ISSUE OFAugust 9, 1991" Volume 16, Number 59, August 9, 1991 Pages 4303-4378 Office of the Governor Appointments Made July 18, 1991 4313-Texas Appraiser Licensing and Certification Board Appointments Made July 25, 1991 4313-State Board of Canvassers 4313-Gulf of Mexico Program Citizens Advisory Committee 4313-Juvenile Justice and Delinquency Prevention Advisory Board Appointments Made July 30, 1991 4313-Texas Planning Council For Developmental Disabilities 4314-Executive Order Emergency Sections General Land Office 4315-Relationship Between Agency and Private Organizations Texas Water Commission 4315-Underground and Aboveground Storage Tanks Proposed Sections State Securities Board 4321-Rules of Practice in Contested Case 4321-Transactions Exempt from Registration Public Utility Commission of Texas 4322-Substantive Rules Texas Department of Health 4323-Athletic Trainers Interagency Council on Early Childhood Intervention 4326-Early Childhood Intervention Program General Land Office 4335-Oil Spill Prevention Texas Department of Human Services 4344-Medically Needy Program Withdrawn Sections State Securities Board 4347-Transactions Exempt from Registration Board of Nurse Examiners 4347-Bylaws Adopted Sections State Securities Board 4349-Transactions Exempt from Registration 4349-Securities Exempt from Registration 4350-Dealers and Salesmen 4350-Exemptions by Rule or Order Board of Nurse Examiners 4351-Licensure and Practice 4351-Delegation of Selected Nursing Tasks by Registered Nurses to Unlicensed Personnel Interagency Council on Early Childhood Intervention 4352-Early Childhood Intervention Program Texas Workers' Compensation Commission 4352-General Provisions-Practice and Procedure 4352-General Provisions-Required Notices of Coverage General Land Office 4353-Exploration of Oil and Gas 4354-Relationship between Agency and Private Organizations Texas Parks and Wildlife Department 4354-Fisheries and Wildlife Commission on Jail Standards 4357-Compliance and Enforcement Texas Department of Human Services 4358-Income Assistance Services 4358-Medicaid Programs-Children and Pregnant Women Texas Employment Commission 4358-Unemployment Insurance Open Meetings 4361-Texas Department on Aging 4361-Texas Department of Agriculture 4362-Bond Review Board 4362-Texas Department of Commerce 4362-Texas Diabetes Council 4362-Texas Employment Commission 4363-Fire Fighters Pension Commission 4363-Texas Department of Health 4363-Texas Housing Agency 4363-State Board of Insurance 4364-Texas State Library and Archives Commission 4364-Texas Department of Licensing and Regulation 4364-Texas Department of Mental Health and Mental Retardation 4364-Texas State Board of Pharmacy 4364-Polygraph Examiners Board 4364-Public Utility Commission of Texas 4365-Texas Racing Commission 4365-Texas Low-Level Radioactive Waste Disposal Authority 4365-Railroad Commission of Texas 4365-Center for Rural Health Initiatives 4365-School Land Board 4365-State Securities Board 4366-Structural Pest Control Board 4366-Teacher Retirement System of Texas 4366-Texas Woman's University Board of Regents 4367-University of Texas Health Science Center at San Antonio 4367-University of Texas System 4367-Texas Water Commission 4368-Regional Meetings In Addition Texas Air Control Board 4371-Extension of Deadline for Written Comments 4371-Notice of Contested Case Hearing Number 285 Texas Animal Health Commission 4372-Correction of Error Texas Department of Community Affairs 4372-Notice of Block Grant Hearings Office of Consumer Credit Commissioner 4372-Notice of Rate Ceilings Governor's Energy Office 4373-Amendments to Consultant Proposal Requests 4373-Consultant Proposal Requests 4375-Notice of Contract Amendment Texas Department of Health 4375-Correction of Error 4375-Permit Application for Municipal Solid Waste Site Notice of Filing Texas State Library and Archives Commission 4375-Local Government Records Committee Texas State Board of Pharmacy 4376-Public Hearing Notice Public Utility Commission of Texas 4376-Notice of Intent to File Pursuant to PUC Substantive Rule 23.27 Texas Rehabilitation Commission 4376-Request for Proposals Veterans Land Board 4377-Requests for Proposals Texas Water Commission 4377-Notice of Delisting of State Superfund Site 4378-Public Hearing CONTENTS CONTINUED INSIDE ISSUE OFAugust 9, 1991" TAC Titles Affected TAC Titles Affected-August The following is a list of the administrative rules that have been published this month. TITLE 4. AGRICULTURE Part II. Animal Health Commission 4 TAC sec.35.2--4223 TITLE 7. BANKING AND SECURITIES Part VII. State Securities Board 7 TAC sec.105.10--4321 7 TAC sec.109.3--4349 7 TAC sec.109.5--4321, 4347 7 TAC sec.109.14--4322 7 TAC sec.111.2--4349 7 TAC sec.115.7--4350 7 TAC sec.139.12--4350 TITLE 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce 10 TAC sec.176.8--4261 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas 16 TAC sec.11.201--4203 Part II. Public Utility Commission of Texas 16 TAC sec.23.43--4322 16 TAC sec.23.45--4323 Part IV. Texas Department of Licensing and Regulation 16 TAC sec.69.208--4223 TITLE 22. EXAMINING BOARDS Part V. State Board of Dental Examiners 22 TAC sec.sec.116.1, 116.2, 116.4--4283 22 TAC sec.116.3--4283 Part XI. Board of Nurse Examiners 22 TAC sec.211.5--4347 22 TAC sec.217.10--4351 22 TAC sec.218.9--4351 Part XII. Board of Vocational Nurse Examiners 22 TAC sec.231.25, 231.48--4261 22 TAC sec.231.68--4262 22 TAC sec.233.41--4262 22 TAC sec.235.9, sec.235.18--4262 22 TAC sec.235.41--4263 Part XIII. Texas Board of Licensure for Nursing Home Administrators 22 TAC sec.247.2--4263 Part XIX. Polygraph Examiners Board 22 TAC sec.391.3--4284 22 TAC sec.397.40--4263 Part XXIII. Texas Real Estate Commission 22 TAC sec.531.18--4264 22 TAC sec.535.17--4284 22 TAC sec.535.66, sec.535.69--4264 22 TAC sec.535.91--4284 22 TAC sec.539.81--4285 22 TAC sec.sec.544.1-544.9--4265 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health 25 TAC sec.31.1--4224 25 TAC sec.31.3--4224 25 TAC sec.sec.313.1-313.6, 313.8, 313.12-313.13, 313.15, 313.17, 313.18--4323 Part II. Texas Department of Mental Health and Mental Retardation 25 TAC sec.sec.405.101-405.114--4203 Part VIII. Interagency COucil on Early Childhood Intervention 25 TAC sec.sec.621.22-621.26 621.28--4327 25 TAC sec.621.25--4352 25 TAC sec.621.41, 621.42. 621.44--4333 TITLE 28. INSURANCE Part I. State Board of Insurance 28 TAC sec.5.6302--4255 28 TAC sec.sec.19.621-19.630--4256 Part II. Texas Workers' Compensation Commission 28 TAC sec.102.7--4352 28 TAC sec.110.4--4352 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office 31 TAC sec.9.7--4353 31 TAC sec.sec.14.1-14.5--4315,4354 31 TAC sec.sec.19.1-19.6--4335 31 TAC sec.sec.19.11-19.20--4338 31 TAC sec.sec.19.31-19.39--4341 31 TAC sec.sec.19.51-19.54--4342 Part II. Parks and Wildlife Department 31 TAC sec.65.72--4354 31 TAC sec.65.261--4354 31 TAC sec.65.311--4355 Part III. Texas Air Control Board 31 TAC sec.101.1--4207 31 TAC sec.111.111--4265 31 TAC sec.111.121, sec.111.127--4207 31 TAC sec.sec.111.141, 111.145, 111.147--4266 Part IX. Texas Water Commission 31 TAC sec.281.26--4208 31 TAC sec.305.49, sec.305.50--4210 31 TAC sec.sec.305.66--4213 31 TAC sec.sec.305.101-305.103, 305.107--4213 31 TAC sec.305.147, sec.305.148--4214 31 TAC sec.sec.331.63--4225 31 TAC sec.sec.331.121--4215 31 TAC sec.sec.331.147, 305.148-- 31 TAC sec.sec.334.301, 334.302, 334.304-334.306, 334.310, 334.312-334.316, 334.322--4316 31 TAC sec.sec.334.312-334.316--4320 31 TAC sec.sec.335.1, 335.2--4218 31 TAC sec.335.43--4219 31 TAC sec.sec.335.180-335.183--4219 31 TAC sec.sec.335.202, 335.204, 335.205--4220 TITLE 34. PUBLIC FINANCE Part IV. Employees Retirement System of Texas 34 TAC sec.81.1--4285 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety 37 TAC sec.1.22--4267 37 TAC sec.1.231--4285 37 TAC sec.sec.33.2-33.4--4268 Part VIII. Commission on Fire Protection Personnel Standards and Education 37 TAC sec.233.5--4268 37 TAC sec.233.9--4269 37 TAC sec.233.113--4270 37 TAC sec.233.131--4270 37 TAC sec.239.7, sec.239.9--4270 37 TAC sec.sec.241.1, 241.3, 241.5, 241.7, 241.9, 241.11, 241.13, 241.15, 241.17--4271 37 TAC sec.sec.245.1, 245.3, 245.5, 245.7, 245.9, 245.11, 245.13, 245.15, 245.17, 245.19, 245.21--4273 37 TAC sec.247.1--4276 Part IX. Texas Commission on Jail Standards 37 TAC sec.297.9--4357 Part XI. Texas Juvenile Probation Commission 37 TAC sec.341.15--4286 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Humans Services 40 TAC sec.sec.2.1008, 2.1010, 2.1012, 2.1016--4344 40 TAC sec.3.501--4358 40 TAC sec.3.902--4354 40 TAC sec.4.1002--4358 40 TAC sec.10.2304--4259, 4276 40 TAC sec.27.2801--4225 40 TAC sec.47.6901--4225 40 TAC sec.49.601, sec.49.603--4277 40 TAC sec.sec.79.1701, 79.1702, 79.1704, 79.1709, 79.1713, 79.1714--4277 40 TAC sec.85.4013, sec.85.4021--4278 40 TAC sec.85.4050--4279 40 TAC sec.sec.85.4051-85.4057--4279 Part III. Texas Commission on Alcohol and Drug Abuse 40 TAC sec.151.72--4286 Part X. Texas Employment Commission 40 TAC sec.301.16--4358 TITLE 43. TRANSPORTATION Part I. State Department of Highways and Public Transportation 43 TAC sec.7.72--4226 The Governor As required by Texas Civil Statutes, Article 6252-13a, s6, the Texas Register publishes executive orders issued by the Governor of Texas. are published in Chronological order. Additional information on documents submitted for publication by the Governor's Office can be obtained by calling (512) 463-1814. Appointments Made July 18, 1991 To be a member of the Texas Appraiser Licensing and Certification Board for the term to expire January 31, 1993: Robert Allen Martin, 3406 Country Club Circle, Grand Prairie, Texas 75050. Mr. to a new position pursuant to House Bill Number 270, 72nd Legislature, Regular Session. To be a member of the Texas Appraiser Licensing and Certification Board for a term to expire January 31, 1993: Gary D. Condra, P.O. Box 6766, Lubbock, Texas 79493. Dr. Condra is new position pursuant to House Bill Number 270, 72nd Legislature, Regular Session. To be a member of the Texas Appraiser Licensing and Certification Board for a term to expire January 31, 1993: Leroy Singleton, Sr., 606 7th Street, Hempstead, Texas 77445. Mr. Singleton is new board pursuant to House Bill Number 270, 72nd Legislature, Regular Session. To be a member of the Texas Appraiser Licensing and Certification Board for a term to expire January 31, 1991: Lynette T. Fornerette, 7806 Chinon Circle, Houston, Texas 77071. Ms. Fornerette is new position pursuant to House Bill Number 270, 72nd Legislature, Regular Session. Appointments Made July 25, 1991 To be a member of the State Board of Canvassers for a term to expire February 1, 1993: Jean McClain Carr of Houston, however the board has been submitted be withdrawn. To be a member of the Gulf of Mexico Program Citizens Advisory Committee for a term at the pleasure of the Governor: John Griffin, 401 South William, Victoria, Texas 77901. Mr. Griffin is replacing Mr. Mary Yturria of Brownsville. To be a member of the Gulf of Mexico Program Citizens Advisory Committee for a term at the pleasure of the Governor: Edward F. Barr III, 325 Barracuda, Galveston, Texas 77550. Mr. Barr is replacing Ms. Deyaun Boudreaux of South Padre Island. To be a member of the Gulf of Mexico Program Citizens Advisory Committee for a term at the pleasure of the Governor: Sharron L. Stewart, 1711 Water Oak, Lake Jackson, Texas 77566. Ms. Stewart is replacing Dr. Quenton Dokken of Corpus Christi. To be a member of the Gulf of Mexico Program Citizens Advisory Committee for a term at the pleasure of the Governor: George Cason, Route 1, Box 76, Eagle Lake, Texas 77434. Mr. Cason is replacing Mr. Joe Dial of Victoria. To be a member of the Gulf of Mexico Program Citizens Advisory Committee for a term at the pleasure of the Governor: Fritzi G. Pikes, 3747 Parkwood Drive, Houston, Texas 77021. Ms. Pikes is replacing Mr. Frank Smith of Houston. To be a members of the Juvenile Justice and Delinquency Prevention Advisory Board for a terms at the pleasure of the Governor: Esther Alvarez, 4190 Bluebonnet Hilltop Road, Fort Worth, Texas 76126, (817) 763-5255, Tarrant, Seargent-F.W.P.D.; Santiago Barrera, Jr., Box 547, San Diego, Texas 78384, (512) 279-3322, Duval, Sheriff; Robert Baum, 314th District Court, 7719 Bellaire Boulevard, Houston, Texas 77036, (713) 774-1139, Harris, Judge; Raymond Bonney, 3105 Woodville Road, Apartment C., Bryan, Texas 77803, (409) 778-5902, Brazos, youth; Ron Castaneda, 8520 Red Willow Drive, Austin, Texas 78736 (512) 288-0405, Travis, youth; Olga Chavez, 125 Woodward, Apartment 201A, Austin, Texas 78704, (h) (512) 443-1430, (w) (512) 448-8400, Travis, youth; Arnaldo Corpus, 1401 East Griffin Parkway, Mission, Texas 78572, (512) 585-4528, Hidalgo, Justice of the Peace; Calvin Crenshaw, P.O. Box 600, Giddings, Texas 78942, (409) 542-2324, Lee; Stuart Feinblatt, Institutional Parole Office, 5809 Southwestern, Suite 120, Amarillo, Texas 79110, (h) (806) 355-2199 (w) (806) 355-9218, Potter; Raul C. Garcia, 3209 Rock Brooke, San Angelo, Texas 76904, (915) 944-5437, Tom Green; Jesus Garza, 901 San Augustine, Laredo, Texas 78040, (512) 721-2570, Webb, Judge; Pete Harrell, 9009 North Plaza #118, Austin, Texas 78753, (512) 837-3413, Travis; Bobby Heard, Texans' War on Drugs, 11044 Research Boulevard, Suite D200, Austin, Texas 78759, (512) 346-7591, Travis, youth; Thomas "Hollywood" Henderson, 1626 Palma Plaza, Unit #2, Austin, Texas 78703, (512) 476-0056, Travis; Christopher Hoelter, 2103 Quicksilver Boulevard, Austin, Texas 78744, (512) 444-6957, Travis, youth; Dr. M. L. Jackson, 1208 Meadow Street, Houston, Texas 77020, (h) (713) 673-5082, (w) (713) 227-2822, Harris; Ethel Jones, 1710 Plantivigne Road, Texarkana, Texas 75501, (903) 794-3651, Bowie, Principal-Dunbar Elementary School; Timothy Limon, 9200 North Plaza #2708, Austin, Texas 78753, (512) 835-1996, Travis, youth; Richard Marler, 2441 61st Street, Port Arthur, Texas 77640, (409) 963-1353, Jefferson, High School Coach; Robert Mendoza, 1407 East 2nd, Austin, Texas 78702, (512) 474-2180, Travis, teacher; Earline Mitchell, 4423 Seabreeze, San Antonio, Texas 78220, (512) 337-7019, Bexar, retired; Barrett Muhlenbruch, 4619 Gallagher Avenue, Laredo, Texas 78041, (512) 727-5450, Webb, youth; Benito Perez, P.O. Box 53, Crystal City, Texas 78839, (w) (512) 374-2553, (h) (512) 374-2496, Zavala, high school program director; Catherine Revett, 2505 Cinderella Lane, Amarillo, Texas 79121, (806) 358-7320, Potter, Teacher; Robin Dale Sage, P.O. Box 3462, Longview, Texas 75606, (903) 236-7959, Gregg, Judge; Robb Southerland, Texas Commission on Alcohol and Drug Abuse, Board Member, 221 West 6th Suite 2050, Austin, Texas 78701, (512) 499-8900, Travis; Theresa Andreas Tod, Texas Network of Youth Services, 406 West 40th Street, Austin, Texas 78751-4504, (512) 459-1455, Travis; Jane A. Wetzel, Juvenile Probation Commission, Board Member, 3311 Beverly, Dallas, Texas 75205, (512) 521-7515, Dallas. Appointments Made July 30, 1991 To be a member of the Texas Planning Council For Developmental Disabilities for a term to expire February 1, 1997: Genevieve Tarlton Hearon, #3 Clarendon Lane, Austin, Texas 78746. Ms. Hearon will be replacing Angela K. Lamb of Amarillo, whose term, expired. To be a member of the Texas Planning Council For Developmental Disabilities for a term to expire February 1, 1997: Anita Faye Smith Jones, 5842 Beldart, Houston, Texas 77033. Ms. Jones will be replacing Shirley Ann Menard of Shertz, whose term expired. To be a member of the Texas Planning Council For Developmental Disabilities for a term to expire February 1, 1997: Margaret Robinson, 4700 South Virginia #118, Amarillo, Texas 79109. Ms. Robinson will be replacing Jerry Hassell of Austin, whose term expired. Issued in Austin, Texas, on August 2, 1991. TRD-9109258 Ann W. Richards Governor of Texas ISSUE OFAugust 9, 1991"> Executive Order AWR 91-9 ESTABLISHING THE GOVERNOR'S TASK FORCE ON ECONOMIC TRANSITION WHEREAS, defense contract spending and the operation of military installations within the state have a significant impact on the Texas economy; and WHEREAS, changes in the global political climate and national budgetary priorities allow for decreases in defense spending and the closure of military facilities within these United States and within the State of Texas; and WHEREAS, the resulting economic dislocations and installation closings will seriously affect thousands of Texans and the Texas economy; and WHEREAS, the state must mobilize its resources to smooth the transition for its affected cities, industries, and employees to civilian activities; and WHEREAS, the state must take advantage of opportunities that will result from economic development and diversification; NOW, THEREFORE, I, Ann W. Richards, Governor of Texas, by the authority vested in me do hereby establish the Governor's Task Force on Economic Transition. The Task Force consists of the following persons: Secretary of State John Hannah, Chair; Joan Baker; Sandy Dochen; Dr. Jeff Dumas; Robert Gonzales; Paul Gormly; Horace Grace; Gloria Hernandez; Robert Kohler; Jeff Latcham; Donald R. Looney; Hans Mark; Gwen Marlin; Tommy Joe Mills; Dr. Leo Newland; Glen Peterson; A. L. Pollard; Doug Richardson; James M. Steed; Gwen Webb; Roger Williams; Mary Beth Williamson; and John Ybanez. The Task Force shall meet at the call of the Chair. Coordination of the Task Force will reside in the Governor's Department of Finance and Business Development. The Task Force is charged with the following responsibilities: 1. To determine the level and extent of the statewide economic impact of the military closings and to pinpoint regional and local economic impacts. 2. To advise state and local agencies on actions to encourage planning for the transition of military facilities, businesses, and workers to civilian activities. 3. To recommend ways in which state and local agencies can use existing resources to assist in retraining and employment of those persons adversely affected by closings and lay-offs. 4. To determine what role the state should play to help businesses and corporations find commercial markets for their military-oriented goods and services. The following state agencies are directed to cooperate with and assist the Task Force: The Texas Department of Commerce, the Texas Education Agency, the Texas Employment Commission, the Texas Department of Human Services, The Texas Higher Education Coordinating Board, and the Comptroller of Public Accounts. Given under my hand this 30th day of July, 1991. Issued in Austin, Texas on August 1, 1991. TRD-9109192 Ann W. Richards Governor of Texas 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 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 14. Relationship between Agency and Private Organizations 31 TAC sec.sec.14.1-14.5 The General Land Office is renewing the effectiveness of the emergency adoption of new sec.sec.14.1-14.5, for a 60-day period effective August 2, 1991. The text of new sec.sec.14.1-14.5 was originally published in the April 16, 1991, issue of the Texas Register (16 TexReg 2137). Issued in Austin, Texas, on August 2, 1991. TRD-9109256 Nell Cheslock Agency Liaison General Land Office Effective date: August 2, 1991 Expiration date: August 28, 1991 For further information, please call: (512) 463-5394 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 334. Underground and Aboveground Storage Tanks The Texas Water Commission (TWC) adopts on an emergency basis the repeal of sec.334.312-334.316, amendments to sec.sec.334.301, 334.302, 334.304-334.306, 334.308, 334.310, and 334.322 and new sec.sec.334.312-334.316, concerning interim reimbursement program. These emergency sections amend Subchapter H of 31 Texas Administrative Code, Chapter 334 (relating to interim reimbursement program). The amendments are adopted to implement certain provisions of House Bill 1214, which expanded the uses of the petroleum storage tank remediation fund, and to make some changes in current protest procedures. The amendments: change the owner/operator contribution or deductible" from $10,000 per occurrence to a sliding scale, based on the number of tanks owned and operated; allow for reimbursement for corrective action performed on or after September 1, 1987, instead of May 31, 1989; allow for the reimbursement of corrective action performed in response to releases from spent oil tanks and hydraulic lift systems; allow for lenders who have security interests in property containing tanks to obtain reimbursement for clean-up work performed before or after foreclosure; allow the owners of land containing "ghost tanks" (tanks which leaked but were removed before the current property owner bought the land) to receive reimbursement; allow persons who do not own tanks on their land, but who perform the clean-up to seek reimbursement; and eliminate one appeals step in the protest procedures to all protestants to go directly to the formal hearing process if the controversy cannot be resolved at the staff level. The commission anticipates that other amendments to Subchapter H will be adopted in the near future to address the other provisions of House Bill 1214. These changes are adopted on an emergency basis because the contamination caused by leaking petroleum storage tanks can threaten the health and safety of the public and cause damage to the environment. New legislation providing funds to be used to clean up sites which may not have been eligible for clean-up funding before and an immediate need to streamline the applications and protest process in order to facilitate clean-ups makes immediate adoption of these rules necessary. Section 334.301 (relating to applicability of this subchapter) is amended to provide that corrective action performed on or after September 1, 1987 is subject to reimbursement. Under prior rules, the date was May 31, 1989. This section is also amended to allow the executive director to prescribe applications and processing procedures for the new allowable costs authorized for reimbursement under House Bill 1214. The date June 16, 1991 is used in the rule. That is the effective date of House Bill 1214. Subsection (e) of this section has been omitted. This subsection limited the application of the reimbursement program to petroleum storage tanks. House Bill 1214 allows reimbursement for releases emanating from spent oil tanks and hydraulic lift systems as well. Section 334.302 (relating to general conditions and limitations regarding reimbursement-interim period) is amended in subsections (c) and (d) to eliminate the $10,000 deductible on corrective action coverage under the petroleum storage tank remediation fund and allow for the new sliding scale deductible authorized by House Bill 1214. Subsection (d)(3) of this section was amended to clarify the existing rule that eligible owners, eligible operators, and also their agents or assignees for payment may receive reimbursement. Subsection (e) was amended to eliminate redundant language in the rule. No substantive change is intended by the amendment to subsection (e). Subsection (i) was amended to add the word "eligible," which is not a change in the substance of the rules. Section 334.302(k) is amended by placing the date of July 17, 1990 in subsection (k)(1)(C). This does not constitute a change from the current rule in regard to insurers. The current rule allows for persons receiving agency agreements and assignments from eligible owners and operators to receive reimbursement, but it only applies to transactions occurring on or after July 17, 1990 (see sec.334.301(h) of the current rule (relating to Applicability of this Subchapter)). This rule preserves that date in regard to insurance policies. Section 334.304 (relating to who may file application-interim period) is amended by saying that eligible owners and operators and their agents may file applications for reimbursement. The current rule limits the people who may file to owners and operators of petroleum storage tanks. The definition of eligible owners and operators has been changed in sec.334.310 (relating to Requirements for Eligibility-Interim Period) so that owners and operators of spent oil tanks and hydraulic lift systems may be eligible for reimbursement. The purpose of amending sec.334.304 is to make it conform to the changes in sec.334.310. Likewise, the dates when corrective action was required by the commission in sec.334.404(3) and (4) are changed to conform to the changes in the law made by House Bill 1214. Work performed after September 1, 1987 (not May 31, 1989) may now be subject to reimbursement. Section 334.305 (relating to where and how documents must be filed-interim period) has been changed to require that the original application for reimbursement be sent to the Austin office of the Water Commission and that a copy be sent to the field office for the district where the tanks in question are located. The current rule requires that the original be sent to the field office. There are two changes to sec.334.306 (relating to form and contents of application-interim period). First, subsection (b)(7) is amended to allow that invoices from the person who performed work may be submitted in fulfillment of the applications requirements of the rules. This is intended as a clarification of the phrase "business receipts" used in the current rule. Second, sec.334.306 is amended to allow the executive director to require a person filing an application to provide the information needed to review the application. If the person fails to provide that information, the executive director may return the application. The person will not be prejudiced by the return of the application and may refile with the proper information. This type of provision is already in the rules in sec.334.307 (relating to technical information required-interim period). It is being inserted in this section to make it clear that applications must be complete prior to processing. Section 334.308 (relating to allowable costs-interim period) is amended in subsection (c)(18) to conform to the new law that corrective action performed after September 1, 1987, is subject to reimbursement. Subsection (e) is amended and subsections (f), (g), and (h) are added to allow for the reimbursement of corrective action costs connected with a release from a spent oil tank or a hydraulic lift system. It is important to note that corrective action expenses incurred responding to spent oil tank releases and hydraulic lift system releases are only eligible for reimbursement if these tanks are located a vehicle service and fueling facilities. The facilities are defined in sec.334.322 (relating to Subchapter H definitions). Section 334.308 is also amended in subsection (c)(20) to conform to some numbering changes which occur later in this subchapter. The changes in sec.334.310 (relating to requirements for eligibility-interim period) are made to conform to the House Bill 1214 changes and to make some points in the current rules clearer. Subsection (a)(1)(A) expands the field of tanks to include hydraulic lift systems. Subsection (a)(1)(B) is added to help clarify the rules. A provision allowing past owners to apply for reimbursement was originally in sec.334.302 but no mention was made of it in this section, which addresses eligibility. Subsection (a)(1)(C) allows "ghost tank" owners and landowners who do not own the tanks located on their land to receive reimbursement for corrective action work they perform. Section 334.310(a)(3) is amended to make it clear that all tanks fees due up to the time a reimbursement warrant or check is released must be paid. This is not a change in practice. State statute provides that persons owing the money to the state may not receive state funds until accounts are settled, payments have not been released prior to the payment of all fees owed. Section 334.312 (relating to owner/operator contribution) is new. It implements the sliding scale deductible which was created in House Bill 1214. The deductible amount or owner/operator contribution varies according to the number of tanks owned and operated at the time a complete application for reimbursement is filed. Due to the addition of new sec.334.312, current sec. s334.312 (relating to review of application by executive director-interim period), 334.313 (relating to executive director's fund payment report-interim period), and 334.314 (relating to protest of fund payment report-interim period) have been repealed and renumbered sections are adopted here. Section 334.314 has also been changed to reflect the changed deductible or owner/operator contribution established in new sec.334.312. Repealed sec.sec.334.314 (relating to protest of fund payment report-interim period), 334.315 (relating to mediation of dispute-interim period) and 334.316 (relating to formal petition-interim period) all dealt with the procedures for protesting the amount of reimbursement which the executive director allows on an application. The procedure set forth in those sections requires that the staff and the applicant first try to negotiate a settlement. If that does not succeed, the rules provided for an intermediate step of going to the executive director or someone he designates to review the staff position one more time. Only then could an applicant file a request for relief directly with the commissioners. The new emergency sections adopted here eliminate the middle step. Under the new rules, if the staff and the applicant cannot reach a settlement, the applicant may request the commission to grant him/her relief. It is not the intention of the commission to discourage negotiation with the executive director or his staff by this amendment. The rule still provides that the staff and the applicant should attempt to resolve disputes. However, it is felt that the middle step adds an unnecessary burden on the applicant and makes the process longer. Section 334.322 (relating to Subchapter H definitions) is amended by adding terms which apply to House Bill 1214 changes. Subchapter H. Interim Reimbursement Program 31 TAC sec.sec.334.301, 334.302, 334.304-334.306, 334.310, 334. 312-334.316, 334.322 The new sections are adopted on an emergency basis under House Bill 1588 (71st Legislature, 1989) and House Bill 1214 (72nd Legislature, 1991), which requires TWC to establish a groundwater protection program, and to implement a reimbursement program to responsible parties who clean up sites on their own initiative; and sec.5.103 and sec.5.105, which provides the Texas Water Commission with the authority to adopt any sections necessary to carry out its powers and duties under the Texas Water Code and other laws of the State of Texas, and to establish and approve all general policy of the commission. sec.334.301. Applicability of this Subchapter. (a) Authorization for reimbursement. This subchapter authorizes the reimbursement of the expenses of corrective action taken in response to a release of: (1)
    petroleum products from a petroleum storage tank; (2) hydraulic fluid and other substances from a hydraulic lift system located at a vehicle service and fueling facility; and (3) spent oil and other substances from spent oil tank located at a vehicle service and fueling facility; provided that the tank listed under this subsection is also
      [which is] subject to regulation under Subchapter D of this chapter (relating to Release Reporting and Corrective Action). (b) (No change.) (c) Expenses considered for payment-time frame in which corrective action performed. Subject to the other requirements of this subchapter, the expenses which may be considered for payment from the petroleum storage tank remediation fund are limited to expenses of corrective action which was performed for the owner or operator on or after September 1, 1987
        [May 31, 1989]. Expenses for corrective action performed prior to September 1, 1987 are not subject to reimbursement or payment. (d) Expenses Covered by House Bill 1214 not covered by prior law.
          [for work performed prior to May 31, 1989.] Subject to the other requirements of this subchapter, expenses for corrective action covered by House Bill 1214, but which were not allowable under prior law
            [performed prior to May 31, 1989,] may be subject to reimbursement. In order to process applications for new expenses allowed under House Bill 1214 the executive director may prescribe applications and processing procedures for claims relating to expenses which were not allowable prior to June 16, 1991 consistent with the following guidelines: (1) the procedures shall allow for the most expeditious processing possible for all types of applications, new and old: and also (2) the procedures shall be consistent with sound management of the petroleum storage tank remediation fund
              [may qualify toward the $10, 000 of corrective action expenses which the applicant is required to pay under sec.334.302(c)(1) of this title (relating to General Conditions and Limitations Regarding Reimbursement-Interim Period). Expenses for corrective action performed prior to May 31, 1989 are not subject to reimbursement or payment.] [(e) Petroleum storage tanks only. This subchapter applies only to those underground and aboveground storage tanks which contain petroleum products, as defined in sec.334.322 of this title (relating to Subchapter H Definitions).] (e)
                [(f)] Limitation. This subchapter shall not be construed to authorize reimbursement or payment from the petroleum storage tank remediation fund in situations other than those described in subsection (a) of this section. (f)
                  [(g)] Eligibility under other rules. An owner or operator of a petroleum storage tank who is not subject to this subchapter or who does not qualify as an eligible owner or operator under this subchapter is not automatically precluded from qualifying under any other rules which the commission may adopt to implement House Bill 1588, however: (1) any person seeking reimbursement or assistance under this subchapter must meet the requirements of this subchapter; and (2) any person seeking reimbursement or assistance under any other rules which the commission may adopt must meet the requirements of those rules. (g)
                    [(h)] Operative date for this subchapter. This subchapter applies [to actions taken on and after July 17, 1990,] as follows. (1)-(2) (No change.) (3) All costs incurred in the course of performing corrective action which are incurred on or after September 1, 1987
                      [July 17, 1990] will be subject to the terms of this subchapter for the purposes of determining whether those costs are allowable. Nothing in this paragraph shall be construed to invalidate payments made by the executive director under prior rules of the commission. sec.334.302. General Conditions and Limitations Regarding Reimbursement-Interim Period. (a)-(b) (No change.) (c) No payments shall be made by the commission under this subchapter for: (1) the owner/operator contribution described in sec.334.312 of this title (relating to Owner/Operator Contribution,
                        [$10,000 of corrective action costs per occurrence,] which the executive director may apportion in the case of multiple claimants as provided in sec.334.314(f)
                          [ s334.313(f)] of this title (relating to Executive Director's Fund Payment Report-Interim Period); (2)-(3) (No change.) (d) No expenses for which reimbursement is claimed under this subchapter and no expenses which are to be applied to the owner/operator contribution
                            [$10,000 of corrective action described in subsection (c)(1) of this section] shall be subject to reimbursement or applied to the owner/operator contribution
                              [$10,000] unless the following conditions have been met: (1)-(2) (No change.) (3) the person
                                [owner or operator] seeking reimbursement must be an eligible owner or operator, as defined in sec.334.322 and sec.334.310 of this title (relating to Subchapter H Definitions and Requirements for Eligibility-Interim Period) or they must be authorized by an eligible owner or eligible operator to receive such payment pursuant to subsections (i), (j), and (k) of this section; (4) the expenses for which reimbursement is sought, and those which are to be applied to the owner/operator contribution
                                  [$10, 000 of corrective action described in subsection (c)(1) of this section] must be allowable costs, as defined in sec.334.308 of this title (relating to Allowable Costs-Interim Period); (5) the allowable costs for which reimbursement is sought and those which are to be applied to the owner/operator contribution
                                    [$10,000 of corrective action described in subsection (c)(1) of this section] must be reasonable, as defined in sec.334.309 of this title (relating to Reasonable Costs-Interim Period); and (6) (No change.) (e) For purposes of this subchapter only, the persons listed in sec.334.310 of this title (relating to Requirements for Eligibility-Interim Period)
                                      [following persons] may be eligible owners or operators, provided that they meet the other criteria prescribed by this subchapter .
                                        [:] [(1) the current owner or operator; and] [(2) any past owner or operator who, in response to a release, performed corrective action on or after May 31, 1989.] (f)-(h) (No change.) (i) Payments made to persons other than the eligible
                                          owner or operator may only be made subject to subsections (j) and (k) of this section and may only be made to agents or assignees duly authorized to receive payment on behalf of an eligible owner or operator. (j) (No change.) (k) No payment of funds will be made to any person other than the owner or operator under this subchapter except as follows: (1) the person authorized to accept payment on behalf of an owner or operator is: (A)-(B) (No change.) (C) a person who has insured the owner or operator of petroleum storage tanks for pollution liability on or after July 17, 1990,
                                            and who has paid claims on that policy for remediation costs for which the tank owner may be reimbursed under this subchapter; or (D) (No change.) (2) (No change.) sec.334.304. Who May File Application-Interim Period.
