide the notice required by Rule D-1. Agenda Item 90-22 amends Procedural Rule P-28 to clarify that continuing education requirements apply to individual licenses being renewed, unless exempt, to delete financial hardship as a good cause for noncompliance or for extension, and to add new paragraph 6.b. requiring licensees to make or obtain sufficient copies of certifications for each license renewal submission. New Procedural Rule P-28.6.b. provides that a certification of completion is valid to renew multiple licenses if occurring within the renewal period of each license. No comments were received regarding adoption of the new section. The new section is adopted under the Insurance Code, Articles 1.04, 9.07, 9. 21, and 9.30, and Texas Civil Statutes, Article 6252- 13a, sec.4 and sec.5. The Insurance Code, Article 1.04, authorizes the State Board of Insurance to determine policy and rules. The Insurance Code, Article 9.07, authorizes and requires the board to fix and promulgate the premium rates to be charged by title insurance companies and title insurance agents, to promulgate or approve forms for policies of title insurance, to require title insurance companies and agents to submit information material for the board's consideration, and otherwise to provide for the regulation of the business of title insurance. The Insurance Code, Article 9.21, authorizes the board to promulgate and enforce rules and regulations prescribing underwriting standards and practices, and to promulgate and enforce all other rules and regulations necessary to accomplish the purposes of the Insurance Code, Chapter 9, concerning regulation of title insurance. The Insurance Code, Article 9.30, prohibits rebates and discounts and provides for division of premiums between title insurance companies and title insurance agents as shall be set by the State Board of Insurance. Texas Civil Statutes, Article 6252-13a, s4, authorize and require each state agency to adopt rules of practice setting forth the nature and requirements of available procedures. Section 5 of that Article prescribes the procedure for adoption of rules by a state administrative agency. sec.9.11. Amendments to the Basic Manual of Rules, Rates, and Forms for the Writing of Title Insurance in the State of Texas from the Annual Consideration of Possible Amendments in Public Hearing on December 10 and 11, 1990. In addition to material adopted by reference under sec.9.1 of this title (relating to Basic Manual of Rules, Rates, and Forms for the Writing of Title Insurance in the State of Texas) (the manual), the State Board of Insurance adopts by reference, as part of the manual, amendments and changes approved at a public hearing on December 10 and 11, 1990, as Agenda Items 90-4, 90-5, 90-8, 90-9, 90-10, 90-11, 90-16, 90-17, 90-18, 90-19, 90-20, and 90-22. These documents are published by and are available from Hart Forms and Services, 11500 Metric Boulevard, Austin, Texas 78758, and are available from and on file at the Title Insurance Section, Mail Code 012-7, State Board of Insurance, William P. Hobby State Office Building, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. 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 July 3, 1991. TRD-9107946 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: July 24, 1991 Proposal publication date: April 9, 1991 For further information, please call: (512) 463-6327 Part II. Texas Workers' Compensation Commission Chapter 134. Guidelines for Medical Services, Charges, and Payments Subchapter A. Medical Policies 28 TAC sec.134.2 The Texas Workers' Compensation Commission adopts new sec.134.2, concerning an insurance carrier's responsibility to respond for requests by the commission for certain medical records of an injured worker, with a minor grammatical change to the proposed text as published in the April 23, 1991, issue of the Texas Register (16 TexReg 2272). The section is necessary to clarify the duties of the carrier when such request is made. New sec.134.2 states that an insurance carrier shall submit medical reports or other documents to the commission within five days after a request. The section describes that administrative penalties that may be applied to a carrier who fails to timely submit the requested information without good cause. The commission has changed the word "submitting" before "requested information" to "that submits," in the second sentence, for purposes of parallel construction. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 8303-2.09(a), which authorizes the commission to adopt rules to implement and enforce the Texas Workers' Compensation Act, Article 8303-1.01 et seq. sec.134.2. Insurance Carrier Responsibility To Submit Medical Reports. An insurance carrier shall submit all medical reports and other documentation in its possession to the commission within five days of request from the commission. A carrier that fails to submit requested information or that submits requested information late without good cause may be assessed an administrative penalty under the Texas Workers' Compensation Act, ssec.8.04, 10. 07(b)(22), and 10.21. 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 July 5, 1991. TRD-9108050 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Effective date: July 26, 1991 Proposal publication date: April 23, 1991 For further information, please call: (512) 440-3973 28 TAC sec.134.4 The Texas Workers' Compensation Commission adopts new sec.134.4, concerning definition of "consulting doctor", as used in the commissions's rules in this title, with changes to the proposed text as published in the April, 23, 1991, issue of the Texas Register (16 TexReg 2272). New sec.134.4 states that a consulting doctor is a licensed doctor who examines an injured employee, or reviews his or her medical record, at the request of that employee's treating doctor (who is the primary doctor in charge of the employee's health care treatment). The section states that the purpose of the consulting doctor's examination is to evaluate the accuracy of the diagnosis and the appropriateness of the treatment rendered to an injured employee. The section states that the consulting doctor may not make referrals without the approval of the treating doctor, except as provided in sec.133.3(b) of this title (relating to Responsibilities of the Treating Doctor). The section also provides that a consulting doctor who delivers health care to the injured worker at the request of the treating doctor shall become a "referred doctor." No comments were received regarding adoption of the new section. The commission made clarifying changes to the second sentence of the proposal in order to more clearly describe the tools of the consulting doctor. The new section is adopted under Texas Civil Statutes, Article 8303-2.09(a), which authorizes the commission to adopt rules to implement and enforce the Texas Workers' Compensation Act, Article 8303-1.01 et seq. sec.134.4. Definition of Consulting Doctor. A consulting doctor, for purposes of this title, is a licensed doctor who examines an injured employee, or the employee's medical record because of a request from the treating doctor as described in the Texas Workers' Compensation Act, sec.4.64(1). The purpose of the consulting doctor's examination is to evaluate the accuracy of the diagnosis and appropriateness of the treatment of the injured worker. when the consulting doctor delivers health care to the injured worker pertaining to the compensable injury or illness at the request of the treating doctor, the consulting doctor becomes a referred doctor. Except as provided in sec.133.3(b) of this title (relating to Responsibilities of Treating Doctor) the consulting doctor shall not make referrals without the approval of the treating doctor. 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 July 5, 1991. TRD-9108051 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Effective date: July 26, 1991 Proposal publication date: April 23, 1991 For further information, please call: (512) 440-3973 TITLE 34. PUBLIC FINANCE Part V. Texas County and District Retirement System Chapter 107. Miscellaneous Rules 34 TAC sec.107.2 The Texas County and District Retirement System adopts new sec.107.2, without changes to the proposed text as published in the May 28, 1991, issue of the Texas Register (16 TexReg 2947). The new section is adopted to reduce the number of checks that the agency must issue as the result of the death of a member or annuitant. Payment of benefits as the result of the death of a member or annuitant shall not be made to more than three persons or entities, except where a qualified domestics relations order has been approved by the system. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Government Code, sec.845.102, which provides the board of trustees of the Texas County and District Retirement System with the authority to adopt rules necessary or desirable for effective administration of the system. 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 July 1, 1991. TRD-9107789 J. Robert Brown Director Texas County and District Retirement System Effective date: August 1, 1991 Proposal publication date: May 28, 1991 For further information, please call: (512) 476-6651 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 3. Income Assistance Services Subchapter G. Resources 40 TAC sec.3.704 The Texas Department of Human Services (DHS) adopts amendments to sec.3.704 and sec.3.902, concerning types of resources and income that are excluded in the Aid to Families with Dependent Children (AFDC), Food Stamp, and Medicaid Programs. The justification for the amendments is to comply with the Omnibus Budget Reconciliation Act of 1990. The amendment to sec.3.704 will function by excluding earned income credits (EIC) as resources for the month in which the payments are received and the following month in determining eligibility for the AFDC, Food Stamp, and Medicaid programs. The amendment to sec.3.902 will function by excluding EIC payments as income in determining eligibility for these programs. Federal regulations referenced in sec.3.704(d) and sec.3.902(d) were comparably amended to make the same changes for the Food Stamp Program. This policy change affects the Medicaid Program since the Medicaid Program rules reference AFDC Program rules policy. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 31, which provides the department with the authority to administer public and financial assistance programs. The amendments are adopted under federal requirements to be effective January 1, 1991. sec.3.704. Types. (a) (No change.) (b) Aid to families with dependent children. Exclusions from resources in AFDC are: (1)-(5) (No change.) (6) earned income credits (EIC). EIC payments are exempt for the month the payment is received and for the following month. (7) prepaid burial insurance. DHS exempts one prepaid burial insurance policy, prepaid funeral plan, or prepaid funeral agreement with a cash value of $1,500 or less for each member of the certified group. (8) personal possessions. DHS exempts personal possessions such as clothing, jewelry, furniture, livestock, and farm equipment, if used to meet personal needs essential for daily living. (9) resources of an alien's sponsor. DHS determines the sponsor's countable resources in the same manner as the applicant's. DHS reduces the total value of the sponsor's resources by $1,500 and considers the remainder available to the alien. (10) resources exempted by federal law. DHS exempts government payments by the Individual and Family Grant Program or the Small Business Administration provided to rebuild a home or replace personal possessions damaged in a disaster, if the household is subject to legal sanction if the funds are not used as intended. DHS exempts payments made under the following Acts: (A) Alaska Native Claims Settlement Act; (B) Sac and Fox Indian Claims Agreement; (C) Grand River Band of Ottawa Indians; (D) Passamagoddy Tribe and the Penobscot Nation received according to the Maine Indian Claims Settlement Act of 1980; (E) Confederated Tribes and Bands of the Yakima Indian National and the Apache Tribe of the Mescalero Reservation received from the Indian Claims Commission; (F) DHS exempts payments from Indian lands held jointly with the tribe or land that can be sold only with approval of the Bureau of Indian Affairs; (G) DHS exempts reimbursements from the Uniform Relocation Assistance and Real Properties Acquisition Policy Act of 1970; (H) DHS exempts payments or allowances made under any federal law for the purpose of energy assistance. (11) DHS exempts the value of one vehicle owned and used by the certified group for transportation if the equity is less than $1,500. If the equity exceeds $1,500, DHS counts the excess as a resource. DHS counts the equity of all other vehicles. (c)-(d) (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 July 8, 1991. TRD-9108074 Nancy Murphy Agency liaison, Policy and Document Support Section Texas Department of Human Services Effective date: January 1, 1991 For further information, please call: (512) 450-3765 Subchapter I. Income 40 TAC sec.3.902 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 31, which provides the department with the authority to administer public and financial assistance programs. The amendment is adopted under federal requirements to be effective January 1, 1991. sec.3.902. Types. (a) Aid to families with dependent children. DHS counts the following as income: (1)-(8) (No change.) (9) government-sponsored programs; (10) interest, dividends, royalties; (11) job training payments that duplicate assistance provided under the AFDC needs standard; (12) noneducational grants as stipulated in 45 Code of Federal Regulations, sec.233.20(a)(3)(iv)(B); (13) nonrecurring lump sum payments. DHS counts lump sum payments as income as stipulated in 45 Code of Federal Regulations, sec.233.20(a)(3)(ii)(F) except when shortening the period of ineligibility. For this procedure DHS shortens the ineligibility period only if: (A) the lump sum becomes unavailable because it is lost, stolen, or become inaccessible to the certified group; or (B) the family faces a life-threatening situation. Life threatening is defined as dire financial need. The family has dire financial need if the amount remaining from the lump sum payment, plus other countable net income and resources, are less than the budgetary needs figure for the family's size. The family must prove that the lump sum payment was or will be spent on the items included in the department's standard of need (excluding recreation), medical expenses, or both; (14) military pay and allowances. DHS counts military pay and allowances for quarters, housing, food, base, and flight pay. (15) minor parent income. DHS counts the earned or unearned income of a minor parent; (16) disqualified legal parent. DHS counts the income of a disqualified legal parent; (17) pensions; (18) retirement, survivors, and disability insurance (RSDI); (19) reimbursement. DHS counts reimbursements as income unless the reimbursement is irregular and unpredictable or the reimbursement is for a special item not included in DHS's standard of need; (20) retirement benefits; (21) royalties; (22) self-employment income. DHS counts self-employment income according to requirements in 45 Code of Federal Regulations, sec.233.20(a)(6)(v)(B); (23) stepparents. DHS counts stepparents' income according to requirements in 45 Code of Federal Regulations, sec.233.20(a)(3)(xiv); (24) trust funds. DHS counts as income trust withdrawals or dividends which could be received by the applicant; (25) unemployment compensation; (26) veterans' benefits. DHS counts veterans' benefits as income but exempts benefits that meet a special need not included in DHS's standard of need; (27) wages, salaries, and commissions received in cash or in kind; (28) worker's compensation. DHS exempts any amount of the benefits that is for payment of medical expenses incurred before Medicaid eligibility began in the client uses the benefit to pay these expenses. (b) Aid to families with dependent children. Exclusions from income for AFDC are: (1)-(2) (No change.) (3) earned income credits. DHS exempts this income in the 185%, 100%, and recognizable needs tests. (4)-(17) (No change.) (c)-(d) (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 July 8, 1991. TRD-9108075 Nancy Murphy Agency liaison, Policy and Document Support Section Texas Department of Human Services Effective date: January 1, 1991 For further information, please call: (512) 450-3765 Chapter 11. Food Distribution and Processing Food Distribution Program 40 TAC sec.11.107 The Texas Department of Human Services (DHS) adopts an amendment to sec.11. 107, concerning warehousing and distribution of donated foods, without changes to the proposed text as published in the May 24, 1991, issue of the Texas Register (16 TexReg 2869). The purpose of the amendment is to update the regulation citation related to this topic. The section will function by including the current federal regulation citation in the rule. No comments were received regarding adoption of the amendment. The amendment is adopted 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. 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 July 3, 1991. TRD-9107914 Nancy Murphy Agency liaison, Policy and Document Support Section Texas Department of Human Services Effective date: August 1, 1991 Proposal publication date: May 14, 1991 For further information, please call: (512) 450-3765 Chapter 29. Purchased Health Services Subchapter C. Rehabilitative Services for Persons with Mental Illness 40 TAC sec.sec.29.201-29.207 The Texas Department of Human Services (DHS) adopts new ssec.29.201-29.207, concerning rehabilitative services for persons with mental illness. Section 29. 201 and sec.29.202 are adopted with changes to the proposed text as published in the May 17, 1991, issue of the Texas Register (16 TexReg 2718). Sections 29.203-29.207 are adopted without changes and will not be republished. The purpose of the new sections is to establish rules for rehabilitative services for persons with mental illness for which the state is now eligible for reimbursement from the federal government. The sections will function by including a description of the services, eligibility requirements, reimbursement methodology, and client and provider rights. One comment was received from the Texas Department of Mental Health and Mental Retardation. The comment and DHS's response follow: Comment-The commenter recommended that in the last sentence under sec.29. 202(5) the term "service record" be substituted for "plan of care." The commenter noted that a plan of care is a prescription for services and, as such, should not be amended retroactively. Instead, the service record should be documented to note services delivered outside of the plan of care. Response-DHS agrees with the comment and has added the change in terminology. Also, DHS has added a sentence to clarify that the need for rehabilitative services must be prescribed in the individual's plan of care. In addition to changes resulting from the comment from TDHMHMR, DHS is adopting sec.29.201 with changes to the definition of professional to correct statutory citations. The new sections are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. sec.29.201. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Collateral-A person, other than an employee or contractor of the provider agency, whose relationship and involvement with the eligible individual is important to the eligible individual's participation in needed rehabilitative mental health services. This includes the parent, foster parent, or guardian of a minor child who is receiving rehabilitative services. Direct contact -A face-to-face or telephone interaction between a qualified mental health professional/paraprofessional and one or more eligible individuals or one or more collaterals of an eligible individual. Direct time-Time spent by a qualified mental health professional/paraprofessional in direct contact with one or more eligible individuals/collaterals, plus any time spent traveling to or from the off-site location of an eligible individual or collateral in order to provide a face-to-face rehabilitative service. Travel time necessary to provide a rehabilitative service is included in and reported as part of the total amount of direct time recorded for a particular service event; it is not reported separately. Institution for mental diseases (IMD)-A hospital, nursing facility, or other institution of more than 16 beds, that is primarily engaged in providing diagnosis, treatment, or care of persons with mental illnesses, including medical attention, nursing care, and related services. Paraprofessional-All staff providing direct care, other than those designated as qualified mental health professionals, who have received training appropriate to their area of responsibility, including, but not limited to, training in the concept of mental illness; verbal and physical intervention techniques for management of aggressive behavior; infection control; crisis resolution procedures; confidentiality; rights protection and reporting of violations; client abuse and neglect reporting; and, basic pharmacology, including the recognition, reporting, and recording of side effects of psychotropic medications. The work of all qualified mental health paraprofessionals is supervised by qualified mental health professionals. Professional-A qualified mental health professional includes: (A) an individual who qualifies as a physician, licensed by the Texas State Board of Medical Examiners as defined in Texas Civil Statutes, Article 4495b and Texas Administrative Code, Title 22, Chapter 163, sec.sec.1 through 9; (B) an individual who: (i) is a licensed or certified psychologist, or psychological associate as defined in Texas Civil Statutes, Article 4512c; (ii) is a licensed or certified psychologist, or psychological associate as defined in Texas Administrative Code, Title 22, Part XXI, Chapters 461 through 473. (iii) is eligible for licensure or certification as a psychologist, or psychological associate, by virtue of his having qualifications equivalent to those of persons currently licensed or certified under the statutes cited in clause (i) or (ii) of this subparagraph; (C) a licensed professional counselor as defined in: (i) Texas Civil Statutes, Article 4512g; or (ii) Texas Administrative Code, Title 22, Chapter 681; (D) an advanced clinical practitioner with or without private practice recognition; certified social worker; social worker, or social worker associate, as defined in the Human Resources Code, sec.sec.50.001-50.034, or persons eligible for such certification by virtue of their having qualifications equivalent to those of persons currently certified under the Human Resources Code, sec.sec.50.001-50.034; (E) a registered nurse as defined in: (i) Texas Civil Statutes, Article 4518; or (ii) Texas Administrative Code, Title 22, Chapter 217; (F) for services provided to persons with alcohol and other drug abuse disorders, a qualified mental health professional which also includes a certified alcohol and drug abuse counselor (CADAC), as defined by the Texas Association of Alcohol and Drug Abuse Counselors; (G) an individual having education, experience, and demonstrated competence, as defined in clauses (i)-(iii) of this subparagraph (except that one year of human services-related experience may be substituted for each year of the required education): (i) a bachelor's degree in a human services-related field; (ii) an associate degree in a health services-related field and three years' experience in mental health services; or (iii) five years' experience in mental health services. Vocational services -Services related to the preparation of an individual for employment including training in job-specific skills, job development, placement, and coaching. Vocational services are not reimbursable as a rehabilitative service. sec.29.202. Eligible Individuals. To be eligible for Medicaid reimbursement of rehabilitative services under this section, individuals, regardless of age, must: (1) be diagnosed as having a single severe mental disorder, excluding mental retardation or a combination of severe mental disorders, as defined in the latest edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders; (2) be enrolled as a Medicaid recipient; (3) be residing in a living arrangement other than an institution for mental diseases as defined under sec.29.201 of this title (relating to Definitions), and, in the absence of these services, be at risk of institutionalization; or, if residing in a nursing facility, have been determined to require specialized services by the Texas Department of Mental Health and Mental Retardation through a preadmission screening and annual resident review assessment; (4) not be a patient in a general hospital at the time the rehabilitative services are provided; and (5) have a plan of care, developed by a Medicaid-enrolled provider, that specifies rehabilitative services as necessary to ameliorate the effects of the individual's mental illness(es); or require rehabilitative services on a limited basis as part of the development of an initial plan of care, or require rehabilitative services of an emergency nature that precede the development of a plan of care or depart from the existing plan of care in terms of need, scheduling, frequency, or duration. Services provided prior to or outside of the plan of care must be documented as quickly as possible in the service record and before billing for such services. The need for such care must be precribed in the plan of care. 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 July 8, 1991. TRD-9108076 Nancy Murphy Agency liaison, Policy and Document Support Section Texas Department of Human Services Effective date: August 1, 1991 Proposal publication date: May 17, 1991 For further information, please call: (512) 450-3765 Subchapter Y. Federally Qualified Health Center Services 40 TAC sec.29.2401 The Texas Department of Human Services (DHS) adopts an amendment to sec.29. 2401, concerning benefits and limitations, without changes to the proposed text as published in the May 14, 1991, issue of the Texas Register (16 TexReg 2658). The amendment is justified because it provides additional access to care for the Medicaid-eligible population by increasing services to "patients of FQHC" rather than "at the FQHC." The amendment will function by specifying the services that a federally qualified health center (FQHC) is to furnish to a person who is a "patient of the FQHC." The amendment will also function by authorizing off-site services, such as those furnished to a person in his home or to an inpatient of an acute care hospital or nursing facility, if the physician's agreement requires that the patient seek compensation from the FQHC. These changes are required by the Omnibus Reconciliation Act of 1990, sec.4704(c), which amended sec.1905(1) and (2) of the Act. Also, the department clarified that the state survey agency will determine if a shortage of home health agencies exist; and, if so, homebound individuals are eligible for visiting nurse services. No comments were received regarding adoption of the amendment. The amendment is 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 July 3, 1991. TRD-9107915 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: July 24, 1991 Proposal publication date: May 14, 1991 For further information, please call: (512) 450-3765 Part VI. Texas Commission on Human Rights Chapter 327. Administrative Review 40 TAC sec.327.1 The Texas Commission on Human Rights adopts an amendment to sec.327.1, with changes to the proposed text as published in the May 7, 1991, issue of the Texas Register (16 TexReg 2520). The amendment is for the purpose of curing technical defects or omissions including verification of the complaint and to clarify and amplify allegations made therein. This is a procedure implemented to clarify that the commission has the authority to amend complaints after 180 days from the date of an alleged violation of the Texas Commission on Human Rights Act based on an initial timely filed complaint. The addition on the word "filed" in the first sentence for clarification as recommended by the assistant attorney general, acting as legal counsel for the Texas Commission on Human Rights, was the only clarification made. The amendment is adopted under the Texas Commission on Human Rights Act, Article 5221k, Texas Civil Statutes, Article 3, s3.02(10), which provides the Texas Commission on Human Rights with the authority to adopt, issue, amend, and rescind procedural rules to carry out the purposes and policies of this Act. sec.327.1. Filing Complaint. (a)-(j) (No change.) (k) If a complaint as referenced in the subsection (c) of this section is filed within 180 days after the date the alleged unlawful employment practice occurred, it may be amended in accordance with subsection (g) of this section to comply with the definition of a complaint as referenced in sec.321.1 of this title (relating to Definitions). If the complaint is not amended within 180 days after the date the alleged unlawful employment practice occurred, the amended complaint shall relate back to the date the original complaint was filed as required by subsection (e) of this section. 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 July 1, 1991. TRD-9107807 William M. Hale Executive Director Texas Commission on Human Rights Effective date: July 22, 1991 Proposal publication date: May 7, 1991 For further information, please call: (512) 837-8534 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 Agriculture Thursday, July 11, 1991, 8:30 a.m. (rescheduled from July 1, 1991). The Texas Agricultural Finance Authority of the Texas Department of Agriculture met at the Texas Department of Agriculture, 1700 North Congress Avenue, Stephen F. Austin Building, Ninth Floor Conference Room, Austin. According to the agenda summary, the authority discussed and acted on minutes of June 14, 1991 meeting; heard report on Attorney General's opinion request; staff report on commercial paper notes; adoption of TAFA/TDA seal; report on policies and procedures for providing financial assistance; report on reimbursement of travel expenses and discussion on other business. Contact: Dick Waterfield, P.O. Box 12847, Austin, Texas 78711, (512) 475-1614. Filed: July 3, 1991, 1:51 p.m. TRD-9107949 Thursday, July 11, 1991, 9:30 a.m. (rescheduled from July 1, 1991). The Texas Agricultural Finance Authority of the Texas Department of Agriculture met at the Texas Department of Agriculture, 1700 North Congress Avenue, Stephen F. Austin Building, Ninth Floor Conference Room, Austin. According to the revised agenda summary, the authority discussed and acted on minutes of June 14, 1991 meeting; heard report on Attorney General's opinion request; staff report on commercial paper notes; adoption of TAFA/TDA seal; report on policies and procedures for providing financial assistance; report on reimbursement of travel expenses and discussion on other business. Contact: Dick Waterfield, P.O. Box 12847, Austin, Texas 78711, (512) 475-1614. Filed: July 3, 1991, 3:46 p.m. TRD-9108974 Tuesday, July 16, 1991, 1:30 p.m. The Imported Fire Ant Advisory Board of the Texas Department of Agriculture will meet at the Texas Department of Agriculture, 1700 North Congress Avenue, Stephen F. Austin Building, Ninth Floor Conference Room, Austin. According to the agenda summary, the board will approve minutes; hear opening statements; introduction of members; review research plans for University of Texas, Texas A&M, Texas Tech; discussion and action on new ideas on research and funding for imported fire ants; discussion of potential projects; presentation on reimbursement procedures; and set date for next meeting. Contact: David Davis, P.O. Box 12847, Austin, Texas 78711, (512) 463-0709. Filed: July 3, 1991, 1:52 p.m. TRD-9107950 Wednesday, July 24, 1991, 10 a.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, 122 Heimann Street, First Floor, San Antonio. According to the agenda, the department will conduct an administrative hearing to review: alleged violation of Texas Agriculture Code Annotated sec.103.001 et seq (Vernon) by Farmers Wholesale Produce as petitioned by Kitchen Produce Mushroom Farms, Inc. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: July 2, 1991, 10:40 a.m. TRD-9107865 Wednesday, July 24, 1991, 1 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, 122 Heimann Street, First Floor, San Antonio. According to the agenda, the department will conduct an administrative hearing to review: alleged violation of Texas Agriculture Code sec.103.001, et seq (Vernon) by Henry J. Berry Company as petitioned by Ben Roming. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: July 2, 1991, 10:40 a.m. TRD-9107864 Wednesday, July 24, 1991, 2 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, 122 Heimann Street, First Floor, San Antonio. According to the agenda, the department will conduct an administrative hearing to review: alleged violation of Texas Agriculture Code sec.103.001 et seq (Vernon) by Guajarado & Sons Produce Company as petitioned by J. S. McManus Produce. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: July 2, 1991, 10:39 a.m. TRD-9107863 Wednesday, July 24, 1991, 3 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, 122 Heimann Street, First Floor, San Antonio. According to the agenda, the department will conduct an administrative hearing to review: alleged violation of Texas Agriculture Code Annotated sec.103.001 et seq (Vernon) by Delta Produce Marketing as petitioned by J.A.V. Ag. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: July 2, 1991, 10:39 a.m. TRD-9107862 Wednesday, August 7, 1991, 9 a.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, Regal Tech Center, 1720 Regal Row, Suite 118, Dallas. According to the agenda, the department will conduct an administrative hearing to review: alleged violation of Texas Agriculture Code Annotated sec.103.001 et seq (Vernon) by Affiliated Food Stores, Inc. as petitioned by Chaparral Fruit Sales, Inc. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: July 2, 1991, 10:39 a.m. TRD-9107861 Wednesday, August 7, 1991, 10 a.