                                              Only the following persons may file an application for reimbursement under this subchapter: (1) the eligible owner of a tank
                                                [the owner of the petroleum storage tanks] from which a release has occurred and for which partial or completed corrective action has been performed, or his duly authorized agent; (2) the eligible operator of a tank
                                                  [the operator of the petroleum storage tanks] from which a release has occurred and for which partial or completed corrective action has been performed, or his duly authorized agent; (3) an owner or operator ordered by the commission or required in a written corrective action directive by the executive director on or after September 1, 1987
                                                    [May 31, 1989], to assess the nature and extent of contamination in cases where no release is discovered, or the duly authorized agent of such owner or operator; or (4) a past owner or operator who, in response to a release performed corrective action on or after September 1, 1987
                                                      [May 31, 1989]. sec.334.305. Where and How Documents Must be Filed-Interim Period. (a) Any application for reimbursement or claim for payment filed pursuant to this subchapter shall be filed as follows: (1) the original application and one complete copy, plus any fees and registration information required pursuant to sec.334.310(a) of this title (relating to Requirements for Eligibility-Interim Period) submitted to: Texas Water Commission, P.0. Box 13087 Capitol Station Austin, Texas 78711-3087, ATTN: Petroleum Storage Tank Claims; (2) one complete copy of the application and attachments submitted to the Texas Water Commission District Office in the district where the tanks covered by the application are located. [(1) the original application and one copy submitted to the Texas Water Commission District Office in the district where the tanks covered by the application are located;] [(2) a complete copy of the original application plus any fees and registration information required pursuant to s334.310(a) of this title (relating to Requirements for Eligibility-Interim Period) submitted to: Texas Water Commission P. 0. Box 13087, Austin, Texas 78711-3087, ATTN: Petroleum Storage Tank Claims.] (b)-(d) (No change.) sec.334.306. Form and Contents of Application-Interim Period. (a) (No change.) (b) The application shall contain the following: (1)-(6) (No change.) (7) evidence that the amounts shown on the invoices for which reimbursement is requested have been paid in full by the claimant. The evidence must be accompanied by either: (A) business receipts or invoices from the person who performed the work
                                                        , indicating payments received; (B)-(D) (No change. (8)-(9) (No change.) (c) (No change.) (d) The executive director may require the applicant to supplement information already submitted or return the application without prejudice if the information is not sufficient to review the application. (e)
                                                          [(d)] The applicant must update his application with any information not yet submitted to the executive director before processing or payment of claims at any stage begins. (f)
                                                            [(e)] For purposes of this subchapter, the following are the phases of corrective action: (1) initial abatement measures and emergency actions phase; (2) preliminary site assessment phase; (3) comprehensive site assessment and remediation planning phase; (4) remediation phase; and (5) post-remediation phase. sec.334.308. Allowable Costs-Interim Period. (a)-(b) (No change.) (b) (No change.) (c) Allowable costs shall include, but not be limited to, the following: (1)-(17) (No change.) (18) performance of any corrective action measure which is specifically required by an order of the commission or a written request or confirmation of the executive director on or after September 1, 1987
                                                              [May 31, 1989]; (19) (No change.) (20) interest on the monies expended for an item of corrective action, provided that: (A)-(B) (No change.) (C) the rate of interest which may be reimbursed shall be the lesser of: (i)
                                                                (No change.) (ii)
                                                                  a rate which does not exceed an amount that is 2.0% higher than the New York prime rate on the date which the corrective action item for which interest is claimed is approved for payment under sec.334.314
                                                                    [sec.334. 313] of this title (relating to Executive Director's Fund Payment Report-Interim Period); (D) the only interest allowable is the interest which accrues on a corrective action item on or after the day on which the item itself is approved for payment under 334.314
                                                                      [sec.334.313] of this title (relating to Executive Director's Fund Payment Report-Interim Period); and (E) (No change.) (21) (No change.) (d) (No change.) (e) The costs of abating the release from the petroleum storage tank and the costs of removal, transport, and disposal of the petroleum storage tank, excluding associated piping, pumps, and dispensers, are the only allowable costs in situations where: (A) a release of a petroleum product from a petroleum storage tank occurs near the location of a release of any other substance other than hydraulic oil from a hydraulic lift system or spent oil from a motor vehicle, located at a vehicle service and fueling facility
                                                                        [used crankcase oil from a motor vehicle at a facility where motor vehicles are serviced]; and (B) (No change.) (f) The costs of abating the release from the hydraulic lift system and the costs of removal, transport, and disposal of the tank, excluding associated piping and equipment, are the only allowable costs in situations where: (A) a release of hydraulic fluid occurs near the location of a release of any other substance other than: (i) petroleum products from a petroleum storage tank: (ii) spent oil from a tank located at a vehicle service and fueling facility; or (iii) another substance which the claimant can prove was contained in the hydraulic lift system; and (B) the contamination from the substance which is a hydraulic fluid could not reasonably be remediated under a separate and distinct corrective action plan from the substance which is not a hydraulic fluid. (g) The costs of abating the release from the spent oil tank and the costs of removal, transport, and disposal of the tank excluding associated pipin and equipment, are the only allowable costs in situations where: (A) a release of spent oil occurs near the location of a release of any other substance other than: (i) petroleum products from a petroleum storage tank; (ii) hydraulic fluid from a hydraulic lift system; or (iii) another substance which the claimant can prove was contained in the spent oil tank; and (B) the contamination from the substance which is a spent oil could not reasonably be remediated under a separate and distinct corrective action plan from the substance which is not a spent oil. (h) In addition to other requirements, no corrective action costs connected with the release of spent oil shall be allowable unless the spent oil was released from a tank located at a vehicle service and fueling facility, nor shall any costs connected with the release of hydraulic fluid be allowable unless the hydraulic fluid was released from a hydraulic lift system. sec.334.310. Requirements for Eligibility-Interim Period. (a) In order for a person to be an eligible owner or operator under this subchapter: (1) he/she must meet the other requirements of this chapter and
                                                                          must be : (A)
                                                                            an owner or an operator of a petroleum storage tank, a hydraulic lift system, or a spent oil tank
                                                                              [as defined in s334.322 of this title (relating to Subchapter H Definitions)] which is subject to the requirements of Subchapter D of this chapter (relating to Release Reporting and Corrective Action); (B) any past owner or operator of a tank described in subparagraph (A) of this paragraph who performed corrective action on or after September 1, 1987 in response to a release of petroleum products from such tank; (C) an owner of land who can clearly prove that the land has been contaminated by a release of petroleum products from a tank described in subparagraph (A) of this paragraph which is or was located on said land and who performed corrective action in response to a release of petroleum products from such tank; (D) a lender who has a bona fide security or lienhold interest in or mortgage lien on any property where a tank described in subparagraph (A) of this paragraph is or was located and who performed corrective action in response to a release of petroleum products from such tank; and (E) a lender who forecloses and becomes the owner of property contaminated by a release of petroleum products from a tank described in subsection (a)(1)(A) section, and who performed corrective action in response to a release of petroleum products from such tank. (2) (No change.) (3) all annual facility fees due since September 1, 1987, pursuant to sec.334.21 of this title (relating to Fee Assessment), and since September 1, 1989, pursuant to sec.334.124 of this title (relating to Aboveground Storage Tank Fees) for all underground and aboveground storage tanks which they own or operate must be paid to the executive director, except for those tanks which the owner or operator, upon reasonable inquiry, could not have known existed. All fees which come due up until the time that reimbursement funds are released to the claimant must be paid
                                                                                ; and (4) (No change.) (b)-(d) (No change.) sec.334.312. Owner/Operator Contribution. (a) The executive director shall deduct from any amount claimed for reimbursement an amount of allowable costs equal to the owner/operator contribution described in this section. (b) The owner/operator contribution for each occurrence shall be as follows: (1) for a person who owns or operates a total of 1,000 or more single petroleum storage tanks, $10,000; (2) for a person who owns or operates a total of 100-999 petroleum storage tanks, $5,000; (3) for a person who owns or operates a total of 13-99 petroleum storage tanks, $2,500; and (4) for a person who owns or operates a total of less than 13 petroleum storage tanks, $1.000. (c) It shall be presumed for purposes of this section that a person owns: (1) the number of tanks for which he is registered as the owner in the records of the executive director on the date that an administratively complete application is filed with the executive director; or (2) the number of tanks actually owned by the eligible owner or operator on the date that an administratively complete application is filed with the executive director, whichever is greater. sec.334.313. Review of Application by Executive Director-Interim Period. (a) An application for reimbursement or supplemented application filed under this subchapter shall be subject to review by the executive director: (1) to determine if the information which is required to be submitted under this subchapter has been filed with the executive director; and (2) to examine the substance of the application, including without limitation: (A) the cost effectiveness and fiscal merits of the corrective action taken at the facility; and (B) the technical merits of the corrective action taken at the facility; (b) An application which does not contain all the information required by this subchapter may be returned by the executive director without prejudice. Return of the application by the executive director without prejudice does not prevent the applicant from filing another application for the same occurrence any time on or before the effective date of final rules adopted to succeed this interim subchapter. (c) The executive director is not required to commence the substantive review of an application until he has received all of the information this subchapter requires the applicant to submit in order for the executive director to review a claim for payment. (d) If, during the course of the substantive review, the executive director finds that additional information of the type required by this subchapter is needed to evaluate the application, he may require the applicant to provide such additional information. Further review of the application may be postponed until such information is received by the executive director. sec.334.314. Executive Director's Fund Payment Report-Interim Period. (a) Upon completion of the review of an application, the executive director shall prepare a fund payment report indicating which of the applicant's claims the executive director believes should be reimbursed and which claims should not be reimbursed. If the executive director finds that any claim should not be paid or not paid to the full amount claimed, he shall briefly state the reasons in his report. The executive director shall submit a copy of his report to the applicant. (b) The applicant shall review the fund payment report and shall file a written response with the executive director within 45 days of receipt of the report. The response shall be on a form provided or approved by the executive director. The applicant may consent or object to all or any part of the report. If the executive director has not received a response from the applicant within 45 days from the date on which the applicant received the report the following shall occur: (1) all claims approved for reimbursement in the fund payment report shall be eligible for payment; (2) any claim addressed in the fund payment report shall be deemed satisfied in full; and (3) the applicant will have waived his right to object to any item addressed in the fund payment report. (c) Any item recommended for payment in the fund payment report to which the applicant objects shall not be eligible for payment until the executive director and the applicant agree on an amount for payment or until the commission orders payment in a prescribed amount, whichever occurs first. (d) Any item recommended for payment in the fund payment report to which the applicant consents by filing a timely response to the fund payment report shall be eligible for reimbursement when the executive director receives the applicant's consent form. The consent of the applicant to any item recommended for payment shall mean that any claim covered by that item is considered satisfied in full. (e) The executive director may in his discretion pay claims which he has approved for payment by sending payment with the fund payment report. (f) In cases where there are two are more applicants filing claims for one occurrence, the executive director may make an equitable apportionment of the owner/operator contribution described in 334.312 of this title (relating to Owner/Operator Contribution). sec.334.315. Protest of Fund Payment Report-Interim Period. (a) If he disagrees with any conclusion in the fund payment report, the applicant may file a protest with the executive director within 45 days of the date on which he receives the fund payment report. (b) The protest must be in writing and signed by the applicant. It must be on a form prescribed or approved by the executive director. It must contain the following: (1) the name and address of the applicant; (2) the address of the facility in question and the executive director's facility number, if any; (3) a copy of the fund payment report which is the subject of the protest, or the application number which appears on the fund payment report; and (4) a clear statement of each item which the applicant disputes on the executive director's fund payment report and of any other complaint the applicant has relating to the claim. (c) The protest shall be filed with the executive director by sending or delivering it to the office indicated in the fund payment report materials. (d) The applicant and the staff of the executive director shall attempt to resolve any disputes over the fund payment report informally. If no resolution is reached by the staff and the applicant within 45 days of the date on which the executive director receives a protest, the applicant may file a petition requesting the commission to grant relief. sec.334.316. Formal Petition-Interim Period. (a) The applicant shall file the petition with the chief clerk in the manner prescribed generally by this part for filing petitions with the commission and he shall serve a copy of the petition on the executive director. (b) The petition shall set forth the relief which the applicant requests and shall contain the same information required for the protest, as prescribed in sec.334.315(b) of this title (relating to Protest of Fund Payment Report-Interim Period). sec.334.322. Subchapter H Definitions.
                                                                                  The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
                                                                                    House Bill 1214 -House Bill 1214 (72nd Legislature, effective June 16, 1991). Hydraulic fluid -Any regulated substance that is normally used in a hydraulic lift system. Lender-: (A) a state or national bank; (B) a state or federal savings and loan association or savings bank; (C) a credit union; (D) a state or federal government agency that customarily provides financing; or (E) an entity that is registered with the Office of Consumer Credit Commissioner pursuant to Chapter 7, Title 79, Revised Statutes (Texas Civil Statutes, Article 5069-7.01, et seq) if the entity is regularly engaged in the business of extending credit and if extending credit represents the majority of the entity's total business activity. Spent oil-A regulated substance that is a lubricating oil or similar petroleum substance which has been refined from crude oil, used for its designed or intended purposes, and contaminated as a result of that use by physical or chemical impurities, including spent motor vehicle lubricating oils, transmission fluid, or brake fluid. Vehicle service and fueling facility-A facility where motor vehicles are serviced or repaired and where petroleum products are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. Issued in Austin, Texas, on August 5, 1991. TRD-9109289 Jim Haley Director, Legal Division Texas Water Commission Effective date: August 5, 1991 Expiration date: December 3, 1991 For further information, please call: (512) 463-8069 TITLE 31 NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 334. Underground and Aboveground Storage Tanks Subchapter H. Interim Reimbursement Program 31 TAC sec.sec.334.312-334.316 The repeals are adopted on an emergency basis under House Bill 1588 (71st Legislature, 1989) and House Bill 1214 (72nd Legislature, 1991), which requires TWC to establish a groundwater protection program, and to implement and reimbursement program to responsible parties who clean-up sites on their own initiative; and sec.5.103 and sec.5.105, which provides the Texas Water Commission with the authority to adopt any sections necessary to carry out its powers and duties under the Texas Water Code and other laws of the State of Texas, and to establish and approve all general policy of the commission. sec.334.312. Review of Application by Executive Director-Interim Period. sec.334.313. Executive Director's Fund Payment Report-Initial Period. sec.334.314. Protect of Fund Payment Report-Interim Period. sec.334.315. Mediation of Dispute-Interim Period. sec.334.316. Formal Petition-Interim Period. Issued in Austin, Texas, on August 5, 1991. TRD-9109288 Jim Haley Director, Legal Division Texas Water Commission Effective date: August 5, 1991 Expiration date: December 3, 1991 For further information, please call: (512) 463-8069 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 7. BANKING AND SECURITIES Part VII. State Securities Board Chapter 105. Rules of Practice in Contested Cases 7 TAC sec.105.10 The State Securities Board proposes an amendment to sec.105.10, concerning assessment of costs of preparation of the record upon appeals of agency final decisions or orders. John Morgan, director, enforcement division, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Morgan 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 that a party involved in an administrative proceeding may be assessed the costs of preparation of the record of the agency proceeding that is required to be transmitted to the reviewing court in the event the agency's decision is appealed. 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 Denise Voigt Crawford, State Securities Board, P.O. Box 13167, Austin, Texas 78711-3167. The amendment is proposed under Texas Civil Statutes, Article 581, sec.28-1, which provide the board with the authority to adopt rules and regulations governing registration statements and applications; classify securities, persons, and matters within its jurisdiction; and prescribe different requirements for different classes. sec.105.10. Record. (a)-(b) (No change.) (c) In the event a final decision or order of the commissioner is appealed and the agency is required to transmit to the reviewing court a copy of the record of the agency proceeding, or any part thereof, the appealing party shall pay all of the costs of the preparation of any original or certified copy of the record of the agency proceeding that is required to be transmitted to the reviewing court. The charges imposed by this subsection will be the same as those charged by the agency for requests for photographic reproductions and certified copies of public records made pursuant to the provisions of the Open Records Act, Texas Civil Statutes, Article 6252-17a. These charges are considered to be a court cost and may be assessed, all or in part, by the reviewing court in accordance with the Texas Rules of Civil 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 August 2, 1991. TRD-9109269 Richard D. Latham Securities Commissioner State Securities Board Earliest possible date of adoption: September 9, 1991 For further information, please call: (512) 474-2233 Chapter 109. Transactions Exempt from Registration 7 TAC sec.109.5 The State Securities Board proposes new sec.109.5, concerning sales pursuant to the Securities Act, sec.5.C(1), which is commonly referred to as the "isolated transactions" exemption. An earlier proposal (see 16 TexReg 629) has been withdrawn. Richard D. Latham, securities commissioner, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the section. Mr. Latham 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 clarification as to the circumstances in which the isolated transactions exemption would be available. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section. Comments on the proposal may be submitted to Denise Voight Crawford, State Securities Board, P.O. Box 13167, Austin, Texas 78711-3167. The new section is proposed under Texas Civil Statutes, Article 581, sec.28-1, which provide the board with the authority to adopt rules and regulations governing registration statements and applications; classify securities, persons, and matters within its jurisdiction; and prescribe different requirements for different classes. sec.109.5. Sales Pursuant to the Securities Act, sec.5.C(1). (a) Who may sell. (1) For purposes of the Securities Act (the Act), s5.C(1), the term "vendor" does not include the issuer of the securities sought to be sold. (2) "Vendor" is not limited to individuals, and may include a company as defined by the Act, sec.4.B., however, one who is a vendor for purposes of this exemption is not, for that reason alone, considered to be engaged in the business of selling securities. (b) Number of allowable transactions. (1) If, during a 12-month period, a vendor consummates not more than six sales of a single issuer's securities, the sales automatically will be considered isolated and not repeated and successive for purposes of the exemption. (2) Not included in the count of allowable transactions are sales made by or on behalf of a vendor that are made outside of this state or made in compliance with the Act, sec.sec.5.H, 5.0, and/or 6.F. (3) All sales made pursuant to one Form 144 filed with the Securities and Exchange Commission (SEC) will be treated as a single transaction as long as all of such sales made pursuant to that Form 144 are made in compliance with the Securities Act of 1933, sec.4(4), and Securities and Exchange Act Rule 144 as amended. (c) Use of agents. Any person acting as an agent for a vendor shall be registered either as a dealer or agent as required by the Act. (d) Certain benefits to others prohibited. (1) The payment of a commission to a registered dealer or agent in connection with the sales is permissible as long as the commission is reasonable and does not unfairly discriminate among customers. (2) The exemption is unavailable if the sale or sales are made or intended by the vendor or his agent to help create a market in the issuer's securities. (e) Advertising permitted. The use of advertising alone does not mean that the sales will not be considered isolated or not made in the course of repeated and successive transactions of a like character for purposes of the exemption. (f) Bona fide personal investment. Sales made pursuant to the exemption are not considered outside the ordinary course of bona fide personal investment. 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 August 2, 1991. TRD-9109270 Richard D. Latham Securities Commissioner State Securities Board Earliest possible date of adoption: September 9, 1991 For further information, please call: (512) 474-2233 7 TAC sec.109.14 The State Securities Board proposes an amendment to sec.109.14, concerning a new exemption solely for industry participants for sales of oil, gas, and other mineral interests that do not constitute securities under federal law and/or are commonly the subject of transactions among persons within the oil, gas, and other mineral industries. Richard D. Latham, securities commissioner, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the section. Mr. Latham 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 clarification that registration under the Securities Act is not required when participants in the oil, gas, and other mineral industries buy, sell, and/or trade certain interests among themselves. 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 Denise Voight Crawford, State Securities Board, P.O. Box 13167, Austin, Texas 78711-3167. The amendment is proposed under Texas Civil Statutes, Article 581, sec.28-1, which provide the board with the authority to adopt rules and regulations governing registration statements and applications; classify securities, persons, and matters within its jurisdiction; and prescribe different requirements for different classes. sec.109.14. Oil, Gas, and Other Mineral Interests. (a)-(c) (No change.) (d) Exemption for transactions among persons in the oil and gas industry. (1) In addition to offers and sales made pursuant to the Act, sec.5.Q, the State Securities Board. pursuant to the Act, sec.5.T, exempts from the securities registration requirements of the Act, sec.7, and the dealer and agent registration requirements of the Act, sec.12 and sec.18, the offer and sale of any interest in or under an oil, gas, or mining lease, fee or title, or payments out of production in or under such leases, fees, or titles or contracts relating thereto by the owner or an agent for the owner when such offer or sale is made to persons and/or companies each of whom the owner or owner's agent shall have reasonable cause to believe and does believe meets the following criteria: (A) derives a substantial portion of its income or revenue from a plan of business or the practice of a professional discipline which is directly related to the exploration for, production of, refining of, or marketing of the mineral which forms the basis of the interest being sold; or (B) is a landman, drilling company, well service company, production company, refining company, geologist, geophysicist, petroleum engineer, earth scientist; or (C) is an executive officer of a company whose primary plan of business involves either subparagraphs (A) or (B) of this paragraph. (2) For purposes of this rule, as long as such person is actively engaged in the day-to-day activities of the owner, an agent for the owner includes the following: (A) officers; (B) directors; (C) employees of the owner; and (D) independent landmen and engineers who have a contractual working relationship with the owner. (3) This exemption includes sales at auction. (e) If an offer or sale of an interest described in subsection (d) of this section is made pursuant to a procedure wherein a person or company is invited to become a purchaser (such as a public auction or other sale to the general public), but such person or company does not meet the criteria set forth in subsection (d)(1) (A)-(C) of this section, any agent of the owner must meet the dealer registration requirements of the Act, sec.12. 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 August 2, 1991. TRD-9109271 Richard D. Latham Securities Commissioner State Securities Board Earliest possible date of adoption: September 9, 1991 For further information, please call: (512) 474-2233 TITLE 16. ECONOMIC REGULATION Part II. Public Utility Commission of Texas Chapter 23. Substantive Rules The Public Utility Commission of Texas proposes amendments to sec.23.43 and sec.23.45, concerning accrual of interest on customer overcharges. The amendments clarify that interest on a customer deposit shall be compounded on an annual basis. Martin Wilson, deputy general counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Wilson 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 amendments include customers receiving annually compounded interest on their deposits. There will be no effect on small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. There will be no impact on employment in the geographical areas affected by implementing the requirements of the section. Comments (13 copies) on the proposal may be submitted to Mary Ross McDonald, Secretary of the Commission, 7800 Shoal Creek Boulevard, Austin, Texas 78757 within 30 days after publication. Comments should refer to Project Number 10105. Customer Service and Protection 16 TAC sec.23.43 The amendment is proposed under Texas Civil Statutes, Article 1446c sec.16(a) , which provide the Public Utility Commission of Texas with the authority to make and enforce the rules reasonably required in the exercise of its powers and jurisdiction. sec.23.43. Applicant and Customer Deposit. (a)-(b) (No change.) (c) Amount of deposit and interest for permanent residential, commercial, and industrial service and exemption from deposit. (1)-(2) (No change.) (3) Each utility which requires deposits to be made by its customers shall pay a minimum interest on such deposits at an annual rate at least equal to 6.0% compounded annually
                                                                                      . If refund of deposit is made within 30 days of receipt of deposit, no interest payment is required. If the utility retains the deposit more than 30 days, payment of interest shall be made retroactive to the date of deposit. (A)-(B) (No change.) (4)-(6) (No change.) (d)-(i) (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 August 1, 1991. TRD-9109207 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Earliest possible date of adoption: September 9, 1991 For further information, please call: (512) 458-0100 16 TAC sec.23.45 The amendment is proposed under Texas Civil Statutes, Article 1446c sec.16(a) , which provides the Public Utility Commission of Texas with the authority to make and enforce the rules reasonably required in the exercise of its powers and jurisdiction. sec.23.45. Billing. (a)-(f) (No change.) (g) Overbilling and underbilling. If billings for utility service are found to differ from the utility's lawful rates for the service being purchased by the customer, or if the utility fails to bill the customer for such service, a billing adjustment shall be calculated by the utility. If the customer is due a refund, an adjustment shall be made for the entire period of the overcharges. If an overcharge is adjusted by the utility within three billing cycles of the bill in error, interest shall not accrue. Unless otherwise provided in this section, if an overcharge is not adjusted by the utility within three billing cycles of the bill in error, interest shall be applied to the amount of the overcharge at the rate set by the commission annually for a calendar year. That rate shall be based on an average of prime commercial paper rates for the previous 12-month period. Interest on overcharges that are not adjusted by the utility within three billing cycles of the bill in error shall accrue from the date of payment unless the utility chooses to provide interest to all of its affected customers from the date of the bill in error. All interest shall be compounded annually.
                                                                                        Interest shall not apply to leveling plans or estimated billings that are authorized by statute or rule. Interest shall not apply to undercharged amounts unless such amounts are found to be the result of meter tampering, bypass, or diversion by the customer, as defined in sec.23.47(f) of this title (relating to Meters). Interest on undercharged amounts shall accrue from the day the customer is found to have first tampered, bypassed, or diverted. If the customer was undercharged, the utility may backbill the customer for the amount which was underbilled. The backbilling is not to exceed six months unless the utility can produce records to identify and justify the additional amount of backbilling or unless such undercharge is a result of meter tampering, bypassing, or diversion by the customer as defined in sec.23.47(f). However, the utility may not disconnect service if the customer fails to pay charges arising from an underbilling more than six months prior to the date the utility initially notified the customer of the amount of the undercharge and the total additional amount due unless such undercharge is a result of meter tampering, bypassing, or diversion by the customer as defined in sec.23.47(f). If the underbilling is $25 or more, the utility shall offer the customer a deferred payment plan option for the same length of time as that of the underbilling. In cases of meter tampering, bypass, or diversion, a utility may, but is not required to, offer a customer a deferred payment plan. (h)-(n)(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 August 1, 1991. TRD-9109208 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Earliest possible date of adoption: September 9, 1991 For further information, please call: (512) 458-0100 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 313. Athletic Trainers General Requirements and Guidelines 25 TAC sec.sec.313.1-313.6, 313.8, 313.12, 313.13, 313.17, 313. 18 The Advisory Board of Athletic Trainers proposes amendments to sec.sec.313. 1-313.6, 131.8, 313.12, 313.13, 313.15, and 313.17, and new sec.313.18, concerning general requirements and guidelines for athletic trainers. The amendments update the existing sections to assist applicants and licensees in understanding the rules. The changes include: adding procedures to petition for adoption of a rule; adding renewal procedures for active military duty; adding additional course requirements for applicants; changing the apprenticeship requirements for applicants; increasing the fees; amending the requirements for continuing education; and amending the guidelines for acceptable professional conduct. The new section covers the procedures in processing applications for licensure and renewal. Stephen Seale, Chief Accountant III, Texas Department of Health, has determined that for the first five-year period the sections are in effect there will be fiscal implications as a result of enforcing or administering these sections as proposed. The effect on state government will be an estimated increase in revenue of $13,900 for each year of the fiscal years 1992-1996. The increased revenue is necessary to meet increased costs. There is no anticipated economic costs to local government. Mr. Seale 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 assurance that the licensing and regulation of athletic trainers continues to identify competent practitioners. There will be no economic cost to small businesses to comply with the rules as proposed. The additional costs for persons who are required to comply with the sections as proposed are $20 for examination fee; $15 for initial licensure fee; $15 for renewal fee, and $37.50 for temporary license fee. There is no probable impact on local employment. Comments on the proposal may be submitted to Becky Berryhill, Program Administrator, Advisory Board of Athletic Trainers, 1100 West 49th Street, Austin, Texas 78745-3183, (512) 459-2952. Comments will be accepted for 30 days after the proposal has been published in the Texas Register. The amendments and new section are proposed under Texas Civil Statutes, Article 4512d, sec.5, which provide the Advisory Board of Athletic Trainers with the authority to adopt rules concerning the regulation of athletic trainers. sec.313.1. Definitions.
                                                                                          The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Hearing examiner -A person duly designated and appointed by the chairperson of the board who conducts formal hearings under this chapter on behalf of the board. sec.313.2. The Board's Operation. (a)-(f) (No change.) (g) Transaction of official business. (1)-(2) (No change.) (3) The latest edition of Roberts Rules of Order
                                                                                            [,Newly Revised
                                                                                              ] shall be the basis of parliamentary decisions except where otherwise provided by this chapter. (h)-(n) (No change.) (o) Petition for adoption of a rule. (1) Purpose. The purpose of this subsection is to delineate the board's procedures for the submission, consideration, and disposition of a petition to the board to adopt a rule. (2) Submission of the petition. (A) Any person may petition the board to adopt a rule. (B) The petition shall be in writing, shall contain the petitioner's name and address, and shall describe the rule and the reason for it; however, if the executive secretary determines that further information is necessary to assist the board in reaching a decision, the executive secretary may require that the petitioner resubmit the petition and that it contain: (i) a brief explanation of the proposed rule; (ii) the text of the proposed rule prepared in a manner to indicate the words to be added or deleted from the current text, if any; (iii) a statement of the statutory or other authority under which the rule is to be promulgated; and (iv) the public benefits anticipated as a result of adopting the rule or the anticipated injury or inequity which would result from the failure to adopt the proposed rule. (C) The board may deny a petition which does not contain the information in subparagraph (B) of this paragraph or the information in subparagraph (B)(i)-(iv) of this paragraph if the executive secretary determines that the latter is necessary. (D) The petition shall be mailed or delivered to the executive secretary, Advisory Board of Athletic Trainers, 1100 West 49th Street, Austin, Texas 78756-3183. (3) Consideration and disposition of the petition. (A) The executive secretary shall submit the petition to the board for its consideration. (B) Within 60 days after receipt of the petition by the executive secretary, or within 60 days after receipt of a resubmitted petition in accordance with paragraph (2)(B)(i)-(iv) of this subsection, the board shall either: (i) deny the petition; or (ii) initiate rule-making procedures. (C) The board may deny parts of the petition and/or initiate rule-making procedures on parts of the petition. (D) If the board denies the petition, the executive secretary shall give the petitioner written notice of the board's denial, including the reason(s) for the denial. (E) If the board initiates rule-making procedures in accordance with the APTRA, sec.5, the version of the rule which the board proposes may differ from the version proposed by the petitioner. sec.313.3. Fees. (a) The schedule of fees of the board is as follows: (1) examination fee-$50
                                                                                                [$30]; (2) initial licensure fee-$50
                                                                                                  [$35]; (3) renewal fee-$40
                                                                                                    [$25]; (4) temporary license fee-$50
                                                                                                      [$12.50]; (5) (No change. ) (A) $65
                                                                                                        [$40] when renewed on or within 90 days of expiration plus $10 if license certificate must be reissued; (B) $90
                                                                                                          [$55] when renewed later than 90 days, but less than one year after expiration plus $10 if license certificate must be issued; or (C) $130
                                                                                                            [$80] when renewed at least one year but less than two years after expiration plus $10 if license certificate must be reissued. (b)-(e) (No change.) (f) If a licensee fails to timely renew his or her license on or after August 1, 1990, because the licensee is or was on active duty with the armed forces of the United States of America serving outside the State of Texas, the licensee may renew the license pursuant to this subsection. (1) Renewal of the license may be requested by the licensee, the licensee's spouse, or an individual having power of attorney from the licensee. The renewal form shall include a current address and telephone number for the individual requesting the renewal. (2) Renewal may be requested before or after expiration of the license. (3) A copy of the official orders or other official military documentation showing that the licensee is or was on active duty serving outside the State of Texas shall be filed with the board along with the renewal form. (4) A copy of the power of attorney from the licensee shall be filed with the board along with the renewal form if the individual having the power of attorney executes any of the documents required in this subsection. (5) A licensee renewing under this subsection shall pay the renewal fee, but not the late renewal fee. (6) A licensee renewing under this subsection shall not be required to submit any continuing education hours if continuing education is required to be shown for the renewal. If the licensee is not at the end of his or her three-year continuing education period, the licensee will be required to comply with the continuing education requirements at the end of the three-year period. sec.313.4. Application Requirements and Procedures. (a)-(b) (No change.) (c) Required application materials. (1)-(3) (No change.) (4) Applicants who reside out-of-state at the time of application
                                                                                                              [Out-of-state applicants] also must submit written verification from a prospective employer indicating that the applicant is being considered for employment as an athletic trainer in Texas. This subsection does not authorize an out-of-state applicant to act in violation of the Act, sec.8. (5) (No change.) (d) (No change.) sec.313.5. Educational Requirements. (a) (No change.) (b) Degrees. Each applicant must have a baccalaureate or post-baccalaureate degree from a college or university which held accreditation, at the time the degree was conferred, from an accepted regional educational accrediting association as reported by the American Association of Collegiate Registrars and Admissions Officers. The applicant must have: (1) completed the following: (A) (No change.) (B) at least three semester hours from each of the following course areas: (i)-(ii)
                                                                                                                (No change.) (iii) kinesiology; [and] (iv) human physiology or physiology of exercise; and (v) athletic training; (2)-(3) (No change.) (c) (No change.) (d) Training course required. Applicants who hold a degree or certificate in physical therapy or in corrective therapy with at least a minor in physical education or health must complete three semester hours of
                                                                                                                  a basic athletic training course from an accredited college or university. (e) (No change.) sec.313.6. Apprenticeship Requirements. (a) (No change.) (b) Applicants for examination must satisfactorily complete an apprenticeship in athletic training approved by the board. (1) The apprenticeship guidelines for applicants qualifying under the Act, sec.9(1), are as follows. (A) The program shall be a minimum of three academic years (fall- spring semesters) under the direct supervision of and on the same campus as the
                                                                                                                    [an approved] college or university's full-time Texas
                                                                                                                      licensed athletic trainer, or if out-of-state, the college or university's full-time
                                                                                                                        [a] NATA certified or state licensed
                                                                                                                          trainer. The full time athletic trainer must be an employee of the college or university and shall not be an outside consultant or independent contractor.
                                                                                                                            A total of 1800 clock hours are required. (B) The apprenticeship shall be fulfilled while enrolled as a student at the college or university where the apprenticeship is being served. [Prior board approval is required to commence an apprenticeship while not enrolled at the institution.] (C) The apprenticeship must be a minimum of 600 clock hours per academic year under the direct supervision of the Texas
                                                                                                                              licensed athletic trainer or if out-of-state, the NATA certified or state licensed
                                                                                                                                trainer, on the field and in the training rooms used for clinical and rehabilitative purposes by the school's intercollegiate athletes. The apprenticeship must offer work experiences in a variety of sports, and include instruction by the supervising trainer in physical rehabilitations, use of modalities, emergency care, and prevention of injuries. [The supervising athletic trainer or NATA trainer must be a full-time employee of the college or university.] Hours in excess of 600 per year are not cumulative. Hours in the classroom do not count toward apprenticeship hours. (2) The apprenticeship guidelines for applicants qualifying under the Act, sec.9(2) and (3) are as follows. (A) The program shall be a minimum of 720 hours over a two-year period under the direct supervision of and on the same campus as the college or university's full-time Texas
                                                                                                                                  [an state] licensed athletic trainer or if out-of-state, the college or university's full-time
                                                                                                                                    [a] NATA certified or state licensed
                                                                                                                                      trainer. It must include a minimum of 360 hours per year. Only hours accumulated in fall or spring semesters shall be counted.
                                                                                                                                        Hours in excess of 360 per year are not cumulative. (B) A written apprenticeship plan must be submitted with the required application materials. [(i)
                                                                                                                                          The supervisor must include his address, license number, telephone number, and place of employment. The plan must include the institutions where the apprenticeship will be completed and a weekly work schedule. [(ii)
                                                                                                                                            The supervisor, on behalf of the apprentice, shall enter into a written agreement of affiliation with the appropriate college, university, or secondary school.] (B)
                                                                                                                                              [(C)] Actual working hours shall include a minimum of 20 hours per week during each fall semester. A fall semester may include all pre-season practice sessions immediately preceding the opening of school. (C)
                                                                                                                                                [(D)] The apprenticeship shall be completed at a college[,] or
                                                                                                                                                  university[, or secondary school] acceptable to the board. It must be served on the field and in the training rooms used for clinical and rehabilitative purposes by that school's student athletes and offer work experiences in a variety of sports. Hours in the classroom do not count toward apprenticeship hours. [(E) The Administrative Services Committee shall review and approve or disapprove individual apprenticeship programs. [(F) Approval of each program shall be obtained prior to commencement of the program. Each program may commence upon receipt of notification from the department that the program has been approved by the Administrative Services Committee.] (3) (No change.) (c) A person who before the effective date of this section has received approval from the board for an apprenticeship as an athletic trainer is eligible for a license if the person: (1) successfully completes the apprenticeship program in conformance with the rules in effect at the time of the approval; (2) satisfactorily completes the examination administered by the board; (3) pays the required license fee; (4) and has not committed an act that constitutes ground for denial of a license. sec.313.8. Determination of Eligibility for Licensure. (a)-(b) (No change.) (c) Notices of application approval, disapproval, or deficiency shall be in accordance with sec.313.18
                                                                                                                                                    [sec.113.1] of this title (relating to Processing Applications
                                                                                                                                                      [Permits for Special Health Services Professionals]). (d)-(f) (No change.) sec.313.12. License Renewal. (a) (No change.) (b) General. (1)-(6) (No change.) (7) The board shall not renew a license if renewal is prohibited by the Education Code, sec.57.491. (c) License renewal procedures. (1)-(3) (No change.) (4) The board shall issue to a licensee who has met all requirements for renewal a license certificate and
                                                                                                                                                        [an] identification card. [One renewal identification card shall be affixed to, or displayed with the original certificate.] (d)-(e) (No change.) sec.313.13. Continuing Education Requirements. (a)-(g) (No change.) (h) Activities unacceptable as continuing education. The Continuing Education Committee may not grant continuing education credit to any licensee for: (1)-(4) (No change.) (5) activities described in subsection (f)(1) of this section which have been completed more than once during the continuing education period; [or] (6) performance of duties that are routine job duties and/or requirements; or (7) instructing or presenting continuing education programs or activities
                                                                                                                                                          . (i)-(j) (No change.) sec.313.15. Guidelines for Conduct. (a)-(b) (No change.) (c) Professional representation and responsibilities. (1)-(9) (No change.) (10) A licensee shall not present false information to the board on any application or other document or in any investigation or disciplinary proceeding of the board. (11) A licensee shall not aid or abet the practice of an unlicensed person when that person is required to have a license under the Act. (12) A licensee shall comply with any order relating to the licensee which is issued by the board. (d) (No change.) sec.313.17. Formal Hearings. (a) The chairperson of the
                                                                                                                                                            board may appoint a hearing examiner to conduct a formal hearing and to recommend final action to the board based on the evidence presented at the formal hearing. The board is not required to adopt the recommendations of the hearing examiner and may deny, suspend, or revoke a license as it deems appropriate and lawful. (b) A hearing shall be conducted in accordance with APTRA; this section; and the formal hearing procedures in Chapter 1 of this title (relating to Board of Health)
                                                                                                                                                              [sec.sec.1.21-1.34 of this title (relating to Formal Hearing Procedures)] with the following exceptions: (1) -(2) (No change.) (c) (No change.) sec.313.18. Processing Applications. (a) Time periods. The board shall comply with the following procedures in processing applications for licensure and renewal. (1) The following periods of time shall apply from the date of receipt of an application until the date of issuance of a written notice that the application is complete and accepted for filing or that the application is deficient and additional specific information is required. A written notice stating that the application has been approved may be sent in lieu of the notice of acceptance of a complete application. The time periods are as follows: (A) letter of acceptance of application for licensure or temporary licensure-30 working days; (B) letter of application or renewal deficiency-30 working days; and (C) issuance of license renewal after receipt of documentation of all renewal requirements-20 working days. (2) The following periods of time shall apply from the receipt of the last item necessary to complete the application until the date of issuance of written notice approving or denying the application. For the purpose of this section an application is not considered complete until any required examination has been successfully completed by the applicant. The time periods for denial include notification of the proposed decision and of the opportunity, if required, to show compliance with law and of the opportunity for a formal hearing. The time periods are as follows: (A) letter of approval for examination-30 working days; (B) initial letter of approval for licensure-30 working days; (C) letter of denial of licensure-180 working days; and (D) issuance of license renewal after receipt of documentation of all renewal requirements-20 working days. (b) Reimbursement of fees. (1) In the event an application is not processed in the time periods stated in subsection (a) of this section, the applicant has the right to request reimbursement of all fees paid in that particular application process. Application for reimbursement shall be made to the executive secretary. If the executive secretary does not agree that the time period has been violated or finds that good cause existed for exceeding the time period, the request will be denied. (2) Good cause for exceeding the time period is considered to exist if the number of applications for licensure and licensure renewal exceeds by 15% or more the number of applications processed in the same calendar quarter the preceding year; another public or private entity relied upon by the board in the application process caused the delay; or any other condition exists giving the board good cause for exceeding the time period. (c) Appeal. If a request for reimbursement under subsection (b) of this section is denied by the executive secretary, the applicant may appeal to the chairman of the board for a timely resolution of any dispute arising from a violation of the time periods. The applicant shall give written notice to the chairman at the address of the board that he or she requests full reimbursement of all fees paid because his or her application was not processed within the applicable time period. The executive secretary shall submit a written report of the facts related to the processing of the application and of any good cause for exceeding the applicable time period. The program administrator shall provide written notice of the chairman's decision to the applicant and the executive secretary. An appeal shall be decided in the applicant's favor if the applicable time period was exceeded and good cause was not established. If the appeal is decided in favor of the applicant, full reimbursement of all fees paid in that particular application process shall be made. (d) Contested cases. The time periods for contested cases related to the denial of licensure or license renewals are not included within the time periods stated in subsection (a)(1) of this section. The time period for conducting a contested case hearing runs from the date the department receives a written request for a hearing and ends when the decision of the board is final and appealable. A hearing may be completed within one to four months, but may extend for a longer period of time depending on the particular circumstances of the hearing. 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 31, 1991. TRD-9109134 Wilford F. Pickens, Jr. Chairman Advisory Board of Athletic Trainers Proposed date of adoption: September 15, 1991 For further information, please call: (512) 459-2952 Part VIII. Interagency Council on Early Childhood Intervention Chapter 621. Early Childhood Intervention Program Early Childhood Intervention Service Delivery The Interagency Council on Early Childhood Intervention (ECI) proposes amendments to sec.sec.621.22-621.26, 621.28, 621.41, 621.42, and sec.621.44, concerning the Early Childhood Intervention Program. The sections cover early childhood intervention service delivery, procedural safeguards, and due process procedures. The amendments to sec.sec.621.22-621.26 and sec.621.28 add and clarify definitions, service delivery requirements, program administrative requirements, and application requirements. The amendments to sec.sec.621.41, 621.42, and sec.621.44 clarify procedural safeguards and procedures for resolving complaints at the local and state level. The amendments are proposed to comply with Public Law 100-476 (the Individuals with Disabilities Education Act) and 34 Code of Federal Regulations, Part 303, Regulations for the Early Intervention Program for Infant and Toddlers with Handicaps. Mary Elder, administrator, Early Childhood Intervention Program, 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 as proposed. Mary Elder 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 as proposed will be improved compliance with rules and improved understanding of procedural safeguards. There will be no efect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. There will be no effect on local employment. In regard to sec.621.23(5), the Texas Register requires all language to be included when renumbering of paragraphs occur, therefore only the language being amended is open for comment. Comments on the proposal may be submitted to Mary Elder, Administrator, Early Childhood Intervention Program, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7673. Comments will be accepted 30 days after publication of this proposal in the Texas Register. 25 TAC sec.sec.621.22-621.26, 621.28 The amendments are proposed under the Human Resources Code, sec.73.003, which provides the Interagency Council on Early Childhood Intervention with the authority to establish rules regarding services provided for children with developmental delays. sec.621.22. Definitions.
                                                                                                                                                                The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
                                                                                                                                                                  Case manager (service coordinator)
                                                                                                                                                                    -A staff person who is assigned to a child/family who is the single contact point for families, and who is responsible for assisting and empowering families in accessing services and coordinating those services. Complaint-A formal written allegation submitted to the council stating that a requirement of Public Law 99-457 or an applicable federal and/or state regulation has been violated.
                                                                                                                                                                      Interdisciplinary team-A minimum
                                                                                                                                                                        [group] of two professionals from different disciplines
                                                                                                                                                                          [all appropriate qualified personnel from different disciplines] and the child's parents who meet to share evaluation information, determine eligibility, assess needs, and develop the individualized family service plan (IFSP). The team must include the case manager who has been working with the family since the initial referral or the person responsible for implementing the IFSP and a person directly involved in conducting the evaluations and assessments must be present. sec.621.23. Service Delivery Requirements.
                                                                                                                                                                            Programs that receive Early Childhood Intervention Program (ECI) funds must have written policies and procedures which are implemented and evaluated in each of the following areas. (1) Client eligibility. The program must have written criteria for accepting children into the program. (A) A child is eligible for ECI services if the child is under three years of age including those children authorized for services as visually [handicapped] or auditorially impaired
                                                                                                                                                                              [handicapped] children as defined by the Texas Education Code. (B) A child is eligible for ECI services if the child is documented as developmentally delayed or has a medically
                                                                                                                                                                                diagnosed physical or mental condition that has a high probability of resulting in developmental delay. (C) If funding is available and all eligible children are being served in the state, the state ECI office can indicate that children at risk can also be served. Services may be provided to a child if the child is: (i)
                                                                                                                                                                                  (No change.) (ii)
                                                                                                                                                                                    over three years of age [after September 1, ] and ineligible for public school services [solely due to the date of birth]. (D) Determination of eligibility shall be as follows. (i)
                                                                                                                                                                                      Children whose development is delayed in one or more of the following areas: cognitive, motor, speech/language, social-emotional, [or] self-help , or adaptive development
                                                                                                                                                                                        must be determined eligible by: (I) (No change.) (II) determination of delayed or atypical development by a qualified professional (i.e., psychologist, occupational therapist, speech therapist,
                                                                                                                                                                                          physical therapist, physician,
                                                                                                                                                                                            etc.) in one of the following ways: (-a-)-(-c-) (No change.) (ii)
                                                                                                                                                                                              Children who have a medically
                                                                                                                                                                                                diagnosed physical or mental condition that has a high probability of resulting in developmental delay must be determined eligible by identification of specific conditions with known etiologies and developmental consequences, including, but not limited to: (I)-(IV) (No change.) (V) [severe attachment disorders, including] failure to thrive; (VI)-(VII) (No change.) (iii)
                                                                                                                                                                                                  (No change.) (2) (No change.) (3) Assessment and evaluation. The assessment and evaluation must be in accordance with the following criteria and procedures. (A)-(D) (No change.) (E) Child assessments and evaluations must include the following: (i)
                                                                                                                                                                                                    a review [and written summary] of the child's health and medical history and any other pertinent records including records of previous examinations and immunizations
                                                                                                                                                                                                      : [(I) a health examination. Each child must have an examination by a physician or by a nurse under the supervision of a physician within 90 days prior to entry into the program or within 30 days following admission, unless contraindicated by religious considerations. Medical personnel shall indicate any special medical, dental, nursing, nutritional, and/or other health care needs which must be considered by the program in planning services. If religious reasons contraindicate a health examination, documentation to that effect must be maintained by the program. Services cannot be denied if a child does not have a physical examination; and [(II) an immunization record. Children who will be participating in any ECI group activities must have immunizations appropriate to the child's age as recommended by the Texas Department of Health. If medical or religious reasons contraindicate immunization requirements, documentation to that effect must be maintained by the program and the family must be notified that their infant could be excluded from center-based programming if a contagious outbreak occurs;] (ii)
                                                                                                                                                                                                        an evaluation of the child's level of functioning in the following developmental areas: (I) (No change.) (II) physical development, including vision and hearing, gross and fine motor skills, and nutrition status; (III) communication
                                                                                                                                                                                                          [language and speech] development; (IV) social-emotional
                                                                                                                                                                                                            [psychosocial] development; and (V) adaptive development or
                                                                                                                                                                                                              self-help skills; (iii) -(v)
                                                                                                                                                                                                                (No change.) (F) Identification of the family's concerns, priorities, and resources
                                                                                                                                                                                                                  [Family assessments] must be voluntary. If a family agrees
                                                                                                                                                                                                                    [assessment is conducted], the identification
                                                                                                                                                                                                                      [assessment] must: (i)
                                                                                                                                                                                                                        be designed to determine the [strengths, needs, and] concerns,
                                                                                                                                                                                                                          priorities, and resources
                                                                                                                                                                                                                            of the family related to enhancing the child's development [and to include the family's description of their strengths and needs;] and (ii)
                                                                                                                                                                                                                              be based on information provided by the family [through personal interview and other means]. (4) Health admission requirement. (A) Each child must have an examination by a physician, an advanced pediatric nurse practitioner/clinician, or a public health clinic registered nurse with the education and experience to perform the pediatric admission health examination working within a structured protocol designed in collaboration with the physician. The examination must be within 90 days prior to entry into the program or within 30 days following admission. Medical personnel shall indicate any special medical, dental, nursing, nutritional, and/or other health care needs which must be considered by the program in planning services. If religious reasons prohibit a health examination, documentation to that effect must be maintained by the program. (B) Children who will be participating in any ECI group activities must have immunizations appropriate to the child's age as recommended by the Texas Department of Health. If medical or religious reasons contraindicate immunization requirements, documentation to that effect must be maintained by the program and the family must be notified that their infant could be excluded from group activities if a contagious outbreak occurs. (5)
                                                                                                                                                                                                                                [(4)] Individualized family service plan (IFSP). An IFSP must be developed for each child and the child's family. (A) Procedures for development, review, and evaluation. (i)
                                                                                                                                                                                                                                  The IFSP must be written within 45 days of referral and be developed jointly by the family and appropriate qualified personnel. The IFSP must be based on assessment and evaluation information and include services necessary to enhance the development of the child and the capacity of the family to meet the child's special needs. No IFSP shall be implemented without prior written consent from the parent(s). (ii)
                                                                                                                                                                                                                                    If services are delivered by more than one provider, services must be jointly coordinated. (iii)
                                                                                                                                                                                                                                      Reviews of the IFSP must be conducted every six months (or more frequently if conditions warrant or the family requests such a review). The review may be carried out by a meeting or by other means acceptable to the parents and other participants. The purposes of the review are to determine: (I) the degree to which progress toward achieving the outcomes is being made; and (II) whether modification or revision of the outcomes or services is necessary. (iv)
                                                                                                                                                                                                                                        An annual meeting must be conducted to evaluate the IFSP for the child and family, and, as appropriate, to revise its provisions. Evaluation
                                                                                                                                                                                                                                          [Annual evaluation] results and other information available from the ongoing assessment of the child and family may
                                                                                                                                                                                                                                            [must] be used in determining what services are needed and will be provided. (v)
                                                                                                                                                                                                                                              IFSP meetings must be conducted: (I) in settings and at times that are convenient to families; and (II) in the native language or mode of communication used by the family. (vi)
                                                                                                                                                                                                                                                Meeting arrangements must be made with, and written notice provided to, the family and other participants early enough before the meeting date to ensure that they will be able to attend, unless waived by the parent. (B) IFSP participants. An interdisciplinary team must meet to establish eligibility and develop the initial IFSP. The interdisciplinary team must include the following participants: (i)
                                                                                                                                                                                                                                                  the parent(s) of the child; (ii)
                                                                                                                                                                                                                                                    other family members or child care persons, when requested by the parent; (iii)
                                                                                                                                                                                                                                                      an advocate or person outside the family, when requested by the parent; and (iv)
                                                                                                                                                                                                                                                        a minimum of two professionals from different disciplines [who represent different areas of program responsibility such as administration, case management, assessment, and service delivery]. [At a minimum,] The team must include
                                                                                                                                                                                                                                                          the case manager who has been working with the family since the initial referral or the person responsible for implementing the IFSP and a person directly involved in conducting the evaluations and assessments must be present. (C) Required
                                                                                                                                                                                                                                                            [Available] services. Individualized intervention services, as determined by the interdisciplinary team, must be provided to meet the developmental needs of the child, and the needs of the family related to enhancing the child's development. All services identified as needed for
                                                                                                                                                                                                                                                              [by] the child [and family] by the interdisciplinary team
                                                                                                                                                                                                                                                                must be addressed
                                                                                                                                                                                                                                                                  [listed] in the IFSP. With concurrence of the family, all services identified as needed by the family, may be addressed in the IFSP.
                                                                                                                                                                                                                                                                    The array of services must include, but is not limited to, the following: (i)
                                                                                                                                                                                                                                                                      case management ( service coordination
                                                                                                                                                                                                                                                                        ) services; (ii)
                                                                                                                                                                                                                                                                          early identification, screening and assessment services, and the other early intervention services; (iii)
                                                                                                                                                                                                                                                                            medical services only for diagnostic or evaluation purposes; (iv)
                                                                                                                                                                                                                                                                              special instruction; (v)
                                                                                                                                                                                                                                                                                family education; (vi)
                                                                                                                                                                                                                                                                                  home visits; (vii)
                                                                                                                                                                                                                                                                                    speech and language therapy; (viii)
                                                                                                                                                                                                                                                                                      audiology; ( ix)
                                                                                                                                                                                                                                                                                        occupational therapy; (x)
                                                                                                                                                                                                                                                                                          adaptive equipment; (xi)
                                                                                                                                                                                                                                                                                            physical therapy; (xii)
                                                                                                                                                                                                                                                                                              psychological services; (xiii)
                                                                                                                                                                                                                                                                                                family counseling; (xiv)
                                                                                                                                                                                                                                                                                                  social work services; (xv)
                                                                                                                                                                                                                                                                                                    health services necessary to enable the child to benefit from the other early intervention services; (xvi)
                                                                                                                                                                                                                                                                                                      nursing services; (xvii)
                                                                                                                                                                                                                                                                                                        transportation; (xviii)
                                                                                                                                                                                                                                                                                                          nutrition services; and (xix)
                                                                                                                                                                                                                                                                                                            other services. (D) Types of services. For the purpose of this chapter the following types of services apply. (i)
                                                                                                                                                                                                                                                                                                              The service of audiology includes: (I) identification of children with auditory impairment, using at-risk criteria and appropriate audiologic screening techniques; (II) determination of the range, nature, and degree of hearing loss and communication functions, by use of audiological evaluation procedures; (III) referral for medical and other services necessary for the habilitation of children with auditory impairment; (IV) provision of auditory training, aural rehabilitation speech reading and listing device orientation and training, and other services; (V) provision of services for prevention of hearing loss; and (VI) determination of the child's need for individual amplification, including selecting, fitting, and dispensing appropriate listening and vibrotactile devices, and evaluating the effectiveness of those devices. (ii)
                                                                                                                                                                                                                                                                                                                Case management services (service coordination
                                                                                                                                                                                                                                                                                                                  ) include assistance provided by a case manager to an eligible child and the child's family that is designed to assist and empower the family in enhancing the child's development in accordance with the rights provisions and procedural safeguards of this chapter. (iii)
                                                                                                                                                                                                                                                                                                                    Family education, counseling, and home visits include services provided, as appropriate, by social workers, psychologists, and other qualified personnel to assist the family of an eligible child in understanding the special needs of the child and enchancing the child's development. (I) Family education is activities designed to improve the knowledge and skills of parents and other family members in matters related to growth, development, and learning of their child. (II) Counseling is assistance provided to the parents by qualified personnel. (III) Home visits are all services provided in the child's home. (iv)
                                                                                                                                                                                                                                                                                                                      Health services include services necessary to enable a child to benefit from the other early intervention services during the time that the child is receiving the other early intervention services. (I) The term "health services" includes: (-a-) such services as clean intermittent catheterization, tracheostomy care, tube feeding, the changing of dressings or ostomy collection bags, and other health services; and (-b-) consultation by physicians with other service providers concerning the special health care needs of eligible children that will need to be addressed in the course of providing other early intervention services. (II) The term "health services" does not include services that are: (-a-) surgical in nature (such as cleft palate surgery, surgery for club foot, or the shunting of hydrocephalus); or (-b-) purely medical in nature (such as hospitalization for management of congenital heart ailments, or the prescribing of medicine or drugs for any purpose); (-c-) provision of devices necessary to control or treat a medical condition; or (-d-) medical-health services (such as immunizations and regular "well-baby" care) that are routinely recommended for all children. (v)
                                                                                                                                                                                                                                                                                                                        Medical services only for diagnostic or evaluation purposes includes services provided by a licensed physician to determine a child's developmental status and need for early intervention services. (vi)
                                                                                                                                                                                                                                                                                                                          Nursing services include: (I) the assessment of health status for the purpose of providing nursing care, including the identification of patterns of human response to actual or potential health problems; (II) the provision of nursing care to prevent health problems, restore or improve functioning, and promote optimal health and development; and (III) the administration of medications, treatments, and regimens prescribed by a licensed physician. (vii)
                                                                                                                                                                                                                                                                                                                            Nutrition services include: (I) conducting individual assessments in: (-a-) nutritional history and dietary intake; (-b-) anthropometric, biochemical, and clinical variables; (-c-) feeding skills and feeding problems; and (-d-) food habits and food preferences; (II) developing and monitoring appropriate plans to address the nutritional needs of eligible children; and (III) making referrals to appropriate community resources to carry out nutrition goals. (viii)
                                                                                                                                                                                                                                                                                                                              Occupational therapy services include: (I) services to address the functional needs of a child related to the performance of self-help skills; adaptive behavior and play; and sensory, motor, and postural development in home, school, and community settings; (II) identification, assessment, and intervention; (III) adaptation of the environment, and selection, design, and fabrication of assistive and orthotic devices to facilitate development and promote the acquisition of functional skills; and (IV) prevention or minimization of the impact of initial or future impairment, delay in development, or loss of functional ability. (ix)
                                                                                                                                                                                                                                                                                                                                Physical therapy services include: (I) screening of infants and toddlers to identify movement dysfunction; (II) obtaining, interpreting, and integrating information appropriate to program planning to prevent or alleviate movement dysfunction and related functional problems; and (III) providing services to prevent or alleviate movement dysfunction and related functional problems. (x)
                                                                                                                                                                                                                                                                                                                                  Psychological services include: (I) administering psychological and developmental tests, and other assessment procedures; (II) interpreting assessment results; (III) obtaining, integrating, and interpreting information about child behavior, and child and family conditions related to learning, mental health, and development; and (IV) planning and managing a program of psychological services, including psychological counseling for children and parents, family counseling, consultation on child development, parent training, and education programs. (xi)
                                                                                                                                                                                                                                                                                                                                    Social work services include: (I) making home visits to evaluate a child's living conditions and patterns of parent-child interaction; (II) preparing a psychosocial developmental assessment of the child within the family context; (III) providing individual and family-group counseling with parents and other family members, and appropriate social skill-building activities with the child and parents; (IV) working with those problems in a child's and family's living situation (home, community, and any center where early intervention services are provided) that affect the child's maximum utilization of early intervention services; and (V) identifying, mobilizing, and coordinating community resources and services to enable the child and family to receive maximum benefit from early intervention services. (xii)
                                                                                                                                                                                                                                                                                                                                      Special instruction services include: (I) the design of learning environments and activities that promote the child's acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction; (II) curriculum planning, including the planned interaction of personnel, materials, and time and space, that leads to achieving the outcomes in the child's IFSP; (III) providing families with information, skills, and support related to enhancing the skill development of the child; and (IV) working with the child to enhance the child's development. (xiii)
                                                                                                                                                                                                                                                                                                                                        Speech-language pathology services include: (I) identification of children with communicative or oral pharyngeal disorders and delays in development of communication skills, including the diagnosis and appraisal of specific disorders and delays in those skills; (II) referral for medical or other professional services necessary for the habilitation or rehabilitation of children with communicative or oral pharyngeal disorders and delays in development of communication skills; and (III) provision of services for the habilitation, rehabilitation, or prevention of communicative or oral pharyngeal disorders and delays in development of communication skills. (xiv)
                                                                                                                                                                                                                                                                                                                                          Transportation services include the coverage of cost of travel (e.g., mileage, or travel by taxi, common carrier, or other means) and related costs (e.g., tolls and parking expenses) that are necessary to enable an eligible child and the child's family to receive early intervention services. (xv)
                                                                                                                                                                                                                                                                                                                                            Adaptive equipment services include the provision of equipment which has been designed or altered to match the abilities of the child and enables the child to interact with the environment more independently. (E) Service options. In a service area, options for instruction or treatment must be available based upon consideration of the medical, social, educational, and developmental needs of the child and family as stated in the IFSP. These options include: (i)
                                                                                                                                                                                                                                                                                                                                              individual services in the home or center or other locations; (ii)
                                                                                                                                                                                                                                                                                                                                                group services delivered at a site with other children; (iii)
                                                                                                                                                                                                                                                                                                                                                  to the maximum
                                                                                                                                                                                                                                                                                                                                                    extent appropriate, early intervention services to be provided in natural environments including the home and community settings in which children without disabilities may participate
                                                                                                                                                                                                                                                                                                                                                      [the types of settings in which infants and toddlers without handicaps would participate]; (iv)
                                                                                                                                                                                                                                                                                                                                                        flexible hours in programming which allow options for parents to participate (i.e., working parents); [(v)
                                                                                                                                                                                                                                                                                                                                                          full-year services, open for 48 weeks;] (v)
                                                                                                                                                                                                                                                                                                                                                            [(vi) ] variable degrees of family involvement in services, as determined by the family; [(vii)
                                                                                                                                                                                                                                                                                                                                                              services available at a minimum of one hour per week based on individual need.] (F) Availability of services. (i) The provider must demonstrate the capacity to provide instruction and treatment for a minimum of 48 weeks of each year. (ii) The provider must demonstrate the capacity to deliver a minimum of one hour of services per week for each child whose IFSP indicates such a need. (G)
                                                                                                                                                                                                                                                                                                                                                                [(F)] Case management (service coordinator). (i)
                                                                                                                                                                                                                                                                                                                                                                  One case manager must be identified for each eligible child/family. [(I) A case manager must be assigned at the time of intake.] (I)
                                                                                                                                                                                                                                                                                                                                                                    [(II)] An initial case manager must be
                                                                                                                                                                                                                                                                                                                                                                      [is] assigned at the time of referral/intake. A new case manager may be assigned at the time the IFSP is developed or the original case manager may be retained, if appropriate. The parents must be given the name of their assigned case manager and told how to contact them. (II)
                                                                                                                                                                                                                                                                                                                                                                        [(III)] The case manager assigned by the interdisciplinary team must be from the profession most relevant to the child/family's needs. (III)
                                                                                                                                                                                                                                                                                                                                                                          [(IV)] The case manager assigned may not be the parent. In some instances a staff person may share case management responsibilities with a parent. (IV)
                                                                                                                                                                                                                                                                                                                                                                            [(V)] A new case manager must be appointed if a parent requests. (ii)
                                                                                                                                                                                                                                                                                                                                                                              The case manager is responsible for coordinating all services within the program and between agencies including: (I) coordinating the performance of evaluations/assessments; (II) facilitating and participating in development, review, and evaluation of the IFSP; (III) monitoring the provision of services to ensure timely delivery of services; (IV) facilitating the development of a transition plan to include follow-up services when a child leaves the program; (V) continually seeking appropriate services for children/families; and (VI) coordinating with medical and health providers. (iii)
                                                                                                                                                                                                                                                                                                                                                                                The case manager must serve as the single contact point for parents to help the families with services including: (I) addressing identified needs and ongoing service requests; (II) identifying resources and helping parents to choose among and to access these resources; (III) informing families of advocacy services; and (IV) informing families of complaint procedures. (iv)
                                                                                                                                                                                                                                                                                                                                                                                  The local program must ensure that all persons functioning as case managers are: (I) knowledgeable about infants and toddlers who are developmentally delayed or at risk of delay; (II) knowledgeable of Part H of Public Law 99-457; and (III) knowledgeable about services available on the state and local levels, including eligibility and fee-for-service information. (H)
                                                                                                                                                                                                                                                                                                                                                                                    [(G)] Contents of the plan. Programs which receive ECI funds must have a written IFSP for each child developed jointly by the interdisciplinary team including the child's parents. (i)
                                                                                                                                                                                                                                                                                                                                                                                      The IFSP must include an integrated summary of all assessments and evaluations of the child's present levels of physical development (including gross and fine motor skills, nutrition,
                                                                                                                                                                                                                                                                                                                                                                                        vision, hearing, and health status), cognitive development, communication
                                                                                                                                                                                                                                                                                                                                                                                          [language and speech] development, social-emotional
                                                                                                                                                                                                                                                                                                                                                                                            [psychosocial] development, and self-help or adaptive development
                                                                                                                                                                                                                                                                                                                                                                                              skills. This integrated summary
                                                                                                                                                                                                                                                                                                                                                                                                [statement] must be based on professionally acceptable criteria. A description
                                                                                                                                                                                                                                                                                                                                                                                                  [statement] of the child's strengths and needs must be included in the IFSP. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                    With the concurrence of the family, the IFSP must include an integrated summary of [any family assessments and a statement of] the family's concerns, priorities, and resources
                                                                                                                                                                                                                                                                                                                                                                                                      [strengths and needs] related to enhancing the development of the child. (iii)
                                                                                                                                                                                                                                                                                                                                                                                                        The IFSP must include a statement of the major strategies and outcomes expected to be achieved for the child and family, and the criteria, procedures, and timelines used to determine: (I) the degree to which progress toward achieving the outcomes is being made; and (II) whether modifications or revisions of the outcomes or services are necessary. (iv)
                                                                                                                                                                                                                                                                                                                                                                                                          The IFSP must address the specific early intervention services necessary to meet the unique needs of the child and the family to achieve the outcomes identified in the plan, including: (I) the frequency, intensity, location, and method of delivering the service; (II) a summary of the age appropriate opportunities that the child will have to interact with [same age] peers who do not have disabilities in natural environments
                                                                                                                                                                                                                                                                                                                                                                                                            ; (III) the payment arrangements, if any, for all services provided, by the ECI program. (v) To the extent appropriate, the IFSP must include: (I) medical and other services that the child needs, but that are not required in accordance with subparagraphs (C) and (D) of this paragraph; and (II) if necessary, the steps that will be taken to secure those services through public or private resources. (vi)
                                                                                                                                                                                                                                                                                                                                                                                                              [(v)] The IFSP must include the projected dates for initiation of intervention services and the expected duration of those services. (vii)
                                                                                                                                                                                                                                                                                                                                                                                                                [(vi)] The IFSP must identify the case manager who will be responsible for implementation of the IFSP and coordination with other agencies and persons. (I)
                                                                                                                                                                                                                                                                                                                                                                                                                  [(H)] Transition. The IFSP must include the steps to be taken to support the transition of the child to public school preschool services (Part B of the Individual's with Disabilities Education Act)
                                                                                                                                                                                                                                                                                                                                                                                                                    [1986 Amendments to the Education of the Handicapped Act], upon reaching the age of three, [by September 1,] or to other services that may be available, if appropriate. The steps required include: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                      discussions with, and training of, parents regarding future placements and other matters related to the child's transition; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                        procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting; and (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                          with parental consent, the transmission of information about the child to the local educational agency or other service provider, to ensure continuity of services, including evaluation and assessment information, and copies of IFSPs that have been developed. (J)
                                                                                                                                                                                                                                                                                                                                                                                                                            [(I)] Interim IFSP. Early intervention services for an eligible child and the child's family may commence before the completion of the evaluation and assessment if the following conditions are met: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                              parental consent is obtained; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                an interim IFSP is developed that includes: (I) the name of the case manager who will be responsible for implementation of the interim IFSP and coordination with other agencies and persons; and (II) the early intervention services that have been determined to be needed immediately by the child and the child's family; and (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                  the evaluation and assessments are completed within 45 days of intake. (K)
                                                                                                                                                                                                                                                                                                                                                                                                                                    [(J)] Responsibility/accountability. Each agency or person who has a direct role in the provision of early intervention services is responsible for making a good faith effort to assist each eligible child in achieving the outcomes in the child's IFSP. However, no agency or person can be held accountable if an eligible child does not achieve the growth projected in the child's IFSP. (L)
                                                                                                                                                                                                                                                                                                                                                                                                                                      [(K)] Reimbursement for service. (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                        All ECI required services must be provided at no cost to families, including, but not limited to, child find, evaluation and assessment, case management, and administration and coordination related to the development, review, and evaluation of IFSPs. (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                          No child may be denied services because of the family's inability to pay. All programs will be required to bill third party insurers for all services at no cost to families. Third parties include, but are not limited to, HMOs, private insurance, Medicaid, and the Chronically Ill and Disabled Children's Program. (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                            Families will be required to apply for assistance for all applicable funding resources for which they are potentially eligible including, but not limited to, Medicaid, and the Chronically Ill and Disabled Children's Program. (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                              All programs will be required to apply for Chapter I funds. sec.621.24. Program Administration. (a)-(b) (No change.) (c) Program requirements. (1) Child find. Each program must develop and implement a child find plan
                                                                                                                                                                                                                                                                                                                                                                                                                                                [program] which includes: (A)-(C) (No change.) (2) Required services. (A) As of September 1, 1990, each program must provide an evaluation and assessment, case management services, and an IFSP for all eligible children. [(B) As of September 1, 1991, all eligible children must be provided services as described in the IFSP. [(C) As of September 1, 1991, each program must notify the state ECI office in writing on the form prescribed within seven days if an eligible child has been identified and the program is not able to provide services.] (3) Public awareness. Each program must develop and implement a public awareness plan
                                                                                                                                                                                                                                                                                                                                                                                                                                                  [program] which includes: (A) -(C) (No change.) (4)-(6) (No change.) (7) Child health standards. Programs that receive ECI funds must have written policies and procedures which are implemented and evaluated in each of the following areas. (A)-(C) (No change.) (8) Safety regulations regarding emergencies for all buildings where ECI programs are housed
                                                                                                                                                                                                                                                                                                                                                                                                                                                    [for center-based facilities only]. Programs that receive ECI funds must have written policies and procedures which are implemented and evaluated in the following areas. (A) During all times when children are in the facility
                                                                                                                                                                                                                                                                                                                                                                                                                                                      [center], there must be present at least one staff member certified in cardiopulmonary resuscitation of infants and children, and training in first aid and emergency care of seizures. (B) (No change.) (C) There must be written posted procedures to be followed in the event of actual or threatened natural disasters, such as fire, tornado, flood, hurricane (as appropriate for the area). Evacuation routes must be posted. Procedures must be individualized for each [center-based] location. (D) Each [center-based] facility must conduct quarterly fire drills rehearsing the evacuation of all children. Such drills must be documented. (E) Each [center-based] facility must have a working telephone, and emergency telephone numbers must be posted. (9) Accessibility and safety. Programs that receive ECI funds must have written policies and procedures which are implemented and evaluated in the following areas. (A)-(D) (No change.) [(E) Buildings must be able to be safely evacuated in the event of an emergency.] (10) Transportation safety. Programs that receive ECI funds must have written policies and procedures which are implemented and evaluated in the following areas. (A)-(C) (No change.) (D) Drivers and driver's aides must have training
                                                                                                                                                                                                                                                                                                                                                                                                                                                        [be trained] in first aid and be certified
                                                                                                                                                                                                                                                                                                                                                                                                                                                          in cardiopulmonary resuscitation for children and infants.