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, Regal Tech Center, 1720 Regal Row, Suite 118, Dallas. According to the agenda, the department will conduct an administrative hearing to review: alleged violation of Texas Agriculture Code Annotated sec.103.001 et seq (Vernon) by Affiliated Food Stores, Inc. as petitioned by David Comstock. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: July 2, 1991, 10:39 a.m. TRD-9107860 Wednesday, August 7, 1991, 1 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture District Office, Regal Tech Center, 1720 Regal Row, Suite 118, Dallas. According to the agenda, the department will conduct an administrative hearing to review: alleged violation of Texas Agriculture Code Annotated sec.103.001 et seq (Vernon) by Mushroom, Inc., as petitioned by Kitchen Pride Mushroom Farms, Inc. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: July 2, 1991, 10:38 a.m. TRD-9107859 State Aircraft Pooling Board Monday, July 8, 1991, 2 p.m. The State Aircraft Pooling Board met at 4900 Old Manor Road, Austin. According to the complete agenda, the board determined the status of interagency contract IAC (90-91) 1074. The emergency status was necessary because the request for the meeting by the board chair of another state agency could not be foreseen. Contact: Gladys Alexander, 4900 Old Manor Road, Austin, Texas 78723, (512) 477-8900. Filed: July 3, 1991, 10:03 a.m. TRD-9107925 Monday, July 8, 1991, 2 p.m. The State Aircraft Pooling Board met at 4900 Old Manor Road, Austin. According to the emergency revised agenda summary, the board called the meeting to order; made introductions; determined the status of interagency contract IAC (90-91) 1074; discussed personnel matter; and final adjournment. The emergency status was necessary as personnel matters needed to be addressed. Contact: Gladys Alexander, 4900 Old Manor Road, Austin, Texas 78723, (512) 477-8900. Filed: July 8, 1991, 11:22 a.m. TRD-9108095 Texas Commission on Alcohol and Drug Abuse Friday, July 19, 1991, 9 a.m. (rescheduled from July 11, 1991, 9:30 a.m. ) the Grant and Contract Review Committee of Texas Commission on Alcohol and Drug Abuse will meet at 8th Floor Conference Room, Perry Brooks Building, 720 Brazos Street, Austin. According to the agenda, the commission will deliberate and make determination of final funding decisions on eligible applications received through the Comprehensive Alcohol and Drug Abuse Services Request for Proposals. Contact: Reta Alexander, 720 Brazos Street, Suite 403, Austin, Texas 78701-2506, (512) 867-8700. Filed: July 5, 1991, 11:02 a.m. TRD-9108014 Texas Animal Health Commission Friday, July 19, 1991, 8 a.m. The Committee on Regulation Rewrite of the Texas Animal Health Commission will meet at 210 Barton Springs Road, Executive Offices, Austin. According to the agenda summary, the committee will discuss rewriting rules for veterinary biologics, markets, screwworms and anthrax. Contact: Jo Anne Conner, 210 Barton Springs Road, Austin, Texas 78704, (512) 479-6697. Filed: July 8, 1991, 11:06 a.m. TRD-9108092 Friday, July 19, 1991, 8 a.m. The Committee to Supervise Duties of Internal Auditor of the Texas Animal Health Commission will meet at 210 Barton Springs Road, First Floor Conference Room, Austin. According to the agenda summary, the committee will discuss Internal Auditor's original report and recommendations presented to commission. Contact: Jo Anne Conner, 210 Barton Springs Road, Austin, Texas 78704, (512) 479-6697. Filed: July 8, 1991, 11:06 a.m. TRD-9108091 Friday, July 19, 1991, 9 a.m. The Texas Animal Health Commission will meet at 210 Barton Springs Road, First Floor Conference Room, Austin. According to the agenda summary, the commission will approve minutes of previous meetings and actions of the executive director; present awards to employees; report of the committee that supervises the duties of the TAHC Internal Auditor; discussion of recommendations of the Texas Performance Review Team; swine brucellosis and pseudorabies report; consideration for adopting amendments to rules for brucellosis, exotic livestock and exotic fowl; fever ticks, equine and interstate; recommendations concerning depopulation of cattle; consideration for proposing amendments to rules for brucellosis, swine and general practice and procedures; post hearing review and final decision of commission on Stiles Cattle Company, administrative hearing and Alfred Hildrebrandt, administrative hearing; and hear public comments. Contact: Jo Anne Conner, 210 Barton Springs Road, Austin, Texas 78704, (512) 479-6697. Filed: July 8, 1991, 11:06 a.m. TRD-9108090 Texas Department of Aviation Wednesday, July 10, 1991, 3 p.m. (rescheduled from July 11, 1991, 9:30 a.m.). The Texas Board of Aviation of the Texas Department of Aviation held an emergency meeting at the Anson Jones Building, 410 East Fifth Street, Room 221, Austin. According to the agenda summary, the board may have approved minutes of the May 21, 1991 meeting; discussed the Facilities Development Program: considered proposed changes to the 1991 and 1992 Facilities Development Program; considered proposed projects to be moved from Federal FY 92 to Federal FY 91; considered proposed projects to be moved from Federal FY 92 to Federal FY 93; considered project cost increases; facilities development program status report; considered drug free work place policy; safety and health program; and hear director's report. The emergency status was necessary for board members to attend meeting of House Transportation Committee which was scheduled for 9 a.m. July 11, 1991. Contact: Lydia Scarborough, P.O. Box 12607, Austin, Texas 78711, (512) 476-9262. Filed: July 8, 1991, 4:09 p.m. TRD-9108133 State Bar of Texas Wednesday, July 10 and 11, 1991, 10 a.m., 8:30 a.m. The Commission on Lawyer Discipline of the State Bar of Texas met at the Texas Law Center, Room 104, 1414 Colorado, Austin. According to the agenda summary, the commission met to give oath to Amy Freeman Lee; discuss duties and authorities of commission; operating rules and procedures; appointment of committee to consider seminars for grievance committee members; delegation of authority for settlement approval; general counsel budget considerations; organization of general counsel's office; commission budget; discuss committee reports to commission; statistical report on discipline; recently resolved disciplinary cases; pending litigation and settlement offers (closed executive session pursuant to Article 6252-17(2)(e); docketing of inquiries and complaints; approval of minutes of prior meetings; private attorneys for pro bono prosecution of disciplinary cases; review of prayer for relief in cases of less magnitude; case load update; expansion of grievance committees; disqualification of commission by other bar or governmental service; and future meeting dates. Contact: Susan Gettman, 400 West 15th, Suite 1500, Austin, Texas 78711, (512) 463-1381. Filed: July 2, 1991, 4:23 p.m. TRD-9107895 Bond Review Board Tuesday, July 9, 1991, 10 a.m. The Bond Review Board met at Sergeant's Committee Room, State Capitol, Austin. According to the emergency revised agenda, the Staff Planning meeting will call to order; approve minutes; consider proposed issues: application of Texas Housing Agency for issuance of Multi-Family Housing Revenue Refunding Bonds, Series 1991A, 1991B and 1991C, application of Texas Public Finance Authority for issuance of Revenue Bonds, Series 1991A; other business; and adjourn. The emergency status was necessary to allow timely consideration of agenda items. Contact: Tom K. Pollard, 506 Sam Houston Building, 201 East 14th Street, Austin, Texas 78701, (512) 463-1741. Filed: July 3, 1991, 3:44 p.m. TRD-9107973 Texas Department of Criminal Justice Thursday, July 11, 1991, 4 p.m. The Tax Subcommittee of the Texas Department of Criminal Justice met at Texas Department of Criminal Justice Austin Office, First City Centre, 816 Congress Avenue, Suite 500, Austin. According to the agenda, the subcommittee met to consider funding solutions for board to recommend to the Legislature. Contact: Susan J. Power, P.O. Box 13084, Austin, Texas 78711, (512) 475-3250. Filed: July 3, 1991, 4:34 p.m. TRD-9107992 Thursday, July 11, 1991, 4:30 p.m. The Subcommittee on Prison Names of the Texas Department of Criminal Justice met at Texas Department of Criminal Justice Austin Office, First City Centre, 816 Congress Avenue, Suite 500, Austin. According to the agenda, the subcommittee met to consider names for the new Pampa prison facility. Contact: Susan J. Power, P.O. Box 13084, Austin, Texas 78711, (512) 475-3250. Filed: July 3, 1991, 4:34 p.m. TRD-9107991 Friday, June 12, 1991, 9 a.m. The Texas Board of Criminal Justice of Texas Department of Criminal Justice will meet at Suite 600, Building B, 8100 Cameron Road, Austin. According to the agenda summary, the board will hold executive session; regular session including: consent items, board member reports, allocation formula, Correctional Employees Council, education and recreation budget fiscal year 1992, professional services contract-underground storage tanks, selection of program development consultant, construction authorizations, new senior staff introduction, prior pending business; convene Windham School Board: consent items; WSS Budget for 1991-1992. Contact: James A. Lynaugh, P.O. Box 99, Huntsville, Texas 77342-0099, (409) 294-2141. Filed: July 3, 1991, 3:37 p.m. TRD-9107972 Tuesday-Friday, July 16-19, 1991, 10 a.m. The Board of Pardons and Paroles of the Texas Department of Criminal Justice will meet at 2503 Lake Road, Suite #9, Huntsville. According to the agenda summary, a panel (composed of 3 board members) will receive, review, and consider information and reports concerning prisoners/inmates and administrative releasees subject to the board's jurisdiction and initiate and carry through with appropriate action. Contact: Juanita Llamas, 8610 Shoal Creek Boulevard, Austin, Texas 78758, (512) 459-2744. Filed: July 8, 1991, 4:10 p.m. TRD-9108134 Texas State Board of Examiners of Dietitians Friday, July 19, 1991, 8 a.m. The Rules Committee of the Texas State Board of Examiners of Dietitians will meet at the Fredonia Hotel, 200 North Fredonia Street, Nacogdoches. According to the complete agenda, the committee will consider and possibly act on amendments to 22 TAC, Chapter 711. Contact: Becky Berryhill, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2945. Filed: July 5, 1991, 2:48 p.m. TRD-9108044 Friday, July 19, 1991, 8:30 a.m. The Program Approval Committee of the Texas State Board of Examiners of Dietitians will meet at the Fredonia Hotel, 200 North Fredonia Street, Nacogdoches. According to the complete agenda, the committee will review and act on applications for individual replanned professional experience program. Contact: Becky Berryhill, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2945. Filed: July 5, 1991, 2:49 p.m. TRD-9108045 Friday, July 19, 1991, 10 a.m. The Texas State Board of Examiners of Dietitians will meet at the Fredonia Hotel, 200 North Fredonia Street, Nacogdoches. According to the complete agenda, the board will approve agenda and minutes of previous meeting; hear reports of chairman, executive secretary, standing committees; consider and possible act on: applications approved by executive secretary; proposed adoption of amendments to 22 TAC Chapter 711; applications for licensure, provisional licensure, examination eligibility, preplanned professional experience program, and license renewal; request to supervise more than three provisional licensed dietitians; suspension of provisional licenses for violation of 22 TAC s711.9; voluntary surrender of license; request to upgrade license status; request for interpretation of 22 TAC sec. s711.4-711.5; Texas Performance Review; CLEAR conference; election of officers; duties of executive secretary; meet in executive session; and hear announcements and comments not requiring board action. Contact: Becky Berryhill, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2945. Filed: July 5, 1991, 2:50 p.m. TRD-9108046 Texas Council on Disabilities Friday, July 19, 1991, 10 a.m. The Texas Council on Disabilities will meet at Public Hearing Room, 4900 North Lamar Boulevard, Austin. According to the agenda, the council will call to order; roll call; hear notes of May meeting; hear Task Force Final Reports: demographic survey, long range state plan, and Barrier Free Park; and have dialogue with representative(s) from Governor's Committee regarding Sunset. Contact: Jerry Ann Robinson, 4900 North Lamar Boulevard, Austin, Texas, 78751, (512) 483-4353. Filed: July 5, 1991, 3:30 p.m. TRD-9108049 Educational Economic Policy Center Wednesday, July 10, 1991, 9:30 a.m. The Policy Center Committee of the Educational Economic Policy Center met at Joe C. Thompson Conference Center, Room 1.126, 2313 Red River, Austin. According to the agenda summary, the committee met to discuss approval of minutes; executive session; research agenda; legislative update; and budget update. Contact: Mary Ward, The University of Texas at Austin, The LBJ School, SRH 3.303, (512) 471-4962. Filed: July 2, 1991, 5:01 p.m. TRD-9107898 Texas Education Agency Thursday, July 11, 1991, 10 a.m. The State Board of Education (SBOE) Committee of the Whole of the Texas Education Agency met at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the complete agenda, the committee held a public hearing regarding the proposed State Board of Education policy statement on middle grade education. Complete information concerning this public hearing was published in the June 21, 1991, issue of the Texas Register (16 TexReg 3372). Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: July 3, 1991, 4:23 p.m. TRD-9107977 Thursday, July 11, 1991, 1:30 p.m. The State Board of Education Committee of the Whole of the Texas Education Agency met at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the agenda summary, the committee heard public testimony; report of commissioner of education on visits to SBOE members' districts; sunset review of SBOE rules scheduled to expire June 1, 1992; appointment of trustee to Board of Trustees of the Teacher Retirement System of Texas; discussion of Chapter 75 curriculum recommendations; discussion of mathematics instruction in Texas and National Council of Teachers of Mathematics standards; academic excellence indicator system; review of legislation from the 72nd Texas Legislature, regular and first called session; discussion of pending litigation; and discussion of pending litigation will be held in executive session in accordance with Article 6252-17, sec.2(e). Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: July 3, 1991, 4:23 p.m. TRD-9107978 Friday, July 12, 1991, 8:30 a.m. The State Board of Education Committee on Personnel of the Texas Education Agency met at the William B. Travis Building, 1701 North Congress Avenue, Room 1-111, Austin. According to the agenda summary, the committee heard public testimony; classes of certificates and testing requirements; state-operated school districts; general requirements for inservice education and days of operation required; reports of visiting teams and requests for approval of alternative teacher certification programs; discussion of the status of teacher career ladder and master teacher examination for school year 1991-1992; discussion of current programs and future directions in teacher education; status report on the accreditation of school districts; and review of legislation for the 72nd Texas Legislature, regular and first called session. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: July 3, 1991, 4:24 p.m. TRD-9107979 Friday, July 12, 1991, 8:30 a.m. The State Board of Education Committee on Students of the Texas Education Agency will hear public testimony; definition of remedial and compensatory instruction; admission, review and dismissal committee and comprehensive individual assessment; school-age residents of intermediate care facilities for the mentally retarded; students with dyslexia and related disorders; request for approval of amendments to University Interscholastic League reclassification and realignment policies; state plan and guidelines for the education of the gifted/talented; discussion of modifications in administration procedures for the Texas Assessment of Academic Skills resulting from new legislation; review of legislation from the 72nd Texas Legislature, regular and first called session. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: June 3, 1991, 4:24 p.m. TRD-9107980 Friday, July 12, 1991, 8:30 a.m. The State Board of Education Committee on School Finance of the Texas Education Agency met at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the agenda summary, the committee heard public testimony; guarantee program for school district bonds; remedial and compensatory instruction; special textbooks to be made available; teenage driver education; vocational and applied technology education; petition for adoption of rule change concerning years of service; apprenticeship and training advisory committee-contact hour rate; funds for purchase and distribution of textbooks; large type textbooks for visually handicapped; evaluation topic for study by the Texas Council on Vocational Education (TCVE), 1991-1992; recommendations for appointment to TCVE; review of program and operating budgets, 1991-1992; School Facilities Advisory Committee report; annual audit plan of the division of audits for 1991-1992; annual audit plan of the division of internal audits for 1991-1992 and proposed five-year plan; and legislation from 72nd Texas Legislature, regular and first called session. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: July 3, 1991, 4:24 p.m. TRD-9107981 Friday, July 12, 1991, 1:30 p.m. The State Board of Education Committee on Long-Range Planning of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the agenda summary, the committee will hear public testimony; expert session on teacher education and recruitment; approval of waiver requests for innovative programs; adoption of dropout rate reduction goals; recommendations for appointment to the governing board of the Texas Center for Educational Technology; strategic planning for agencies of state government; review of Texas Administrative Code-additional information requested by the SBOE for the review of current district information requirements; and review of legislation from the 72nd Texas Legislature, regular and first called session. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: July 3, 1991, 4:24 p.m. TRD-9107982 Friday, July 12, 1991, 2:30 p.m. The State Board of Education Committee on the Permanent School Fund (PSF) will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-109, Austin. According to the agenda summary, the committee will hear public testimony; recommended PSF investment program for July and August and the funds available for the program; review of PSF securities transactions and the investment portfolio; report of the chief investment officer; and review of legislation from the 72nd Texas Legislature, regular and first called session. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: July 3, 1991, 4:24 p.m. TRD-9107983 Saturday, July 13, 1991, 8:30 a.m. The State Board of Education (SBOE) of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the agenda summary, the board will hear public testimony; SBOE resolutions; approval of consent agenda; sunset review of SBOE rules to expire June 1, 1992; trustee to Teacher Retirement System; classes of certificates/testing requirements; state-operated school districts; inservice education and days of operation required; remedial/compensatory instruction; admission, review and dismissal committee/comprehensive individual assessment; school-age residents of intermediate care facilities; students with dyslexia/related disorders; University Interscholastic League reclassification/realignment policies; guarantee program for school district bonds; special textbooks; teenage driver education; vocational/applied technology education; petition concerning years of service; apprenticeship and training advisory committee; contact hour rate; purchase/distribution of textbooks; large type textbooks; topic for evaluation by Texas Council on Vocational Education; waiver requests for innovative programs; dropout rate reduction goals; Texas Center for Educational Technology; Permanent School Fund investment program for July and August and funds available for the program; and information on agency administration. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: July 3, 1991, 4:25 p.m. TRD-9107984 Texas Employment Commission Tuesday, July 16, 1991, 8:30 a.m. The Texas Employment Commission will meet at the TEC Building, 101 East 15th Street, Room 644, Austin. According to the agenda summary, the commission will consider prior meeting notes; internal procedures of commission appeals; consideration and action on tax liability cases listed on Commission Docket 29 and higher level appeals in unemployment compensation cases listed on Commission Dockets 28 and 29; and set date of next meeting. Contact: C. Ed Davis, 101 East 15th Street, Austin, Texas 78778, (512) 463-2291. Filed: July 8, 1991, 4:17 p.m. TRD-9108137 Commission on Fire Protection Friday, July 12, 1991, 9 a.m. The Commission on Fire Protection will meet at Embassy Suites Hotel North, 5901 North IH-35, Austin. According to the revised agenda summary, the commission will meet for the regularly scheduled Quarterly Commission meeting; hear committee reports; and consider new business and old business. Contact: K. R. Ethridge, 9800 North Lamar Boulevard, (512) 837-9851. Filed: July 3, 1991, 11:12 a.m. TRD-9107942 Office of the Governor, Criminal Justice Division Texas Crime Stoppers Advisory Council Wednesday, July 17, 1991, 10 a.m. The Texas Crime Stoppers Advisory Council of the Criminal Justice Division of the Office of the Governor will meet at 201 East 14th Street, Sam Houston Building, Third Floor Conference Room, Austin. According to the complete agenda, the council will call the meeting to order; approve minutes; hear conference committee reports; appointment of 1992 conference chairman; determination of 1992 conference date and bid guidelines; education committee report; status of crime stoppers assistance fund; caller identification (new proposed phone service item); future projects/environmental crime legislation; report on crime stoppers international conference September 29-October 2, 1991; status on Governor's appointments to the Texas Crime Stoppers Council; and adjourn. Contact: David Cobbs, P.O. Box 12428, Austin, Texas 78711, (512) 463-1784. Filed: July 9, 1991, 9:49 a.m. TRD-9108152 Texas Department of Health Thursday, July 18, 1991, 10 a.m. The Advisory Committee on Nursing Facility Affairs of the Texas Department of Health will meet at the Texas Department of Health, Room T-607, 1100 West 49th Street, Austin. According to the complete agenda, the committee will approve minutes of previous meeting; consider and possibly act on: proposed rules on definitions of abuse and neglect; nurse aide rule revisions; legislation; program issues; complaint/incident priority procedures; Department of Health central office review of investigations; processing referrals to nurse aide registry; addition to or deletion of information from nurse aide registry; revisions and review of requirements on faxing physicians' orders; revising minimum licensing standards to include Onmibus Budget Act Reconciliation requirements; statistics on types of deficiencies for which medicaid remedies are assessed; and nominations for committee chairman. Contact: Richard Butler, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7706. Filed: July 5, 1991, 2:48 p.m. TRD-9108043 Wednesday, July 24, 1991, 8 a.m. The Advisory Board of Athletic Trainers of the Texas Department of Health will meet at the Sheraton Centre Park Hotel, World Series Rooms I & II, Stadium Drive East, Arlington. According to the agenda summary, the board will approve minutes of previous meeting; hear reports of executive secretary and program administrator; consider and possibly act on: competencies in athletic training survey; applications; ratification of physical therapists apprenticeship applications approved by administrative services committee; requests to complete and apprenticeship not enrolled as a student; letter regarding board licensure practices; violations of Texas Civil Statutes, Article 4512d by unlicensed person(s); amendments to Physical Therapy Act by House Bill 925, 72nd Legislature, 1991; proposed changes to rules in 25 TAC Chapter 313; settlement concerning individual; Texas Performance Review; elect officers; and hear announcements and comments not requiring board action. Contact: Becky Berryhill, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2952. Filed: June 5, 1991, 2:47 p.m. TRD-9108042 Texas Health and Human Services Coordinating Council Friday, July 19, 1991, 9 a.m. The Commission on Children, Youth and Family Services of the Texas Health and Human Services Coordinating Council will meet at the THHSCC Conference Room, Suite 216, 9101 Burnet Road, Austin. According to the complete agenda, the commission will call the meeting to order; review and approve minutes; review of commission report; workgroup reports; discuss old business; new business; and adjourn. Contact: Eric Taylor, 9101 Burnet Road, Suite 216, Austin, Texas 78758, (512) 873-2400. Filed: July 8, 1991, 11:22 a.m. TRD-9108096 Texas Department of Human Services Monday, July 15, 1991, 10 a.m. The Texas Department of Human Services will meet at John H. Winters Building, 701 West 51st Street, Austin. According to the agenda, the CPS Advisory Committee Meeting will call to order; perform welcome and introductions; make announcements; approve minutes; Advisory Committee Evaluation; director's remarks; update on Legislation; report from evaluation of CARF Pilot (Risk Based Service Delivery System); day care for in-homes and foster care cases; child care and development block grant; and centralized intake for CPS. Contact: Melodye Eveland, P.O. Box 149030, Austin,Texas 78714-9030, (512) 450-3412. Filed: July 3, 1991, 3:37 p.m. TRD-9107971 Wednesday, July 17, 1991, 9:30 a.m. The Physician Payment Advisory Committee of the Texas Department of Human Services will meet at 701 West 51st Street, First Floor, East Tower, Public Hearing Room, Austin. According to the complete agenda, the committee will hear opening comments; deputy commissioner's comments; approval of previous meeting's minutes; RBRVS simulation discussion; subcommittee meetings; unaddressed services in board room; conversion factor in private dining room; specialty differential in conference room 6E; legislation in Room 2E; subcommittees present recommendations to PPAC; open discussion; discuss next meeting; and adjournment. Contact: Carolyn Howell, P.O. Box 149030, Austin, Texas 78714-9030, (512) 450-3053. Filed: July 9, 1991, 9:39 a.m. TRD-9108151 State Board of Insurance Wednesday, July 10, 1991, 8:30 a.m. The State Board of Insurance met at William P. Hobby Building, Room 100, 333 Guadalupe Street, Austin. According to the agenda summary, the board met to discuss Pending Board Orders on various subjects as itemized on the complete agenda; personnel; solvency matters; litigation; and Commissioner of Insurance financial statement. Contact: Angelica Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: July 2, 1991, 2:27 p.m. TRD-9107872 Thursday, July 11, 1991, 10 a.m. The State Board of Insurance met at William P. Hobby Building, Room 100, 333 Guadalupe Street, Austin. According to the agenda summary, the board met to consider request from Employers Casualty Company for cessation of acceptance of small premium policies through the Small Premium Policy Plan of the Texas Workers' Compensation Insurance Facility; consider adoption on an emergency basis and of authorization for publication as a proposal of an amendment to 28 TAC 27.605, concerning safe storage, handling and use of flammable liquids at retail service stations in aboveground storage tanks; personnel; and litigation. Contact: Angelica Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: July 3, 1991, 3:21 p.m. TRD-9107966 Tuesday, July 16, 1991, 9 a.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a hearing to consider whether disciplinary action should be taken against Charles Donald McAfee, Jr., Houston, who holds a Group I, Legal Reserve Life Insurance Agent's license, Group II Insurance Agent's license, Local Recording Agent's license and Health Maintenance Organization Agent's license. Docket Number 11207. Contact: James W. Norman, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: July 8, 1991, 3:28 p.m. TRD-9108129 Tuesday, July 16, 1991, 1:30 p.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider whether disciplinary action should be taken against Jerry Edwin Dilley, of Spring, who holds a Group I, Legal Reserve Life Insurance Agent's license. Docket Number 11230. Contact: Wendy L. Ingham, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: July 8, 1991, 3:27 p.m. TRD-9108127 Tuesday, July 16, 1991, 1:30 p.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider the application of Insurance Management and Administration Inc., Clearwater, Florida, for a Certificate of Authority to do business as a Third Party Administrator. Docket Number 11222. Contact: Lisa Lyons, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: July 8, 1991, 3:27 p.m. TRD-9108128 Wednesday, July 17, 1991, 9 a.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider whether disciplinary action should be taken against Craig Brock Silverthorne, Plainview, who holds a Group I, Legal Reserve Life Insurance Agent's license. Docket Number 11223. Contact: 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: July 8, 1991, 3:27 p.m. TRD-9108126 Wednesday, July 17, 1991, 1:30 p.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider whether Chesapeake Life Insurance Company should be ordered to take appropriate action or whether the Certificate of Authority of Chesapeake Life Insurance Company should be revoked. Docket Number 11153. Contact: James W. Norman, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: July 8, 1991, 3:26 p.m. TRD-9108125 Friday, July 19, 1991, 9 a.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider whether disciplinary action should be taken against John Thomas Johnson, Plano and Prosper, who holds a Group I, Legal Reserve Life Insurance Agent's license, Group II Insurance Agent's license and Solicitor's license. Docket Number 11231. Contact: J. C. Thomas, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: July 8, 1991, 3:26 p.m. TRD-9108124 Monday, July 22, 1991, 9 a.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider whether disciplinary action should be taken against Ernest A. Pisko, El Paso, who holds a Group I, Legal Reserve Life Insurance Agent's license and Group II Insurance Agent's license. Docket Number 11227. Contact: Earl Corbitt, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: July 8, 1991, 3:25 p.m. TRD-9108123 Texas State Library and Archives Commission Wednesday, July 24, 1991, 10 a.m.-4 p.m. The Library Systems Act Advisory Board and Library Services and Construction Act Advisory Council of the Texas State Library and Archives Commission will meet at Lorenzo de Zavala State Library and Archives Building, Room 314, 1201 Brazos Street, Austin. According to the complete agenda, the board and council will perform introduction and welcome; review preliminary recommendations for Task Force Appointments; Task Force Training Plans; Comments from the Field; Planning Process Timeline; and adjourn. Contact: Edward Seidenberg, Texas State Library, P.O. Box 12927, Austin, Texas 78711, (512) 463-5459. Filed: July 2, 1991, 10:41 a.m. TRD-9107866 Thursday, July 25, 1991, 10 a.m. The Texas State Library and Archives Commission will meet at the Lorenzo de Zavala Archives and Library Building, 1201 Brazos Street, Room 314, Austin. According to the complete agenda, the commission will approve the minutes from the February 14, 1991 meeting; advisory groups will meet to: approve three new positions on the Library Services and Construction Act Advisory Council; one appointment to the Library Systems Act Advisory Board; eight appointments to the Library Services and Construction Act Advisory Council; Library Services and Construction Act Title III grant appeal-Lamar University Library; approval of Library Services and Construction Act grants; Title I, Title II and Title III; approval of agreement with Texas A&M University regarding the records of Governor William P. Clements; approval of agreement with Texas Tech University regarding the records of Governor Preston Smith; and committee reports. Contact: Raymond Hitt, P.O. Box 12927, Austin, Texas 78701, (512) 463-5440. Filed: July 5, 1991, 10:30 a.m. TRD-9108009 Texas Department of Licensing and Regulation Tuesday, July 23, 1991, 9 a.m. The Manufactured Housing Division of Texas Department of Licensing and Regulation will meet at Thompson Building, Room 1012, 920 Colorado Street, Austin. According to the complete agenda, the Department will hold an Administrative Hearing to consider the application of James L. Estes, Jr. for a Texas Manufactured Housing Salesperson License in accordance with the Statutes, Articles 5221f and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: July 2, 1991, 10:37 a.m. TRD-9107857 Texas State Board of Medical Examiners Monday, July 8, 1991, 10:30 a.m. The Hearings Division of the Texas State Board of Medical Examiners met in an emergency meeting at 1101 Camino La Costa, Suite 201, Austin. According to the agenda summary, the division considered termination of probation on two physicians and modification of probation on one physician; executive session under authority of Article 6252-17, as related to Article 4495b, 2.07, 3.05(d), 4.05(d), 5.06(s)(1) & Op. A. G. 1974, No. H-484. The emergency status was necessary because the information has come to the attention of the board that merits prompt consideration. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78711, (512) 452-1078. Filed: July 2, 1991, 2:23 p.m. TRD-9107871 Texas Council on Offenders with Mental Impairments Friday, July 19, 1991, 8:15 a.m. The MI Subcommittee of the Texas Council on Offenders with Mental Impairments will meet at the Texas Department of Criminal Justice, Parole Division, 8610 Shoal Creek Boulevard, Building Eight, Austin. According to the agenda summary, the subcommittee will call the meeting to order; introduce members; discuss statement of work/outcome measures for Project ACTION; priority activities; old business; new business; and adjourn. Contact: Pat Hamilton, P.O. Box 12546, Austin, Texas 78711, (512) 459-2720. Filed: July 8, 1991, 4:16 p.m. TRD-9108135 Friday, July 19, 1991, 10 a.m. The MR/DD Subcommittee of the Texas Council on Offenders with Mental Impairments will meet at the Texas Department of Criminal Justice, Parole Division, 8610 Shoal Creek Boulevard, Building Eight, Austin. According to the agenda summary, the subcommittee will call the meeting to order; introduce members; discuss statement of work/outcome measures for Project CHANCE; priority activities; discuss old business; new business; and adjourn. Contact: Pat Hamilton, P.O. Box 12546, Austin, Texas 78711, (512) 459-2720. Filed: July 8, 1991, 4:17 p.m. TRD-9108136 Texas Motor Vehicle Commission Wednesday, July 10, 1991, 9 a.m. The Texas Motor Vehicle Commission met at 815 Brazos Street, Suite 302 (Brazos Building), Austin. According to the agenda summary, the commission called to order; roll call; approval of minutes of the commission meeting of May 30, 1991; Motion for Rehearing; Proposals for Decision-Licensing and Enforcement; Advertising Cases for Deferred Adjudication; Agreed Orders-Enforcement; Orders of Dismissal; Proposed Rules and Other Matters such as discussion and consideration of adoption of proposed amendments to agency rule of procedure 16 TAC s101.63 and sec.101.64, concerning requirement that exceptions, replies or other pleadings in contested cases must be filed with the commission at least 15 days prior to the date of the commission meeting at which the case is scheduled to be heard and considered; discussion and consideration of issuance for public comment amendments to TMVC lemon law rule to implement changes in lemon law, and also to amend Reasonable Allowance For Use rule as discussed at the commission meeting held on May 30, 1991; Legislative progress report; Sunset review; appropriations; and State Auditor's Performance Review recommendations; Review of consumer complaint recap report; Review of litigation status report; Schedule future meeting dates; and adjournment. Contact: Russell Harding, TMVC-815 Brazos Street, Suite 300, Austin, Texas 78701, (512) 476-3587. Filed: July 2, 1991, 11:39 a.m. TRD-9107868 Board of Nurse Examiners Tuesday-Thursday, July 23-25, 1991, 8 a.m. The Board of Nurse Examiners will meet at the Radisson Plaza Hotel, 700 San Jacinto Street, Austin. According to the agenda summary, the board will receive the minutes from the May 1991 meeting; consider operations, practice and education issues; receive a report from the executive director; hold an open forum on July 25, 1991 at 8:30 a.m.; hold a public hearing regarding the request from Incarnate Word College for an extended campus at Laredo scheduled for July 25, 1991 at 10 a.m.; consider the adoption of previously proposed rules; consider possible action on disciplinary matters and other action as recommended by the executive director in relation to hearings and consider six reinstatement petitions. This being the annual meeting of the board, election of officers will be held. Contact: Louise Waddill, P.O. Box 140466, Austin, Texas 78714, (512) 835-8650. Filed: July 3, 1991, 3:04 p.m. TRD-9107953 Texas Board of Licensure for Nursing Home Administrators Friday, July 19, 1991, 10 a.m. The Texas Board of Licensure for Nursing Home Administrators will meet at 4800 North Lamar Boulevard, Suite 310, Austin. According to the complete agenda, the board will call the meeting to order; give invocation; take roll call; agenda approval; approval of April 4 and 12, 1990 minutes; personal appearances; education committee report; ex officio reports (TDH, DHS, TDoA); investigator's report on state coverage; acting executive director's report; LAR and Chair's report; and adjourn. Retreat will follow regular board meeting. Contact: Kim Foutz, 4800 North Lamar Boulevard, Austin, Texas 78756-3177, (512) 458-1955. Filed: July 8, 1991, 1:24 p.m. TRD-9108098 Friday-Saturday, July 19-20, 1991, 7:30 p.m. and 8:30 a.m. respectively. The Texas Board of Licensure for Nursing Home Administrators will meet at the Hawthorne Suites Hotel Meeting Room, 4020 IH-35 South, Austin. According to the agenda summary, the board will call the meeting to order; overview of Retreat (need, purpose, etc.); orientation (historical perspective, mission and scope of agency, scope of board duties/responsibilities); general discussion; question and answer session, and adjourn. On Saturday, the meeting will be called to order; review and discuss methods of goalsetting; discussion of where we have been, where we are now, and where we want to go; tangible and intangible goals; immediate, short, and long-range goals; obstacles; solutions; deadlines; assignments; categorizing our vision; goalsetting process; finalizing process; wrap-up; and adjourn.. Contact: Kim Foutz, 4800 North Lamar Boulevard, Austin, Texas 78756-3177, (512) 458-1955. Filed: July 8, 1991, 11:23 a.m. TRD-9108097 Texas Board of Private Investigators and Private Security Agencies Thursday, July 11, 1991, 9:30 a.m. The Texas Board of Private Investigators and Private Security Agencies met at Maximillian Room, Driskill Hotel, 604 Brazos Street, Austin. According to the agenda, the old business included the board approval of minutes of May 21 and 22, 1991 meeting; and board action on Joe Brice Case. The new business included: reports and board action on 6252-1361 V.A.C.S. and other concerns of the agency; board action on responsibilities of management and directions for executive director; board action on ticket system for technical violations and fine schedules; board action on in-house legal staff; board action on appointment and function of Advisory Committee on Educational and Licensing Standards; board action and report on Criminal Justice Grant and discussion regarding project director; report on unlicensed operators; board action on personnel policies; board action on possible revenue increases and other budgetary issues; and board action on public information officer. The executive session included: Pursuant to Section 2(g), Article 6252-17, V.T.C.S., consider personnel issues including evaluation, duties, discipline, dismissal, or complaints or charges regarding Randy Glasgow; action as required in open session on Randy Glasgow personnel issues discussed in executive session. Contact: Clema D. Sanders, 313 East Anderson #200, Austin, Texas 78711, (512) 463-5545. Filed: July 3, 1991, 11:27 a.m. TRD-9107944 State Property Tax Board Thursday, July 11, 1991, 9 a.m. The State Property Tax Board met at 4301 Westbank Drive, Building B, Suite 100, Austin. According to the revised agenda, the board met to consider emergency amendments to Rule 153.2 concerning amending truth-in-taxation rule and form to conform with new legislation. Contact: Leon Willhite, 4301 Westbank Drive, Building B, Suite 100, Austin, Texas 78746, (512) 329-7901. Filed: July 2, 1991, 3:40 p.m. TRD-9107881 Public Utility Commission of Texas Thursday, July 11, 1991, 10 a.m. (rescheduled from July 5, 1991) The Hearings Division of the Public Utility Commission met at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division held a rescheduled prehearing conference in Project Number 10404-Guadalupe Valley Electric Cooperative, Inc.'s report to the commission concerning refund of net benefits of Lower Colorado River Authority's transmission lease payment. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 3, 1991, 3:22 p.m. TRD-9107967 Tuesday, July 16, 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 prehearing conference in Docket Number 10422-application of Sugar Land Telephone Company to revise tariff to modify directory listings services. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 8, 1991, 2:48 p.m. TRD-9108117 Wednesday, July 17, 1991, 10 a.m. The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the commission will hold a prehearing conference in Docket Number 9796-petition of Southwestern Bell Telephone Company for a cease and desist order. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 8, 1991, 2:50 p.m. TRD-9108119 Wednesday July 24, 1991, 10 a.m. The Hearings Division of the Public Utility Commission will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a prehearing conference in Docket Number 9090-complaint of DFW Metroline Services against Southwestern Bell Telephone Company. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 3, 1991, 3:17 p.m. TRD-9107961 Monday, August 19, 1991, 10 a.m. (rescheduled from July 2, 1991, 10 a.m. ) The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin, Texas 78757, (512) 458-0100. According to the agenda, the division will conduct a prehearing conference in Docket Number 9749-application of GTE Southwest Inc. to revise tariff to provide its local calling plans. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 2, 1991, 3:13 p.m. TRD-9107877 Thursday, September 5, 1991, 10 a.m. (rescheduled from Monday, July 9, 1991, at 10 a.m.). The Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the commission will hold a hearing on the merits in Docket Number 10223-application of North Texas Telephone Company to implement new tariff. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 5, 1991, 10:42 a.m. TRD-9108012 Wednesday, September 18, 1991, 10 a.m. The Hearing Division will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin, Texas 78757, (512) 458-0100. According to the agenda, the division will hold a hearing on the merits in Docket Number 10382, Southwestern Bell Telephone Company statement of intent to change and restructure the rates for certain optional custom calling service (CCS) features for residential customers. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 2, 1991, 3:12 p.m. TRD-9107876 Monday, September 23, 1991, 10 a.m. The Hearings Division of the Public Utility Commission 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 10336-application of Lake Livingston Telephone Company for approval of the exchange of 96 percent of its common stock for stock in TDS Telecommunications Corporation. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 3, 1991, 3:22 p.m. TRD-9107966 Friday, November 22, 1991, 10 a.m. The Hearings Division of the Public Utility Commission will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a final prehearing conference in Docket Numbers 10200 and 10034-application of Texas-New Mexico Power Company for authority to change rates and application of Texas-New Mexico Power Company for deferred accounting treatment for TNP One-Unit Two. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 5, 1991, 10:42 a.m. TRD-9108013 Monday, November 25, 1991, 10 a.m. The Hearings Division of the Public Utility Commission 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 Consolidated Docket Numbers 10200/10034-application of Texas-New Mexico Power Company for authority to change rates and application of Texas-New Mexico Power Company for deferred accounting treatment for TNP One-Unit Two. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: July 3, 1991, 3:21 p.m. TRD-9107963 Texas Rehabilitation Commission Tuesday, July 9, 1991, 9 a.m. The Executive Committee, Texas Planning Council for Developmental Disabilities of the Texas Rehabilitation Commission held an emergency meeting at the Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Room 4240, Austin. According to the agenda, the committee called the meeting to order; discussed approval of minutes of the June 14, 1991 meeting; reviewed applications for stipends funds; associate council members; discussed management agreement; budget status report; chairman's report; heard executive director's report; and adjourned. The emergency status was necessary due to the nature of the meeting, and out-of-town members arriving, rescheduling was not possible. Contact: Roger A. Webb, 4900 North Lamar Boulevard, Austin, Texas 78751, (512) 483-4081. Filed: July 2, 1991, 10:37 a.m. TRD-9107858 House of Representatives Tuesday, July 16, 1991, 10:30 a.m. or upon adjournment. The House Committee on Redistricting of the House of Representatives will meet at John H. Reagan Building, Room 401, 105 West 15th Street, Austin. According to the agenda, the committee will discuss congressional and state board of education redistricting. Contact: Brian Jammer, P.O. Box 2910, Austin, Texas (512) 463-9948. Filed: July 3, 1991, 4:26 p.m. TRD-9107985 Tuesday, July 16, 1991, 10:30 a.m. or upon adjournment. The House Committee on Redistricting of the House of Representatives will meet at John H. Reagan Building, Room 401, 105 West 15th Street, Austin. According to the agenda, the committee will discuss congressional and state board of education redistricting. Contact: Brian Jammer, P.O. Box 2910, Austin, Texas (512) 463-9948. Filed: July 3, 1991, 4:26 p.m. TRD-9107986 Tuesday, July 16, 1991, 10:30 a.m. or upon adjournment. The House Committee on Redistricting of the House of Representatives will meet at John H. Reagan Building, Room 401, 105 West 15th Street, Austin. According to the agenda, the committee will discuss congressional and state board of education redistricting. Contact: Brian Jammer, P.O. Box 2910, Austin, Texas (512) 463-9948. Filed: July 3, 1991, 4:26 p.m. TRD-9107987 School Land Board Thursday July 11, 1991, 10 a.m. The School Land Board met at General Land Office, Stephen F. Austin Building, Room 831, 1700 North Congress Avenue, Austin. According to the agenda summary, the board approved the minutes of the previous board meetings; and considered nominations, terms, conditions and procedures for a special oil and gas lease sale. Contact: Linda K. Fisher, 1700 North Congress Avenue, Room 836, (512) 463-5016. Filed: July 3, 1991, 3:30 p.m. TRD-9107968 State Securities Board Monday, August 5, 1991, 10 a.m. The Securities Commission of the State Securities Board will meet at 1800 San Jacinto, Austin. According to the agenda summary, a hearing will be held for the purpose of determining whether an Order should be issued revoking the registration of Southard Securities Corporation as a securities dealer and prohibiting the sale of securities issued by HLS Energy Co., Inc. and David A. Beck and prohibiting HLS Energy Co., Inc., David A. Beck and Southard Securities Corporation from acting as dealers in securities. Contact: John Morgan, 1800 San Jacinto, Austin, Texas 78701, (512) 474-2233. Filed: July 5, 1991, 2:57 p.m. TRD-9108048 Wednesday, August 7, 1991, 10 a.m. The Securities Commissioner of the State Securities Board will meet at 1800 San Jacinto Street, Austin. According to the agenda summary, the commissioner will hold a hearing to determine whether the registration of Team America Capital, Inc. as a securities dealer should be revoked or suspended; whether the registration of Marlas Mathie Rietow as a registered principal and agent should be revoked or suspended; and whether a cease and desist order should be issued prohibiting the sale of securities issued by Team America Resources, Inc. Contact: John Morgan, 1800 San Jacinto Street, Austin, Texas 78701, (512) 474-2233. Filed: July 8, 1991, 4:51 p.m. TRD-9108142 Board for Lease of State-owned lands Friday, July 12, 1991, 2:30 p.m. The Board for Lease of Texas Department of Criminal Justice of the Board for Lease of State-owned lands will meet at General Land Office, Stephen F. Austin Building, Room 833, 1700 North Congress Avenue, Austin. According to the agenda summary, the board will approve the minutes of the previous board meetings; and consider nominations, terms, conditions and procedures for the October 1, 1991 oil, gas and other minerals lease sale. Contact: Linda K. Fisher, 1700 North Congress Avenue, Room 836, (512) 463-5016. Filed: July 3, 1991, 3:31 p.m. TRD-9107969 Wednesday, July 24, 1991, 11 a.m. The Board for Lease of Texas Parks and Wildlife Lands of the Board for Lease of State-owned lands will meet at General Land Office, Stephen F. Austin Building, Room 833, 1700 North Congress Avenue, Austin. According to the agenda summary, the board will approve the minutes of the previous board meetings; and consider nominations, terms, conditions and procedures for the October 1, 1991 oil, gas and other minerals lease sale. Contact: Linda K. Fisher, 1700 North Congress Avenue, Room 836, (512) 463-5016. Filed: July 3, 1991, 3:31 p.m. TRD-9107970 Teacher Retirement System of Texas Wednesday, July 10, 1991, 9:30 a.m. The Board of Trustees met at 1000 Red River, Fifth Floor Board Room, Austin, Texas 78701-2698. According to the agenda, the board considered the Texas performance review report and met in executive session to discuss personnel. Contact: Mary Godzik, 1000 Red River, Austin, Texas 78701-2698, (512) 397-6400. Filed: July 2, 1991, 4:05 p.m. TRD-9107893 The Texas A&M University System Board of Regents Friday, July 12, 1991, 9 a.m. The The Texas A&M University System Board of Regents will