                                                                                                                                                                                                                                                                                                                                                                                                                                                            [emergency procedures.] (11) (No change.) (12) Staff health regulations. Programs that receive ECI funds must have written policies and procedures which are implemented and evaluated in the following areas. (A) (No change.) (B) Programs shall
                                                                                                                                                                                                                                                                                                                                                                                                                                                              [may] not require HIV
                                                                                                                                                                                                                                                                                                                                                                                                                                                                [AIDS] testing of employees. (C)-(D) (No change.) (13) Staff development for health/safety issues. Programs that receive ECI funds must have written policies and procedures which are implemented and evaluated in the following areas. [(A) All staff who work directly with children must receive training in first aid and have certification in cardiopulmonary resuscitation for children and infants.] (A)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  [(B)] All staff who work directly with children must receive training in the implementation of universal precautions for Texas ECI programs and in the recognition of common childhood illnesses. (B)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    [(C)] When [organized swimming] activities are provided in a swimming pool
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      , there must be at least one person present who is certified by the American Red Cross in [advanced lifesaving,] water safety instruction, [or] lifeguard training, or emergency water safety
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        . [(D) Volunteers or students who perform the same functions as staff must receive the same training for those functions as the staff members who perform them.] sec.621.25. Application Requirements. (a)-(c) (No change.) (d) Applicant share or maintenance of effort. (1) The maximum reimbursement through ECI for continuation programs is contingent on program expenditure levels maintained in the previous year in which ECI funds were requested. All ECI funded
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          [continuation] programs are required to maintain local funding and support based on their previous year expenditures. (2) New programs may follow a phase-in perod for developing local community support. The following schedule illustates the maximum reimbursement percentages for new programs in their first three years. [graphic] (3) The applicant's share or maintenance of effort may include the following: (A) federal, state, and local funds if allowable as match by source of funds
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ; (B)-(D) (No change.) (4)-(7) (No change.) (e) Allowable costs. (1) The following is intended to be a summary of the most frequently requested costs, and should not be construed to be complete. (Exclusion of a particular item from the allowable list does not necessarily mean it is unallowable. All costs to be reimbursed by ECI or applicant share must go exclusively for the conduct of the program.) A complete list of expenditures is listed in the UG&CMS: (A)-(E) (No change.) (2) The following expenses are the most common types of "other expenses: " (A) (No change.) (B) depreciation-allowable whenever real or personal property are used for the benefit of the grant. May only count toward the applicant's share with grantors approval
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ; is not chargeable to the ECI share; (C)-(G) (No change) (f) (no change.) sec.621.26. Financial Management and Record Keeping Requirements. (a) (No change.) (b) Financial management system. (1)-(2) (No change.) (3) All records pertaining to the financial management of the grant shall be maintained for a period of five
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                [three] years (or until all audit questions are resolved) from the date of submission of the annual or final report. (c)-(e) (No change.) sec.621.28. Grant Award. (a) Following the review process, the council will meet to approve or deny grants. Final versions of the work plan and budget
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  [programs] will be negotiated where necessary. Each applicant will be notified in writing of the council's decision. The reason for a denial will be communicated in writing to the applicant. (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 August 1, 1991. TRD-9109182 Patti Patterson, M.D., F.A.A.P Chairperson Interagency Council on Early Childhood Intervention Proposed date of adoption: September 25, 1991 For further information, please call: (512) 458-7673 Procedural Safeguards and Due Process Procedures 25 TAC sec.sec.621.41-621.42, 621.44 The amendments are proposed under the Human Resource Code, sec.73.003, which provides the Interagency Council on Early Childhood Intervention with the authority to establish rules regarding services provided for children with developmental delays. sec.621.41. Procedural Safeguards. (a)-(b) (No change.) (c) Responsibilities. Each program shall be responsible for: (1) -(2) (No change.) (3) providing oral and written explanation
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    [notice] to parents regarding procedural safeguards during the intake process
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      [at the time of initial contact with the programs] and at other times when
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        [at which] parental consent is required. (d) Prior notice; native language. (1) Prior notice. Written prior notice must be given to [the] parents [of an eligible child] at least 10 days before a public agency or service provider proposes, or refuses, to initiate or change the eligibility
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          , [identification,] evaluation, or placement of the child, or the provision of appropriate early intervention services to the child and the child's family, unless waived by the parents. (2)-(3) (No change.) (e)-(f) (No change.) sec.621.42. Procedures for Resolving Complaints at the Local Level. (a) Each [local] agency shall have a written procedure for local
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            [informal] resolution of complaints. At any time a parent has a disagreement with the local agency, the parent shall be provided an opportunity for [informal] dispute resolution at the local level between the local ECI program director, the person making the complaint, and any other parties who are subjects of the complaint. The [informal] resolution proceedings may not be used to delay an administrative proceeding or a formal complaint to the Council
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              requested by a parent. (b) A written summary of local
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                [informal] dispute resolution activities shall be maintained by the local ECI program director. (c) (No change.) [(d) In addition, any individual or organization may file a complaint directly with the council.] sec.621.44. Confidentiality.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  The council and each program have the following responsibilities in regard to confidentiality of information. (1) Notice to parents. (A) The council [and each program] shall develop a document
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    [give notice] which is adequate to fully inform parents about the following requirements: (i)-(iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      (No change.) (B) (No change.) (2) Distribution of document. Each program shall distribute the document developed by the council to all parents and ensure that they are fully informed about requirements related to confidentiality and procedural safeguards. (3)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        [(2)] Access rights. (A) The parents of a child eligible under this chapter must be afforded the opportunity to inspect and review any ECI
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          [education] records relating to their child and the child's family. The program shall comply with a request without unnecessary delay and before any meeting regarding an IFSP or hearing relating to the identification, evaluation, or placement of the child, and in no case, more than 45 days after the request has been made. (B) The right to inspect and review records under this section includes: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            the right to a response from the participating program to reasonable requests for explanations and interpretations of the records; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              the right to request that the program provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                the right to have a representative of the parent inspect and review the records. (C) Programs may presume that the parent has authority to inspect and review records relating to his or her child unless the agency has been advised that the parent does not have the authority under applicable state law governing such matters as guardianship, separation, and divorce. (4)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  [(3)] Record of access. Each program shall keep a record of parties obtaining access to service records collected, maintained, or used under this chapter (except access by parents and authorized employees of the participating agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records. (5)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    [(4)] Records on more than one child. If any record includes information on more than one child, the parents of those children shall have the right to inspect and review only the information relating to their child or to be informed of that specific information. (6)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      [(5)] List of types and locations of information. Each program shall, on request, provide parents a list of the types and locations of service records collected, maintained, or used by the agency. (7)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        [(6)] Fees. (A) Programs may charge a fee for copies of records which are made for parents under this section if the fee does not effectively prevent the parents from exercising their right to inspect and review those records. (B) Programs may not charge a fee to search for or to retrieve information under this section. (8)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          [(7)] Amendment of records at parent's request. (A) A parent who believes that information in records collected, maintained, or used under this section is inaccurate or misleading or violates the privacy or other rights of the child, may request the program which maintains the information to amend the information. (B) The program shall decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request, not to exceed 30 days. (C) If, after review of the request, the program decides the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it shall amend the record accordingly and so inform the parent in writing. (D) If the program decides to refuse to amend the information in accordance with the request, it shall inform the parent of the refusal, and advise the parent of the right to a hearing conducted by the local program in accordance with the requirements of the Family Education Rights and Privacy Act (FERPA). (9)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            [(8)] Opportunity for a hearing. The program shall, on request, provide an opportunity for a hearing to challenge information in service records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child. This hearing must be conducted with the requirements of the FERPA. (10)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              [(9)] Minimum requirements for conducting a hearing according to FERPA. The hearing must meet at a minimum the following requirements. (A) The program shall hold the hearing within a reasonable time, not to exceed 30 days, after it has received the request for the hearing from the parent or eligible student. (B) The program shall give the parent or eligible student notice of the date, time, and place, reasonably in advance of the hearing. (C) The hearing may be conducted by any individual including an official of the program who does not have a direct interest in the outcome of the hearing. (D) The program shall give the parent or eligible student a full and fair opportunity to present evidence relevant to the issues under FERPA, including, but not limited to, FERPA, s99.21. The parent or eligible student may, at his or her own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney. (E) The program shall make its decision in writing within a reasonable period of time after the hearing, not to exceed 30 days. (F) The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision. (11)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                [(10)] Results of hearing. (A) If, as a result of the hearing, the program decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child or family, it shall amend the information accordingly and so inform the parents in writing. (B) If, as a result of the hearing, the program decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child or family, it shall inform the parent of the right to place in the record it maintains on the child or family, a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the program and the right to file a written complaint under the FERPA. (C) Any explanation placed in the records of the child or family under this section must: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  be maintained by the program as part of the records of the child or family as long as the record or contested portion is maintained by the program; and (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    if the records of the child or family or the contested portion is disclosed by the program to any party, the explanation must also be disclosed to the party. (12)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      [(11)] Consent. (A) Parental consent must be obtained before personally identifiable information is: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        disclosed to anyone other than officials or employees of ECI
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          participating agencies collecting or using the information or who have a legitimate need for access unless prohibited by federal or state law; or (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            used for any purpose other than meeting a requirement under this chapter. (B) A provider may request that parents provide a [general] release to share information with others for legitimate purposes. However, when such a release is sought: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              parents must be informed of their right to refuse to sign the release. Notice of the right to refuse should appear on the release form; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                the release form must list the agencies and providers to whom information may be given and specify the type of information that might be given to each; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  parents must be given the opportunity to limit the information provided under the release and to limit the agencies, providers, and persons with whom information may be shared. The release form must provide ample space for parents to express in writing such limitations; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    the release must be revocable at any time; and (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      the release must be time-limited not to exceed one year.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        [The release should be effective only until the initial IFSP is developed or, if an IFSP has already been developed, until the next IFSP review.] (C) The local program shall include policies and procedures in its annual program plan which are used in the event that a parent refuses to provide consent under this section. (13)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          [(12)] Safeguards. (A) Programs shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. (B) One official at each program shall assume responsibility for ensuring the confidentiality of any personally identifiable information. (C) All persons collecting or using personally identifiable information must receive training or instruction regarding the state's policies and procedures. (D) Each program shall maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information. (E) Each public agency and service provider should keep a log, accessible to the parents, of all disclosures of confidential information made pursuant to a general release executed by the parents. (14)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            [(13)] Record retention period. Unless a longer period is required by state or federal law, a grantee shall retain records for five years after the child has been dismissed from services. (15)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              [(14)] Destruction of information. (A) The program shall inform parents when personally identifiable information collected, maintained, or used under this chapter is no longer needed to provide services to the child and family. (B) [At that time, the] The
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                information must be destroyed upon request of the parents; however, a permanent record of a child's name, address, phone number, attendance record, services received, and years completed and dismissed may be maintained without time limitation. (C) "Destruction," as used in this section, means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable. (16)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  [(15)] Release of records. [(A) When parent consent is required, it must be specific for each request.] (A)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    [(B)] With the parents' informed consent, confidential Part H records may be provided to the public schools when a child is enrolled in school. If the parents refuse to consent, confidential Part H records may not be intermingled with public school records, including records relating to special education. (B)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      [(C)] An agency or provider may not, without the parents' prior informed consent, redisclose confidential information obtained from another agency or provider, unless such redisclosure is permitted under the terms of the original disclosure made to the agency or provider. 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 August 1, 1991. TRD-9109181 Patti Patterson, M.D., F.A.A.P Chairperson Interagency Council on Early Childhood Intervention Proposed date of adoption: September 25, 1991 For further information, please call: (512) 458-7673 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 19. Oil Spill Prevention Subchapter A. General Provisions 31 TAC sec.sec.19.1-19.6 The General Land Office (GLO) proposes new Chapter 19, Subchapters A-D, sec.sec.19.1-19.6, 19.11-19.20, 19.31-19.39, and 19.51-19.54, concerning prevention of oil spills in coastal waters, response to such spills, and compensation and liability for the response costs and damages incurred. The new chapter implements the Oil Spill Prevention and Response Act of 1991, Chapter 40, Natural Resources Code (OSPRA). With respect to oil spills in the marine environment, OSPRA provides a comprehensive legal framework and funding system allowing the State of Texas to establish and monitor oil spill prevention and response requirements for vessels and facilities that handle oil, to establish and carry out an effective program for state response to oil spills, to provide timely and equitable settlement and compensation of claims for those harmed by oil spills, and to provide for assessment and restoration for environmental damage from oil spills. OSPRA supports and complements the Oil Pollution Act of 1990, Public Law 101-380 (OPA). For example, compliance with OPA requirements for proof of financial responsibility and for oil spill response plans for vessels and facilities that handle oil constitutes compliance with certain provisions of OSPRA. Federal agencies delegated oil spill prevention and response duties under OPA include the Department of Transportation, the Environmental Protection Agency, the Department of Commerce, and the United States Army Corps of Engineers. These federal agencies are currently developing programs and regulations to implement OPA, which establishes rulemaking and programmatic deadlines extending as late as 1993. Since federal program implementation and rulemaking will affect key provisions of OSPRA, GLO proposes this chapter to establish interim requirements and procedures under OSPRA pending full implementation of OPA. OSPRA also leaves Texas the flexibility to establish regulatory requirements that differ from federal requirements if there is a substantial state interest to protect. The GLO intends to develop a state prevention and response program for oil spills in coastal waters that provides full capability to protect the environment and the health and welfare of the inhabitants of the Texas coast. Notwithstanding the progress of federal implementation of OPA, GLO will revise this chapter when necessary to achieve that goal. Furthermore, OSPRA calls for creation of an interagency oil spill council comprising various state agencies participating in oil spill response, as well as an oil spill oversight council comprising appointees, state and federal agency executives, and local officials. The GLO will coordinate its rule promulgation process with these councils. Subchapter A of the proposed Chapter 19 sets out general provisions applicable to the other subchapters of the proposed chapters. These include definitions, provisions for access to property by personnel or agents of GLO in carrying out response actions and other activities under OSPRA, and provisions on filing various forms and information with GLO. Subchapter B deals with oil spill prevention and preparedness regulations. It centers mainly on the OSPRA requirement that coastal facilities handling oil obtain a discharge prevention and response certificate from GLO. It also addresses the OSPRA requirements that vessels and facilities have spill response plans and proof of financial responsibility for liability from oil spills. It contains provisions setting the parameters for vessel and facility audits, drills, and inspections by GLO to determine oil spill prevention and response capability, as well as denial of entry into port for vessels violating OSPRA. Finally, Subchapter B also speaks to requirements for discharge cleanup organizations, which are those entities formed for the specific purpose of engaging in oil spill response and cleanup. Subchapter C establishes practices and reporting requirements GLO and persons responsible for coastal oil spills must follow in responding to oil spills under GLO jurisdiction. These include provisions whereby GLO will assume a proactive role in determining the adequacy and course of oil spill response and the remediation of natural resource damage. Subchapter C also outlines the respective roles of the Texas Water Commission, the Texas Railroad Commission, and GLO in coastal oil spill response. Subchapter D prescribes procedures for compensation and reimbursement to state agencies and others for costs incurred in responding to coastal oil spills and for property and other monetary damages from such spills. Tim McKinna, director, office of oil spill prevention and response, has determined that for the first five-year period the sections are in effect there will be fiscal implications for state or local government as a result of enforcing or administering this chapter. The effect on state government for the first five-year period the new chapter will be in effect will be neutral. The state's costs of implementing and enforcing this chapter are paid from the coastal protection fund established by OSPRA. OSPRA appropriated to GLO from the coastal protection fund $2.5 million for administration of the program and $4 million for response equipment. The coastal protection fund includes both application fees required under OSPRA to defer the state's administrative costs in processing facility discharge prevention and response certificates, as well as the revenues from the coastal protection fee, which is imposed on certain shipments of crude oil and is administered by the comptroller of public accounts. Revenue from the fund will offset the costs of enforcing or administering this chapter. There will be an estimated additional cost of $3,250,000 for fiscal years (fy) 1991 and 1992 and $0 for fy 1993-1995; and estimated loss or increase of $3,250,000 for fy 1991 and 1992 and $0 for fy 1993-1995. There will be fiscal implications for local governments as a result of enforcing or administering this chapter. There are no anticipated revenue impacts on local governments. Only local governments owning or operating facilities in the coastal area that handle oil will be affected by this chapter. Approximately 11 oil transfer facilities operated by local governments exist. Facilities such as these that handle oil are required to apply for discharge prevention and response certificates. An application is required. Certificates are issued for five-year terms. Assuming the local government owning or operating these facilities applies for a separate discharge prevention and response certificate for each, and that each facility is subject to the maximum application fee of $2,500, the effect on local government for the first five-year period the chapter will be in effect will be an estimated additional cost of $27,500 for fy 1991 and $0 for fy 1992-1995; and an estimated loss or increase of $0 for fy 1991-1995. There will also be fiscal implications for small businesses as a result of enforcing or administering this chapter. There are no anticipated revenue impacts on small businesses. Only small businesses owning or operating facilities in the coastal area that handle oil will be affected by this chapter. Up to 2,560 facilities that are generally considered to be small businesses may be subject to this chapter. This estimate includes mainly oil production facilities owned by independent oil producers and gasoline stations and other establishments with petroleum storage tanks. Most of these facilities do not exceed the intermediate facility category, for which the application is $1,000. The application filing requirements for intermediate facilities are minimal, so most small businesses will not expend considerable amounts to have applications prepared. The total effect on small businesses for the first five-year period the chapter will be in effect will be an estimated additional cost of $2,560,000 for fy 1991 and $0 for fy 1992-1995; estimated loss or increase of $0 for fy 1991-1995. Mr. McKinna 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 heightened spill prevention efforts and increased monitoring of the storage, transportation, or handling of oil with a resulting decrease in both the number of spills and the time elapsed before response to spills is initiated and greater oil spill response preparedness on the part of those storing, transporting, or handling oil, with a resulting decrease in the environmental and economic damage from oil spills in coastal waters. Persons who are required to comply with the subchapter as proposed will be required to pay an application fee to obtain a discharge prevention and response certificate. The proposed fee is $100 for a small facility, $1,000 for an intermediate facility, and $2,500 for a major facility. Certificates are issued for five-year terms, therefore, the fee is payable once every five-years. Comments on the proposal may be submitted to Tom Nuckols, Director, Environmental Law Section, General Land Office, 1700 North Congress Avenue, Austin, Texas 78701. Comments must be submitted within 90 days of publication of the proposed adoption of this chapter to assure consideration by the General Land Office. For further information you may contact Tom Nuckols, at (512) 463-5019. The new section are proposed under the Natural Resources Code, sec.40.007, which authorizes the land commissioner to promulgate rules necessary and convenient to the administration of OSPRA. sec.19.1. Purpose.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        This subchapter establishes interim rules under the Oil Spill Prevention and Response ACt of 1991 (OSPRA), Texas Natural Resources Code, Chapter 40, which became law March 28, 1991. OSPRA supports and complements the Oil Pollution Act of 1990 (OPA), Public Law 101-380, which became law on August 18, 1990. This subchapter is intended to establish basic rules to provide for orderly and efficient administration of OSPRA until more comprehensive rulemaking can occur in coordination with the rulemaking process by federal agencies under OPA. The General Land Office intends to amend this subchapter in anticipation of and in response to federal rulemaking, as well as when development of Texas' own oil spill prevention and response program so requires. sec.19.2. Definitions. (a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Coastal waters-All tidally influenced waters extending from the head of tide in the arms of the Gulf of Mexico seaward to the three marine league limit of Texas' jurisdiction; and non-tidally influenced waters extending from the head of tide in the arms of the Gulf of Mexico inland to the point at which navigation by regulated vessels is naturally or artificially obstructed. The term includes the entirety of the Gulf Intracoastal Waterway within Texas. (2) Coastal facility-A facility that handles oil and is located either: (A) below the high water line of any body of coastal waters or on any island surrounded by coastal waters; (B) within any marsh, wetland, intertidal flat, or other intermittently inundated area that connects directly with coastal waters; or (C) any other place where harmful quantities of oil from an unauthorized discharge, including a worst case discharge, could immediately enter coastal waters through any natural or artificial watercourse or drainage way if the discharge is not abated and the oil removed. (3) Commissioner-The commissioner of the General Land Office. (4) Discharge cleanup organization-A corporation, partnership, proprietorship, organization, or association that intends to make itself available to engage in response actions to abate, contain, or remove an unauthorized discharge or pollution or damage from an unauthorized discharge. (5) Environmentally sensitive areas-Streams and water bodies, aquifer recharge zones, springs, wetlands, agricultural areas, bird rookeries, endangered species habitat, wildlife preserves or conservation areas, parks, beaches, dunes, or any other area protected or managed for its natural resource value. (6) Facility-Any underground or above ground tank, impoundment, pipeline, structure, equipment, or device used for handling oil, including mobile or portable drilling or workover rigs, barge mounted drilling or workover rigs, and portable fueling facilities. A combination of interrelated or adjacent tanks, impoundments, pipelines, gathering lines, flow lines, separator or treatment facilities, and other structures, equipment, rolling stock, or devices under common ownership generally will be considered a single facility under OSPRA. The term includes facilities owned by units of federal, state, or local government as well as privately-owned facilities. (7) Fund-The coastal protection fund established under OSPRA. (8) Federal fund-The oil spill liability trust fund established under OPA. (9) Handle-To transfer, transport, pump, treat, process, store, dispose of, drill for, or produce. (10) Harmful quantity of oil-The presence of oil from an unauthorized discharge in a quantity sufficient either to create a visible film or sheen upon or discoloration of the surface of the water or a shoreline, tidal flat, beach, or marsh, or to cause a sludge or emulsion to be deposited beneath the surface of the water or on a shoreline, tidal flat, beach, or marsh. (11) National contingency plan-The plan prepared under the Federal Water Pollution Control Act (33 United State Code sec.1321 et seq) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 United States Code sec.9601 et seq), as revised from time to time. (12) OPA-The Oil Pollution Act of 1990, Public Law 101-380. (13) OSPRA-The Oil Spill Prevention and Response Act of 1991, Chapter 40, Natural Resources Code. (14) Owner or operator-Any person: (A) owning, operating, chartering by demise, or in possession of a vessel; (B) owning or in possession of a facility; or (C) operating a facility by lease, contract, or other form of agreement. The term does not include a person who owns only the land underlying a facility or a person who owns only a security interest in a vessel or facility if the person does not participate in the operation of the vessel or facility, does not own a controlling interest in the owner or operator of the vessel or facility, and is not controlled by or under common ownership with the owner or operator of the vessel or facility. (15) Regulated vessel-A vessel with a capacity to carry 10,000 United States gallons or more of oil as fuel or cargo. (16) Unauthorized discharge-A discharge of a harmful quantity of oil from a vessel or facility either: (A) into coastal waters; or (B) on any waters or land adjacent to coastal waters where harmful quantities of oil may immediately enter those coastal waters if the discharge is not abated and the oil removed. The term excludes discharges authorized by a government permit, seepage from the earth solely from natural causes, and unavoidable, minute discharges of oil from a properly functioning engine. (17) Underwriter-An insurer, a surety company, a guarantor, or any other person, other than an owner or operator of a vessel or facility, that undertakes to pay the liability of an owner or operator. (18) Waste-Oil or contaminated soil, debris, and other substances removed from coastal waters and adjacent waters, shorelines, estuaries, tidal flats, beaches, or marshes in response to an unauthorized discharge. (19) Worst case unauthorized discharge-The largest foreseeable unauthorized discharge under adverse weather conditions. For facilities located above the high water line of coastal waters, a worst case discharge includes those weather conditions must likely to cause oil discharged from the facility to enter coastal waters. (b) All other terms used in this chapter and defined in OSPRA have the meaning assigned to them by OSPRA. sec.19.3. Inspections and Access to Property. (a) Officers, employees, or authorized agents of the General Land Office (GLO) may enter and inspect any land, building, facility, vessel, device, equipment, or other property to respond to an unauthorized discharge, to determine compliance or noncompliance with the Oil Spill Prevention and Response Act of 1991 (OSPRA) or any rule, order, or certificate issued under OSPRA, to ascertain discharge prevention and response capability, and to assess natural resources damages. Unless conducting an unannounced audit, drill, or inspection under sec.19.18 of this title (relating to Audits, Drills, or Inspections to Determine Response Capability) or responding to an unauthorized discharge under sec.19.33 of this title (relating to Response), prior to gaining access to the property GLO will attempt to notify the owner or operator of the vessel or facility in order to make mutually agreeable arrangements for entry. The GLO's officers, employees, or agents will present credentials and explain the purpose and scope of the entry when requesting access to or inspection of property. (b) Upon explanation of the purpose and scope of entry and the presentation of credentials, the owner or operator of a vessel or facility or their employees or agents must provide GLO's officers, employees, or agents access to property commensurate with the stated purpose and scope. Access includes testing or sampling of soil and water or other substances, observing the performance of equipment, taking photographs or videotapes or making other recordings, reviewing or copying documents, and interviewing personnel. (c) The GLO's officers, employees, and agents must observe a vessel's or facility's standard safety requirements unless the requirements unreasonably hinder the performance of an audit, inspection, drill, or response action, in which case other reasonable safety requirements will be observed. sec.19.4. Waiver. (a) Upon written request, the commissioner may waive a provision of this chapter if the commissioner determines that the application of the provision would be inconsistent with the fundamental intent and purpose of the Oil Spill Prevention and Response Act of 1991. (b) Where adequate precautions are taken to avoid environmental and property damage, the commissioner may allow the discharge of limited amounts of oil into or upon coastal waters or adjacent waters, shorelines, estuaries, tidal flats, beaches, or marshes, as part of a drill, demonstration of response capability or technology, or other study or project to further discharge prevention or response capability. sec.19.5. Forms.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          The General Land Office (GLO) will promulgate forms for applications, filings, and reports required by the Oil Spill Prevention and Response Act of 1991 or this chapter. Where this chapter specifies that a particular form is available from GLO, the applicant, claimant, or person filing information with GLO must use the GLO form. The applicant, claimant, or person filing may supplement the GLO form with separate documentation where not inconsistent with this chapter. sec.19.6. Confidentiality.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            An applicant, claimant, or person filing information with the General Land Office (GLO) must make any claim of confidentiality of documentation, records, or information when it is filed with GLO or the claim of confidentiality is waived. 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 31, 1991. TRD-9109145 Garry Mauro Commissioner General Land Office Earliest possible date of adoption: September 9, 1991 For further information, please call: (512) 463-5009 Subchapter B. Spill Prevention and Preparedness 31 TAC sec.sec.19.11-19.20 The new sections are proposed under the Natural Resources Code, Chapter 40, which authorizes the commissioner to promulgate rules necessary and convenient to the administration of the Oil Spill Prevention and Response Act of 1991. sec.19.11. Categories of Coastal Facilities. (a) There are four types of coastal facilities: exempt, small, intermediate, and major. Coastal facilities are classified according to oil storage or transfer capacity. Small, intermediate, and major facilities are regulated under this subchapter. (b) Exempt facilities are farm or residential tanks with a capacity of 1,100 United States (U.S.) gallons or less that are used for storing oil for farm or residential purposes only. An owner or operator of an exempt facility is not required to obtain a discharge prevention and response certificate or have a discharge prevention and response plan or proof of financial responsibility. (c) Small facilities are facilities, other than exempt facilities, that have a storage or daily transfer capacity not exceeding 10,000 U.S. gallons of oil. (d) Intermediate facilities are facilities that have a storage or daily transfer capacity exceeding 10,000 U.S. gallons but not exceeding 250,000 U.S. gallons of oil. (e) Major facilities are facilities that have a storage or daily transfer capacity exceeding 250,000 U.S. gallons of oil. sec.19.12. Facility Certification. (a) The owner of a regulated coastal facility must apply to the General Land Office (GLO) for a discharge prevention and response certificate before January 1, 1992. For regulated coastal facilities not in operation before January 1, 1992, certifications must be obtained from GLO prior to commencement of operations. Application forms are available from GLO. (b) If a facility is owned by one person and operated by another person, the commissioner may either require both the owner and operator to file the application or may require the operator to file the application in lieu of the owner. (c) For corporate applicants, the application must be signed by an officer of at least the rank of vice-president. For partnerships, the application must be signed by a partner. All applications must also be signed by the person responsible for operation of the facility; this includes, for example, the facility manager, or an area manager if the facility does not have management on site. (d) An applicant for a discharge prevention and response certificate must pay an application fee when the application is filed. The amount of the fee is determined by the type of regulated facility, as follows: (1) $100 for small facilities; (2) $1,000 for intermediate facilities; and (3) $2,500 for major facilities. (e) A regulated coastal facility may not handle oil after April 1, 1992, unless GLO has issued a certificate for the facility. sec.19.13. Applications for Small and Intermediate Facilities.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              All small and intermediate facility applications must contain the following information: (1) the names and addresses of the facility, the owner of the facility, the operator of the facility, the person or persons in charge required by sec.19.16 of this title (relating to Person in Charge), and the registered agent for service as required by the Oil Spill Prevention and Response Act of 1991; (2) a description of the facility, including: (A) the date it began operation, the types of oil handled and its components, its oil storage and transfer capacity and average daily throughput; and (B) the location of the facility and any environmentally sensitive areas in the vicinity of the facility; (3) proof of financial responsibility as required by regulations either adopted or continued in effect under the Oil Pollution Act of 1990, Public Law 101-380, sec.1016 (33 United States Code, sec.2716), if applicable to the facility; (4) a copy of the applicant's current discharge prevention and response plan required by the Federal Water Pollution Control Act, sec.311(j) (33 United States Code, sec.1321), including the spill prevention containment and countermeasure plan required by 40 Code of Federal Regulation 112.3, if applicable to the facility; (5) either a discharge response contract or a basic ordering agreement with a discharge cleanup organization or other person, or proof that the applicant has the independent capability to respond to a worst case discharge at the facility; (6) an estimate of a worst ease discharge for the facility, including the rationale used to establish the estimate; (7) a list of both oil and hazardous substance discharges at the facility within the previous year; and (8) a list of environmental permits and registration or identification numbers that have been applied for or obtained for the facility, including those for wastewater discharges, air emissions, handling of solid or hazardous waste, injection wells, and underground or aboveground storage tanks. sec.19.14. Applications for Major Facilities.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                All major facility applications must contain the following information: (1) the names and addresses of the facility, the owner of the facility, the operator of the facility, the person or persons in charge required by sec.19.16 of this chapter (relating to Person in Charge), and the registered agent for service as required by the Oil Spill Prevention and Response Act of 1991; (2) a description of the facility, including: (A) its location, the date it began operation, the types of oil handled and its components, its oil storage and transfer capacity and average daily throughput; (B) the dimensions and oil capacity of the largest vessel docking or providing service at the facility and a description of the vessels under the operational control of the facility; (C) a site plan of the facility certified by a registered professional engineer or registered public surveyor showing: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  the location of all structures in which oil is handled and vessel and tank car or truck transfer areas; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    vicinity maps showing vehicular access to the facility, pipelines to and from the facility, nearby environmentally sensitive areas, and nearby residential or other populous areas; and (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      drainage and diversion plans of the facility, such as sewers, catchment or containment systems or basins, diversion systems, and all watercourses into which surface runoff from the facility drains (all of which may be shown on the site plan or maps); and (D) available aerial photographs of recent date; (3) proof of financial responsibility as required by regulations either adopted or continued in effect under the Oil Pollution Act of 1990, Public Law 101-380, sec.1016 (33 United State Code, sec.2716), if applicable to the facility; (4) the number and qualifications of personnel employed at the facility with discharge prevention and response duties; (5) current discharge prevention or response training programs and requirements for the facility's personnel and for outside contractors working at the facility; (6) a statement of the applicant's discharge prevention and response capability, including: (A) a statement of whether the applicant's response capability will primarily be based on contracts or agreements with third parties or on the applicant's own personnel and equipment; (B) a copy of the applicant's current discharge prevention and response plan required by the Federal Water Pollution Control Act, sec.311(j) (33 United States Code, sec.1321), including the spill prevention containment and countermeasure plan required by 40 Code of Federal Regulations 112.3, if applicable to the facility; (C) a description of the facility's preventive measures, including: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        leak detection and discharge prevention safety systems, devices, equipment, or procedures; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          schedules, methods, and procedures for testing, maintaining, and inspecting storage tanks, pipelines, and other structures within or appurtenant to the facility that contain or handle oil; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            schedules, methods, and procedures for conducting discharge response drills; (D) a description of the facility's response plan, including: (i)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              planned response actions, the chain of command, lines of communication, and procedure for notifying the General Land Office in the event of an unauthorized discharge; (ii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                response equipment and supplies available to respond to an unauthorized discharge at the facility, its location, and the time required to deploy it at the facility; (iii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  plans for sampling, testing, and measuring the volume of substances discharged; (iv)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    plans for the recovery, storage, separation, transportation, and disposal of waste from an unauthorized discharge; (v)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      the probable direction and rate of flow for unauthorized discharges at the facility; (vi)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        plans for protection of environmentally sensitive areas in the event of an unauthorized discharge; and (vii)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          plans for providing emergency medical treatment, site safety and security, and fire prevention in the event of an unauthorized discharge; (7) any discharge response or cleanup contracts or basic ordering agreements the applicant has with a discharge cleanup organization or other person; (8) an estimate of a worst case discharge for the facility, including the rationale used to establish the estimate; (9) a list of both oil and hazardous substance discharges at the facility within the previous year; (10) a list of environmental permits and registration or identification numbers that have been applied for or obtained for the facility, including those for wastewater discharge, air emissions, handling of solid or hazardous waste, injection wells, and underground or aboveground storage tanks; and (11) any other documentation the applicant believes is responsive to a request for information in the application. sec.19.15. Issuance; Modification and suspension. (a) Prior to issuance or denial of a certificate, the General Land Office (GLO) may require an applicant to submit additional information to resolve any substantial questions concerning the applicant's discharge prevention and response capability. The GLO may also require an applicant to develop and implement additional discharge prevention and response measures to achieve adequate discharge prevention and response capability. (b) The GLO will issue certificates to those facilities that submit completed applications unless the preponderance of all evidence demonstrates the applicant lacks the capability to respond adequately to a worst case unauthorized discharge at the particular facility. (c) If GLO refuses to issue a certificate to an applicant, the applicant may request and is entitled to a hearing on the denial in the same manner provided for certificate suspensions under Chapter 21 of this title (relating to Oil Spill Prevention and Response Hearings Procedures). (d) At least 30 days prior to issuance of a certificate for an oil or gas pipeline or a facility used in the exploration, development, or production of oil or gas, GLO will send the Railroad Commission a copy of the application for review and comment. (e) The certificate will be issued for a term of five years. The GLO may issue certificates on terms and conditions appropriate to the facility or type of facility. All certificates are subject to review and modification by GLO in the event of a material change in spill response capability. All certificates are subject to suspension in the event the registrant violates the Oil Spill Prevention and Response Act of 1991 (OSPRA), rules, or orders adopted or issued thereunder, or any requirement of the facility's certificate. A certificate is voidable if the registrant knowingly submitted false information in the application for the certificate or in support of the application. (f) Material changes in discharge prevention and response capability include, among other things: (1) changes in the facility's oil storage or handling capacity, discharge response equipment, or its construction, operation, or maintenance that materially affect discharge prevention and response capability or the risk of an unauthorized discharge; (2) closure of the facility or a change of the facility's person in charge, management, ownership, or key response personnel; (3) a material change in the discharge cleanup organization listed as the primary basis of a facility's discharge response capability (see sec.19.20(h) of this title (relating to Certification of Discharge Cleanup Organizations)); (4) a determination by GLO that the owner or operator responded inadequately to an unauthorized discharge at the facility; or (5) promulgation of federal rules under the Oil Pollution Act of 1990, Public Law 101-380, substantial amendments to this chapter, or other changes in applicable law. (g) Registrants must report changes in discharge prevention response capability. (1) Except for subsection (f)(4) and (5) of this section, a registrant must inform GLO in writing of a material change in response capability within 10 days of the change. (2) Each registrant must report annually any changes in the information in its application for a certificate. The report must be in writing and must be filed on the anniversary of the date the certificate was issued. (h) Issuance of a certificate does not estop the state in an action brought under OSPRA or any other law from alleging a violation of any such law, other than failure to have a certificate. sec.19.16. Person in Charge. (a) Upon applying for a certificate, the applicant must designate a person or persons in charge of the facility for purposes of ensuring that the General Land Office is notified of unauthorized discharges at the facility and that the facility meets all other requirements of the Oil Spill Prevention and Response Act of 1991 (OSPRA). The designation must be by name and by job title. (b) A facility must have a person in charge at the facility at all times the facility is normally attended by personnel. For those facilities or at those times at which personnel are not normally present, the facility must at all times have a person in charge on call and capable of travelling to the facility to respond to an actual or threatened unauthorized discharge. The person in charge must have the independent authority to deploy response equipment and personnel and to expend funds for response actions. (c) It is the duty of the owner and the operator of the facility to inform the person in charge of the duties established under OSPRA and this chapter for persons in charge with respect to unauthorized discharge prevention and response. (d) A facility's owner, operator, and person in charge are each jointly and separately liable for administrative, civil, and criminal penalties violations of OSPRA of this chapter. sec.19.17. Vessel Response Plans and Proof of Financial Responsibility.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Regulated vessels operating in coastal waters must have response plans as required by the Federal Water Pollution Control Act, sec.311 (33 United States Code, sec.1321) and proof of financial responsibility as required by the Oil Pollution Act of 1990, Public Law 101-380, sec.1016 (33 United States Code, sec.2716). sec.19.18. Audits, Drills, and Inspections to Determine Prevention and Response Capability. (a) Audits involve full inspection and review of a facility or vessel and all its equipment, personnel, and documentation related to discharge prevention and response that are subject to review under the Oil Spill Prevention and Response Act of 1991 (OSPRA). Inspections are limited to specifically identified areas of a facility or vessel and equipment and personnel on site at the facility or on board the vessel; they may include brief inspection of on site or on board documentation directly related to discharge prevention and response. Drills are tests of equipment and personnel in operation in response to a mock discharge, the nature of which is set out by the General Land Office (GLO). (b) Audits, drills, or inspections may be announced or unannounced. The GLO may conduct an audit only during normal business hours. The GLO may conduct a drill or inspection at any time. The GLO will conduct vessel drills in cooperation with the United States Coast Guard. (c) Unless a vessel or facility has violated OSPRA, a rule or order adopted or issued under OSPRA, or a requirement of a facility discharge prevention and response certificate, the GLO will not subject a vessel or facility to more than two audits or drills, or any combination of the two, within one year. (d) The owner or operator of the vessel or facility must bear its own costs of the audit, drill, or inspection and may not be reimbursed its costs from the fund. (e) Performance of an audit, drill, or inspection does not estop the state in an action brought under OSPRA or any other law from alleging a violation of OSPRA or any such law. sec.19.19. Denial of Entry Into Port.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Denial of entry into port of any vessel without evidence of financial responsibility or without a discharge prevention and response plan in violation of sec.19.17 of this title (relating to Vessel Response Plans and Proof of Financial Responsibility) will be done in cooperation with the United States Coast Guard. sec.19.20. Certification of Discharge Cleanup Organizations. (a) Persons or organizations desiring certification as discharge cleanup organizations must apply to the General Land Office (GLO) before January 1, 1992. Application forms are available from GLO. (b) After April 1, 1992, a discharge cleanup organization must be certified by GLO to be listed by an owner or operator as a source of adequate response equipment and/or personnel in a facility or vessel discharge prevention and response plan. (c) An owner or operator and the owner or operator's personnel are not considered a discharge cleanup organization for purposes of the discharge prevention response requirements or activities of the owner's or operator's own facility or vessel. If the owner or operator intends to respond regularly to unauthorized discharges at other facilities or from other vessels, the owner or operator must be certified as a discharge cleanup organization. (d) There are two types of discharge cleanup organizations: industry and volunteer. Discharge cleanup organizations are classified by purpose and function. Industry organizations are those capable of containing, removing, and disposing of oil and waste from an unauthorized discharge. Volunteer organizations are those that may assist in any aspect of discharge response, but whose primary purpose is protecting, rescuing, or rehabilitating wildlife and natural resources injured or damaged by an unauthorized discharge. (e) Certificates for industry organizations will be issued for a term of one year. The GLO may suspend a certificate if the organization fails to maintain adequate response capability. The GLO will hold a hearing on suspension of the certificate if the organization requests one in writing. (f) Applicants for certification as an industry organization must submit the following information: (1) the applicant's name and address, its legal form or status, the names and addresses of the persons owning or operating the organization, and its membership if applicable; (2) the geographic area the applicant will serve; (3) the applicant's equipment and supply inventory, including the name of the owner of the equipment and supplies and their location; (4) the number, experience, and other qualifications of the applicant's personnel; and (5) the applicant's standard operating plan for containment, recovery, storage, separation, transportation, and disposal or recycling of oil or waste from an unauthorized discharge. (g) In certifying industry organizations, GLO will consider factors including: (1) the applicant's size, membership, and quality of response capability (which includes among other things the experience of the applicant's owners, operators, and personnel, the applicant's ability to properly dispose of waste from discharges, the quantity and quality of equipment or supplies owned or available to the applicant, and the proximity of such equipment and supplies to the area the applicant intends to serve); and (2) the number, membership, size, and quality of discharge cleanup organizations that have applied to be or that are already certified for the area in which the applicant will operate, and the need for an additional discharge cleanup organization in the area. (h) Industry organizations must report material changes in response capability to GLO within 10 days of the change. Material changes in response capability include among other things: (1) a change in the location or a significant change in the quantity of the organization's response equipment or supplies; or (2) a change in the organization's ownership or full-time personnel. (i) Volunteer organizations who register with GLO are considered certified. Registration forms are available from GLO. The registration must include the organization's size, experience in discharge response, ability to properly dispose of waste from discharges, the qualifications of persons who will lead or coordinate response activities for the organization, and the quantity and quality of equipment and supplies owned or available to the organization. The GLO may suspend a certificate if the organization's response activities are inconsistent with state or federal requirements. (j) To receive and maintain certification, a discharge cleanup organization, other than the Marine Spill Response Corporation or one operated for profit, must appoint a minimum of two representatives of local governments from the area served by the organization to advise its governing body on discharge response matters. When registering or applying for certification, industry and volunteer organizations must verify whether they are in compliance with or exempt from this requirement. 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 31, 1991. TRD-9109146 Garry Mauro Commissioner General Land Office Earliest possible date of adoption: September 9, 1991 For further information, please call: (512) 463-5009 Subchapter C. Spill Response 31 TAC sec.sec.19.31-19.39 The new sections are proposed under the Natural Resources Code, Chapter 40, which authorizes the commissioner to promulgate rules necessary and convenient to the administration of the Oil Spill Prevention and Response Act of 1991. sec.91.31. Jurisdiction.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                The General Land Office (GLO) has jurisdiction over and will respond to any actual or threatened unauthorized discharge into or directly threatening to enter coastal waters. sec.19.32. Reporting an Unauthorized Discharge. (a) To report an actual or threatened unauthorized discharge, phone the General Land Office (GLO) at 1-800-832-8224. This line will be staffed at all times. (b) Upon having any knowledge of an actual or threatened unauthorized discharge it is immediately the duty of both the person in charge for the facility or vessel from which the discharge emanates and the person responsible for the discharge to report the discharge or to cause a report of the discharge to be given to GLO. If an employee or agent of the responsible person or the person in charge has knowledge giving rise to a duty to report, that knowledge will be imputed to the responsible person and person in charge. (c) A report of an unauthorized discharge must be made as soon as possible, taking into account the need to initiate response actions. The report must contain as much of the information listed in subsection (d) of this section as can be readily ascertained without delaying response actions. (d) Notice shall conclusively be deemed given if immediately after the reportable incident is discovered GLO receives notice attributable to the person in charge or the person responsible, at the telephone number set out in subsection (a) of this section, accurately describing the following: (1) the substance and quantity believed to have been discharged and the rate of the discharge (or in the event of a threatened discharge, the substance and quantity that may be discharged); (2) the time, precise location, and apparent cause of the actual or threatened discharge; (3) the size and nature of the area that has been or will be affected by the discharge, including any environmentally sensitive areas; (4) the response actions already taken and the identity of discharge cleanup organizations or other persons taking response actions; (5) the names and titles of the person in charge, the responsible person, and the person reporting the discharge; and (6) the manner in which the responsible person and the facility or vessel involved in the actual or threatened discharge may be contacted. (e) If any reported information materially changes after it is reported to GLO, it is the duty of the person in charge and the responsible person to report the change to GLO. (f) If an unauthorized discharge threatens to damage or pollute property other than that of the owner or operator or responsible person, the person in charge and the responsible person must immediately notify the owner of the property threatened. If the discharge immediately threatens public health or welfare, the person in charge and the responsible must notify local health, fire, and law enforcement authorities. sec.19.33. Response. (a) Upon receiving notice of an actual or threatened unauthorized discharge, the General Land Office (GLO) will determine whether state response action is required. If state response action is required, GLO will assess the discharge and determine whether further response actions should be initiated or required. If assessments of the discharge indicate it involves predominantly a hazardous substance, GLO shall coordinate all response actions until the Texas Water Commission can assume responsibility over hazardous substance discharge response operations. (b) In response to any actual or threatened unauthorized discharge, the commissioner may designate a state on-scene coordinator to act on the commissioner's behalf at the site of the actual or threatened discharge. (1) It is the duty of the state on-scene coordinator to assess in detail all aspects of the actual or threatened unauthorized discharge, evaluate and direct the responsible person's response activities, initiate and direct other response activities, carry out orders of the commissioner, and report at regular intervals to the commissioner. (2) In the event a discharge appears to be from a facility for the exploration, development, or production of oil or gas or from an oil or gas pipeline, it is the duty of the Railroad Commission to supply an officer or employee to serve as state on-scene coordinator until such time it reasonably appears the discharge will exceed 240 barrels or the commissioner designates an on-scene coordinator. (c) The GLO will contact other agencies in the event their assistance or advice with response actions is required or if the discharge affects a matter within the agency's jurisdiction. The GLO is responsible for coordinating all response actions under its jurisdiction with authorized federal agencies and ensuring that, where required, state response actions are consistent with the national contingency plan and federal response actions. (d) Based on the assessment of the state on-scene coordinator, GLO will determine whether and where to establish a state response operations center. The response operations center will serve as the single point of communication and coordination for state oversight and coordination of response actions. The center will be staffed at all times until response operations are declared complete. sec.19.34. Duties of Responsible Person. (a) In the event of an actual or threatened unauthorized discharge, it is immediately the duty of the responsible person to initiate response action, or to ensure that the person in charge will initiate response action. The responsible person or the person in charge must inform the General Land Office (GLO) of the person's strategy for responding to the unauthorized discharge, including whether the facility's or vessel's discharge prevention and response plan will be adequate for abating, containing, and removing pollution or whether adequate response to the discharge will require deviation from the plan. (b) The commissioner may determine that the responsible person is unknown or appears unwilling or unable to respond adequately to the discharge, including reasonably foreseeable worst case scenarios of the discharge. The commissioner may delegate this determination to the state on-scene coordinator. In the event of such a determination, the state on-scene coordinator may order the responsible person to take certain response actions. The state on-scene coordinator may also initiate response action by the state, either in addition to or in lieu of further response actions by the responsible person. As soon as possible after a determination of inadequate response, the state on-scene coordinator will notify the responsible person or the person acting for the responsible person of the inadequacy of response and inform the person of the intended corrective action. (c) The responsible person or anyone acting on behalf of the responsible person must notify the state on-scene coordinator if the person intends not to comply with, or has not complied with, state response orders or actions. The GLO may determine the person has unreasonably failed to comply with state response actions if noncompliance is for any reason other than an objective and reasonable belief that compliance unavoidably conflicts with federal requirements or poses an unjustifiable risk to public safety or natural resources. Any failure to comply may be grounds for a determination of inadequate response under subsection (b) of this section. sec.19.35. Assistance. (a) Persons employed by or certified discharge cleanup organizations under contract with a responsible person may conduct response operations on behalf of the responsible person. All others must receive authorization from the General Land Office or the state on-scene coordinator to assist in response operations. Authorization may be given individually or may take the form of an order generally authorizing any person or certified discharge cleanup organization to assist. In authorizing assistance to be rendered, GLO will give preference to certified discharge organizations and qualified personnel. (b) A person or discharge cleanup organization may not participate in response actions, may not receive compensation from the fund, and is not immune from damages resulting from response actions unless the person or organization is authorized to assist as provided in subsection (a) of this section. (c) The GLO may waive the prior authorization requirement for compensation from the fund upon receipt of a written petition, filed with a claim for response costs under sec.19.53 of this title (relating to Claims Procedures), from the participant showing good cause for prior authorization not being obtained. The GLO will waive the prior authorization requirement only if the assistance rendered was consistent with state and federal response actions, effective, cost-efficient, and did not endanger life, property, or natural resources. sec.19.36. Disposal.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Waste from unauthorized discharges must be disposed of only at sites that have all necessary permits to accept the type of waste discharged. Each responsible person or discharge cleanup organization removing waste shall inform the on-scene coordinator of the name and location of the site at which the waste will be disposed of. sec.19.37. Completion of Response. (a) The General Land Office (GLO) will declare the date or time at which response actions are completed. (b) In addition to reporting an unauthorized discharge at the time it occurs, the responsible person must file a written report of any such discharge with GLO within 10 days of the response actions being declared complete. The report must contain the information listed in sec.19.32(c)(2) of this title (relating to Reporting an Unauthorized Discharge) and must state whether and to what extent property or natural resources were damaged or lost as a result of the discharge. Reporting forms are available from GLO. sec.19.38. Remediation. (a) If the General Land Office (GLO) determines the unauthorized discharge damaged natural resources, GLO may require the responsible person to remediate the damage. If GLO requires remediation, GLO will notify the responsible person in writing that the responsible person must prepare a remediation plan. Within a reasonable time determined by the GLO, the responsible person must submit a remediation plan to GLO for review and approval. (b) The remediation plan must include the following: (1) a map showing the area affected by the unauthorized discharge and a survey of the natural resources damaged by the discharge; (2) a plan showing locations, times, and methods for sampling, testing, and monitoring to determine contamination and natural resources injury and loss; (3) a schedule of remediation activities and increments of time within which remediation goals are to be achieved; (4) a description of performance measures to evaluate the effectiveness of remediation; and (5) any other matter reasonably required by GLO. (c) The responsible person must carry out remediation of natural resource damage pursuant to the remediation plan approved by GLO. sec.19.39. Waiver.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    If the commissioner determines that the application of any provision of this subchapter would impair the effective and expeditious abatement, containment, removal, cleanup, or remediation of an unauthorized discharge or pollution or damage from an unauthorized discharge, or unreasonably endanger public health, safety, or welfare, public or private property, or natural resources, the commissioner may waive that provision. 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 31, 1991. TRD-9109147 Garry Mauro Commissioner General Land Office Earliest possible date of adoption: September 9, 1991 For further information, please call: (512) 463-5009 Subchapter D. Compensation and Liability 31 TAC sec.sec.19.51-19.54 The new sections are proposed under the Natural Resources Code, Chapter 40, which authorizes the commissioner to promulgate rules necessary and convenient to the administration of the Oil Spill Prevention and Response Act of 1991. sec.19.51. State Agency Reporting and Reimbursement Procedures.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      To receive reimbursement from the fund for costs incurred in responding to an unauthorized discharge, a state agency must, within 90 days of the General Land Office's (GLO) declaration of the completion of response actions, submit to GLO a report of its response activities and an itemization of the response costs it incurred. The GLO will approve reimbursement from the fund for costs of response actions it authorized or for any other reasonable and necessary response costs consistent with state response actions. The GLO may require additional information to support a response costs reimbursement claim under this section. sec.19.52. Designation of Responsible Person; Advertising Claims. (a) As soon as practical after an unauthorized discharge, the General Land Office (GLO) will conduct a preliminary investigation of the discharge. If GLO determines that the unauthorized discharge has caused any economic loss compensable under the Oil Spill Prevention and Response Act of 1991 (OSPRA), the GLO will identify the person or persons who appear responsible for the discharge. The GLO will give written notice of the proposed designation to the person or persons identified, if possible, or give notice by other means adequate to inform the designees of the designation, including notice to the person's agent designated for service as required by OSPRA. The GLO must state in the notice the date by which any challenge to the proposed designation must be filed with GLO. (b) Failure to challenge a proposed designation is not an admission of liability for the unauthorized discharge. (c) A challenge to the proposed designation must be in writing, fully state the grounds for the challenge, and be filed with GLO. If the proposed designation is challenged or GLO is unable to make a designation for any other reason, GLO shall advertise the manner in which claims for response costs and damages must be filed. (d) If the proposed designation is not challenged, the designated responsible person must inform GLO of its intended advertising, claims, and payment procedures, including the name of any agent handling claims on the responsible person's behalf and the name of any underwriter for liability from the discharge. As a part of all claims procedures, the designated responsible person must inform all claimants of the availability of the state fund and the federal fund to pay claims. (e) Claims advertisements by GLO or designated responsible persons must be printed each day for one week, beginning no later than 14 days after completion of the designation process, in the newspaper of largest general circulation in the locality in which the unauthorized discharge occurred. Claims advertisements must also include radio and television announcements. sec.19.53. Claims Procedures. (a) The Oil Spill Prevention and Response Act of 1991 established the fund to provide immediately available compensation for response costs incurred and damages suffered as a result of an unauthorized discharge. The intent of this section is to avoid economic displacement and to simplify resolution of liability issues by creating procedures conducive to settlement and adjustment of claims in as orderly, efficient, and timely a manner as possible. (b) If there is a designated responsible person, all claims must be presented to the designated responsible person first. (1) If the claim is for $50,000 or less and is not settled within 30 days of presentation to the designated responsible person, the claimant may present the claim to the General Land Office (GLO). (2) If the claim is for over $50,000 and is not settled within 90 days of presentation to the designated responsible person, the claimant must present the claim to the federal fund prior to the presentation to GLO. If a claim presented to the federal fund is not settled within 60 days of presentation, the claimant may then present it to GLO. (c) If there is no designated responsible person, either because the identity of the person responsible for the unauthorized discharge is unknown or a proposed designation is challenged, claims of $50,000 or less may be presented to GLO first. Claims over $50,000 must be presented to the federal fund first. Any such claim not settled within 60 days may then be presented to GLO. (d) A claim is presented when GLO actually receives it. Claimants must present claims to GLO within 180 days from the date the claim is first eligible to be filed with GLO. When necessary to meet this deadline, the claimant may present the claim even though it is under consideration by the responsible person or the federal fund. The GLO may toll the 180-day period if the claimant cannot present it within that time for reasons beyond the claimant's control. (e) Claims must be in writing, must be signed and verified by the claimant or the claimant's agent or legal representative, and must include the following information: (1) whether it is for damages or response costs or both; (2) the cause, nature, and dollar amount of the claim; (3) whether the claim is covered by insurance or other benefits for which the claimant is eligible; and (4) the amount and nature of any compensation or earnings the claimant received as a consequence of the unauthorized discharge. (f) The GLO may prescribe appropriate claim forms. Claimants must present claims to GLO accompanied by evidence supporting the claim and proof that all prerequisites to filing a claim with GLO have been satisfied, including a copy or summary of any offer of settlement or payment by the responsible person or the federal fund. The GLO may require additional information or evidence to support a claim. (g) The GLO shall review the evidence and any settlement offer and may require or consider additional evidence or proof from the claimant or from the designated responsible person. (h) The GLO may, in its discretion, treat separately each separate class of damages or costs set out in a claim. The GLO may make partial awards of damages or costs set out in the claim based on separate classes of damages or costs or for other good cause. (i) If GLO determines the settlement offer was reasonable, that the claimant did not make reasonable efforts to settle, or the evidence submitted is insufficient to support the claim, GLO will deny the claim. The GLO will inform the claimant and the designated responsible person of denial in writing. After denial, if a claimant attempts reasonable efforts to settle and the person responsible or the federal fund does not tender a reasonable settlement offer, GLO may allow the claim to be reinstated. (j) If GLO determines a settlement offer is not reasonable, or if a settlement offer is not a prerequisite to the claim, GLO will propose an award amount. The GLO will notify the claimant and the responsible person of the proposal in writing. (k) The GLO will hold a hearing on the proposed award if either the claimant or the designated responsible person files a written request for a hearing within 10 days of issuance of the proposal. (l) If no hearing is requested within 10 days, or after the hearing if one is requested, GLO will either notify the claimant and the designated responsible person of denial or tender the award to the claimant and notify the designated responsible person of the award amount. The claimant may reject the tender by returning it to GLO within 10 days of receipt. (m) Acceptance of an award is final settlement as to the claimant and constitutes a full release as to the claimant. If the tender is refused or not accepted within 10 days, the claimant is ineligible for compensation from the fund for the claim. (n) Compensation may be claimed and awarded for costs necessarily incurred for claims preparation and presentation. (o) The GLO will not consider any claim filed by a claimant who is pursuing substantially the same claim through litigation. sec.19.54. Natural Resource Damages.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        To determine natural resource damages for purposes of an action under the Oil Spill Prevention and Response Act of 1991, the General Land Office (GLO) may use the natural resource damages assessment methods adopted by the United States Department of Interior under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 United States Code sec.1321 et seq), or by the United States Department of Commerce under the Oil Pollution Act of 1990, Public Law 101-380. The GLO may also use the guidelines on fish and wildlife values established by the Parks and Wildlife Department for civil liability for violations of the Parks and Wildlife Code. These guidelines are found at 31 TAC sec.sec.69.23-69.27. 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 31, 1991. TRD-9109148 Garry Mauro Commissioner General Land Office Earliest possible date of adoption: September 9, 1991 For further information, please call: (512) 463-5009 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 2. Medically Needy Program Program Requirements 40 TAC sec.sec.2.1008, 2.1010, 2.1012, 2.1016 The Texas Department of Human Services (DHS) proposes amendments to sec.sec.2. 1008, 2.1010, 2.1012, and 2.1016 concerning the length of the potential eligibility period for Medically Needy program applicants who must meet a spend down amount. DHS is proposing the amendments as a result of a clarification from the United States Department of Health and Human Services. The new policy changes the period of potential eligibility period from six months to one month when applicants must meet spend down to become eligible for Medicaid. The new policy also changes the budgeting procedure in sec.2.1010 for lump sum payments received by Medically Needy Program clients. Section 2.1010 also is revised to delete the reference to prospective budgeting, which is no longer an Aid to Families with Dependent Children (AFDC) Program requirement. Burton F. Raiford, interim commissioner, has determined that for the first five-year period the proposed amendments will be in effect there will be fiscal implications as a result of enforcing or administering the amendments. The effect on state government for the first five-year period the amendments will be in effect is an estimated additional cost of $40,822 for fiscal year 1992: $50, 827 for fiscal year 1993: $57,130 for fiscal year 1994: $62,906 for fiscal year 1995: and $69,691 for fiscal year 1996. There will be no fiscal implications for local government as a result of enforcing or administering the amendments. Mr. Raiford also has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amendments will be that more needy individuals will qualify for Medicaid assistance. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section. Questions about the content of the proposal may be directed to Rita King at (512) 450-3776 in DHS's Client Self-support Services. Comments on the proposal may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-198, 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 provides the department with the authority to administer public and medical assistance programs. sec.2.1008. Definitions.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Budget group-Members of a household whose needs, income, resources, and medical expenses are considered in determining eligibility for the Medically Needy Program
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              (MNP). The group includes members who are eligible for MNP and members who are not eligible for MNP. Month of potential eligibility-A month in which an applicant must meet spend down before he becomes eligible for Medicaid.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                [Budget period -The actual or potential eligibility period assigned to an MNP case. It is a six-month period beginning with the month of application unless the applicant is a pregnant woman. For pregnant women, the budget period begins the month pregnancy is verified and ends the month after the month pregnancy is anticipated to terminate.] sec.2.1010. Determining Income Eligibility.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Income eligibility is determined using the Aid to Families with Dependent Children
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    (AFDC) eligibility requirements outlined in the AFDC rules with the following exceptions: (1) the types of countable and exempt income are the same as those outlined in the AFDC rules except AFDC payments are countable income for the Medically Needy program
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      (MNP); (2)-(4) (No change.) [(5) prospective budgeting is used to determine initial and ongoing eligibility.] (5)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        [(6)] lump sum payments that meet the AFDC definition of unearned income are counted as income in the first month that the change can be effective
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          [budgeted to determine additional monthly income during the budget period]. (6)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            [(7)] [during the budget period,] applicants who have net income in excess of the MNP needs allowance may deplete their excess income with incurred medical bills according to the requirement stipulated in 42 Code of Federal Regulations sec.435.831(c)(1). The only medical expenses that may not be counted toward the spend down amount are those already paid before the month in which an applicant is potentially eligible. (A) -(B) (No change.) (7)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              [(8)] the needs of the unborn child are included when determining eligibility for pregnant women. sec.2.1012. Medicaid Eligibility. (a) (No change.) (b) Medically Needy Program
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                (MNP) applicants must meet the requirement stipulated in the Aid to Families with Dependent Children
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  (AFDC) rules for three months prior coverage. (c) (No change.) (d) Regular Medicaid eligibility for applicants with a spend down amount (except pregnant women) begins the first day during the month of potential eligibility
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    [budget period] that the applicant meets this amount. (e) (No change.) [(f) Medicaid eligibility ends the last day of the budget period unless the client reapplies for assistance.] (f)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      [(g)] Medicaid eligibility for pregnant women ends the second month following the month pregnancy terminates. (g)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        [(h)] MNP clients are not eligible for four months post Medicaid coverage. sec.2.1016. Client Reporting Requirements. (a)-(b) (No change.) (c) DHS processes changes to determine if the client's eligibility for the Medically Needy Program [MNP] is affected. The Texas Department of Human Services