meet at Board Room at West Texas State University, Third Floor of the Administration Building, Canyon. According to the agenda summary, the board will overview agenda items by the Chancellor; receive reports from the Standing Ad Hoc Committees; receive reports from the System staff relating to the issuance of debts for The Texas A&M University System; report on privatization; report on the Research Park at Texas A&M University and Student Development Center at Tarleton State University. Contact: Vickie Running, College Station, Texas 77843, (512) 845-9600. Filed: July 5, 1991, 8:55 a.m. TRD-9107995 Friday, July 12, 1991, 9:45 a.m. The Strategic Objectives and Long Range Planning Committee of the Texas A&M University System Board of Regents will meet at Board Room at West Texas State University, Third Floor of the Administration Building, Canyon. According to the agenda summary, the committee will discuss initiation of major construction projects for The Texas A&M University System. Contact: Vickie Running, College Station, Texas 77843, (512) 845-9600. Filed: July 5, 1991, 8:57 a.m. TRD-9107996 Friday, July 12, 1991, 10:30 a.m. The Facilities Planning and Building Committee of the Texas A&M University System Board of Regents will meet at Board Room at West Texas State University, Third Floor of the Administration Building, Canyon. According to the agenda summary, the committee will discuss construction items for The Texas A&M University System. Contact: Vickie Running, College Station, Texas 77843, (512) 845-9600. Filed: July 5, 1991, 8:59 a.m. TRD-9107997 Friday, July 12, 1991, 10:30 a.m. The Committee for Service Units of the Texas A&M University System Board of Regents will meet at President's Conference Room at West Texas State University, Third Floor of the Administration Building, Canyon. According to the agenda summary, the committee will discuss items relating to the Service Units of The Texas A&M University System. Contact: Vickie Running, College Station, Texas 77843, (512) 845-9600. Filed: July 5, 1991, 8:59 a.m. TRD-9107998 Friday, July 12, 1991, 11:15 a.m. The Finance and Audit Committee of the Texas A&M University System Board of Regents will meet at Board Room at West Texas State University, Third Floor of the Administration Building, Canyon. According to the agenda summary, the committee will discuss appropriations of funds and other items relating to Finance and Audit. Contact: Vickie Running, College Station, Texas 77843, (512) 845-9600. Filed: July 5, 1991, 8:55 a.m. TRD-9107999 Friday, July 12, 1991, 11:15 a.m. The Land and Minerals Committee of the Texas A&M University System Board of Regents will meet at President's Conference Room at West Texas State University, Third Floor of the Administration Building, Canyon. According to the agenda summary, the committee will discuss items relating to right-of-way easements; lease of property; and assignment of interest. Contact: Vickie Running, College Station, Texas 77843, (512) 845-9600. Filed: July 5, 1991, 9:00 a.m. TRD-9108000 Friday, July 12, 1991, 1 p.m. The Committee for Academic Campuses of the Texas A&M University System Board of Regents will meet at President's Conference Room at West Texas State University, Third Floor of the Administration Building, Canyon. According to the agenda summary, the committee will discuss items relating to the academic institutions of The Texas A&M University System. Contact: Vickie Running, College Station, Texas 77843, (512) 845-9600. Filed: July 5, 1991, 9:01 a.m. TRD-9108001 Friday, July 12, 1991, 1 p.m. The Executive Committee of the Texas A&M University System Board of Regents will meet at Board Room at West Texas State University, Third Floor of the Administration Building, Canyon. According to the agenda summary, the committee will discuss items relating to appointments, terminations, tenure, and holiday schedule. Contact: Vickie Running, College Station, Texas 77843, (512) 845-9600. Filed: July 5, 1991, 9:01 a.m. TRD-9108002 Texas Association of Regional Councils Friday, July 12, 1991, 9:30 a.m. The Board of Directors of the Texas Association of Regional Councils will meet at the Lone Star Room, Radisson Plaza Hotel, Austin. According to the agenda summary, the board will call the meeting to order; self-introductions; approval of minutes from March 8, 1991; appointment of nominating committee for 1992 officers; consideration of report of the Budget and Bylaws Committee; report of the Legislative Committee; report on 1991 Emerging Issues Committee activities; plans for 26th Annual TARC Conference in Odessa; request for proposals to host the 1993 TARC Conference; report from the National Association of Regional Councils; reports and action items from the executive director's council; announcements and other business; and adjournment. Contact: Mary Bell, 508 West 12th Street, Austin, Texas 78711, (512) 478-4715. Filed: July 3, 1991, 1:54 p.m. TRD-9107952 Texas Southern University Monday, July 8, 1991, 8:30 a.m. The Legislative Affairs (AD HOC) Committee of the Texas Southern University met at the Texas Southern University, 3100 Cleburne Avenue/Hannah Hall Room 117, Houston. According to the complete agenda, the committee met to consider legislative activities for the July session. Contact: Everett O. Bell, 3100 Cleburne Avenue, Houston, Texas 77004, (713) 529-8911. Filed: July 2, 1991, 4:17 p.m. TRD-9107894 Texas Turnpike Authority Wednesday, July 10, 1991, 9 a.m. The Project Committee of the Texas Turnpike Authority held an emergency meeting at the Texas Turnpike Authority Administration Building, 3015 Raleigh Street, Dallas. According to the complete agenda, the committee took roll call of directors; considered and possibly adopted a position for the Texas Turnpike Authority concerning the Texas Performance Review as it related to the Authority; and adjourned. The emergency was necessary due to reasonably unforeseeable situation; no prior notice of the authority appearance at hearings by the Transportation Committee of Texas House on July 11, 1991; and the agency must adopt a position prior to appearing. Contact: Harry Kabler, P.O. Box 190369, Dallas, Texas 75219, (214) 522-6200. Filed: July 8, 1991, 3:17 p.m. TRD-9108122 Friday, July 12, 1991, 10 a.m. Board of Directors of the Texas Turnpike Authority will meet at Hobby Airport Hilton, 8181 Airport Boulevard, Houston. According to the agenda summary, the following are included: approval of prior Board minutes; executive session; with respect to Dallas North Tollway project, purchase of right-of-way, award of contracts for Extension Phase 2, removing coin baskets from tag only lanes, discussion of screening wall and Executive Director compensatory time policies, and Supplemental Agreement to contract DNT 189; with respect to Addison Airport Tunnel, acceptance of Initial Feasibility Assessment reports, statements, resolutions, contract awards for grade studies; renewal of contract with Financial Advisor; contract for hourly consulting services, interagency contracts and agreements; report on managerial study; extension of equipment leases and other contracts; and review of private toll corporation charter applications. Contact: Harry Kabler, P.O. Box 190369, Dallas, Texas 75219 (214) 522-6200. Filed: July 3, 1991, 2:42 p.m. TRD-9017959 Friday, July 12, 1991, 10 a.m. Board of Directors of the Texas Turnpike Authority will meet at Hobby Airport Hilton, 8181 Airport Boulevard, Houston. According to the revised agenda summary, the following are included: approval of prior Board minutes; executive session; with respect to Dallas North Tollway project, purchase of right-of-way, award of contracts for Extension Phase 2, removing coin baskets from tag only lanes, discussion of screening wall and Executive Director compensatory time policies, and Supplemental Agreement to contract DNT 189; with respect to Addison Airport Tunnel, acceptance of Initial Feasibility Assessment reports, statements, resolutions, contract awards for grade studies; renewal of contract with Financial Advisor; contract for hourly consulting services, interagency contracts and agreements; report on managerial study; extension of equipment leases and other contracts; and review of private toll corporation charter applications. Contact: Harry Kabler, P.O. Box 190369, Dallas, Texas 75219 (214) 522-6200. Filed: July 3, 1991, 4:29 p.m. TRD-9107988 Friday, July 12, 1991, 10 a.m. Board of Directors of the Texas Turnpike Authority will meet at Hobby Airport Hilton, 8181 Airport Boulevard, Houston. According to the revised agenda summary, the following are included: approval of prior Board minutes; executive session; with respect to Dallas North Tollway project, purchase of right-of-way, award of contracts for Extension Phase 2, removing coin baskets from tag only lanes, discussion of screening wall and Executive Director compensatory time policies, and Supplemental Agreement to contract DNT 189; with respect to Addison Airport Tunnel, acceptance of Initial Feasibility Assessment reports, statements, resolutions, contract awards for grade studies; renewal of contract with Financial Advisor; contract for hourly consulting services, interagency contracts and agreements; report on managerial study; extension of equipment leases and other contracts; and review of private toll corporation charter applications. Contact: Harry Kabler, P.O. Box 190369, Dallas, Texas 75219 (214) 522-6200. Filed: July 3, 1991, 1:34 p.m. TRD-9107989 Friday, July 12, 1991, 10 a.m. The Board of Directors of the Texas Turnpike Authority will meet at the Hobby Airport Hilton, 8181 Airport Boulevard, Houston. According to the emergency revised agenda summary, the board will accept the minutes of the meeting of the Contract Award Committee and Project Committee; and discussion concerning Texas Performance Review and legislation. The emergency status is necessary due to reasonably unforeseeable situation; no prior notice of the authority appearance at hearings by the Transportation Committee of Texas House on July 11, 1991; and the agency must adopt a position prior to appearing. Contact: Harry Kabler, P.O. Box 190369, Dallas, Texas 75219, (214) 522-6200. Filed: July 8, 1991, 3:16 p.m. TRD-9108121 University of Houston Monday, July 15, 1991, 2 p.m. The Animal Care Committee of the University of Houston will meet at the University of Houston, S&R II, 4800 Calhoun Boulevard, Room 201, Houston. According to the agenda summary, the committee will discuss and/or act upon the approval of June minutes; renewal protocols; institutional plan for non-human primates; investigator's use of research animals; and facilities inspection. Contact: Julie T. Norris, 4800 Calhoun Boulevard, Houston, Texas 77204, (713) 749-3412. Filed: July 9, 1991, 9:59 a.m. University of Texas Health Science Center at San Antonio Wednesday, July 17, 1991, 3 p.m. The Institutional Animal Care and Use Committee of the University of Texas Health Science Center at San Antonio will meet at the History of Medicine Conference Room, 5.070 LIB, 7703 Floyd Curl Drive, San Antonio. According to the agenda summary, the committee will approve minutes; protocols for review; hear subcommittee reports; and discuss other business. Contact: Molly Greene, 7703 Floyd Curl Drive, San Antonio, Texas 78284-7822, (512) 567-3717. Filed: July 8, 1991, 1:58 p.m. TRD-9108112 Texas Water Commission Friday, July 12, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin State Office Building, Room 123, 1700 North Congress Avenue, 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: July 2, 1991, 3:44 p.m. TRD-9107884 Wednesday, July 17, 1991, 3 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider various matters within the regulatory jurisdiction of the commission. In addition, the commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various actions, including but not limited to scheduling an item in the entirety or for particular action at a future date or time. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: July 8, 1991, 4:35 p.m. TRD-9108141 Wednesday, July 24, 1991, 9 a.m. The Office of Hearings Examiner of the Texas Water Commission will meet at the Stephen F. Austin State Office Building, Room 118, 1700 North Congress Avenue, Austin. According to the agenda summary, the examiner will hold a hearing to determine whether to affirm, modify or set aside emergency order 91-9E (Docket 9134-E) issued June 24, 1991 to Scenic Oaks Water Supply, Inc. The order requires Scenic Oaks Water Supply, Inc. (certificate of convenience and necessity 11581) to provide continuous and adequate water service to every customer in Bexar County. Contact: Wendall Corrigan, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: July 2, 1991, 3:44 p.m. TRD-9107885 Wednesday, July 31, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 1030, Austin. According to the agenda summary, the commission will hold a hearing on a petition by Oakridge Water Company doing business as Pine Springs Utilities appealing and requesting a review of a ratesetting ordinance by the City of Point Blank. This matter has been designated as Docket Number 9152-A. The purpose of the hearing to take jurisdiction, name parties to the proceeding, and consider consolidation with Docket Numbers 8819-R and 9132-A. Contact: Kerry D. Sullivan, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: July 8, 1991, 4:34 p.m. TRD-9108139 Thursday, August 1, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin State Office Building, Room 1149A, 1700 North Congress Avenue, Austin. According to the agenda summary, the commission will meet for a hearing before a hearings examiner on an application for transfer of Water Certificate of Convenience and Necessity Number 10692 from W. & W. Water Company, Inc. to Billy J. Craft doing business as Craft Enterprises. Certificate of Convenience and Necessity Number 10692 covers water utility service in Scenic Heights Subdivision Units 1, 2, and 3 and the Lake of the Hills Subdivision. These subdivisions are in Comal and Blanco Counties. Docket Number 9059-S. Contact: Heidi Jackson, P.O. Box 13087, Capitol Station, Austin, Texas 78711, (512) 463-7875. Filed: July 2, 1991, 3:46 p.m. TRD-9107890 Thursday, August 1, 1991, 10 a.m. The Texas Water Commission will meet at William B. Travis State Office Building, Room 5-101, 1701 North Congress Avenue, Austin. According to the agenda summary, the commission will consider a transfer of Water Certificate of Convenience and Necessity Number 12373 from Bill Matthews doing business as Coldspring Terrace Water System to Payne Utilities, Inc. The Certificate of Convenience and Necessity authorizes water utility service to the Coldspring Terrace Subdivision which is approximately 2 miles northeast of downtown Coldspring, San Jacinto County. Docket Number 8994-S. Contact: Deborah Parker, P.O. Box 13087, Capitol Station, Austin, Texas 78711, (512) 463-7875. Filed: July 2, 1991, 3:46 p.m. TRD-9107891 Monday, August 5, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin State Office Building, Room 1028A, 1700 North Congress Avenue, Austin. According to the agenda summary, the commission will meet for consideration of water rate increase of Paul and Rachel Reese doing business as Prepare Water Systems. Docket Number 9107-R. Contact: Bill Zukauckas, P.O. Box 13087, Capitol Station, Austin, Texas 78711, (512) 463-7875. Filed: July 2, 1991, 3:46 p.m. TRD-9107892 Thursday, August 8, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin State Office Building, Room 119, 1700 North Congress Avenue, Austin. According to the agenda summary, the commission will meet for consideration on a Petition for Creation of Harris County Municipal Utility District Number 356, of Harris County. Contact: Bill Zukauckas, P.O. Box 13087, Capitol Station, Austin, Texas 78711, (512) 463-7875. Filed: July 2, 1991, 3:45 p.m. TRD-9107887 Friday, August 9, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin State Office Building, Room 1028A, 1700 North Congress Avenue, Austin. According to the agenda summary, the commission will meet for a hearing before a hearings examiner on a rate increase of Kickapoo Utilities, Inc. for water and sewer rates. Docket Number 9996-G. Contact: Carol Wood, P.O. Box 13087, Capitol Station, Austin, Texas 78711, (512) 463-7875. Filed: July 2, 1991, 3:45 p.m. TRD-9107889 Friday, August 9, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin State Office Building, Room 543, Austin. According to the agenda summary, the commission will hold a hearing on a report of sale and an application to transfer Certificate of Convenience and Necessity Number 11472 from Oliver Gibson to Jim Courtney doing business as Cresson Water Company. CCN Number 11472 authorizes water utility service to an area in the Township of Cresson (in Johnson and Hood Counties) which is approximately 25 miles from Cresson. Docket Number 8964-S. Contact: Carl Forrester, Sr., P.O. Box 13087, Capitol Station, Austin, Texas 78711, (512) 463-7875. Filed: July 8, 1991, 4:34 p.m. TRD-9108140 Monday, August 19, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin State Office Building, Room 1146, 1700 North Congress Avenue, Austin. According to the agenda summary, the commission will meet for a hearing before a hearings examiner on a transfer of Water Certificate of Convenience and Necessity Number 11596 from Carroll A. Bass to Evelyn Freeman Farhood doing business as Hilltop Utilities, Inc. for water utility service to Hilltop-Park and Hilltop Mobile Home Park Addition in Parker County. Docket Number 9032-S. Contact: Deborah Parker, P.O. Box 13087, Capitol Station, Austin, Texas 78711, (512) 463-7875. Filed: July 2, 1991, 3:45 p.m. TRD-9107888 Wednesday, August 21, 1991, 9 a.m. The Office of Hearings Examiner of the Texas Water Commission will meet at Eastland City Hall (Council Chambers), 416 South Seaman, Eastland. The examiner will consider an application by Murray East for Proposed Permit Number 03275 to authorize disposal of wastes and wastewater from a dairy. The dairy is approximately 2 miles southeast of the intersection FM Roads 2214 and 570; approximately 1.5 miles west-southwest of the intersection of FM Roads 570 and 2461 in Eastland County. The dairy is in the drainage area of the Leon Reservoir in Segment Number 1224 of the Brazos River Basin. Contact: Heidi Jackson, P.O. Box 13087, Capitol Station, Austin, Texas 78711, (512) 463-7875. Filed: July 2, 1991, 3:43 p.m. TRD-9107882 Thursday, August 22, 1991, 9 a.m. The Office of Hearings Examiner of the Texas Water Commission will meet at Valley View High School (Cafeteria), I-35 Frontage Road, Valley View. The examiner will consider an application by Town of Valley View for renewal of Permit Number 11164-01 to authorize a discharge of treated domestic wastewater effluent into Spring Creek; thence to Lake Ray Roberts in Segment Number 0840 of the Trinity River Basin. Contact: Leslie Limes, P.O. Box 13087, Capitol Station, Austin, Texas 78711, (512) 463-7875. Filed: July 2, 1991, 3:44 p.m. TRD-9107883 Texas Workers' Compensation Commission Friday, July 12, 1991, 9 a.m. The Medical Advisory Committee of the Texas Workers' Compensation Commission will meet at the Southfield Building, 4000 South IH-35, Room 910, Tippy Foster Room, Austin. According to the complete agenda, the committee will call the meeting to order; review and approve June 21, 1991 minutes; discussion and consideration of lost-time guidelines; report on Hospital and Ambulatory Surgical Center fee guidelines; presentation of final adoption of medical fee guideline as approved and voted on by commissioners at the July 3, 1991 public meeting; establishment of agenda for next meeting; schedule next meeting date; and adjournment. Contact: Susan Kelley, 4000 South IH-35, Southfield Building, Austin, Texas 78704, (512) 440-3513. Filed: July 8, 1991, 10:03 a.m. TRD-9108094 Texas Workers' Compensation Insurance Facility Wednesday, July 10, 1991, 10:15 a.m. The Actuarial/Accounting Subcommittee of Governing Committee of the Texas Workers' Compensation Insurance Facility held an emergency meeting at the Hyatt Regency DFW, International Parkway, Dallas/Fort Worth. According to the complete agenda, the subcommittee discussed loss reserves-1990 accident year loss rating; present value determination of assessment- methodology, discount rate-tail/truncation/early accident years; presentation to governing committee; FIT considerations; conversion of assessment basis-advantages/disadvantages; presentation to governing committee; rating-loss experience by modifier (if available); memo to be sent to the rating committee; and ALAE reserve for facility. The emergency status was necessary as a request for action by the chairmen of the governing committee created an unforeseen situation requiring immediate action by the actuarial/accounting subcommittee of the governing committee. Contact: Miles L. Mathews, 8303 MoPac, Suite 310, Austin, Texas 78759-8396, (512) 345-1222. Filed: July 8, 1991, 2:49 p.m. TRD-9108118 Regional Meetings Meetings Filed July 2, 1991 The Austin-Travis County MHMR Center Board of Trustees, Personnel Committee met at 1430 Collier Street, Board Room, Austin, July 9, 1991, at 6 p.m. Information may be obtained from Sharon Taylor, P.O. Box 3548, Austin, Texas 78764, (512) 440-4031. TRD-9107873. The Brazos River Authority Water Utilization Committee, Board of Directors met at the Hyatt Regency DFW Hotel, East Tower, Comet Room, Dallas-Fort Worth Airport, July 8, 1991, at 10 a.m. Information may be obtained from Mike Bukala, P.O. Box 7555, Waco, Texas 76714-7555, (817) 776-1441. TRD-9107870. The Central Appraisal District of Nolan County Board of Directors met at the Nolan County Courthouse, Third Floor, Sweetwater, July 9, 1991, at 7 a.m. Information may be obtained from Patricia Davis, P.O. Box 1256, Sweetwater, Texas 79556, (915) 235-8421. TRD-9107878. The High Plains Underground Water Conservation District Number 1 Board of Directors' met in the Conference Room, 2930 Avenue Q, Lubbock, July 9, 1991, at 10 a.m. Information may be obtained from A. Wayne Wyatt, 2930 Avenue Q, Lubbock, Texas 79405. TRD-9107867. The West Central Texas Council of Governments Texas Regional Planning Commission's Employee Benefit Plan Board of Trustees met at the Radisson Hotel, Austin, July 10, 1991, at 9 a.m. Information may be obtained from Tom Smith, P.O. Box 3195, Abilene, Texas 79604, (915) 672-8544. TRD-9107874. Meetings Filed July 3, 1991 The Bosque Central Appraisal District Board of Directors will meet at the Bosque Central Appraisal District Office, 104 West Morgan Street, Meridian, July 10, 1991, at 2:30 p.m. Information may be obtained from Don Whitney, P.O. Box 393, Meridian, Texas 76665-0393, (817) 435-2304. TRD-9107955. The Canyon Regional Water Authority The Board met at 529 South Center Street, Marion, July 8, 1991, at 7:30 p.m. Information may be obtained from David Davenport, P.O. Box 188, Marion, Texas 78124, (512) 420-2323. TRD-9107899. The Cass County Appraisal District Board of Directors met at the Cass County Appraisal District Office, 502 North Main Street, Linden, July 8, 1991, at 7 p.m. Information may be obtained from Janelle Celements, P.O. Box 1150, Linden, Texas 75563, (903) 756-7545. TRD-9107956. The Concho Valley Council of Governments Executive Committee met at 5014 Knickerbocker Road, San Angelo, July 10, 1991, at 7 p.m. Information may be obtained from Robert R. Weaver, P.O. Box 60050, San Angelo, Texas 76906, (915) 944-9666. TRD-9107951. The County Education District Board of Trustees met at the Hood County Courthouse, County Clerk's Office, Room 5, 101 East Pearl, Granbury, July 3, 1991, at 2:30 p.m. Information may be obtained from Harold Chesnut, P.O. Box 819, Granbury, Texas 76048, (817) 573-2471. TRD-9107917. The El Oso Water Supply Corporation Board of Directors met at their Office, FM 99, Karnes City, July 9, 1991, at 7 a.m. Information may be obtained from Hilmer Wagener, P.O. Box 309, Karnes City, Texas 78118, (512) 780-3539. TRD-9107958. The Erath County Appraisal District Appraisal Review Board met in the board Room, 1390 Harbin Drive, Stephenville, July 9-11, 1991, at 9 a.m. and (1:00 p.m. Wednesday only). Information may be obtained from Trecia Perales, 1390 Harbin Drive, Stephenville, Texas 76401, (817) 965-7301. TRD-9107923. The Erath County Appraisal District Board of Directors met in the Board Room, 1390 Harbin Drive, Stephenville, July 10, 1991, at 9:30 a.m. Information may be obtained from Jerry Lee, 1390 Harbin Drive, Stephenville, Texas 76401, (817) 965-5434. TRD-9107922. The Gregg Appraisal District Board of Directors met at 2010 Gilmer Road, Longview, July 11, 1991, at 10 a.m. Information may be obtained from William T. Carroll, P.O. Box 6700, Longview, Texas 75608, (903) 759-0015. TRD-9107918. The Hays County Appraisal District Appraisal Review Board met at 632 A East Hopkins Street, Municipal Building, San Marcos, July 9, 1991, at 9 a. m. Information may be obtained from Lynnell Sedlar, 632 A East Hopkins Street, San Marcos, Texas 78666, (512) 754-7400. TRD-9107957. The Hickory Underground Water Conservation District Number 1 Board and Advisors met at 2023 South Bridge, Brady, July 11, 1991, 7 p.m. Information may be obtained from Lorna Moore, P.O. Box 1214, Brady, Texas 76825, (915) 597-2789. TRD-9107919. The Hockley County Appraisal District Board of Directors met at 1103-C Houston Street, Levelland, July 8, 1991, at 7 p.m. Information may be obtained from Nick Williams, P.O. Box 1090, Levelland, Texas 79336, (806) 894-9654. TRD-9107924. The Hunt County Appraisal District Board of Directors met at the Hunt County Appraisal District, Board Room, 4801 King Street, Greenville, July 11, 1991, at 6:30 p.m. Information may be obtained from Melda Hart, Lynda Crombie, or Brenda Swinson, P.O. Box 1339, Greenville, Texas 75401, (903) 454-3510. TRD-9107926. The Lower Colorado River Authority Retirement Benefits Committee met at 3700 Lake Austin Boulevard, Austin, July 9, 1991, at 1 p.m. Information may be obtained from Glen E. Taylor, P.O. Box 220, Austin, Texas 78767, (512) 473-4043. TRD-9107962. The North Central Texas Council of Governments for the Local Government Investment Fund for Texas will meet at 616 Six Flags Drive, Centerpoint Two, Arlington, July 12, 1991, at noon. Information may be obtained from Charles Cason III, P.O. Drawer COG, Arlington, Texas 740-3300, (817) 640-3300, ext. 110. TRD-9107948. The Nueces-Jim Wells-Kleberg-Kenedy Soil and Water Conservation District Board of Directors will meet at Kenny B's, Highway 77N, Robstown, July 16, 1991, at 7:30 a.m. Information may be obtained from Denise Lawhon, 710 East Main Street, Robstown, Texas 78380. TRD-9107920. The Panhandle Ground Water Conservation District Number Three Board of Directors met at the Water District Office, 300 South Omohundro, White Deer, July 9, 1991, at 8 p.m. Information may be obtained from C. E. Williams, P. O. Box 637, White Deer, Texas 79097, (806) 883-2501. TRD-9107943. The Tarrant Appraisal District Board of Directors met at 2301 Gravel Road, Fort Worth, July 11, 1991, at 9 a.m. Information may be obtained from Mary McCoy, 2315 Gravel Road, Fort Worth, Texas 76118. TRD-9107921. The TWCA Risk Management Fund Executive Committee met at 816 Congress Avenue, Vinson and Elkins, Austin, July 8, 1991, at 10 a.m. Information may be obtained from Leroy Goodson, 221 East Ninth Street, #206, Austin, Texas 78701, (512) 472-7216. TRD-9107947. Meetings Filed July 5, 1991 The Barton Springs/Edwards Aquifer Conservation District Board of Directors met at 1124 A Regal Row, Austin, July 9, 1991, at 5 p.m. Information may be obtained from Bill E. Couch, 1124 A Regal Row, Austin, Texas 78748, (512) 282-8441. TRD-9107994. The Central Appraisal District of Johnson County Board of Directors will meet at 109 North Main Street, Suite 201, Room 202, Cleburne, July 17, 1991, at 4:30 p.m. Information may be obtained from Priscilla A. Bunch, 109 North Main Street, Cleburne, Texas 76031, (817) 645-3986. TRD-9108039. The Dallas Area Rapid Transit Procurement Ad Hoc Committee met at the DART Office, 601 Pacific Avenue, Executive Conference Room, Dallas, July 9, 1991, at 2 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9108053. The Dallas Area Rapid Transit Mobility Impaired Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, July 9, 1991, at 2 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9108055. The Dallas Area Rapid Transit Operations Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, July 9, 1991, at 3 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9108056. The Dallas Area Rapid Transit Operations/Planning and Development Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, July 9, 1991, at 4 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9108057. The Dallas Area Rapid Transit Board met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, July 9, 1991, at 6:30 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9108058. The Denton Central Appraisal District Appraisal Review Board will meet at 3911 Morse Street, Denton, July 17, 1991, at 9 a.m. Information may be obtained from John D. Brown, 3911 Morse Street, Denton, Texas 76205, (817) 566-0904. TRD-9108041. The Dewitt County Appraisal District Appraisal Review Board will meet at the Dewitt County Appraisal District Office, 103 Bailey Street, Cuero, July 12, 1991, at 9 a.m. Information may be obtained from John Haliburton, P.O. Box 4, Cuero, Texas 77954, (512) 275-5753. TRD-9108005. The Eastland County Appraisal District Board of Directors will meet at the Commissioners' Courtroom, Eastland County Courthouse, Eastland, July 17, 1991, at 1 p.m. Information may be obtained from Steve Thomas, P.O. Box 914, Eastland, Texas 76448, (817) 629-8597. TRD-9108026. The Ellis County Appraisal District Appraisal Review Board met at 406 Sycamore Street, Waxahachie, July 8, 1991, at 9 a.m. Information may be obtained from Dorothy Phillips, P.O. Box 878, Waxahachie, Texas 75165, (214) 937-3552. TRD-9107992. The Erath County Appraisal District Appraisal Review Board will meet at 1390 Harbin Drive, Board Room, Stephenville, July 16, 1991, at 9 a.m. Information may be obtained from Trecia Perales, 1390 Harbin Drive, Stephenville, Texas 76401, (817) 965-5434. TRD-9108024. The Hansford Appraisal District Appraisal Review Board met at 709 West Seventh Street, Spearman, July 11, 1991, at 9:30 a.m. Information may be obtained from Alice Peddy, P.O. Box 567, Spearman, Texas 79081, (806) 659-5575. TRD-9108028. The Hays County Appraisal District Board of Directors met at 632 A East Hopkins Street, Municipal Building, San Marcos, July 11, 1991, at 3:30 p.m. Information may be obtained from Lynnell Sedlar, 632 A East Hopkins Street, San Marcos, Texas 78666, (512) 754-7400. The Lamb County Appraisal District Appraisal Review Board will meet at 330 Phelps Avenue, Littlefield, July 16, 1991, at 8 a.m. Information may be obtained from Vaughn E. McKee, P.O. Box 552, Littlefield, Texas 79339, (806) 385-6474. TRD-9108027. The Leon County Central Appraisal District Appraisal Review Board met at the Leon County Central Appraisal District Office, Gresham Building, Centerville, July 9-10, 1991, at 9 a.m. Information may be obtained from Robert M. Winn, P.O. Box 536, Centerville, Texas 75833, (903) 536-2252. TRD-9108047. The Lampasas County Appraisal District Board of Directors will meet at 109 East Fifth Street, Lampasas, July 18, 1991, at 7 p.m. Information may be obtained from Janice Henry, P.O. Box 175, Lampasas, Texas 76550, (512) 556-8058. TRD-9108018. The Lavaca County Central Appraisal District Appraisal Review Board met at the Lavaca County Central Appraisal District, 113 North Main Street, Hallettsville, July 11, 1991, at 9 a.m. Information may be obtained from Diane Munson, P.O. Box 386, Hallettsville, Texas 77964, (512) 798-4396. TRD-9108025. The Mills County County Appraisal District Board of Review met at the Mills County Courthouse, Goldthwaite, July 10, 1991, at 9 a.m. Information may be obtained from Doran E. Lemke, P.O. Box 565, Goldthwaite, Texas 76844, (915) 648-2253. TRD-9108006. The Nortex Regional Planning Commission Executive Committee will meet at the Wichita Falls Activities Center, Room 214, 10th and Indiana Streets, Wichita Falls, July 18, 1991, at noon. Information may be obtained from Dennis Wilde, 2101 Kemp Boulevard, Wichita Falls, Texas 76309, (817) 322-5281. TRD-9108040. The Palo Pinto Appraisal District Board of Directors will meet at the Palo Pinto County Courthouse, Palo Pinto, July 17, 1991, at 3 p.m. Information may be obtained from Jackie F. Samford, P.O. Box 250, Palo Pinto, Texas 76072, (817) 659-1234. TRD-9108021. The Red River Authority of Texas Board of Directors will meet at the Wichita Falls Activity Center, 607 Tenth Street, Wichita Falls, July 17, 1991, at 9:30 a.m. Information may be obtained from Ronald J. Glenn, 900 Eighth Street, Suite 520, Wichita Falls, Texas 76301, (817) 723-8697. TRD-9108008. The Sabine Valley Center Personnel Committee held an emergency meeting at the Administration Building, 107 Woodbine Place, Longview, July 8, 1991, at 6:30 p.m. Information may be obtained from Mack O. Blackwell, P.O. Box 6800, Longview, Texas 75608, (903) 758-2471. TRD-9108052. The Sabine Valley Center Board met at the Administration Building, 107 Woodbine Place, Longview, July 8, 1991, at 7 p.m. The emergency revised agenda was necessary as a decision needed to be made on the two emergency items before the Board of Trustees meeting on August 12, 1991. Information may be obtained from Mack O. Blackwell, P.O. Box 6800, Longview, Texas 75608, (903) 758-2471. TRD-9108054. The South Plains Association of Governments Executive Committee met at 1323 58th Street, Lubbock, July 9, 1991, at 8:30 a.m. Information may be obtained from Jerry D. Casstevens, P.O. Box 3730, Lubbock, Texas 79452-3730, (806) 762-8721. TRD-9108003. The South Plains Association of Governments Board of Directors met at 1323 58th Street, Lubbock, July 9, 1991, at 10 a.m. Information may be obtained from Jerry D. Casstevens, P.O. Box 3730, Lubbock, Texas 79452-3730, (806) 762-8721. TRD-9108004. The Sulphur-Cypress Soil and Water Conservation District #419 met at 1809 West Ferguson, Suite B, Mt. Pleasant, July 10, 1991, at 8:30 a.m. Information may be obtained from Beverly Amerson, 1809 West Ferguson, Suite B, Mt. Pleasant, Texas 75455, (214) 572-5411. TRD-9108023 The Swisher County Appraisal District