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          [DHS] notifies the client if he is no longer eligible [, his spend down amount has increased, or his spend down amount has decreased]. 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 August 2, 1991. TRD-9109240 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 Subchapter I. Income 40 TAC sec.3.902 The Texas Department of Human Services (DHS) proposes an amendment to sec.3. 902 concerning types of income that are excluded in the Aid to Families with Dependent Children (AFDC) and Medical programs. DHS is proposing the amendment as a result of an interpretation from the United States Department of Health and Human Services. The new policy requires that government housing assistance payments be excluded as income in determining eligibility for AFDC and Medicaid households. Burton F. Raiford, interim commissioner, has determined that for the first five-year period the proposed amendment will be in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the amendment. Mr. Raiford also has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be that DHS will be in compliance with federal policy concerning types of income excluded in the AFDC and Medical programs. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed amendment. Questions about the content of the proposal may be directed to Rita King at (512) 450-4148 in DHS's Client Self-support Services Division. Comments on the proposal may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-197, 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 amendment is proposed under the Human Resources Code, Title 2, Chapters 31 and 32, which provides the department with the authority to administer public and medical assistance programs. sec.3.902. Types. (a) (No change.) (b) Aid to families with dependent children. Exclusions from income for AFDC are (1)-(17) (No change.) (18) government housing assistance. DHS exempts government rent or housing subsidies as stipulated in 45 Code of Federal Regulations s233.20(a)(3) (xii). (c)-(d) (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 August 1, 1991. TRD-9109191 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 7. BANKING AND SECURITIES Part VII. State Securities Board Chapter 109. Transactions Exempt from Registration 7 TAC sec.109.5 The State Securities Board has withdrawn from consideration for permanent adoption a proposed new sec.109.5 which appeared in the February 5, 1991, issue of the Texas Register (16 TexReg 629). The effective date of this withdrawal is August 2, 1991. Issued in Austin, Texas, on August 2, 1991. TRD-9109268 Denise Voigt Crawford General Counsel State Securities Board Effective date: August 2, 1991 For further information, please call: (512) 474-2233 TITLE 22. EXAMINING BOARDS Part XI. Board of Nurse Examiners Chapter 211. Bylaws 22 TAC sec.211.5 The Board of Nurse Examiners has withdrawn from consideration for permanent adoption a proposed amendment to sec.211.5 which appeared in the June 11, 1991, issue of the Texas Register (16 TexReg 3175). The effective date of this withdrawal is July 31, 1991. Issued in Austin, Texas, on July 31, 1991. TRD-9109139 Louise Waddill, R.N., Ph.D. Executive Director Board of Nurse Examiners Effective date: July 31, 1991 For further information, please call: (512) 835-8650 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 7. BANKING AND SECURITIES Part VII. State Securities Board Chapter 109. Transactions Exempt from Registration 7 TAC sec.109.3 The State Securities Board adopts an amendment to sec.109.3, concerning sales to institutions under the Securities Act (the Act), sec.5.H, with changes to the proposed text as published in the May 3, 1991, issue of the Texas Register (16 TexReg 2457). The reference contained in paragraph (3)(B)(i) to a section of the Employee Retirement Income Security Act if 1974 (ERISA), has been changed, as has the general definition of employee pension benefit plan that is participant-directed. The board believes that it is not necessary for persons to become registered in situations where investment advice is being rendered only to the types of institutions listed in the section. The section contains an expanded list of institutions to which a person may render investment advice without being registered as an investment adviser. A commenter suggested clarification that the exemption applies to advisers to governmental, church, and welfare benefit plans by referencing sec.3(3), as opposed to Title I, of ERISA. The commenter also recommended clarification that the board intends to except from the general definition of employee pension benefit plan participant-directed individual account plans for the benefit of single individuals. The board agrees with both comments; however, the commenter's last suggestion which was to add "or salesman" after the word "agent" each time it appears is unnecessary since the terms are interchangeable. Another commenter suggested that the definitions of accredited investor and qualified institutional buyer not be tied to specific releases of Securities and Exchange Commission (SEC). The board believes that continuous monitoring of the definitions is a good idea since the SEC could amend such definitions such that the exclusion(s) in the section would no longer be appropriate. Commenters in favor of adoption of the section as proposed was Investment Company Institute and White & Case. The Board agrees with the comments except as noted previously. The amendment is adopted under Texas Civil Statutes, Article 581, sec.28.1, which provide that the board may make or adopt rules or regulations governing registration statements, applications, notices, and reports, and in the adoption of rules and regulations, may classify securities, persons, and matters within its jurisdiction, and prescribe different requirements for different classes. sec.109.3. Sales to Institutions Under the Securities Act, sec.5.H. (a) (No change.) (b) Sales to institutions acting as agent. (1)-(2) (No change.) (3) Registration of dealers, agents, and investment advisers. (A) A person who offers or sells securities or renders investment advice solely to a financial institution or other institutional investor listed in sec.5.H is not required to register as a dealer or agent (or as a dealer or agent whose registration is restricted to the rendering of investment advice) as long as the financial institution or other institutional investor meets the requirements of paragraph (2) of this subsection. (B) The State Securities Board, pursuant to the Securities Act, sec.5.T, exempts from the requirement that a person register as a dealer or agent whose registration is restricted to the rendering of investment advice, any person who renders such advice solely in accordance with subparagraph (A) of this paragraph and/or to the following: (i) any employee pension, profit-sharing, or benefit plan or trust within the meaning of the Employee Retirement Income Security Act of 1974, sec.3.3 (ERISA), other than a plan for the benefit of a single individual (such as an individual retirement account or Keogh plan) whether or not such plan is a participant-directed individual account plan; (ii) any "accredited investor" (as that term is defined in Rule 501(a) of the Securities Act of 1933, Regulation D, as made effective in United States Securities and Exchange Commission Release Number 33-6389 and as amended in Release Numbers 33-6437, 33-6663, 33-6758, and 33-6825) , provided that this exclusion shall not be available when investment advice is provided to any natural person otherwise qualifying as an accredited investor or any entity that is not organized and existing other than for the purpose of allowing the person rendering investment advice to it to not have to register; and (iii) any "qualified institutional buyer" (as that term is defined in Rule 144A of the Securities Act of 1933, as made effective in Securities and Exchange Commission Release Number 33-6862). (c) (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 August 2, 1991. TRD-9109272 Richard D. Latham Securities Commissioner State Securities Board Effective date: August 23, 1991 Proposal publication date: May 3, 1991 For further information, please call: (512) 474-2233 Chapter 111. Securities Exempt from Registration 7 TAC sec.111.2 The State Securities Board adopts an amendment to sec.111.2, concerning listed and designated securities, without changes to the proposed text as published in the May 3, 1991, issue of the Texas Register (16 TexReg 2458) . The amendment clarifies, within the board's rules, the agency's long-standing position that registered dealers may sell the Securities Act (the Act), sec.6.F securities either as principals or agents. The section indicates that the Act, sec.6.F securities may be sold by or through a registered dealer acting either as a principal or agent. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 581, sec.28-1, which provide that the board may make or adopt rules or regulations governing registration statements, applications, notices, and reports, and in the adoption of rules and regulations, may classify securities, persons, and the matters within its jurisdiction, and prescribe different requirements for different classes. 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 August 2, 1991. TRD-9109273 Richard D. Latham Securities Commissioner State Securities Board Effective date: August 23, 1991 Proposal publication date: May 3, 1991 For further information, please call: (512) 474-2233 Chapter 115. Dealers and Salesmen 7 TAC sec.115.7 The State Securities Board adopts new sec.115.7, concerning maintenance and inspection of records, without changes to the proposed text as published in May 3, 1991, issue of the Texas Register (16 TexReg 2458). The section clarifies the requirements applicable to records that must be maintained by registered dealers and investment advisers. The section sets forth the requirements for maintenance and inspection of records maintained by registered dealers and investment advisers. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 581, sec.28-1, which provide that the board may make or adopt rules or regulations governing registration statements, applications, notices, and reports, and in the adoption of rules and regulations, may classify securities, persons, and matters within its jurisdiction, and prescribe different requirements for different classes. 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 August 2, 1991. TRD-9109274 Richard D. Latham Securities Commissioner State Securities Board Effective date: August 23, 1991 Proposal publication date: May 3, 1991 For further information, please call: (512) 474-2233 Chapter 139. Exemptions by Rule or Order 7 TAC sec.139.12 The State Securities Board adopts new sec.139.12, concerning a new exemption from the securities registration requirements of the Securities Act (the Act), for some oil and gas (and other mineral) interests sold at auction as long as certain conditions are met, with changes to the proposed text as published in the May 3, 1991, issue of the Texas Register (16 TexReg 2459). The section addresses the oil and gas industry's need for a clear-cut exemption for sales of certain interests as public auctions, and it protects the investing public through the presence of requirements which must be met in order for the exemption to be available. The section sets forth an exemption from the securities registration requirements of the Act for certain oil, gas, and other mineral interests that are sold at public auction as long as certain conditions are met. The board received a number of comments wherein the commenters expressed concern about the limited nature of the exemption to be provided by this section. The board agrees that an exemption should exist that would cover all securities-related transactions by and among persons in the oil and gas (and other minerals) industries. Therefore, the board is, in addition to adopting the section, simultaneously proposing amendments to sec.109.14 concerning oil, gas, and other mineral interests which will, if adopted, create such an exemption. The board is adopting the section with only those changes suggested by commenters that are appropriate to this exemption. In almost every case, a comment not incorporated into this section is addressed in the proposed industry participants exemption under sec.109.14. Several commenters indicated that a buyer is sometimes required to acquire some properties which it would not otherwise acquire in order to obtain the other properties in a single minerals property package and, therefore, sellers need the ability to sell those additional properties at auction. The board agrees. It was suggested by several commenters that clarification be made that the prohibition against fractionalization not necessarily require a seller to divest itself of all interests in the property. The board agrees that a seller's retention of a royalty, overriding royalty, or the horizontal severance of the property ought to be allowed. As for the sale of fractionalized interests and investment contracts, that would be allowed under the industry participants exemption in proposed amendments to sec.109.14. Some commenters suggested that the section be expanded to allow accredited investors as defined in the Securities and Exchange Commission's Regulation D to purchase securities by virtue of their meeting that definition. The board has not followed this suggestion. As a practical matter many, if not all, accredited investors will be able to purchase in compliance with the conditions of the section without the board's revising the section to specifically include accredited investors as a separate category. One commenter expressed concern that the seller as well as the auctioneer might be required to register as a dealer. The seller is not required by the terms of the exemption to so register. It was suggested that the term "auction" be clarified and that silent auctions be included within the section. The board has clarified that the only type of auction addressed by the section is that conducted by way of public outcry; the board is allowing silent auctions only in the proposed industry participants exemption. A commenter recommended that the interests covered by the section be referred to collectively as "mineral interests" and that real property purchased incident to the minerals be included in the term. The board has followed this recommendation. Several commentators expressed concern that a mineral interest might be found to be an investment contract and thus might not be covered by the section. The board believes that, since it has no control over court decisions in this area, and since it is a valid enforcement concern that investment contracts be excluded, this section should not be modified on this point. Also, the board's position is that any investment contracts ancillary to the mineral interest being auctioned off would not be covered. Commenters suggested that payments out of production and contracts relating thereto be included in the definition of mineral interest. The board believes that such an approach is appropriate only for the industry participants exemption. A comment was received that the phrase "seller itself" be clarified. The agency felt that this was unnecessary. A suggestion was made that the board require that buyers be furnished with certain specified information if the information was available as of the closing. The agency sees no reason to mandate any specific items that must be provided since the general antifraud provisions of the Securities Act will apply in any transaction made pursuant to the section, thereby assuring that purchasers are provided with material information about the mineral interests. Several commenters suggested that the use of statistical information in trade journals and data bases as well as auction pamphlets regarding mineral interests not be prohibited. The board agrees with this suggestion. A comment was made that sellers ought to be allowed to delegate to the auctioneer their responsibilities for inquiring into purchasers' qualifications. The board's position is that each seller must maintain responsibility for assuring that the purchasers meet the qualifications set forth in this section. One commenter suggested that the criteria to be applied to purchasers be expanded to offerees. The board does not deem this to be essential. Commenters in favor of adoption of the new section as proposed were: Kunzman & Bollinger, Inc., Chevron U.S.A. Inc., Baker & Botts, Stubbeman, McRae, Sealy, Laughlin & Browder, Inc., Law, Snackard & Gambill, Elkins & Yount, Thompson & Knight, and Texaco, Inc. The board agrees with the comments except as noted previously. The new section is adopted under Texas Civil Statutes, Article 581, sec.28-1, which provide that the board may make or adopt rules or regulations governing registration statements, applications, notices, and reports, and in the adoption of rules and regulations, may classify securities, persons, and matters within its jurisdiction, and prescribe different requirements for different classes. sec.139.12. Oil and Gas Auction Exemption. For purposes of this rule only, the term "mineral interest" means an interest in or under an oil, gas, or mining lease, fee, or title, including real property from which the minerals have not been severed, or contracts relating thereto. The offer and sale of a mineral interest, at an auction, by the seller itself, or a registered dealer or agent acting on behalf of the seller, is exempt from the securities registration requirements of the Securities Act, sec.7, if all of the following conditions are met. (1) Auctioneer. The auctioneer or auction company through which the mineral interest is offered or sold must be licensed as a dealer under the Securities Act and licensed by the Texas Department of Licensing and Regulation in accordance with Texas Civil Statutes, Article 8700. (2) Seller. (A) Intent. The seller did not acquire the mineral interest with a view to resale, unless the seller was forced to acquire the mineral interest in a package in order to obtain other properties in the package. (B) No fractionalization of mineral interests. (i) The seller has the full right and authority to sell the mineral interest, and is selling 100% of its mineral interest, except that retention by the seller of a royalty or overriding royalty or the horizontal severance of the property is permissible as indicated in clause (ii) of this subparagraph. (ii) The seller must not be creating undivided interests out of its mineral interest for the purpose of resale. Where all the seller owns is a partial interest (such as a royalty, overriding royalty, or undivided fractional working interest), this requirement is met if the seller sells all of that interest. However, the seller shall not be considered to be fractionalizing its interest in sales where the seller retains only a royalty or overriding royalty, or where the seller horizontally servers the property by retaining all of its existing rights in certain formations or depths under the whole property. (3) Not applicable to investment contracts. The mineral interest offered or sold does not constitute an investment contract. (4) Purchaser. (A) Knowledge and experience. The purchaser or its representative is engaged in the business of exploring for or producing oil or gas or other minerals as an ongoing business. By reason of this knowledge and experience, the purchaser or its representative has evaluated the merits and risks of the mineral interest to be purchased at auction and has formed an opinion based solely upon his knowledge and experience and not upon any statement, representation, or printed material provided or made by auctioneer or seller. If a purchaser representative is used, such purchaser representative: (i) has no business relationship with the seller; (ii) represents only the purchaser and not the seller; and (iii) is compensated only by the purchaser. (B) Financial ability. The purchaser has sufficient financial resources in order to bear the risk of loss attendant to the purchase of the property. (C) Suitability. In all sales to purchasers in this state, the seller or any person acting on its behalf shall have reasonable grounds to believe and after making reasonable inquiry shall believe that the purchaser satisfies the requirements set forth in subparagraphs (A) and (B) of this paragraph. This requirement could be met by obtaining a document signed by the purchaser to the effect that the purchaser meets these conditions. (5) Auction. For purposes of this rule only, auction shall mean the sale of the seller's mineral interest by public outcry. (6) Information not prohibited. The use of statistical information in trade journals and data bases as well as auction pamphlets concerning the mineral interests to be offered pursuant to this rule is not prohibited. 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 August 2, 1991. TRD-9109275 Richard D. Latham Securities Commissioner State Securities Board Effective date: August 23, 1991 Proposal publication date: May 3, 1991 For further information, please call: (512) 474-2233 TITLE 22. EXAMINING BOARDS Part XI. Board of Nurse Examiners Chapter 217. Licensure and Practice 22 TAC sec.217.10 The Board of Nurse Examiners adopts an amendment to sec.217.10, concerning change of name and/or address, without changes to the proposed text as published in June 11, 1991, issue of the Texas Register (16 TexReg 3175). The Nurse Practice Act requires the board to send renewal notification/information to the address on record in the board's office. Therefore, it is very important that the nurse keep the board's office informed of name and address changes as they occur. By calling attention to the requirement of notification of name and/or address changes, the board's office will be able to maintain current licensure data and further be able to send timely renewal notices in order to prevent any late penalties by the nurse. One commenter indicated that 10 days was unrealistic. The comment received was from an individual not affiliated with a group and/or association. Although the board did not disagree with the commenter, the 10-day requirement was left in place as a motivator for the nurse to keep the board's office informed. The amendment are adopted under Texas Civil Statutes, Article 4514, sec.1, which provide the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it. 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 30, 1991. TRD-9109141 Louise Waddill, R.N., Ph.D. Executive Director Board of Nurse Examiners Effective date: August 21, 1991 Proposal publication date: June 11, 1991 For further information, please call: (512) 835-8650 Chapter 218. Delegation of Selected Nursing Tasks by Registered Nurses to Unlicensed Personnel 22 TAC sec.218.9 The Board of Nurse Examiners adopts an amendment to sec.218.9, concerning administration of medications, without changes to the proposed text as published in the June 11, 1991, issue of the Texas Register (16 TexReg 3175). This amendment is being adopted to comply with the amendments to the Health and Safety Code, Chapter 142, Subchapter B, which provides for the permitting of medication aides in home health settings and the training of the medication aides. This amendment will provide guidance to the registered nurse (RN) and allow the RN to delegate the administration of medications to a home health medication aide in accordance with the guidelines as specified in the rules. The board received 12 comments-all were in favor of the amendments. Most felt this amendment would benefit the patient as well as providing better utilization of the aides. The following groups commented in favor of the adopted amendment: Concepts of Care, Panhandle Eastern Corporation, Ultimate Home Health Care, Inc., Amoco Production Company, Initiatives for Children, Inc., Amarillo Area Hospital Home Care, Inc., Compaq Computer Corporation Health Services, Children's Nursing Services MedStaff Home Care. The agency does not disagree with the comments. The amendment is adopted under Texas Civil Statutes, Article 4514, sec.1, which provides the Board of Nurse Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it. 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 30, 1991. TRD-9109140 Louise Waddill, R.N., Ph.D. Executive Director Board of Nurse Examiners Effective date: September 1, 1991 Proposal publication date: June 11, 1991 For further information, please call: (512) 835-8650 TITLE 25. HEALTH SERVICES Part VIII. Interagency Council on Early Childhood Intervention Chapter 621. Early Childhood Intervention Program Early Childhood Intervention Service Delivery 25 TAC sec.621.25 The Interagency Council on Early Childhood Intervention (ECI) adopts an amendment to sec.621.25, concerning application requirements, with change to the proposed text as published in the May 17, 1991, issue of the Texas Register (16 TexReg 2700). The amendment modifies subsection (e)(1)(E), concerning equipment as an allowable cost, by deleting the requirement that each type of equipment must be for client instruction. The change will enable applicants more flexibility in requesting approval for equipment costs. The amendment will allow local service providers more flexibility when requesting approval of costs of equipment which is essential for program operation. Two comments endorsing the proposed rule were received from local ECI providers. ECI staff made minor wording changes for clarification purposes. The commenters were the Life Management Center for Mental Health and Mental Retardation Services of El Paso, and the South Texas Children's Habilitation Center of San Antonio. Both commenters endorsed the rule change. The amendment is adopted under the Human Resource Code, s73.0003, which provides the Interagency Council on Early Childhood Intervention with the authority to establish rules regarding services provided for children with development delays. sec.621.25. Application Requirements. (a)-(d) (No change.) (e) Allowable costs. (1) The following is intended to be a summary of the most frequently requested costs, and should not be construed to be complete. (Exclusion of a particular item from the allowable list does not necessarily mean it is unallowable. All costs to be reimbursed by ECI or applicant share must go exclusively for conducting the program.) A complete list of expenditures is listed in the UG&CMS; (A)-(D) (No change.) (E) equipment-(nonexpendable personal property) is equipment that is complete in itself, has an expected use of more than one year, and an acquisition cost greater than $500 per unit. (2) (No change.) (f) (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 August 1, 1991. TRD-9109180 Jill Gray Chairperson Interagency Council on Early Childhood Intervention Effective date: August 22, 1991 Proposal publication date: May 17, 1991 For further information, please call: (512) 458-7673 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 102. General Provisions-Practice and Procedure 28 TAC sec.102.7 The Texas Workers' Compensation Commission adopts new sec.102.7, concerning the description of when a document is deemed to be timely "filed" with the commission, if it is not otherwise clear in any other rules, or provisions of the Texas Workers' Compensation Act (the Act), Article 8308-1.01 et seq, without changes to the proposed text as published in the May 31, 1991, issue of the Texas Register (16 TexReg 2986). The new section states that, unless otherwise specified in the Act, or the rules, any forms, reports, or other documents that must be filed with the commission by a certain day will be considered filed on time only if received by the commission (in Austin or the field office) on or by the due date. The section makes clear that when the last day falls on the weekend, or a legal holiday, or another day when the commission is not open for business, then the time is extended as described in sec.102.3 of this title (relating to Computation of Time). The rule is similar to that promulgated by the Industrial Accident Board for application to claims under "old law." No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 8308, sec.2. 09(a), which authorize the commission to adopt rules necessary to implement and enforce the Texas Workers' Compensation Act, Article 8308-1.01 et seq. 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 August 2, 1991. TRD-9109281 Ernest Boardman Assistant General Counsel Texas Workers' Compensation Commission Effective date: August 23, 1991 Proposal publication date: May 31, 1991 For further information, please call: (512) 440-3970 Chapter 110. General Provisions-Required Notices of Coverage Subchapter A. Carrier Notices 28 TAC sec.110.4 The Texas Workers' Compensation Commission adopts new sec.110.4, concerning the duty of an employer or an insurance carrier to provide information to the commission about workers' compensation insurance coverage when the information is unclear, without changes to the proposed text as published in the April 16, 1991, issue of the Texas Register (16 TexReg 2184). Specifically, new sec.110.4 requires that when the commission is unable to identify coverage, it will order an employer or insurance carrier to provide this information by personal delivery or certified mail, within 14 days of the order. If no response is submitted, the section allows the commission to set a expedited benefit proceeding (either a benefit review conference or a contested case hearing) to get this information, and the employer or carrier must attend the hearing. This proceeding will be held at the field office of the commission managing the claim. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 8308, sec.2. 09(a), which authorize the commission to adopt rules necessary to implement and enforce the Texas Workers' Compensation Act, Article 8308-1.01 et seq. 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 August 2, 1991. TRD-9109280 Ernest Boardman Assistant General Counsel Texas Workers' Compensation Commission Effective date: August 23, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 440-3970 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 9. Exploration of Oil and Gas 31 TAC sec.9.7 The General Land Office adopts an amendment to sec.9.7, concerning royalty and reporting obligations to the state, with changes to the proposed text as published in the February 26, 1991, issue of the Texas Register (16 TexReg 1275). Changes are being made to clarify the time requirement in submitting GLO-5(s). The amendment removes unnecessary burden from the filing process of the gas contract briefs. The amendment also simplifies the reporting process. 3. How the section will function. The amendment redefines the gas contract brief filing procedures and changes the forms to be filed. One comment received was that the filing of a contract brief with each gas contract, agreement, or amendment places an unnecessary administrative burden upon the operator. Response: The requirement of filing contract briefs has been in place since 1976. Because of the complexity of gas sales agreements, the brief was created to assist the General Land Office in correctly retrieving information from each contract. Under the new contract brief procedures, the bulk of the necessary data is required to be reported only once on the GL0-5. From that point on, only price changes need to be reported on a six-month basis by submitting the GLO-5(s), unless there has been a substantive change in the data previously reported on the GLO-5. As most lessees, or their assigns, already maintain the information required by the GLO-5, the submitting of such data should require minimal time or research, and needs to be reported only once, followed by six-month price change reports on the GLO-5(s) form. One comment stated that much of the information required by the GLO-5 is already submitted monthly on the GLO-2. Response: Some of the information required by each form is the same but is necessary to identify the appropriate state lease(s) and wells affected by the contract(s). The remaining data requested by the GLO-5, such as seller name and contract identification number, purchaser name, contract term and date, county, NGPA category and dedication, is essential for audit purposes. Furthermore, the price reported on the GLO-2 is the price paid for the sale of gas, whereas the price reported by the GLO-5 is the price that is due under the terms of the contract. These two prices may not necessarily be the same in all instances. The GLO-5 is comprised primarily of static information, whereas the GLO-2 primarily reports dynamic royalty data. The use of two separate forms actually reduces the already minimal effort necessary to file the forms. One comment suggested that NGPA category is now almost meaningless (by virtue of the Wellhead Decontrol Act of 1989 which will decontrol all gas by January 1, 1993), as is dedication, having nothing to do with the price payable for gas. Response: The NGPA category and dedication are used to audit gas production revenue over periods of time when there may have been a ceiling price. This information is useful in determining market value, as prescribed by particular lease agreements. One comment stated that it needs to be clarified that the penalties for failure to file the GLO-5 and the GLO-5(s) in a timely fashion will not be assessed until the lessee has been notified by the General Land Office of a deficiency in such filing. Response: It is the intent of the General Land Office to work diligently with all parties in securing the requisite contract information. Only in the event of refusal to furnish requested contract information or exorbitant delays in providing such information will the remedy of penalty be considered. All verbal requests for contract information will be followed by written documentation evidencing same. However, this is a matter of internal policy of the GLO and not a matter of regulation. Furthermore, the state is unable to waive any rights or remedies to which it will be justly entitled. Therefore, the administrative code would be an inappropriate forum for such assurances. One comment received was that the preparation and filing of gas contracts for use by a lessor are not appropriate or logical functions to be performed by the lessee. Response: The lessee under the oil and gas lease affected by a gas contract is the party in privity with the state and therefore the only party responsible to the state for compliance with the terms of the lease, applicable laws and administrative rules. While parties other than the lessee, such as the purchaser or operator, may file the GLO-5 and the subsequent short Form GLO-5(s) on behalf of the lessee, there is no privity of contract between the state and those parties. The lessee must be the party ultimately responsible to ensure that the forms are filed timely and in the manner prescribed by the applicable rules and regulations. One comment received stated that the paragraph concerning due dates on the preliminary draft of the instructions for the GLO-5 form makes no distinction for new contracts between spot market sales and longer term sales. The comment continues by stating that the instructions should track the language of subsection (b)(2)(I) in the rule. Response: The due date for the GLO-5 as stated in the preliminary draft of the instructions will be amended to reflect the due date specified in the rules. Specifically, for spot sales contracts, and other contracts in which prices may change monthly, the GLO-5 is due within 30 days after the first six-month period of sales. For contracts of longer term, contract amendments and agreements, the GLO-5 is due within 30 days of the execution of such instrument. The amendment is adopted under the Texas Natural Resources Code, sec.31.051, which authorizes the commissioner to make and enforce rules consistent with the law; under the Texas Natural Resources Code, sec.52.134 concerning the filing of contracts and agreements. sec.9.7. Royalty and Reporting Obligations to the State. (a) (No change.) (b) Monetary royalties and reports. (1) (No change.) (2) Royalty payments and reports. (A)-(H) (No change.) (I) Gas contract brief (Form GLO-5). (i) Each gas contract, agreement, or contract amendment must be accompanied by a gas contract brief (Form GLO-5) completed in the form and manner prescribed by GLO. The GLO-5 must be submitted even if GLO is taking its royalty in-kind from the leases subject to the contract or agreement. The GLO-5 shall be submitted to the GLO within 30 days of executing a contract, agreement, or contract amendment. While the lessee is responsible for the preparation and filing of the GLO-5 and supplements, the lessee is not required to submit the GLO-5 or supplements for royalty volumes which the state is taking in kind. Rather, the lessee must submit the GLO-5 and supplements for other volumes produced from the lease or leases. (ii) A gas contract brief supplement (GLO-5(s)) may be filed for sales of gas on the spot or other markets in which price changes occur monthly. A GLO-5(s) should be submitted to GLO within 30 days of the completion of each six-month period of sales. A GLO-5 does not have to be submitted as long as other contract provisions remain unchanged. (iii) For spot or similar sales situations in which supplements will be submitted, the GLO-5 is due within 30 days of the completion of the first six-month sales period. (iv) Gas contract briefs and supplements should be directed to: General Land Office, Energy Resources Division, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas 78701-1465, Attention: Gas Contracts Administrator. (J)-(P) (No change.) (3)-(5) (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 13, 1991. TRD-9109254 Garry Mauro Commissioner General Land Office Effective date: August 23, 1991 Proposal publication date: February 26, 1991 For further information, please call: (512) 463-5394 Chapter 14. Relationship between Agency and Private Organizations 31 TAC sec.sec.14.1-14.5 The General Land Office adopts new sec.14.1, concerning cooperation with private organizations, sec.14.2, concerning designation of agency liaison, sec.14. 3, concerning compensation from private organizations, sec.14.4, concerning use of personnel, equipment, or property, and sec.14.5, concerning conflict, without changes to the proposed text as published in the April 16, 1991, issue of the Texas Register (16 TexReg 2185). These new sections will establish rules concerning the relationship between the General Land Office and Private organizations which are organized or designed to support or further the purposes and programs of the agency. The new sections will govern the relationship between the General Land Office and private organizations. No comments were received regarding adoption of the new sections. The new sections are adopted under Acts 1931, 42nd Legislature, Chapter 271; Acts of 1977, 65th Legislature, Chapter 871; Texas Civil Statutes, Article 6252-11f, sec.2; and the Natural Resources Code, sec.51.014, sec.31.051, and sec.161. 063, which authorize the commissioner to adopt, alter, or amend administrative rules. 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 August 2, 1991. TRD-9109253 Garry Mauro Commissioner General Land Office Effective date: August 23, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 463-5394 Part II. Texas Parks and Wildlife Department Chapter 65. Fisheries and Wildlife Subchapter A. Statewide Hunting and Fishing Proclamation 31 TAC sec.65.72 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held July 9, 1991, adopts an amendment to 31 TAC sec.65.72, a portion of the Statewide Hunting and Fishing Proclamation concerning tarpon, without changes to the proposed text as published in the June 7, 1991, issue of the Texas Register (16 TexReg 3126). The amendment as adopted provides for a catch-and-release tarpon fishery. Beginning September 1, 1991, the bag limit for tarpon is zero. The adopted amendment has as its factual basis department studies and investigations that indicate that tarpon fishery resources are very low. Studies further document that tarpon populations have continued to decline in recent years. The amendment is needed to provide enhanced conservation of this game fish in Texas' waters. The amendment as adopted will prohibit the retention of tarpon. Comments by the public about the proposed amendment were presented to the Parks and Wildlife Commission in its July 9, 1991, public hearing. The comments were summarized from the June public hearings and letters received. During the period June 24-26, 1991, five public hearings were held in the counties of Cameron, Galveston, Jefferson, Nueces, and Victoria to obtain public input on the proposed new rules. A total of 66 people attended the hearings. Two people presented comments at the public hearing on July 9, 1991. Comments made by the public at the five hearings and July 9, 1991, public hearing concerned desires to maintain a bag limit of one fish; suggestions that the main problem with tarpon populations is the commercial fishing activity in Mexico; disagreements with methods used by the department to determine the tarpon population; agreement with the proposal for a zero bag limit; feelings that tarpon stocks were increasing; recommendations for development of tarpon research program to include tagging; recommendations to change the minimum size to 84 inches to allow for a state or world record certification; a recommendation to establish a permit system with a permit fee of $100; a recommendation to change the minimum size to 86 inches; a suggestion that a zero bag limit would allow the stocks to rebuild; recommendations for a person to be allowed to certify a state or world record without breaking the law; a suggestion that most people already practice catch and release; a suggestion that most fish now caught are well over the 48 inch minimum size; and allow for the taking of one tarpon per year which would be required to be over 84 inches through the use of a purchased tarpon tag. All comments are available for public inspection at the Texas Parks and Wildlife Department Headquarters Complex, 4200 Smith School Road, Austin, Texas 78744. The Executive Director of the Gulf Coast Conservation Association, spoke in support of the concept of a catch and release fishery for tarpon but urged consideration of a one tarpon per year allowance with a minimum size limit of 84 inches. The association suggested this could be accomplished through the development of a tarpon tag. The Port Aransas Boatsman's Association gave full support to the proposal for a catch and release fishery for tarpon but asked for consideration to be given to the potential for allowing the take of one tarpon per year over the size of 84 inches. The association suggested that a fee of $100 could be charged for this tag with proceeds going to tarpon research. The Texas Parks and Wildlife Commission consulted with the staff about the feasibility of the establishment of a tag which would allow for an annual take of one tarpon over 84 inches. The consensus was that the commission did not have sufficient authority to develop such a tag. It was furthered agreed that such a tag would require legislative action. The amendment is adopted under the Texas Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act, sec.61.021 and sec.61.054, which requires the Parks and Wildlife Commission to regulate the taking or possession of wildlife resources by specifying the quantity and size of the wildlife resources authorized to be taken or possessed. 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 August 2, 1991. TRD-9109250 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: September 1, 1991 Proposal publication date: June 7, 1991 For further information, please call: (512) 389-4863 Subchapter K. Migratory Game Birds-Nontoxic Shot Zones 31 TAC sec.65.261 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held July 9, 1991, at Port Aransas, repealed 31 TAC sec.65.261, concerning nontoxic shot (steel) zones for migratory game birds without changes in the proposed text as published in the April 16, 1991, issue of the Texas Register (16 TexReg 2211). For administrative efficiency, the Texas Parks and Wildlife Commission repealed the Non-toxic Shot Proclamation as a separate rule and simultaneously adopted amendments to the Early Season Migratory Game Bird Proclamation which require the use of nontoxic (steel shot) for all waterfowl (duck, goose, brant, and coot) hunting statewide beginning September 1, 1991. This requirement will also be added to the Late Season Migratory Game Bird Proclamation when it is amended in late August. The Nontoxic Shot Proclamation has been repealed, but the requirement for the use of nontoxic shot for all waterfowl hunting statewide will be continued under the Early Season and Late Season Migratory Game Bird Hunting Proclamations. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Parks and Wildlife Code, Chapter 64, Subchapter C, which provides the Texas Parks and Wildlife Commission with authority to regulate seasons, means, methods, and devices for taking and possessing migratory game bird wildlife resources. 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 August 2, 1991. TRD-9109252 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Commission Effective date: September 1, 1991 Proposal publication date: April 16, 1991 For further information, please call: (512) 389-4778 Subchapter N. Early Season Migratory Game Bird 31 TAC sec.sec.65.311-65.315 The Texas Parks and Wildlife Commission, in a regularly scheduled public hearing held July 9, 1991, at Port Aransas, adopted amendments to 31 TAC sec.sec.65. 311-65.315, concerning the early season for migratory game birds. Sections 65. 312, 65.313, and 65.315 are adopted with eight changes to the proposed text as published in the April 21, 1991, issue of the Texas Register (16 TexReg 2089). Section 65.311 and sec.65.314 are adopted without changes and will not be republished. The first of these changes (in sec.65.312) adds the word "game" to the prohibition against rallying of "any migratory game bird." The next change (in sec.65.313) moves seven days from the end of the winter mourning dove season to the end of the fall mourning dove season in the Central Zone. The next change (in sec.65.313) increases the fall mourning dove season from 49 to 51 days in the Special White-winged Dove Area of the South Zone. The next change (in sec.65.313) restricts the daily bag on white-winged doves taken during the regular mourning dove season in Cameron, Hidalgo, Starr, and Willacy Counties in the South Zone to not more than two whitewings. The next change (in s65.313) reduces the Special White-winged Dove season from two weekends to one weekend. The next change (in s65.313) reinstates the same bag and possession limits as last year during the Special White-winged Dove Season. The next change (in s65.313) suspends the September teal season. The final change (in sec.65.315) suspends the September teal season for falconry. These changes were the result of United States Fish and Wildlife Service action and commission direction to permit maximum hunting opportunities consistent with federal regulations. Fluctuations in migratory game bird populations, changes in federal frameworks, and the need to provide better hunting opportunities for sportsmen require the Parks and Wildlife Commission to adopt regulation changes for the 1991-1992 hunting seasons. The United States Fish and Wildlife Service continued the suspension of the teal season due to drought and reduced the whitewing season due to weather-related habitat problems on the breeding grounds. The rules allow the taking of early season migratory game bird wildlife resources consistent with their populations. The department received a total of 39 comments including 20 letters, 14 telephone calls, and five public hearing responses concerning Early Season Migratory Game Bird Hunting Regulations. Of the varied comments received, seven wanted a later fall dove season, five wanted the dove season to open on September 7, three wanted the dove season to open on September 1, four wanted to limit dove hunting to afternoons only, three wanted to close the dove season entirely, and 3 wanted to move the sandhill crane zone boundary to permit more crane hunting along the Upper Texas Coast. All public comments are available for public inspection at the Texas Parks and Wildlife Department Headquarters Complex, 4200 Smith School Road, Austin, Texas 78744, telephone 1-800-792-1112, extension 4778 or (512) 389-4778. No public comments were made during the public hearing. The Texas Parks and Wildlife Commission disagreed with some recommendations made by the public because they were judged not to be consistent with recognized wildlife management principles and regulations as published in the federal frameworks. The rules as adopted are based upon scientific studies and investigations which monitor trends in relative abundance and permit optimum harvest of the wildlife resources. The amendments are adopted under the Texas Parks and Wildlife Code, Chapter 64, Subchapter C, which provides the commission with the authority to regulate seasons, means, methods, and devices for taking and possessing migratory game bird wildlife resources. sec.65.312. Means, Methods, and Special Requirements. (a) (No change.) (b) The following means and methods are unlawful in the taking of migratory game birds: (1)-(7) (No change.) (8) by the means or aid of motor-driven land, water, or air conveyance or sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory game bird; and (9) (No change.) (c) No person may possess shotgun shells containing any shot material, or loose shot for muzzleloading firearms, other than nontoxic shot as defined in sec.65.311 of this title (relating to Definitions) while taking or killing or attempting to take or kill waterfowl (ducks, geese, brant, and coots) anywhere in Texas, including the shooting of privately owned pen reared and banded mallards on licensed private bird hunting areas. (d) Nothing in these rules applies to persons taking birds pursuant to lawful collection or depredation permits when operating within the terms of such permits. (e) The following identification requirements must be met. (1) One fully feathered wing must remain attached to all migratory game birds while being transported by any means from Mexico into Texas and must remain attached until reaching the final destination as defined in sec.65.311. (2) One fully feathered wing must remain attached on dressed migratory game birds while being transported between the place where taken and the final destination as defined in sec.65.311. (3) Paragraph (2) of this subsection does not apply to doves except in the South Zone and the special white-winged dove area at all times. (f) Tagging requirements. (1) No person shall give, put, or leave any migratory game birds at any place or in the custody of another person or receive, possess, or give to another any freshly killed migratory game bird as a gift, except at the permanent residence of the donor or donee, unless the birds are tagged by the hunter with the following information: (A) the hunter's signature; (B) the hunter's address; (C) the total number of each species of birds involved; and (D) the dates such birds were killed. (2) Tagging is required if the transfer or receipt of birds constitutes a number of birds in excess of the daily bag or possession limit, the birds are being transported by another person for the hunter, or if the birds have been left for cleaning, storage (including temporary storage), shipment, or taxidermy services. (g) Importation of migratory game birds. (1) Documentation required. It is unlawful to import or possess migratory game birds taken in another state or country unless a verification document accompanies the wildlife. Documentation is required if: (A) the species is required to be tagged in this state; (B) the number possessed exceeds the possession limit in this state; or (C) the size limits do not comply with size limits in this state. (2) Legible document required. A separate legible document is required for each species and must contain: (A) license number from the state or country where the wildlife was taken; (B) number and species of wildlife taken; (C) location wildlife was taken (nearest town, county, parish, name of area such as landowner's name, public hunting area name); and (D) signature, printed name, address, and telephone number of person verifying where wildlife was taken. (3) Substitute for verification document. In lieu of this verification document, a statement from the United States Customs officer at the port of entry showing that the wildlife was brought from Mexico is required. (4) Defense to prosecution. It is a defense to prosecution if the person receiving the wildlife resource does not exceed any possession limit or possess a wildlife resource or a part of a wildlife resource that is required to be tagged if the wildlife resource or part of the wildlife resource is tagged. sec.65.313. Open Seasons, Shooting Hours, Bag and Possession Limits. (a)-(f) (No change.) (g) Every migratory game bird wounded by hunting and retrieved by the hunter shall be immediately killed and become a part of the daily bag limit. (1) (No change.) (2) Mourning doves. (A) North Zone: that portion of the state north of a line beginning at the International Bridge south of Fort Hancock; thence north along FM 1088 to State Highway 20; thence west along State Highway 20 to State Highway 148; thence north along State Highway 148 to Interstate Highway 10 at Fort Hancock; thence east along Interstate Highway 10 to Interstate Highway 20; thence northeast along Interstate Highway 20 to Interstate Highway 30 at Fort Worth; thence northeast along Interstate Highway 30 to the Texas-Arkansas state line: (i)-(ii) (No change.) (iii) bag and possession limits: 12 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate including no more than six white-winged doves and two white-tipped doves per day; 24 mourning doves, white-winged doves, and white-tipped doves in the aggregate including no more than 12 white-winged doves and four white-tipped doves in possession. (B) Central Zone: that portion of the state east of a line beginning at the junction of the Texas-Arkansas state line and Interstate Highway 30; thence southwest along Interstate Highway 30 to Interstate Highway 20 at Fort Worth; thence southwest along Interstate Highway 20 to Interstate Highway 10; thence west on Interstate Highway 10 to U.S. Highway 90 at Van Horn; thence southeast along U.S. Highway 90 to Interstate Highway 10 at San Antonio; thence east along Interstate Highway 10 to the Texas-Louisiana state line. (i) Dates: September 1 through October 30 and beginning on the first Friday in January for 10 consecutive days; (ii) (No change.) (iii) bag and possession limits: 12 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than six white-winged doves and two white-tipped doves per day; 24 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than 12 white-winged doves and four white-tipped doves in possession. (C) South Zone: that portion of the state south and west of a line beginning at the International Bridge south of Fort Hancock; thence north along FM 1088 to State Highway 20; thence west along State Highway 20 to State Highway 148; thence north along State Highway 148 to Interstate Highway 10 at Fort Hancock; thence east along Interstate Highway 10 to U.S. Highway 90 at Van Horn; thence southeast along U.S. Highway 90 to Interstate Highway 10 at San Antonio; thence east along Interstate Highway 10 to the Texas-Louisiana state line: (i) dates: Beginning on September 20, for 53 consecutive days (51 consecutive days in the special white-winged dove area) and beginning on the first Friday in January, for 17 consecutive days; (ii) (No change.) (iii) bag and possession limits: 12 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate, including no more than six white-winged doves and two white-tipped doves per day; 24 mourning doves, white-winged doves, and white-tipped doves in the aggregate, including no more than 12 white-winged doves and four white-tipped doves in possession. (iv) special exception: in Cameron, Hidalgo, Starr, and Willacy Counties, the bag and possession limits are: 12 mourning doves, white-winged doves, and white-tipped (white-fronted) doves in the aggregate including no more than two white-winged doves and two white-tipped doves per day; 24 mourning doves, white-winged doves, and white-tipped doves in the aggregate including no more than four white-winged doves and four white-tipped doves in possession. (3) White-winged doves. Special white-winged dove area: that portion of the state south and west of a line beginning at the International Bridge south of Fort Hancock; thence north along FM 1088 to State Highway 20; thence west along State Highway 20 to State Highway 148; thence north along State Highway 148 to Interstate Highway 10 at Fort Hancock; thence east along Interstate Highway 10 to United States Highway 90 at Van Horn; thence southeast along U.S. Highway 90 to United States Highway 83 at Uvalde; thence south along U.S. Highway 83 to State Highway 44; thence east along State Highway 44 to State Highway 16 at Freer; thence south along State Highway 16 to State Highway 285 at Hebbronville; thence east along State Highway 285 to FM 1017; thence southeast along FM 1017 to State Highway 186 at Linn; thence east along State Highway 186 to the Mansfield Channel at Port Mansfield; thence east along the Mansfield Channel to the Gulf of Mexico: (A) dates: the first complete weekend (both Saturday and Sunday) in September; (B) (No change.) (C) bag and possession limits. (i) In that portion of the Special White-winged Dove Area north and west of the International Toll Bridge and United States Highway 277 Spur at Del Rio: 10 white-winged doves, mourning doves, and white-tipped (white-fronted) doves, in the aggregate to include no more than two white-tipped doves per day; 20 white-winged doves, mourning doves, and white-tipped doves in the aggregate to include no more than four white-tipped doves in possession. (ii) In that portion of the Special White-winged Dove Area south and east of the International Toll Bridge and United States Highway 277 Spur at Del Rio: 10 white-winged doves, mourning doves, and white-tipped (white- fronted) doves, in the aggregate to include no more than five mourning doves and two white-tipped doves per day; 20 white-winged doves, mourning doves, and white-tipped doves in the aggregate to include no more than 10 mourning doves and four white-tipped doves in possession. (4) (No change.) (5) Teal ducks (blue-winged, green-winged, and cinnamon). Statewide: no September open season. (6)-(7) (No change.) sec.65.315. Extended Falconry Season. (a) (No change.) (b) It is lawful to take migratory game birds by means of falconry during the following prescribed open seasons. (1)-(4) (No change.) (5) Teal ducks: no September open season. (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 August 2, 1991. TRD-9109251 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: September 1, 1991 Proposal publication date: April 12, 1991 For further information, please call: 1-800-792-1112, ext. 4778 or (512) 389-4778 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part IX. Texas Commission on Jail Standards Chapter 297. Compliance and Enforcement 37 TAC sec.297.9 The Texas Commission on Jail Standards adopts the repeal of sec.297.9, concerning contracts with private sector for the purpose of placing low risk county inmates in a detention facility operated by the private entity, without changes to the proposed text as published in the June 7, 1991, issue of the Texas Register (16 TexReg 3130). The repeal of this section is necessary to allow for the adoption of new rules which are consistent with the Local Government Code, sec.sec.351.101-351.104 (concerning county contract with private entity for jail facilities). This action deletes obsolete and incomplete language which does not provide adequate guidance to counties in the planning, construction, and operation of facilities operated by a private entity. No comments were received regarding adoption of the repeal. The repeal is adopted under the Government Code, Title 4, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation for county jails. 