Board of Directors met at 130 North Armstrong, Tulia, July 11, 1991, at 7:30 p.m. Information may be obtained from Rose Lee Powell, P.O. Box 8, Tulia, Texas 79088, (806) 995-4118. TRD-9108019. The Swisher County Appraisal District Appraisal Review Board will meet at 130 North Armstrong, Tulia, July 16, 1991, at 11 a.m. Information may be obtained from Rose Lee Powell, P.O. Box 8, Tulia, Texas 79088, (806) 995-4118. TRD-9108020. The Texas Municipal Power Agency (TMPA) Personnel Committee met at the Brazosland Properties, Downstairs Conference Room, 4103 South Texas Avenue, Bryan, July 10, 1991, at 7 p.m. Information may be obtained from Carl J. Shahady, P.O. Box 7000, Bryan, Texas 77805, (409) 873-2013. TRD-9108015. The Texas Municipal Power Agency (TMPA) Board of Directors met at the Gibbons Creek Steam Electric Station, 2 1/2 miles North of Carlos on FM 244, July 11, 1991, at 9 a.m. Information may be obtained from Carl J. Shahady, P.O. Box 7000, Bryan, Texas 77805, (409) 873-2013. TRD-9108016. Meetings Filed July 8, 1991 The Brazos River Authority Board of Directors will meet at 4400 Cobbs Drive, Waco, July 15, 1991, at 10 a.m. Information may be obtained from Mike Bukala, P.O. Box 7555, Waco, Texas 76714-7555, (817) 776-1441. TRD-9108069. The Deep East Texas Council of Governments Regional Review Committee will meet at the Lufkin City Hall, Council Chambers, 300 Shepard Avenue, Lufkin, July 12, 1991, at 9:30 a.m. Information may be obtained from Rusty Phillips, 274 East Lamar Street, Jasper, Texas 75951, (409) 384-5704. TRD-9108131. The Dewitt County Appraisal District Board of Directors will meet at the Dewitt County Appraisal District Office, 103 Bailey Street, Cuero, July 16, 1991, at 7:30 p.m. Information may be obtained from John Haliburton, P.O. Box 4, Cuero, Texas 77954, (512) 275-5753. TRD-9108065. The Fisher County Appraisal District Board of Directors will meet at the Fisher County Appraisal/Tax Office, Roby, July 16, 1991, at 7:30 p.m. Information may be obtained from Teddy Kral, P.O. Box 516, Roby, Texas 79543, (915) 776-2733. TRD-9108067. The Fisher County Appraisal District Appraisal Review Board will meet at the Fisher County Commissioners' Courtroom, Roby, July 25, 1991, at 9 a. m. Information may be obtained from Teddy Kral, P.O. Box 516, Roby, Texas 79543, (915) 776-2733. TRD-9108066. The Greater Austin-San Antonio Corridor Council, Inc. Executive Committee will meet at the Zilker Garden Center, 2220 Barton Springs Road, Austin, July 12, 1991, at 1:30 p.m. Information may be obtained from Dolores Sullivan, P.O. Box 1618, San Marcos, Texas 78667-1618, (512) 245-2535. TRD-9108060. The Greater Austin-San Antonio Corridor Council, Inc. Board of Directors will meet at the Zilker Garden Center, 2220 Barton Springs Road, Austin, July 12, 1991, at 3:30 p.m. Information may be obtained from Dolores Sullivan, P.O. Box 1618, San Marcos, Texas 78667-1618, (512) 245-2535. TRD-9108059. The Gregg Appraisal District Board of Directors will meet at 2010 Gilmer Road, Longview, July 15, 1991, at 10 a.m. (rescheduled from July 11, 1991) . Information may be obtained from William T. Carroll, P.O. Box 6700, Longview, Texas 75608, (903) 759-0015. TRD-9108062. The Gregg Appraisal District Appraisal Review Board will meet at 2010 Gilmer Road, Longview, July 16, 1991, at 9 a.m. Information may be obtained from William T. Carroll, P.O. Box 6700, Longview, Texas 75608, (903) 759-0015. TRD-9108068. The Hamilton County Appraisal District will meet at the Hamilton County Appraisal District Boardroom, 119 East Henry Street, Hamilton, July 23, 1991, at 7 a.m. Information may be obtained from Doyle Roberts, 119 East Henry Street, Hamilton, Texas 76531, (817) 386-8945/8946. TRD-9108071. The Jack County Appraisal District Board of Directors will meet at 210 North Church Street, JCAD Conference Room, Jacksboro, July 16, 1991, at 7 p. m. Information may be obtained from J. D. Garcia or Donna Hartzell, P.O. Box 958, Jacksboro, Texas 76056, (817) 567-6301. TRD-9108143. The Jones County Appraisal District Appraisal Review Board will met at the District's Office, 1137 East Court Plaza, Anson, July 11, 1991, at 1 p.m. Information may be obtained from John Steele, 1137 East Court Plaza, Anson, Texas 79501, (915) 823-2422. TRD-9108070. The Liberty County Central Appraisal District Appraisal Review Board held an emergency meeting at 315 Main Street, Liberty, July 10, 1991, at 1: 30 p.m. Information may be obtained from Sherry Greak, P.O. Box 10016, Liberty, Texas 77575, (409) 336-5722. TRD-9108113. The Nortex Regional Planning Commission North Texas State Planning Region Consortium will meet at the Wichita Falls Activity Center, 10th and Indiana Street, Room 214, Wichita Falls, July 18, 1991, at 12:15 p.m. Information may be obtained from Fritz Taylor, P.O. Box 5133, Wichita Falls, Texas 76307, (817) 322-5281. The Sabine Valley Center Board of Trustees met at the Administration Building, 107 Woodbine Place, Bramlette Lane, Longview, July 8, 1991, at 7 p.m. The emergency revised agenda was necessary as air conditioners needed to be purchased for the comfort of clients. Information may be obtained from Mack O. Blackwell, P.O. Box 6800, Longview, Texas 75608, (903) 758-2471. TRD-9108120. The San Antonio River Authority Board of Directors held an emergency meeting at the SARA General Offices, 100 East Guenther Street, San Antonio, July 9, 1991, at 2 p.m. Information may be obtained from Fred N. Pfeiffer, P.O. Box 830027, San Antonio, Texas 78283-0027, (512) 227-1373. TRD-9108130. The Swisher County Appraisal District Board of Directors held an emergency meeting at the El Matador Cafe, 529 Highway 87, Tulia, July 11, 1991, at 7:30 a.m. (rescheduled from 7:30 p.m. to 7:30 a.m.). The emergency status was necessary as board members could only attend at 7:30 a.m. Information may be obtained from Rose Lee Powell, P.O. Box 8, Tulia, Texas 79088, (806) 995-4118. TRD-9108064. The Tyler County Appraisal District Appraisal Review Board will meet at 806 West Bluff, Woodville, July 15, 1991, at 9 a.m. Information may be obtained from Linda Lewis, P.O. Drawer 9, Woodville, Texas 75979, (409) 283-3736. TRD-9108086. The Tyler County Appraisal District Appraisal Review Board will meet at 806 West Bluff, Woodville, July 16, 1991, at 9 a.m. Information may be obtained from Linda Lewis, P.O. Drawer 9, Woodville, Texas 75979, (409) 283-3736. TRD-9108087. The Tyler County Appraisal District Appraisal Review Board will meet at 806 West Bluff, Woodville, July 17, 1991, at 9 a.m. Information may be obtained from Linda Lewis, P.O. Drawer 9, Woodville, Texas 75979, (409) 283-3736. TRD-9108085. The Wise County Appraisal District Board of Directors will meet at 206 South State Street, Board Room, Decatur, July 25, 1991, at 9 a.m. Information may be obtained from Brenda Jones, 206 South State Street, Decatur, Texas 76234, (817) 627-3081. TRD-9108063. Meetings Filed July 9, 1991 The Brazos Valley Development Council Executive Committee will meet at the Council Offices, 3006 East 29th Street, Door Number Two, Bryan, July 18, 1991, at 1:30 p.m. Information may be obtained from Glenn J. Cook, P.O. Drawer 4128, Bryan, Texas 77805-4128, (409) 776-2277. TRD-9108150. The Kendall County Appraisal District Board of Directors will meet at 207 East San Antonio Street, Boerne, July 25, 1991, at 5 p.m. Information may be obtained from Alton Pfieffer, P.O. Box 788, Boerne, 78006, (512) 249-8012. TRD-9108149. The Permian Basin Regional Planning Commission Board of Directors held an emergency meeting at the PBRPC Offices, Midland International Airport, Midland, July 10, 1991, at 1:30 p.m. The emergency status was necessary as the Post Office did not deliver the notice of open meeting in time. Information may be obtained from Terri Moore, P.O. Box 60660, Midland, Texas 79711, (915) 563-1061. TRD-9108148. The San Antonio River Authority Board of Directors will meet at the Stockdale Community Building, 700 West Main Street, Stockdale, July 17, 1991, at 1:30 p.m. Information may be obtained from Fred N. Pfeiffer, P.O. Box 830027, San Antonio, Texas 78282-0027, (512) 227-1373. TRD-9108147. ISSUE OFJuly 12, 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. State Banking Board Notice of Hearing The hearing officer of the State Banking Board will conduct a hearing on August 20, 1991, at 9 a.m., at 2601 North Lamar Boulevard, Austin, on the charter application for South Plains Bank, Levelland. The application is a conversion from the South Plains National Bank, Levelland, to a state-chartered bank. Additional information may be obtained from William F. Aldridge, Director of Corporate Activities, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, (512) 479-1200. Issued in Austin, Texas, on July 2, 1991. TRD-9107954 William F. Aldridge Director of Corporate Activities Texas Department Banking Filed: July 3, 1991 For further information, please call: (512) 479-1200 Notice of Hearing Cancellation As no opposition has been noted in the application for domicile change by the Texas A&M Foundation Trust Company, College Station, the hearing previously scheduled for Monday, July 8, 1991, has been cancelled. Issued in Austin, Texas, on June 28, 1991. TRD-9107806 William F. Aldridge Director of Corporate Activities State Banking Board Filed: July 1, 1991 For further information, please call: (512) 479-1200 Office of Consumer Credit Commissioner Notice of Rate Bracket Adjustments The Consumer Credit Commissioner of Texas has ascertained the following brackets and ceilings by use of the formula and method described in Article 2.08, Title 79, Revised Civil Statutes of Texas, as amended (Article 5069-2.08, Vernon's Texas Civil Statutes). The ceiling amount in Article 3.01(1) is changed to $9,500 . The amounts of brackets in Article 3.15(1) are changed to $1,140 and $9,500, respectively. The ceiling amount in Article 3.16(6) is changed to $380 . The amounts of the brackets in Article 6.02(9)(a) are changed to $1, 900 and $3,800, respectively. The amount of the bracket in Article 6.03(3) is changed to $1,900. The ceiling amount in Article 51.12 is changed to $9,500 . The amounts of the brackets in Article 51.12 are changed to $114, $380 and $1,140 respectively. The above dollar amounts of the brackets and ceilings shall govern all applicable credit transactions and loans made on or after July 1, 1991 and extending through June 30, 1992. Issued in Austin, Texas, on January 16, 1991. TRD-9108011 Al Endsley Consumer Credit Commissioner Filed: July 5, 1991 For further information, please call: (512) 479-1280 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Texas Civil Statutes, Title 79, Articles 1.04, 1.05, 1.11, and 15.02, as amended (Texas Civil Statutes, Articles 5069-1.04, 1.05, 1.11, and 15.02). Issued in Austin, Texas, on July 1, 1991. TRD-9107940 Al Endsley Consumer Credit Commissioner Filed: July 3, 1991 For further information, please call: (512) 479-1280 Governor's Energy Office Consultant Proposal Request This request for professional services is filed pursuant to the provisions of Texas Civil Statutes, Article 6252-11c. Notice of Invitation . The Governor's Energy Office (GEO) invites proposals from qualified firms, agencies, institutions, or individuals to monitor the design and construction implementation of energy cost reduction measurers (ECRMs) recommended under the LoanSTAR (Save Taxes And Resources) retrofit demonstration loan program for state agencies, local governments, and school districts. The consultant(s) selected will be responsible for monitoring all phases of the implementation process, including design document review, retrofit installation review, and system performance review. Services to be Performed . The construction monitoring contractor (CMC) will: verify that the energy cost reduction measures are designed according to the original engineering audit recommendations through all required phases of the design process and provide written authorization to proceed with construction; assure that the project is bid in accordance with the contract documents and that all conditions of the contract documents relative to construction of the energy related projects are complied with; recommend approval or disapproval of proposed project changes and cost-related change orders; verify that the monitoring subcontractor has installed the meters prescribed by the metering plan and has obtained the necessary data prior to implementation of the ECRMs; verify that correct materials and equipment are acquired for implementation of the ECRMs; inspect installation of ECMs and verify in writing that the performance is as specified; and provide monthly tracking and status reports for the overall program and individual projects. Contact Person. To obtain additional information concerning this project, contact Lee Gros, Deputy Manager, Institutional Energy Management Department, Governor's Energy Office, P.O. Box 12428, Austin, Texas 78711, (512) 463-1931. Closing Date. Six copies of the sealed proposals should be sent to: Barbara Hays, Governor's Energy Office, P.O. Box 12428, Austin, Texas 78711, (512) 463-1931. The GEO is located on the sixth floor of the Sam Houston State Office Building, 201 East 14th Street, Austin, Texas 78701. Proposals should be sent by certified mail or courier or be hand delivered, and must be postmarked or received no later than 5 p.m., August 6, 1991. Proposals received after that time and proposals submitted by facsimile will not be considered. Selection Criteria. Proposals should be no longer than 20 pages and must specifically cover the selection criteria in the following order: ability to assign sufficient qualified and experienced personnel to the project, including a professional engineer or architect, licensed in Texas; previous work experience directly related to this type of project, including: construction monitoring, inspection, observation; and design and/or construction of energy related systems for building; applicability and effectiveness of methodology proposed for assuring project performance; demonstrated ability to track construction projects of various types and sizes; applicability and effectiveness of demonstrated tracking system; and quality and organization of the proposal itself. Contract award will be based on the criteria listed preceding. The GEO reserves the right to negotiate both budget and scope of work with the finalist(s). The GEO reserves the right to reject any or all proposals and is under no legal requirement to execute a contract on the basis of this consultant proposal request. Final selection of the contractor(s) will be based on the recommendations of a proposal review committee. If two or more proposals are ranked so closely that a decision cannot be made, the review committee may request finalists to provide additional information or to meet with GEO staff in Austin prior to final selection of contractor(s). No respondent will be reimbursed for any costs incurred in the preparation, submission, or clarification of a proposal. Issued in Austin, Texas, on July 1, 1991. TRD-9107837 Bob Armstrong Director Governor's Energy Office Filed: July 1, 1991 For further information, please call: (512) 463-1931 This request for consulting services is filed pursuant to the provisions of Texas Civil Statutes, Article 6252-11c. Notice of Invitation . The Governor's Energy Office (GEO) invites proposals from qualified individuals to provide localized assistance to public school districts in controlling energy costs. The primary targets for this assistance will be smaller districts (10 schools or less) with severely limited staffs and resources to commit to energy management efforts and larger districts seeking personalized assistance in developing comprehensive energy management programs. Regional school energy coordinators selected to provide this service will: serve as local resources to answer school energy questions; gather information from local school districts to determine their energy needs and assist them in obtaining technical services provided by the GEO; make site visits to area school districts to address energy-related problems faced by school administrators; conduct regional training sessions to instruct school district personnel on the proper installation and use of computerized energy accounting software; and coordinate regional meetings for school energy managers and operational personnel. The GEO is particularly interested in receiving proposals from individuals who have had experience in setting up and managing school energy programs. Individual coordinators will be selected to continue the existing program now under contract to the GEO and will serve school districts in all areas of the state. The suggested service regions are based on areas delineated by the Regional Education Service Center (ESC) boundaries and are as follows: Area I-ESC Regions 1 and 2; Area II-ESC Regions 3, 4, and 5; Area III-ESC Regions 6 and 12; Area IV-ESC Regions 7 and 8; Area V-ESC Regions 9 and 14; Area VI-ESC Regions 10 and 11; Area VII-ESC Regions 13 and 20; Area VIII-ESC Regions 15 and 18 northeast of the Pecos River; Area IX-ESC Regions 16 and 17; Area X-ESC Regions 19 and 18 southwest of the Pecos River. The