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 24, 1991. TRD-9109177 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: August 22, 1991 Proposal publication date: June 7, 1991 For further information, please call: (512) 463-5505 The Texas Commission on Jail Standards adopts new 297.9, concerning county contracts with private entity for the construction, leasing. operating, purchase, maintenance, or management of a facility for the confinement of persons accused or convicted of an offense, with changes to the proposed text as published in the June 7, 1991, issue of the Texas Register (16 TexReg 3130). This new section is necessary to provide minimum standards for county contracts with private entity for the construction, leasing, operating, purchase, maintenance, or management of a facility for the confinement of persons accused or convicted of an offense as required under the Local Government Code, ssec.351. 101-351.104 (concerning county contract with private entity for jail facilities). This section will provide guidance to counties in the planning, construction, and operation of privately operated county jail facilities and assist counties to establish responsibility between the contracting parties for facility monitoring and resolution of disputes, disagreements, or deficiencies. One comment was received suggesting that approvals by county officials should be in writing. This suggestion was incorporated into the adopted section. Bell County Sheriff's office commented in favor of the adoption of the new section. The new section is adopted under the Government Code, Title 4, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation for county jails. sec.297.9. County Contract with Private Entity for Jail Facilities. (a) The commissioners' court of a county may contract with a private vendor to provide for the financing, design, construction, leasing, operation, purchase, maintenance, or management of a facility for the confinement of persons accused or convicted of an offense. (b) Contracts for these purposes shall comply with the Local Government Code, sec.sec.351.101-351.104 (concerning county contract with private entity for jail facilities). (c) If the contract includes construction of a new facility or renovation of an existing facility, the construction documents shall be submitted and reviewed in accordance with Chapter 257 of this title (relating to Construction Approval Rules). (d) A facility needs analysis shall be submitted by the county to the commission for approval for all facilities intended for the housing of persons not committed to the facility by local jurisdictions. The executive director may require a facility needs analysis be submitted for all facilities. The facility needs analysis shall minimally: (1) describe the origin, conviction status, risk/needs level, and anticipated length of stay of persons to be confined in the facility; (2) identify the availability of persons to be confined and duration of such availability; (3) describe the basis and methodology utilized in determining the need for the facility; and (4) indicate the work force availability within the county to properly staff the facility. (e) A statement of objectives shall be submitted by the county to the commission for approval, indicating: (1) the management concept under which the facility will be operated including description of how required services will be provided; (2) educational, vocational, or rehabilitative programs which will be provided at the facility; and (3) the construction standards under which the facility will be constructed or operated. (f) The commissioners' court and the sheriff shall review and approve the facility needs analysis, statement of objectives, and construction documents prior to submission to the commission. (g) Facility operational plans, as required by the commission, shall be developed by the private operator of the facility in consultation with the sheriff and shall be approved by the sheriff, in writing, prior to submission to the commission for approval. Approval by the sheriff shall not be unreasonably withheld. Revised plans shall similarly be submitted when there is a change of sheriffs, operator, types of persons being confined, or operational procedures. (h) The sheriff shall exercise regular on-site monitoring over the private jail facility, in accordance with the Local Government Code, sec.351.103 (concerning contract requirements). The specifics of such on-site monitoring, including the resolution of disputes, disagreements, or deficiencies shall be provided for in the contract and facility operational plans. 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 24, 1991. TRD-9109179 Jack E. Crump Executive Director Texas Commission on Jail Standards Effective date: August 22, 1991 Proposal publication date: June 7, 1991 For further information, please call: (512) 463-5505 TITLE 40. SOCIAL SERVICES Part I. Texas Department of Human Services Chapter 3. Income Assistance Services Subchapter E. Household Determination 40 TAC sec.3.501 The Texas Department of Human Services (DHS) adopts an amendment to sec.3. 501, concerning persons who must be included in an AFDC certified group with an eligible child. The justification for the amendment is to comply with the Omnibus Budget Reconciliation Act of 1990. The amendment will function by excluding from the AFDC and/or Medicaid program certified group all children receiving foster care or adoption subsidy assistance payments. The amendment also exempts all income and resources of the children during the time the adoption subsidy is being paid. The amendment is 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. The amendment is adopted under federal requirements effective July 1, 1991. sec.3.501. AFDC and Food Stamp Household Determination. (a) Aid to families with dependent children. The following persons are included in an AFDC certified group: (1)-(2) (No change.) (3) eligible child. Eligible children must be under age 18; or they may be under age 19 if they also regularly attend high school or high-school-level training on a full-time basis and expect to graduate before or during the month of their 19th birthday. The client may not choose to exclude a child from the certified group because of the child's income or resources. If the client fails to provide verification for a child who is a required member of the certified group, the Texas Department of Human Services (DHS) denies assistance for the entire certified group. The following persons must be included in the certified group with the eligible child: (A) (No change.) (B) siblings, unless they: (i) receive SSI, foster care, or adoption subsidy payments, (ii)-(iii) (No change.) (4)-(6) (No change.) (b) Aid to families with dependent children. The following persons are not included in an AFDC certified group: (1)-(3) (No change.) (4) recipients of SSI, foster care, or adoption subsidy payments. DHS does not count resources or income of these recipients toward the needs of the AFDC household. (5)-(6) (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 August 1, 1991. TRD-9109190 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: July 1, 1991 For further information, please call: (512) 450-3765 Chapter 4. Medicaid Programs-Children and Pregnant Women Eligibility Requirements 40 TAC sec.4.1002 The Texas Department of Human Services (DHS) adopts an amendment to sec.4. 1002 concerning applications for continued Medicaid coverage for newborns through their first birthday. This amendment removes the application requirement for one year of continuous Medicaid coverage for infants born on or after May 1, 1991, as long as the children continue to live with their mother and their mother was eligible for and receiving Medicaid when the children were born. The amendment is a mandate of the Omnibus Reconciliation Act of 1990. The justification for the amendment is to comply with federal regulations. The amendment will function by prohibiting the requirement for an application for continuous Medicaid coverage. The amendment is 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. The amendment is adopted under federal mandate to be effective August 1, 1991. sec.4.1002. Application Procedures. Applicants for the Medicaid programs follow the same application procedures outlined in the Aid to Families with Dependent Children (AFDC) Program rules, except that no application is required for children born on or after May 1, 1991, to mothers who are eligible for and receiving Medicaid at the time of the children's birth. 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 August 2, 1991. TRD-9109239 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: August 1, 1991 For further information, please call: (512) 450-3765 Part X. Texas Employment Commission Chapter 301. Unemployment Insurance 40 TAC sec.301.16 The Texas Employment Commission adopts an amendment to s301.16, without changes to the proposed text as published in the June 25, 1991, issue of the Texas Register (16 TexReg 3396). The amendment to this section clarifies for the parties involved in hearings before the commission the circumstances in which a party is entitled to request a reopening. The amendment defines the term "appear" to exclude mere submission of documents, thereby allowing a party who had previously submitted documents or affidavits to request a reopening to appear in person and offer sworn testimony if good cause for failing to personally appear at an earlier hearing is established. No comments were received regarding adoption of the amendments. The amendment is adopted under Texas Civil Statutes, Article 5221b, which provide the Texas Employment Commission with the authority to adopt, amend, or rescind rules as it deems necessary for the effective administration of this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 31, 1991. TRD-9109149 J. Ferris Duhon Legal Counsel Texas Employment Commission Effective date: August 21, 1991 Proposal publication date: June 25, 1991 For further information, please call: (512) 463-2291 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 on Aging Monday, August 12, 1991, 1 p.m. The Texas Department on Aging will meet at the Texas Department on Aging, 1949 South IH-35, Third Floor Conference Room, Austin. According to the complete agenda, the board will call the meeting to order; introduction of board members and guests; receive public testimony on all agenda items; election of board vice-chairman and secretary; discussion of appropriations and other legislation to include the proposed restructuring of state government and its effect upon the department, and the White House Conference on Aging; special board committees; and adjourn. Contact: Polly Sowell, P.O. Box 12786, Austin, Texas 78711, (512) 444-2727. Filed: August 2, 1991, 8:13 a.m. TRD-9109224 Thursday, August 22, 1991, 1:30 p.m. The Options for Independent Living Advisory Committee of the Texas Department on Aging will meet at 1949 Interstate Highway 35 South, Third Floor, Austin. According to the complete agenda, the committee will call the meeting to order; approve the February 28, 1991 meeting minutes; homemaker service capacity in rural areas; legislative update on options for independent living program; progress reports from projects: South Plains; Concho Valley; Tarrant County; Houston-Galveston; Central Texas; Harris County; Deep East Texas; Lower Rio Grande Valley; North Central Texas; and Panhandle; discuss new business; and adjourn. Contact: Linda Heath, P.O. Box 12786, Austin, Texas 78711, (512) 444-2727. Filed: August 5, 1991, 3:38 p.m. TRD-9109328 Texas Department of Agriculture Wednesday, August 7, 1991, 10 a.m. The Texas Agricultural Finance Authority of the Texas Department of Agriculture, Stephen F. Austin Building, Ninth Floor Conference Room, 1700 North Congress Avenue, Austin. According to the emergency revised agenda summary, the authority will meet in executive session to discuss Dick Waterfield, former Assistant Commissioner for Agricultural Finance for the Texas Department of Agriculture and David Luttrell, financial analyst, pursuant to Texas Civil Statutes Annotated, Article 6252-17, sec.2.(g). Contact: Mary Webb, Route 2, P.O. Box 144C, Cisco, Texas 76437, (817) 734-2853. Filed: August 5, 1991, 3:18 p.m. TRD-9109325 Monday, August 12, 1991, 2 p.m. The Lower Rio Grande Valley Pest Management Zone Advisory Committee of the Texas Department of Agriculture will meet at the Texas A&M Experiment Station and Extension Service Office, 2401 East Highway 83, Weslaco. According to the complete agenda, the committee will review and discuss the cotton industry perspective on cotton stalk destruction program; Texas A&M report on pest management update; presentation of cotton stalk destruction work plan; and discussion of other business. Contact: Darrell Williams, P.O. Box 12847, Austin, Texas 78711, (512) 463-7619. Filed: August 2, 1991, 3 p.m. TRD-9109260 Tuesday, August 13, 1991, 10 a.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture, Stephen F. Austin Building, 1700 North Congress Avenue, Ninth Floor Conference Room, Austin. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code Annotated sec.103. 001 et seq (Vernon) by Bray Farms and Produce Sales as petitioned by R. C. Valdez Produce. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: August 2, 1991, 3:01 p.m. TRD-9109262 Tuesday, August 13, 1991, 11 a.m. The Lower Coastal Bend Pest Management Zone Advisory Committee of the Texas Department of Agriculture will meet at the Texas A&M Experiment Station and Extension Service Office, Highway 44, Corpus Christi. According to the complete agenda, the committee will review and discuss cotton industry perspective on cotton stalk destruction program; Texas A&M report on pest management update; presentation of cotton stalk destruction work plan; and discussion of other business. Contact: Darrell Williams, P.O. Box 12847, Austin, Texas 78711, (512) 463-7619. Filed: August 2, 1991, 3:01 p.m. TRD-9109261 Tuesday, August 13, 1991, 11 a.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture, Stephen F. Austin Building, 1700 North Congress Avenue, Ninth Floor Conference Room, Austin. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code Annotated sec.103. 001 et seq (Vernon) by Bray Farms and Produce Sales as petitioned by Plantation Produce Co. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: August 2, 1991, 3:01 p.m. TRD-9109263 Tuesday, August 13, 1991, 1 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture, Stephen F. Austin Building, 1700 North Congress Avenue, Ninth Floor Conference Room, Austin. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code Annotated sec.103. 001 et seq (Vernon) by Bray Farms and Produce Sales as petitioned by Texas Citrus Exchange. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: August 2, 1991, 3:02 p.m. TRD-9109264 Tuesday, August 13, 1991, 2 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture, Stephen F. Austin Building, 1700 North Congress Avenue, Ninth Floor Conference Room, Austin. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code Annotated sec.103. 001 et seq (Vernon) by Bray Farms and Produce Sales as petitioned by Radco Farms and Growers Select. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: August 2, 1991, 3:02 p.m. TRD-9109265 Tuesday, August 13, 1991, 3 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture, Stephen F. Austin Building, 1700 North Congress Avenue, Ninth Floor Conference Room, Austin. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code Annotated sec.103. 001 et seq (Vernon) by Bray Farms and Produce Sales as petitioned by Rancho Vergeles, Inc. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: August 2, 1991, 3:03 p.m. TRD-9109267 Tuesday, August 13, 1991, 4 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture, Stephen F. Austin Building, 1700 North Congress Avenue, Ninth Floor Conference Room, Austin. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code Annotated sec.103. 001 et seq (Vernon) by Bray Farms and Produce Sales as petitioned by Frye Farms. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: August 2, 1991, 3:02 p.m. TRD-9109266 Thursday-Friday, August 15-16, 1991, 1 p.m. and 8 a.m. respectively. The Texas Grain Sorghum Producers Board of the Texas Department of Agriculture, will meet at the Dallas/Fort Worth Airport Marriott, 8440 Freeport Parkway, Irving. According to the agenda summary, the board will approve minutes; hear financial reports; 1991-1992 budget approval; research projects; promotion projects; water quality issues; sorghum in dairy rations; continued promotion and market development of steam flaked sorghum in dairy rations; and discuss other business. Contact: Jack Eberspacher, P.O. Box 560, Abernathy, Texas 79311-0560, (806) 298-2543. Filed: August 5, 1991, 3:08 p.m. TRD-9109324 Bond Review Board Tuesday, August 13, 1991, 10 a.m. The Staff of the Bond Review Board will meet at the State Capitol, Sergeant's Committee Room, Austin. According to the complete agenda, the staff will call the meeting to order; approval of minutes; consideration of proposed issues: Veterans Land Board refunding bonds, Series 1991; Texas Public Finance Authority general obligation bonds; discuss other business; and adjourn. Contact: Tom K. Pollard, 506 Sam Houston Building, Austin, Texas 78701, (512) 463-1741. Filed: August 5, 1991, 7:59 a.m. TRD-9109340 Tuesday, August 13, 1991, 2 p.m. The College Opportunity Act Committee of the Bond Review Board will hold an emergency meeting at the State Capitol, Sergeant's Committee Room, Austin. According to the complete agenda, the committee will call the meeting to order; approve minutes; discuss committee business: consideration of Veterans Land Board application for issuance of college savings bonds, Series 1991; other business; and adjourn. The emergency status is necessary to allow timely consideration of proposed college savings bond issue. Contact: Tom K. Pollard, 506 Sam Houston Building, 201 East 14th Street, Austin, Texas 78701, (512) 463-1741. Filed: August 6, 1991, 7:59 a.m. TRD-9109339 Texas Department of Commerce Tuesday, August 13, 1991, 9 a.m. The Board of Directors of the Texas Department of Commerce will meet at the First City Centre Building, 11th Floor Board Room, 816 Congress Avenue, Austin. According to the agenda summary, the board will meet in executive session (Vernon's Texas Civil Statutes, Article 6252-17, sec.2(e) and (g) to discuss pending and contemplated litigation and quasi-litigation matters in regard to United States Department of Labor Investigation and TRST Congress, Inc. lease and personnel matters; at 10 a.m. reconvene in open meeting to adopt minutes from July 9, 1991 board meeting; report from the Interim Executive Director; legislation update; review agency financial reports for the period ending June 30, 1991; authorization to a committee of the board of directors to transfer a Enterprise Project designation; approve expenditure for World Travel Trade Exhibit-$16,500; appointment of a special committee to approve negotiated contracts for foreign offices; report on JTPA; report on Indemnity Insurance; and adjourn. Contact: Mike Regan, 816 Congress Avenue, Suite 1100, Austin, Texas 78701, (512) 320-9611. Filed: August 5, 1991, 3:27 p.m. TRD-9109326 Texas Diabetes Council Monday, August 12, 1991, 8 a.m. The Texas Diabetes Council will meet at the Texas Department of Health, 1100 West 49th Street, Room G-107, Austin. According to the complete agenda, the council will approve minutes of previous meeting; consider and possibly act on report on emergency insulin and syringes program; report on Gonzales Community Health Center; report on fundoscopic camera; roles of council members; projected financial report; legislative appropriations bill update; annual grant sites meeting; new site for Centers for Disease Control funding; public relations report; and hear staff report. Contact: Charlene Laramey, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7534. Filed: August 1, 1991, 4:06 p.m. TRD-9109217 Texas Employment Commission Tuesday, August 13, 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; consideration and possible approval for additional amount to adequately fund the interior renovation in TEC Annex Building; consideration and possible approval of contract for exterior painting at Guadalupe Street local office in Austin; internal procedures of commission appeals; consideration and action on tax liability cases and higher level appeals in unemployment compensation cases listed on Commission Docket 33; and set date of next meeting. Contact: C. Ed Davis, 101 East 15th Street, Austin, Texas 78778, (512) 463-2291. Filed: August 5, 1991, 4:07 p.m. TRD-9109332 Fire Fighters Pension Commission Tuesday, August 13, 1991, 3 p.m. The Administration Division of the Fire Fighters Pension Commission will meet at 3910 South I-35, Suite 245, Austin. According to the agenda summary, the division (Senate Bill 411 Statewide Volunteer Fire Fighters Retirement Fund Board of Trustees) will meet, as prescribed by Article 6243.e3, Vernon's Texas Civil Statutes, for the purpose of interviewing and selecting actuarial services; and to discuss staff proposal of computer software purchase. Contact: Helen L. Campbell, 3910 South I-35, Suite 235, Austin, Texas 78704, (512) 462-0222. Filed: August 2, 1991, 11:48 a.m. TRD-9109237 Texas Department of Health Monday, August 12, 1991, 10 a.m. The Advisory Council on Massage Therapy, Massage Therapy Curriculum Committee of the Texas Department of Health will meet at the Texas Department of Health, 4200 North Lamar Boulevard, Conference Room, Austin. According to the complete agenda, the committee will discuss and act on curriculum for the internship program required by House Bill 2420, 72nd Legislature, Regular Session, 1991. Contact: Becky Berryhill, 1100 West 49th Street, Austin, Texas 78756-3199, (512) 459-2955. Filed: August 1, 1991, 4:06 p.m. TRD-9109216 Texas Housing Agency Friday, August 2, 1991, 4 p.m. The Audit Committee of the Texas Housing Agency met at the THA Conference Room, 811 Barton Springs Road, Suite 300, Austin. According to the emergency revised agenda summary, the committee will consider and possibly act on report from financial advisor; independent and state audit reports; Team Bank as temporary trustee; and discuss budget. The emergency status was necessary due to urgent public necessity to better manage and preserve state funds and property to provide safe, decent, and sanitary housing for Texans of low and moderate income. Contact: Mario Aguilar, P.O. Box 12941, Austin, Texas 78711, (512) 474-2974. Filed: August 2, 1991, 1:04 p.m. TRD-9109236 Saturday, August 3, 1991, 10 a.m. The Board of Directors' of the Texas Housing Agency met at the THA Conference Room, 811 Barton Springs Road, Suite 300, Austin. According to the agenda summary, the board will consider and possibly act on independent and state audit reports and resolution appointing Team Bank as temporary trustee for the multi-family housing bonds guaranteed by Mutual Benefit Life Insurance Company; meet in executive session pursuant to sec.2(e), Article 6252-17, Vernon's Texas Civil Statutes to consider pending or contemplated litigation, including Mutual Benefit Life Insurance and First Federal of Arkansas, 1983A-1983E FSLIC Bonds. The emergency status was necessary due to urgent public necessity to better manage and preserve state funds and property to provide safe, decent, and sanitary housing for Texans of low and moderate income. Contact: Mario Aguilar, P.O. Box 12941, Austin, Texas 78711, (512) 474-2974. Filed: August 2, 1991, 1:06 p.m. TRD-9109235 State Board of Insurance Wednesday, August 7, 1991, 1:30 p.m. The State Board of Insurance met at the William P. Hobby Building, 333 Guadalupe Street, Room 100, Austin. According to the complete emergency revised agenda, the board considered personnel action, namely, selection of a Deputy Commissioner I in the board administration program to act as an executive assistant to the three-member State Board of Insurance. The emergency status was necessary to provide immediate action to protect the public health and safety by providing adequate protection to implement recent legislation in time for September 1, 1991, and other upcoming effective dates for that legislation. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, (512) 463-6328. Filed: August 5, 1991, 3:37 p.m. TRD-9109327 Tuesday, August 13, 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 the application of Cynthia Ann Quisenberry doing business as Beneco, Bedford, for a Third Party Administrator's Certificate of Authority. Docket Number 11238. Contact: Lisa Lyons, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 1, 1991, 1:55 p.m. TRD-9109195 Tuesday, August 13, 1991, 10 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 the approval of an amendment to the Articles of Agreement of National Lloyds Insurance Company, Waco, changing the attorney-in-fact and substituting underwriters. Docket Number 11258 Contact: Earl Corbitt, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 1, 1991, 1:56 p.m. TRD-9109196 Wednesday, August 14, 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 Mary Kathleen Davis, Houston, who holds a Group I, Legal Reserve Life Insurance Agent's license and a Local Recording Agent's license. Docket Number 11245. Contact: James W. Norman, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 1, 1991, 1:56 p.m. TRD-9109197 Thursday, August 15, 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 Hilario Lopez, Jr. of Rio Hondo, who holds a Group I, Legal Reserve Life Insurance Agent's license, Group II Insurance Agent's license and a Local Recording Agent's license. Docket Number 11241. Contact: James W. Norman, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 1, 1991, 1:56 p.m. TRD-9109198 Friday, August 16, 1991, 10:30 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 the application for amendment to the Articles of Incorporation of Unified Life Insurance Company, Houston, changing the par value of common stock. Docket Number 11259. Contact: J. C. Thomas, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 1, 1991, 1:56 p.m. TRD-9109199 Texas State Library and Archives Commission Thursday, August 22, 1991, 2 p.m. The Records Management and Preservation Advisory Committee of the Texas State Library and Archives Commission will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 5-103, Austin. According to the complete agenda, the committee will approve minutes of May 23, 1991 meeting; discuss RMPAC structure; review legislative proposals concerning records management; discussion of automated records management system-Bill Dyess; optical data storage rules development-Jim Templeton and Bill Dyess; report of the status of retention schedule submissions-Steve Adams; other business brought before the committee; and roster of members and supporters. Contact: Nick Schuessler, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9149. Filed: August 5, 1991, 10:58 a.m. TRD-9109310 Texas Department of Licensing and Regulation Friday, August 16, 1991, 10:30 a.m. The Business and Occupational Programs, Tow Truck of the Texas Department of Licensing and Regulation will meet at 920 Colorado Street, E. O. Thompson Building, Eighth Floor Conference Room, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the respondent's license for Abdaly Auto Sales, Custodio Hernandez for violation of Statutes, Articles 6687-9b and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78711, (512) 475-2899. Filed: August 6, 1991, 8:26 a.m. TRD-9109341 Texas Department of Mental Health and Mental Retardation Thursday, August 8, 1991, 11:30 a.m. The Board Business and Asset Management Committee of the Texas Department of Mental Health and Mental Retardation met at the TXMHMR Central Office, 909 West 45th Street, Auditorium, Austin. According to the complete emergency revised agenda, the committee reviewed and discussed allocation of FY 1992 federal funds for Projects for Assistance in Transition for Homeless (PATH); consideration of a grazing lease at the Mexia State School; consideration of a permanent easement to the San Antonio River Authority on property at the San Antonio State Hospital; consideration of items related to the West 38th Street planned unit development lease; and FY 1992 operating budget. The emergency status was necessary as an appropriations bill had not been passed by the legislature. This was the last board meeting before the beginning of the fiscaal year and the board must approve the operating budget before the beginning of the fiscal year in order to give the department authority to continue spending money. Contact: Dennis R. Jones, 909 West 45th Street, Austin, Texas 78756, (512) 465-4506. Filed: August 6, 1991, 9:27 a.m. TRD-9109345 Thursday, August 8, 1991, noon. The Board of the Texas Department of Mental Health and Mental Retardation met at the TXMHMR Central Office, 909 West 45th Street, Auditorium, Austin. According to the emergency revised agenda summary, the board called the meeting to order; heard citizens' comments (limited to three minutes); and discussed issues. The emergency status was necessary as an appropriations bill had not been passed by the legislature. This was the last board meeting before the beginning of the fiscal year and the board must approve the operating budget before the beginning of the fiscal year in order to give the department authority to continue spending money. Contact: Dennis R. Jones, 909 West 45th Street, Austin, Texas 78756, (512) 465-4506. Filed: August 6, 1991, 9:24 a.m. TRD-9109344 Texas State Board of Pharmacy Tuesday-Wednesday, August 27-28, 1991, 9 a.m. (rescheduled from August 6-7, 1991). The Texas State Board of Pharmacy will meet at the Embassy Suites Hotel North, 5901 IH-35 North, Austin. According to the agenda summary, the board will consider approval of June 11 and 12, 1991 disciplinary hearings minutes; rules for final adoption: sec.sec.281.9, 291.53, 291.73, 291.74, 291.75, 291.76, and 291.93; proposed rules sec.sec.291.91 and 291.93; hear update on special session legislation; status of FY 1992 budget, and goals and objectives; review for approval professional service contracts; discuss appointment for Optometry Board's Technical Advisory Committee; hear reports on TPA's annual meeting, matters regarding publication of disciplinary actions in newsletter, discuss policy regarding absence of R.Ph. in hospitals with over 100 beds, and requirements for the limit of small hospitals a R.Ph. may be PIC; review for approval ACPE accredited programs, and Texas colleges of pharmacy internship programs; consider petition for preceptor certification of Gregory N. Adams, R. Ph.; elect FY 1992 officers; consider proposed agreed board orders; and meet in executive session to discuss pending litigation in the matter of Lawrence O. Chikezie and E-Z Pharmacy versus Texas State Board of Pharmacy, and discuss personnel matters relating to the Texas Performance Review and pending legislation. Contact: Fred S. Brinkley, R.Ph., 8505 Cross Park Drive, #110, Austin, Texas 78754-4594, (512) 832-0661. Filed: August 1, 1991, 4:03 p.m. TRD-9109215 Polygraph Examiners Board Saturday, August 17, 1991, 10 a.m. The Polygraph Examiners Board will meet at the Holiday Inn, 6911 North IH-35, Austin. According to the complete agenda, the board will consider rule changes and adoption of new rules defining competent polygraph examinations; 12 p.m.-1 p.m. recess; continue with rule making; and adjournment upon completion of rule making. Contact: Bryan M. Perot, P.O. Box 4087, Austin, Texas 78773, (512) 465-2058. Filed: August 1, 1991, 10:27 a.m. TRD-9109176 Public Utility Commission of Texas Thursday, August 14, 1991, 9 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a prehearing conference in Docket Number 9864-application of Southwestern Bell Telephone Company to amend the boundary between its Houston Metropolitan Exchange-Seabrook Zone and GTE Southwest, Inc.'s Kemah exchange. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 2, 1991, 3:31 p.m. TRD-9109277 Thursday, August 29, 1991, 10 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a prehearing conference in Docket Number 10101-application of Magic Valley Electric Cooperative, Inc. for a certificate of convenience and necessity for a transmission line within Cameron County. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 2, 1991, 3:32 p.m. TRD-9109279 Monday, October 21, 1991, 10 a.m. The Hearings Division of the Public Utility Commission of Texas will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the complete agenda, the division will hold a hearing on the merits in Docket Number 10169-application of GTE Southwest, Inc. to revise tariff to restructure the existing rates for private page service and establish a rate for digital display private page service. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 2, 1991, 3:32 p.m. TRD-9109278 Texas Racing Commission Monday, August 12, 1991, 10:30 a.m. The Texas Racing Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will call the meeting to order; take roll call; presentations by Sue Baittie, D.V.M. and Dr. Mike Heron; consideration of and votes on: horse and greyhound rulemaking; proposal for decision and exemptions on: Number 91-01-03, denial of Pedro Hernandez; proposal for decision on: Number 90-R1-0030, Harris County Class 1 track, Number 91-R3-09, request for charity race dates by Corpus Christi Greyhound Racing Association, Number 91-R3-22, request for exemption on Gulf Greyhound Partners, Limited; meet in executive session pursuant to 6.03(b), Texas Racing Act; Vernon's Texas Civil Statutes, Article 179e, to consider Trinity Meadows concession agreement; vote on agreement in open session; discuss old business; new business; and adjourn. Contact: Paula Cochran Carter, P.O. Box 12080, Austin, Texas 78759, (512) 794-8461. Filed: August 2, 1991, 3:47 p.m. TRD-9109282 Texas Low-Level Radioactive Waste Disposal Authority Wednesday, August 14, 1991, 6:30 p.m. The Workshop of the Board of Directors of the Texas Low-Level Radioactive Waste Disposal Authority will meet at the Doubletree Hotel, 2001 Post Oak Boulevard, Houston. According to the agenda summary, the board will discuss the site screening program in Hudspeth County; and site evaluation work in Hudspeth County. Contact: L. R. Jacobi, Jr., P.E., 7701 North Lamar Boulevard, Suite 300, Austin, Texas 78752, (512) 451-5292. Filed: August 5, 1991, 9:50 a.m. TRD-9109304 Thursday, August 15, 1991, 8 a.m. The Budget Committee of the Board of Directors of the Texas Low-Level Radioactive Waste Disposal Authority will meet at the Doubletree Hotel, Post Oak Boulevard, Houston. According to the complete agenda, the committee will call the meeting to order; discuss operating budget for FY 1992; and adjourn. Contact: L. R. Jacobi, Jr., P.E., 7701 North Lamar Boulevard, Suite 300, Austin, Texas 78752, (512) 451-5292. Filed: August 5, 1991, 9:51 a.m. TRD-9109306 Thursday, August 15, 1991, 9:30 a.m. The Board of Directors of the Texas Low-Level Radioactive Waste Disposal Authority will meet at the Doubletree Hotel, 2001 Post Oak Boulevard, Houston. According to the agenda summary, the board will introduce two new board members; approval of minutes of previous meetings; hear report of the budget committee; general manager's report, including the year-to-date financial report; status of agency's appropriations request and operating budget; status of current legislation affecting the agency; report on site screening and evaluation workplan for Hudspeth County; consider adoption of revised board policy code; approval for rulemaking, including the update of board rules and planning and implementation fee; commendations for past board members; election of new board officers and committee appointments; selection of sites in Hudspeth County; and the approval of a site evaluation workplan and contracts; and public comments will be heard before adjournment. Contact: L. R. Jacobi, Jr., P.E., 7701 North Lamar Boulevard, Suite 300, Austin, Texas 78752, (512) 451-5292. Filed: August 5, 1991, 9:51 a.m. TRD-9109305 Railroad Commission of Texas Wednesday, August 14, 1991, 9 a.m. The Railroad Commission of Texas will meet at the William B. Travis Building, 1701 North Congress Avenue, 12th Floor, Executive Conference Room, Austin. According to the complete agenda, the commission will meet with its staff to discuss matters regarding changes in commission procedures and rules necessary to implement Senate Bill 1103; salvage of oil field equipment; and increasing efficiency of enforcement and state-funded plugging programs. Contact: Jamie Nielson, P.O. Box 12967, Austin, Texas 78711-2967, (512) 463-6864. Filed: August 6, 1991, 9:40 a.m. TRD-9109346 Center for Rural Health Initiatives Tuesday, August 13, 1991, 10 a.m. The Outstanding Rural Scholar Advisory Committee of the Center for Rural Health Initiatives will meet at 211 East Seventh Street, Seventh Floor Conference Room, Austin. According to the complete agenda, the committee will determine organization of the advisory committee: operations/rules, terms of office, election of officers; program update; review of program rules/recommendations for executive committee; 1991-1992 program plans/applications; proposed timeline, and application form. Contact: Bryan P. Sperry, 211 East Seventh Street, #915, Austin, Texas 78701, (512) 479-8891. Filed: August 2, 1991, 7:58 a.m. TRD-9109223 School Land Board Tuesday, August 6, 1991, 10 a.m. The School Land Board met at the Stephen F. Austin Building, General Land Office, 1700 North Congress Avenue, Room 831, Austin. According to the emergency revised agenda summary, the board may have approved the minutes of the previous board meeting; and considered application for lease suspension, Wildcat Field, Kleberg County. The emergency status was necessary due to expiration of terms of lease. Contact: Linda K. Fisher, 1700 North Congress Avenue, Room 836, Austin, Texas 78701, (512) 463-5016. Filed: August 1, 1991, 4:19 p.m. TRD-9109218 State Securities Board Monday, August 26, 1991, 10 a.m. (rescheduled from August 5, 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 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 Company, Inc. and David A. Beck and prohibiting HLS Energy Company, Inc., David A. Beck and Southard Securities Corporation from acting as dealers in securities. Contact: John Morgan, 1800 San Jacinto Street, Austin, Texas 78701, (512) 474-2233. Filed: August 2, 1991, 3:49 p.m. TRD-9109283 Structural Pest Control Board Thursday, August 9, 1991, 10 a.m. The Technician Training and Testing Committee of the Structural Pest Control Board will meet at 9101 Burnet Road, Suite 201, Austin. According to the complete agenda, the committee will discuss proposed regulations on technician training requirements and noncommercial applicators. Contact: Benny M. Mathis, 9101 Burnet Road, Austin, Texas 78758, (512) 835-4066. Filed: August 1, 1991, 1:59 p.m. TRD-9109204 Monday, August 12, 1991, 10 a.m. The Committee to Develop A Consumer Information Sheet and Posting Requirements of the Structural Pest Control Board will meet at 9101 Burnet Road, Suite 201, Austin. According to the complete agenda, the committee will discuss proposed regulations on development of information for consumer information sheets and posting requirements. Contact: Benny M. Mathis, 9101 Burnet Road, Austin, Texas 78758, (512) 835-4066. Filed: August 1, 1991, 1:59 p.m. TRD-9109203 Teacher Retirement System of Texas Sunday, August 11, 1991, 5 p.m. The Board of Trustees of the Teacher Retirement System of Texas will meet at the Four Seasons Hotel, 98 San Jacinto Boulevard, Austin. According to the complete agenda, the board will meet in executive session to discuss the employment of the chief investment officer, and to interview a candidate for the position. Contact: Mary Godzik, 1000 Red River Street, Austin, Texas 78701-2698, (512) 397-6400. Filed: August 2, 1991, 2:42 p.m. TRD-9109257 Monday, August 12, 1991, 8:30 a.m. The Board of Trustees of the Teacher Retirement System of Texas will meet at 1000 Red River Street, Fifth Floor Board Room, Austin. According to the agenda summary, the board will consider special resolution; consideration of TRS operating budget for fiscal year ending August 31, 1992; appointment of committee to nominate officers of the board; appointment of officers for investment advisory committee; consideration of resolution on designation of partner for nominee name partnership; certification of estimate of group health insurance state contributions for the fiscal year ending August 31, 1992; proposed legislation affecting TRS; meet in executive session to discuss the employment of the chief investment officer and to interview a candidate for the position; and consideration of employment of chief investment officer and related staffing and budget matters. Contact: Mary Godzik, 1000 Red River Street, Austin, Texas 78701-2698, (512) 397-6400. Filed: August 2, 1991, 3:27 p.m. TRD-9109276 Texas Woman's University Board of Regents Wednesday, August 14, 1991, 9 a.m. The Committee on Institutional Advancement of the Texas Woman's University Board of Regents will meet at Texas Woman's University, 14th Floor, Administration and Conference Tower, Denton. According to the complete agenda, the committee will consider the approval of the minutes of the June 5, 1991, meeting; consider a status report on the annual fund; consider a report on alumnae relations, development and public information activities of the Office of Institutional Advancement; and hear a report of the committee chair. Contact: Shirley Chater, Texas Woman's University, Denton, Texas 76204, (817) 898-3201. Filed: August 5, 1991, 9:01 a.m. TRD-9109291 Wednesday, August 14, 1991, 9:30 a.m. The Student Affairs Committee of the Texas Woman's University Board of Regents will meet at Texas Woman's University, 14th Floor, Administration and Conference Tower, Denton. According to the complete agenda, the committee will consider the approval of the minutes of the June 5, 1991, meeting; consider a report on the student center renovation; consider a report on employment of staff for disabled student services and intercultural services; report on the human relations program calendar; report on the Houston Food Service contract; and report of the committee chair. Contact: Shirley Chater, Texas Woman's University, Denton, Texas 76204, (817) 898-3201. Filed: August 5, 1991, 9:01 a.m. TRD-9109292 Wednesday, August 14, 1991, 9:40 a.m. The Academic Affairs Committee of Texas Woman's University Board of Regents will meet at Texas Woman's University, 14th Floor, Administration and Conference Tower, Denton. According to the complete agenda, the committee will consider the approval of the minutes of the June 5, 1991, meeting; consider recommending approval of the small class report; consider recommending approval of the TWU Athletic Program Policy; and hear a report of the committee chair. Contact: Shirley Chater, Texas Woman's University, Denton, Texas 76204, (817) 898-3201. Filed: August 5, 1991, 9:02 a.m. TRD-9109293 Wednesday, August 14, 1991, 10:30 a.m. The Finance Committee of the Texas Woman's University Board of Regents will meet at Texas Woman's University, 14th Floor, Administration and Conference Tower, Denton. According to the complete agenda, the committee will consider the approval of the June 5, 1991 meeting minutes; consider recommending the approval of personnel additions and changes; acceptance of gifts and grants; approval of agreements and contracts; acceptance of allocations of federal funds; approval of the renewal and extension of insurance; approval of the sale of surplus University property; approval of a certificate of substantial completion of the recreation room remodeling at Hufford Hall (Architect's Project Number 91-5); approval of fiscal 1992 operating budget; and report of the committee chair. Contact: Shirley Chater, Texas Woman's University, Denton, Texas 76204, (817) 898-3201. Filed: August 5, 1991, 9:02 a.m. TRD-9109294 Wednesday, August 14, 1991, 1:30 p.m. The Board of Regents of Texas Woman's University will meet at Texas Woman's University, 16th Floor, Administration and Conference Tower, Denton. According to the complete agenda, the board will consider the approval of the minutes of the June 5, 1991 meeting; small class report; TWU Athletic Program Policy; personnel additions and changes; gifts and grants; agreements and contracts; allocations of federal funds; the schedule of renewal and extension of insurance; sale of surplus university property; a certificate of substantial completion of the recreation room remodeling at Hufford Hall (Architect's Project Number 91-5); fiscal 1992 operating budget; and reports of the committee chairs. Contact: Shirley Chater, Texas Woman's University, Denton, Texas 76204, (817) 898-3201. Filed: August 5, 1991, 9:04 a.m. TRD-9109295 University of Texas Health Science Center at San Antonio Wednesday, August 14, 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, Room 5.070LIB, 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, (512) 567-3717. Filed: August 5, 1991, 11:07 a.m. TRD-9109311 University of Texas System Thursday, August 8, 1991, 10 a.m. The Board of Regents and Standing Committees of the University of Texas System met at the Regents' Meeting Room, Ninth Floor, Ashbel Smith Hall, 201 West Seventh Street, Austin. According to the agenda summary, the board will consider amendments to RRR; Chancellor's Docket (submitted by system administration); trust foundation matters; appointments to endowed academic positions; discuss student fees and rates; UTPB-undergraduate admissions; medical and dental self-insured plan; degree programs; agreements; HMO contracts; buildings and grounds matters including approval for projects, preliminary and final project plans; approval of financing arrangements and award of contracts; land and investment matters; acceptance of gifts, bequests and estates; establishment of endowed positions and funds; real estate and intellectual property matters; potential litigation, and other matters. Contact: Arthur H. Dilly, P.O. Box N, U. T. Station, Austin, Texas 78713-7328, (512) 499-4402. Filed: August 2, 1991, 1:20 p.m. TRD-9109238 Texas Water Commission Wednesday, August 14, 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 revised 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: August 1, 1991, 4:27 p.m. TRD-9109219 Wednesday, August 14, 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 revised 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: August 5, 1991, 5:02 p.m. TRD-9109337 Friday, August 16, 1991, 10:30 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 123, Austin. According to the agenda summary, the commission will consider the executive director's report on agency administration, policy, budget procedures, and personnel matters. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: August 5, 1991, 5 p.m. TRD-9109333 Tuesday, September 3, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 1149A, Austin. According to the agenda summary, the commission will hold a hearing on an amendment to increase the service area authorized under Certificate of Convenience and Necessity Number 11029 by Creedmoor-Maha Water Supply Corporation. Creedmoor-Maha Water Supply Corporation's also proposes decertificaation of portions of GoForth Water Supply Corporation's Certificate of Convenience and Necessity Number 11356 and Polonia Water Supply Corporation's Certificate of Convenience and Necessity Number 10420. The amendment would authorize the provision of water utility service in portions of Travis, Hays, Caldwell and Bastrop Counties, Docket Number 8871-C. Contact: Sally C. Colbert, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 1, 1991, 4:28 p.m. TRD-9109220 Thursday, September 5, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 618, Austin. According to the agenda summary, the commission will hold a hearing on an appeal filed by Blackland Water Company on the City of Bynum's city council decision on Blackland Water Company's rate increase for customers residing inside the city limits of the City of Bynum. Docket Number 9051-A. Contact: Leslie Limes, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 1, 1991, 4:28 p.m. TRD-9109221 Tuesday, September 3, 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 Dog Ridge Water Supply Corporation's application to transfer Water Certificate of Convenience and Necessity (CCN) Number 11380 from J & R Water Supply Corporation to Dog Ridge for water utility service in the Sherwood Shores Subdivision located approximately one mile west and southwest of downtown Belton on U.S. Highway 190, in Bell County. Docket Number 8584-S. Contact: William Clay Harris, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 1, 1991, 4:28 p.m. TRD-9109222 Monday, September 9, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 512, Austin. According to the agenda summary, the commission will hold a hearing on a rate increase of Lipan Water Works, Inc., Docket Number 9163-G. Contact: Heidi Jackson, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 5, 1991, 5:01 p.m. TRD-9109336 Wednesday, September 11, 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 an application by Harris County Municipal Utility District Number 191 for adoption of standby fees. Contact: Gloria A. Vasquez, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: August 5, 1991, 5 p.m. TRD-9109334 Wednesday, September 11, 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 an application by Meadows at Chandler Creek Municipal Utility District of Williamson County for adoption of standby fees. Contact: Gloria A. Vasquez, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: August 5, 1991, 5:01 p.m. TRD-9109335 Regional Meetings Meetings Filed August 1, 1991 The Austin-Travis County Mental Health and Mental Retardation Center Finance and Control Committee met at 1430 Collier Street, Austin, August 6, 1991, at 5:30 p.m. Information may be obtained from Sharon Taylor, 1430 Collier Street, Austin, Texas 78704, (512) 447-4141. TRD-9109184. The Austin-Travis County Mental Health and Mental Retardation Center Finance and Control Committee will meet at 1430 Collier Street, Austin, August 14, 1991, at noon. Information may be obtained from Sharon Taylor, 1430 Collier Street, Austin, Texas 78704, (512) 447-4141. TRD-9109187. The Bosque Central Appraisal District Appraisal Review Board will meet at the Bosque Central Appraisal District Office, 104 West Morgan Street, Meridian, August 9, 1991, at 9 a.m. Information may be obtained from Billye L. McGehee, P.O. Box 393, Meridian, Texas 76665, (817) 435-2304. TRD-9109201. The Brazos Valley Development Council Executive Committee met at 3006 East 29th Street, Suite Two, Bryan, August 8, 1991, at 1:30 p.m. Information may be obtained from Glenn J. Cook, P.O. Drawer 4123, Bryan, Texas 77805, (409) 776-2277. TRD-9109202. The Dallas Central Appraisal District Board of Directors met at 2949 North Stemmons Freeway, Dallas, August 7, 1991, at 7:30 a.m. Information may be obtained from Rick L. Kuehler, 2949 North Stemmons Freeway, Dallas, Texas 75247, (214) 631-0520. TRD-9109194. The Dallas Central Appraisal District Appraisal Review Board will meet at 2949 North Stemmons Freeway, Dallas, August 22, 1991, at 10 a.m. Information may be obtained from Rick L. Kuehler, 2949 North Stemmons Freeway, Dallas, Texas 75247, (214) 631-0520. TRD-9109193. The High Plains Underground Water Conservation District Number One Board of Directors' will meet at 2930 Avenue Q, Conference Room, Lubbock, August 13, 1991, at 10 a.m. Information may be obtained from A. Wayne Wyatt, 2930 Avenue Q, Lubbock, Texas 79405, (806) 762-0181. TRD-9109183. The Hunt County Appraisal District Board of Directors met at the Hunt County Appraisal District, Board Room, 4801 King Street, Greenville, August 8, 1991, at 6 p.m. Information may be obtained from Shirley Smith, P.O. Box 1339, Greenville, Texas 75401, (214) 454-3510. TRD-9109205. The Jasper County Appraisal District Appraisal Review Board will meet at the Jasper County Appraisal District Office, 137 North Main Street, Jasper, August 8 and August 15, 1991, at 9 a.m. Information may be obtained from David W. Luther, P.O. Box 1300, Jasper, Texas 759511, (409) 384-2544. TRD-9109189. The Sabine Valley Center Personnel Committee will meet at the Administration Building, 107 Woodbine Place, Bramlette Lane, Longview, August 12, 1991, at 5:30 p.m. Information may be obtained from Mack O. Blackwell, P.O. Box 6800, Longview, Texas 75608, (903) 758-2471. TRD-9109211. The Sabine Valley Center Finance Committee will meet at the Administration Building, 107 Woodbine Place, Bramlette Lane, Longview, August 12, 1991, at 6 p.m. Information may be obtained from Mack O. Blackwell, P.O. Box 6800, Longview, Texas 75608, (903) 758-2471. TRD-9109209. The Sabine Valley Center Executive Committee will meet at the Administration Building, 107 Woodbine Place, Bramlette Lane, Longview, August 12, 1991, at 6 p.m. Information may be obtained from Mack O. Blackwell, P.O. Box 6800, Longview, Texas 75608, (903) 758-2471. TRD-9109210. The Sabine Valley Center Care and Treatment Committee will meet at the Administration Building, 107 Woodbine Place, Bramlette Lane, Longview, August 12, 1991, at 6:10 p.m. Information may be obtained from Mack O. Blackwell, P.O. Box 6800, Longview, Texas 75608, (903) 758-2471. TRD-9109212. The Sabine Valley Center Board of Trustees will meet at the Administration Building, 107 Woodbine Place, Bramlette Lane, Longview, August 12, 1991, at 7 p.m. Information may be obtained from Mack O. Blackwell, P.O. Box 6800, Longview, Texas 75608, (903) 758-2471. TRD-9109213. Meetings Filed August 2, 1991 The Archer County Appraisal District met at the Appraisal District Office, 211 South Center Street, Archer City, August 7, 1991, at 5 p.m. Information may be obtained from Edward Trigg, III, P.O. Box 1141, Archer City, Texas 76351, (817) 574-2172. TRD-9109241. The Archer County Appraisal District Board of Directors met at the Appraisal District Office, 211 South Center Street, Archer City, August 7, 1991, at 5:30 p.m. Information may be obtained from Edward Trigg, III, P.O. Box 1141, Archer City, Texas 76351, (817) 574-2172. TRD-9109243. The Austin-Travis County Mental Health and Mental Retardation Center met at 1430 Collier Street, Board Room, Austin, August 6, 1991, at 6 p.m. (revised agenda). Information may be obtained from Sharon Taylor, P.O. Box 3548, Austin, Texas 78764, (512) 447-4141. TRD-9109284. The Austin-Travis County Mental Health and Mental Retardation Center Executive Committee met at 1430 Collier Street, Board Room, Austin, August 8, 1991, at 7 a.m. Information may be obtained from Sharon Taylor, P.O. Box 3548, Austin, Texas 78764, (512) 447-4141. TRD-9109242. The Austin-Travis County Mental Health and Mental Retardation Center Board of Trustees met at 1430 Collier Street, Board Room, Austin, August 8, 1991, at 7 a.m. Information may be obtained from Sharon Taylor, P.O. Box 3548, Austin, Texas 78764, (512) 447-4141. TRD-9109244. The Barton Springs/Edwards Aquifer Conservation District Board of Directors met at 1124 A Regal Row, Austin, August 8, 1991, at 5 p.m. Information may be obtained from Bill E. Couch, 1124 A Regal Row, Austin, Texas 78748, (512) 282-8441. TRD-9109259. The Dallas Area Rapid Transit Ethics Policy Review Ad Hoc Committee met at the DART Office, 601 Pacific Avenue, Executive Conference Room, Dallas, August 6, 1991, at 11 a.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9109225. The Dallas Area Rapid Transit Planning and Development Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, August 6, 1991, at 3 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9109227. The Dallas Area Rapid Transit CBD Transit Master Plan Subcommittee met at the DART Office, 601 Pacific Avenue, Board Conference Room, Dallas, August 8, 1991, at noon. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9109226. The Education Service Center, Region II Board of Directors will meet at Joe Cotten's Bar-B-Que, Highway 77, Robstown, August 15, 1991, at 6 p.m. Information may be obtained from Geraldine Reeves, 209 North Water, Corpus Christi, Texas 78401, (512) 883-9288. TRD-9109247. The Education Service Center, Region II Board of Directors, Regional Advisory Committee will meet at Joe Cotten's Bar-B-Que, Highway 77, Robstown, August 15, 1991, at 6:45 p.m. Information may be obtained from Geraldine Reeves, 209 North Water, Corpus Christi, Texas 78401, (512) 883-9288. TRD-9109248. The Gonzales County Appraisal District Board of Directors met at 928 St. Paul Street, Gonzales, August 8, 1991, at 5 p.m. Information may be obtained from Glenda Strackbein, P.O. Box 867, Gonzales, Texas 78629, (512) 672-2879. TRD-9109287. The Hays County Appraisal District Board of Directors met at 632 A East Hopkins Street, Municipal Building, San Marcos, August 8, 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. TRD-9109232. The Hays County Appraisal District Board of Directors met at 632 A East Hopkins Street, Municipal Building, San Marcos, August 8, 1991, at 4 p.m. Information may be obtained from Lynnell Sedlar, 632 A East Hopkins Street, San Marcos, Texas 78666, (512) 754-7400. TRD-9109233. The Kaufman County Education District Board of Trustees will meet at 3950 South Houston Street, Kaufman, August 15, 1991, at 7:30 p.m. Information may be obtained from Carolyn Harrison, P.O. Box 819, Kaufman, Texas 75142, (214) 932-6081. TRD-9109255. The Lamb County Education District Board of Trustees will meet at 1500 East Delano, Littlefield, August 14, 1991, at 8 p.m. Information may be obtained from Jerry Blakely, 1500 East Delano, Littlefield, Texas 79339, (806) 385-3844. TRD-9109234. The Sabine Valley Center Board of Trustees will meet at the Administration Building, 107 Woodbine Place, Bramlette Lane, Longview, August 12, 1991, at 7 p.m. (revised agenda). Information may be obtained from Mack O. Blackwell, P.O. Box 6800, Longview, Texas 75608, (903) 758-2471. TRD-9109230. The Upshur County Appraisal District Board of Directors will meet at the Upshur County Appraisal District Office, Warren and Trinity Street, Gilmer, August 12, 1991, at 1 p.m. Information may be obtained from Louise Stracener, P.O. Box 280, Gilmer, Texas 75644, (903) 843-3041. TRD-91092311. Meetings Filed August 5, 1991 The Brazos Valley Development Council Executive Committee held an emergency meeting at 3006 East 29th Street, Suite Two, Bryan, August 8, 1991, at 1:30 p.m. (revised agenda). The emergency status was necessary as immediate action was required for review of Burleson County Industrial Foundation application. Information may be obtained from Glenn J. Cook, P.O. Drawer 4128, Bryan, Texas 77805, (409) 776-2277. TRD-9109330. The Brown County Appraisal District Board of Directors will meet at 403 Fisk, Brownwood, August 12, 1991, at 7 p.m. Information may be obtained from Linda Meeks, 403 Fisk Avenue, Brownwood, Texas 76801, (915) 643-5676. TRD-9109309. The Central Appraisal District of Johnson County Appraisal Review Board met at 109 North Main Street, Suite 201, Room 202, Cleburne, August 8, 1991, at 9 a.m. Information may be obtained from Jim Hudspeth, 109 North Main Street, Cleburne, Texas 76031, (817) 645-3986. TRD-9109298. The Central Appraisal District of Johnson County Appraisal Review Board will meet at 109 North Main Street, Suite 201, Room 202, Cleburne, August 15-16, 1991, at 9 a.m. Information may be obtained from Jim Hudspeth, 109 North Main Street, Cleburne, Texas 76031, (817) 645-3986. TRD-9109299. The Denton Central Appraisal District Appraisal Review Board will meet at 3911 Morse Street, Denton, August 21, 1991, at 9 a.m. Information may be obtained from John D. Brown, 3911 Morse Street, Denton, Texas 76205, (817) 566-0904. TRD-9109320. The Denton Central Appraisal District Board of Directors will meet at 3911 Morse Street, Denton, August 22, 1991, at 4 p.m. Information may be obtained from John D. Brown, 3911 Morse Street, Denton, Texas 76205, (817) 566-0904. TRD-9109319. The Erath County Appraisal District Board of Directors will meet at 1390 Harbin Drive, Board Room, Stephenville, August 12, 1991, at 4:30 p.m. Information may be obtained from Trecia Perales, 1390 Harbin Drive, Stephenville, Texas 76401, (817) 965-5434. TRD-9109297. The Gray County Appraisal District Board of Directors met at 815 North Sumner, Pampa, August 8, 1991, at 5 p.m. Information may be obtained from W. Pat Bagley, P.O. Box 836, Pampa, Texas 79066-0836, (806) 665-1791. TRD-9109331. The Grayson Appraisal District Board of Directors will meet at 205 North Travis Street, Sherman, August 21, 1991, at 7:15 a.m. Information may be obtained from Deborah Reneau, 205 North Travis Street, Sherman, Texas 75090, (903) 893-9673. TRD-9109321. The Grayson Appraisal District Appraisal Review Board will meet at 205 North Travis Street, Sherman, August 20, 1991, at 9 a.m. Information may be obtained from Deborah Reneau, 205 North Travis Street, Sherman, Texas 75090, (903) 893-9673. TRD-9109296. The Jones County Appraisal District Board of Directors will meet at the District's Office, 1137 East Court Plaza, Anson, August 15, 1991, at 8:30 a.m. Information may be obtained from John Steele, 1137 East Court Plaza, Anson, Texas 79501, (915) 823-2422. TRD-9109301. The Nortex Regional Planning District Executive Committee will meet at the Wichita Falls Activities Center, Room 214, 10th and Indiana Streets, Wichita Falls, August 15, 1991, at noon. Information may be obtained from Dennis Wilde, 2101 Kemp Boulevard, Wichita Falls, Texas 76309, (817) 322-5281. TRD-9109322. The Nortex Regional Planning District North Texas State Planning Region Consortium will meet at the Wichita Falls Activities Center, Room 214, 10th and Indiana Streets, Wichita Falls, August 15, 1991, at 12:15 p.m. Information may be obtained from Fritz Taylor, P.O. Box 5144, Wichita Falls, Texas 76207, (817) 322-5291. TRD-9109323. The North Texas Municipal Water District Board of Directors will meet at the Administrative Offices, 505 East Brown Street, Wylie, August 22, 1991, at 4 p.m. Information may be obtained from Carl W. Riehn, P.O. Box 2408, Wylie, Texas 75098, (214) 442-5405. TRD-9109318. The Region III Education Service Center Board of Directors will meet at 1905 Leary Lane, Victoria, August 12, 1991, at 1:30 p.m. Information may be obtained from Julius D. Cano, 1905 Leary Lane, Victoria, Texas 77901, (512) 573-0731. TRD-9109338. The Swisher County Appraisal District Board of Directors will meet at 130 North Armstrong Street, Tulia, August 15, 1991, at 7 p.m. Information may be obtained from Rose Lee Powell, P.O. Box 8, Tulia, Texas 79088, (806) 995-4118. TRD-9109300. Meetings Filed August 6, 1991 The Cass County Appraisal District Board of Directors will meet at the Cass County Appraisal District Office, 502 North Main Street, Linden, August 12, 1991, at 7 p.m. Information may be obtained from Janelle Clements, P.O. Box 1150, Linden, Texas 75563, (903) 756-7545. TRD-9109343. The Comal Appraisal District Board of Directors will meet at 430 West Mill Street, New Braunfels, August 12, 1991, at 7 p.m. Information may be obtained from Lynn E. Rodgers, P.O. Box 311222, New Braunfels, Texas 78131-1222, (512) 625-8597. TRD-9109342. ISSUE OFAugust 9, 1991" In Addition The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Air Control Board Extension of Deadline for Written Comments In the July 5, 1991, issue of the Texas Register (16 TexReg 3793), the Texas Air Control Board (TACB) published a notice of public hearing on proposed rule amendments to be held July 31, 1991. The purpose of the hearing was to receive testimony on a proposed new section in the TACB General Rules. The deadline of August 1, 1991, for receipt of written comments has been extended to August 15, 1991. All comments at the hearing, as well as written comments received by 4 p.m. on August 1991, at the TACB central office in Austin, will be considered by the board prior to any final decision on the proposed new section. Copies of the proposal are available at the central office of the TACB located at 12124 Park 35 Circle, Austin, Texas 78753, and at all regional offices of the agency. For additional information, call Barry Irwin at (512) 908-1461. Issued in Austin, Texas on August 1, 1991. TRD-9109285 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Filed: August 2, 1991 For further information, please call: (512) 908-1770 Notice of Contested Hearing Number 285 An examiner for the Texas Air Control Board (TACB) will conduct a contested case hearing to consider whether or not Permit Number C-20193 should be issued to Gore's Incorporated (the applicant) to construct a dairy operation to be located west of Highway 16 in Comanche County, three miles south of Comanche. Deadline for Requesting to be a Party. At the hearing, only those persons admitted as parties and their witnesses will be allowed to participate. Presently, the only prospective parties are the applicant and the TACB staff. Any person who may be affected by emissions from the proposed facility who wants to be made a party must send a specific written request for party status to Hearings Examiner Bridget C. Bohac and make sure that this request is actually received at the TACB Central Office, 12124 Park 35 Circle, Austin, Texas 78753 by 5 p.m. on August 23, 1991. The examiner cannot grant party status after that deadline, unless there is good cause for the request arriving late. Hearing requests, comments, or other correspondence sent to TACB before publication of this notice will not be considered as a request for party status. The examiner will decide on party status at the prehearing conference. Prehearing Conference. The examiner has scheduled a prehearing conference at 1:30 p.m. on Tuesday, September 3, 1991, at the TACB Central Office in Room 143-E, 12124 Park 35 Circle, Austin, Texas 78753. At this conference, the examiner will consider any motions of the parties, but may grant contested motions for continuance only upon proof of good cause. The examiner will also establish a specific date prior to the hearing on the merits for the exchange of written and documentary evidence. Time and Place of Hearing. The examiner has set the hearing to begin at 1:30 p.m. on Monday, September 30, 1991, at the TACB Central Office in Room 143-E, 12124 Park 35 Circle, Austin, Texas 78753. What the Applicant Must Prove. This hearing is a contested case hearing under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, sec.13. It is generally conducted like trial in district court. The applicant must demonstrate, by a preponderance of the evidence, that the proposed facility will meet the requirements of the Texas Clean Air Act, (the Act), sec.382.051, Health and Safety Code, Chapter 382, and TACB sec.116.3. These requirements include compliance with all applicable TACB and federal regulations, including the requirement that the proposed facility will use the best available control technology, considering the technical practicability and economic reasonableness of reducing or eliminating emissions. Public Attendance and Testimony. Members of the general public may attend the prehearing conference and the hearing. Those who plan to attend are encourage to telephone the TACB Central Office in Austin, at (512) 908-1770 a day or two prior to the prehearing conference and the hearing dates in order to confirm the settings, since continuances are sometimes granted. Any person who wants to give testimony at the hearing, but who does not want to be a party, may call the TACB Legal Division at (512) 908-1770 to find out the names and addresses of all persons who may be contacted about the possibility of presenting testimony. Information About the Application and TACB Rules. Information about the application and copies of the TACB's rules and regulations are available at the TACB Regional Office located at the Commerce Plaza Office Building, 1290 South Willis, Suite 205, Abilene, Texas 79605, the TACB Central Office located at 12124 Park 35 Circle, Austin, Texas 78753, and at the Comanche City Hall office located at 114 West Central Street, Comanche, Texas 76442. Legal Authority. This hearing is called and will be conducted under the authority of the Act, sec.sec.382.029, 382.030, 382.031, 382.051, and 382.056, and TACB sec.sec.103.11(3), 103.31, and 103.41. Issued in Austin, Texas, on July 31, 1991. TRD-9109200 Steve Shaw, P.E. Executive Director Texas Air Control Board Filed: August 1, 1991 For further information, please call: (512) 908-1772 Texas Animal Health Commission Correction of Error The Texas Animal Health Commission submitted an adopted amendment to 4 TAC sec.35.2, concerning an exemption to test herds not adjacent but located within 1/4 mile of the boundary of an infected herd, for publication in the August 2, 1991, issue of the Texas Register (16 TexReg 4223). The preamble for the adoption should read as follows. The Texas Animal Health Commission adopts amendments to s35.2 with changes to the proposed text as published in the May 3, 1991, issue of the Texas Register (16 TexReg 2453). The amendment concerning an exemption to test herds not adjacent but located within 1/4 mile of the boundary of an infected herd was deleted from the proposal. Justification for the Rule-It was necessary to provide for the individual release of a hold order placed on adult vaccinated cattle based on the negative classification of each animal. How the Rule will Function-A herd owner with an animal in a noninfected herd that has been adult vaccinated can be released following its negative classification when the PCFIA test has been used in lieu of the card test. Summary of Comments-None. Reasons why Agency disagrees with Comments-None. Statutory authority, interpretation of how provisions authorize or require the rule-The amendments are adopted under the Agriculture Code, Texas Civil Statutes, Chapters 161 and 163 which provides the commission with the authority to adopt rules and sets forth the duties of this Commission to protect livestock in the state from disease." Texas Department of Community Affairs Notice of Block Grant Hearings As part of the public information, consultation, and public hearings requirements for federal block grant funds, the Texas Department of Community Affairs (TDCA) is conducting two public hearings. The purpose of the hearings is to solicit comments on the proposed use and distribution of federal fiscal year (FFY) 1992 funds provided under the Community Services Block Grant (CSBG) and the Low-Income Home Energy Assistance Program (LIHEAP) Block Grant. TDCA uses its allocation of LIHEAP funds to support the Weatherization Assistance and the Energy Crisis Programs. Comments will also be solicited on the state's intended use of Dependent Care Planning and Development Grant Program funds. At these hearings intended use reports on the use of these funds will be provided and public comments will be received for use in the preparation of final state block grant plans and the Department's fiscal year 1992 legislative appropriation request. Two public hearings have been scheduled as follows: August 23, 1991, at 10 a.m. in the City Council Chambers, Two Civic Plaza, El Paso; August 29, 1991, at 2 p.m. at the Texas Housing Agency Building, 811 Barton Springs Road, Conference Room, Suite #300, Austin. A representative from TDCA will be present to explain the planning process and consult with and receive comments from interested citizens and affected groups regarding the proposed plans. Intended use reports may be obtained on or about August 16 by contacting the Community Service Section, Texas Department of Community Affairs, P.O. Box 13166, Austin, Texas 78711. Comments on the intended use of funds may be in the form of written comments or oral testimony at the hearings. Written comments may be submitted to TDCA at the time of the hearings or by mail no later than August 30, 1991. Issued in Austin, Texas, on August 2, 1991. TRD-9109286 Roger A. Coffield General Counsel Texas Department of Community Affairs Filed: August 2, 1991 For further information, please call: (512) 475-3886 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). [graphic] Issued in Austin, Texas, on July 29, 1991. TRD-9109144 Al Endsley Consumer Credit Commissioner Filed: July 31, 1991 For further information, please call: (512) 479-1280 Governor's Energy Office Amendments to Consultant Proposal Requests The amendment is filed pursuant to the provisions of Texas Civil Statutes, Article 6252-11c. Notice of Closing Date Extension. On July 12, 1991, a consultant proposals request published in the Texas Register (16 TexReg 3892), invited proposals from qualified firms, agencies, institutions, or individuals to monitor the design and construction implementation of energy cost reduction measures (ECRMs) recommended under the LoanSTAR (save taxes and resources) retrofit demonstration loan program for state agencies, local governments, and school districts. The closing date for submitting proposals is extended from August 6, 1991 to August 30, 1991. 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 30, 1991. Proposals received after that time and proposals submitted by facsimile will not be considered. Issued in Austin, Texas, on August 2, 1991. TRD-9109228 Bob Armstrong Director Governor's Energy Office Filed: August 2, 1991 For further information, please call: (512) 463-1931 The amendment is filed pursuant to the provisions of Texas Civil Statutes, Article 6252-11c. Notice of Closing Date Extension. On July 12, 1991, a consultant proposals request published in the Texas Register (16 TexReg 3894), invited proposals from qualified firms, agencies, institutions, or individuals to provide design review for energy efficiency in new state buildings. The closing date for submitting proposals is extended from August 6, 1991 to August 30, 1991. 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 30, 1991. Proposals received after that time and proposals submitted by facsimile will not be considered. Issued in Austin, Texas, on August 2, 1991. TRD-9109229 Bob Armstrong Director Governor's Energy Office Filed: August 2, 1991 For further information, please call: (512) 463-1931 Consultant Proposal Requests This request for consultant 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 graphic artists to provide the GEO with graphic design concepts and related pre-publication artwork, upon request, through August 31, 1993. The GEO has need for graphic art assistance in the production of energy efficiency-related brochures, pamphlets, flyers, newsletters, and other publications. The graphic artist selected for contract will be expected to work with GEO staff in creating and providing high quality graphics concepts and camera-ready artwork on demand often on a very tight time schedule. All work performed under this contract will be funded on a cost-reimbursement basis. All expenses must be properly documented and must be permissible under the contract and federal guidelines, and all are subject approval by the Governor's Office. All finished designs, artwork, and publications will become the property of the GEO. Contact Person. To obtain more information concerning this request for proposals, contact James P. McIntyre, Governor's Energy Office, P.O. Box 12428, Austin, Texas 78711, (512) 463-1931. The Governor's Energy Office is located in room 620 of the Sam Houston State Office Building, 201 East 14th Street, Austin, Texas 78701. Closing Date. Five copies of the sealed proposals should be sent to Barbara Hays, Governor's Energy Office, P.O. Box 12428, Austin, Texas 78711. If the proposals are sent by overnight mail or are hand delivered, they should be delivered to room 620 of the Sam Houston State Office Building, 201 East 14th Street, Austin, Texas 78701. In order to be considered, proposals must be received or postmarked by August 30, 1991. Selection Criteria. Proposals will be evaluated according to the following criteria: respondent's background and experience in the creation of high-quality graphics concepts, design, and camera-ready artwork; quality of samples of respondent's work, which should be presented as part of the proposal; respondent's demonstrated experience in conveying concepts in energy efficiency and renewable resources; respondent's accessibility to Governor's Energy Office in Austin; respondent's cost proposal, which should contain the respondent's hourly rate for professional services, all direct costs, and any other information pertinent to the budget. Final selection of contractor will be based on the recommendations of a review committee. If two or more proposals are ranked so closely that a decision cannot be made, the review committee may request finalist to provide additional information or to meet with GEO staff prior to final selection. No respondent, however, will be reimbursed for any costs incurred in the preparation, submission, or clarification of a proposal. Issued in Austin, Texas, on August 1, 1991. TRD-9109186 Bob Armstrong Director Governor's Energy Office Filed: August 1, 1991 For further information, please call: (512) 463-1931 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 agencies, institutions of higher education, associations, firms, and individuals to develop and deliver the professional services necessary for the third year of the Small Hospitals Energy Management Program (SHEMP). This program will be expanded to provide training and technical assistance to public and not-for-profit hospitals of less than 200 beds, and public, not-for-profit, and for-profit nursing homes. Services to be Performed. The contractor or contractors will be selected to perform the following services: (1) conduct up to 50 walk-through energy audits for those small hospitals that have not previously participated in the SHEMP Program. Prepare written reports outlining recommendations for energy saving projects; (2) develop and provide training workshops for multiple hospital systems and other large groups in the energy efficient operation of small hospitals; (3) complete up to 15 technical assistance report (selected from those hospitals participating in the program in prior year who have implemented all recommended "low cost/no cost" measures) to be utilized a a part of an application for matching grant funds through the Institutional Conservation Programs (ICP). Assist the hospitals in filling out the ICP application forms and assist the hospital in complying with other requirements of the ICP; (4) provide on-site training to local hospital physical plant personnel on proper operation and maintenance procedures. This support will include regular site visits and telephone calls to verify the implementation of suggested maintenance and operational procedures; (5) develop and distribute a quarterly newsletter to all hospitals and nursing homes in the state; (6) develop and distribute materials on financing alternatives available to small hospitals for the implementation of energy-conserving projects; (7) develop and print 500 copies of Guide for the Energy Efficient Operation of Nursing Homes. The guide will include, but not be limited to, the following topics: (a) understanding the energy-use characteristics of nursing homes; (b) the important design considerations which impact nursing home energy-efficiency; (c) the administrative keys to implementation of a successful energy management program; (d) understanding utility rate structures and bills; (e) the importance of operational and maintenance procedures on energy utilization rates; (f) capital-intensive opportunities to reduce energy utilization in nursing homes; and (g) financing alternatives currently available to nursing homes for energy-saving retrofits; (8) conduct up to 15 full-day training seminars for nursing home officials to inform them of available energy techniques and technologies. The text and outline for the seminars will be the Guide for Implementation for a Total Energy Management Program; (9) perform the following services in support of the workshops: (a) develop and distribute all seminar training material; (b) develop and distribute all seminar promotional and registration material; (c) arrange meeting rooms for all seminars; (d) coordinate all activities with various state agencies; and (e) perform other duties, as necessary, connected with successful workshop presentation; (10) as a follow-up to the workshops, respond to telephone questions from seminar attenders for clarification or additional information concerning technologies presented at the workshops; (11) provide on-site and telephone technical assistance up to 50 nursing homes in the development of energy-management plans. Technical assistance will be provided in, but not limited to, the following areas: (a) identifying the energy-use characteristics of the nursing homes; (b) identifying low cost/no cost and significant expense opportunities to reduce energy utilization rates at these 50 nursing homes; (c) assisting in the implementation of low cost/no cost energy saving retrofits; and (d) assisting in identifying financing alternatives for capital intensive retrofits; (12) perform other activities as assigned by GEO; and (13) prepare a final report of the results of the program as directed by GEO. Contact Person. To obtain more detailed information concerning this project, contact Ernie Moore, Governor' Energy Office, P.O. Box 12428, Austin, Texas 78711, (512) 463-1931. Closing Date. Six copies of the proposals should be sent to: Barbara Hayes, Governor's Energy Office P.O. Box 12428, Austin, Texas 78711. The Governor's Energy Office is located in Room 620 of the Sam Houston State Building, 201 East 14th Street, Austin, Texas 78701. Proposals should be sent by certified mail or by courier and must be received no later than 5 p. m., September 20, 1991. Proposals received after that time and proposal submitted by facsimile mail will not be considered. Selection Criteria. All potential proposer's will be required to attend a pre-proposal conference on August 19, 1991 from 10 to 11 a.m. at the GEO conference room on the sixth floor of the Sam Houston State Office Building 201 East 14th Street, Austin. The contractor selected must demonstrate the ability to develop and deliver energy-related education and training programs to people involved in the healthcare industry in Texas. Proposals should be short, concise, clearly written, and should describe the proposer's capabilities and resources for delivering the requested services. Proposal to deliver the requested services will be evaluated according to the following criteria: (1) proposer's knowledge of and experience in the design, construction, and operation of small hospital and nursing homes facilities; (2) proposer's experience in organizing, promoting, and conducting workshops for hospital and nursing homes official; (3) proposer's engineering experience with energy management technologies and with capital retrofit energy audit for the healthcare industry; (4) proposer's ability to assign staff with excellent written, verbal, and graphic skills (a sample of materials developed by the staff assigned to this project may be required); (5) qualifications of personnel to be assigned to the project; and (6) reasonableness of the proposed budget in relation to the services performed. Award will not necessarily be made to the bidder offering the lowest price; selection will be based on the proposer's ability to satisfy the preceding criteria. The Governor's Office reserves the right to negotiate both budget and scope of work with the finalist. The Governor's Office reserves the right to reject any or all proposals and is under no legal requirement to execute a contract on the basis of this request for proposals. Final selection of the contractor will be based on the recommendations of a review panel. If two or more proposals are ranked so closely that a decision cannot be made, the review panel may request finalists to provide additional information or meet with GEO staff in Austin prior to final election of the contractor. No respondent will be reimbursed for any cost incurred in the preparation, submission or clarification of a proposal. Issued in Austin, Texas, on July 31, 1991. TRD-9109135 Bob Armstrong Director Governor's Energy Office Filed: July 31, 1991 For further information, please call: (512) 463-1931 Notice of Contract Amendment In compliance with the provisions of Texas Civil Statutes, Article 6252-13c, the Governor's Energy Office furnishes this notice of contract award amendment. The term of an existing contract with Kristina Velazquez of 5700 Cameron Road, Austin, has been extended by one month to allow completion of a detailed evaluation of proposals submitted in response to a published request for proposals for recycling projects. The total contract amount is increased to $12,270, and the term of the contract is extended through July 31, 1991. Issued in Austin, Texas, on August 1, 1991. TRD-9109185 Bob Armstrong Director Governor's Energy Office Filed: August 1, 1991 For further information, please call: (512) 463-1931 Texas Department of Health Correction of Error The Texas Department of Health submitted adopted amendments to 25 TAC sec.31. 3, concerning the Special Supplemental Food Program for Women, Infants, and Children (WIC), for publication in the July 26, 1991, issue of the Texas Register (16 TexReg 4075). The preamble for the adopted amendment to sec.31.3 contains a misspelled word. The sixth comment in the preamble should read as follows. "Comment: several mid-size to smaller size vendors verbally relayed positive comments on the banding of vendors by their WIC sales volume." Permit Application for Municipal Solid Waste Site Notice of Filing Indian Paint Brush Development, Ltd., has filed Application Number 1441-A with the Texas Department of Health for an amendment of their permit number 1441 by converting the operation from a Type IV to a Type I municipal solid waste disposal site and adding approximately 24 feet of aerial fill, i.e., filling above grade to approximately Elevation 147.5 feet MSL. The site is located northwest of Houston, approximately 1.7 miles east of the intersection of FM Roads 1960 and 149, one mile southeast of FM Road 1960, at the end of Gant Road approximately 2,100 feet east of the intersection of Cutten and Gant Roads, in Harris County. The site will daily receive approximately 750 tons of municipal solid waste. The application covers approximately 28.7618 acres of land and seeks to amend a permit to receive solid wastes under the regulatory jurisdiction of the department for disposal or other processing in accordance with the said department's Municipal Solid Waste Management Regulations. A technical review of the application is being made by the department's Bureau of Solid Waste Management and various state and local agencies which have a jurisdictional interest. Before the issuance or denial of a permit, a notice of opportunity for a public hearing on the application will be published in a newspaper regularly published or circulated in the county in which the site is located. Affected persons will have 30 days in which to request a hearing. If a hearing is requested by an affected person having a justiciable interest, or if after completion of the technical review of this application the Bureau of Solid Waste Management determines that a public hearing should be held, notice of such hearing will be published in a newspaper regularly published or circulated in the county in which the site is located at least 30 days prior to the date of such hearing. Additional information concerning this application should be requested from the above-named applicant or from the Bureau of Solid Waste Management, Texas Department of Health, Austin, (512) 458-7271. Issued in Austin, Texas, on August 2, 1991. TRD-9109249 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: August 2, 1991 For further information, please call: (512) 458-7271 Texas State Library and Archives Commission Local Government Records Committee Notice is hereby given, pursuant to the Texas Government Code, Chapter 441, Subchapter J, for the purpose of accepting nominations to fill vacancies on the Local Government Records Committee. Nominations will be accepted through September 6, 1991, to fill the position of municipal finance officer and the position of public school representative for a school district with an average daily attendance of 1,000 to 9,999. A nomination may be made by an organization that represents the type of officer it nominates and that has 50 such officers as members. In choosing between two or more nominees, the director and librarian will give preference to a nomination or nominations received from organizations whose membership consists primarily of the type of officer to be nominated. Nominations should be sent to William D. Gooch, Director and Librarian, Texas State Library, P.O. Box 12927, Austin, Texas 78711. Issued in Austin, Texas, on July 26, 1991. TRD-9109143 Raymond Hitt Assistant State Librarian Texas State Library Filed: July 31, 1991 For further information, please call: (512) 463-5440 Texas State Board of Pharmacy Public Hearing Notice The Texas State Board of Pharmacy has postponed its Public Hearing scheduled for Tuesday, August 6th to: Tuesday, August 27, 1991, beginning at 9 a.m. at the Embassy Suites Hotel North, 5901 IH-35 North, Austin. The purpose of the hearing is to receive testimony regarding the following proposed rule, and simultaneous repeal of the existing rule. Published in the June 7, 1991, edition of the Texas Register: sec.291.36, Class A Pharmacies Compounding Sterile Pharmaceuticals, relating to standards for the operation of Class A pharmacies that dispense compounded sterile pharmaceuticals. The public is encouraged to attend the hearing and to present evidence or opinions regarding the proposed rule. Written testimony is encouraged. The board would appreciate receiving a copy of all written testimony before the hearing. The testimony and questions regarding the Public Hearing should be addressed to: Fred S. Brinkley, Jr., R.Ph., Executive Director/Secretary, Texas State Board of Pharmacy, 8505 Cross Park Drive, Suite 110, Austin, Texas 78754-4594. Issued in Austin, Texas, on August 1, 1991. TRD-9109214 Fred S. Brinkley, Jr., R.Ph. Executive Director/Secretary Texas State Board of Pharmacy Filed: August 1, 1991 For further information, please call: (512) 832-0661 Public Utility Commission of Texas Notices Intent To File Pursuant to PUC Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to PUC Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Gunn Auto Park, San Antonio. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of Plexar-Custom Service for Gunn Auto Park pursuant to PUC Substantive Rule 23.27(k). Tariff Control Number 10528. The Application. Southwestern Bell Telephone Company is requesting approval of Plexar-Custom Service for Gunn Auto Park. The geographic service market for this specific service is the San Antonio area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Commission Public Information Section at (512) 458-0256, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on August 1, 1991. TRD-9109206 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Filed: August 1, 1991 For further information, please call: (512) 458-0100 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to PUC Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Kerr McGee Corporation, Houston. Tariff Title and Number. Application of Southwestern Bell Telephone Company for Approval of Plexar-Customer Service for Kerr McGee Corporation Pursuant to PUC Substantive Rule 23.27(k). Tariff Control Number 10523. The Application. Southwestern Bell Telephone Company is requesting approval of Plexar-Custom Service for Kerr McGee Corporation. The geographic service market for this specific service is the Houston area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Commission Public Information Section at (512) 458-0256, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on July 31, 1991. TRD-9109160 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Filed: July 31, 1991 For further information, please call: (512) 458-0100 Texas Rehabilitation Commission Request for Proposals The Texas Rehabilitation Commission is announcing an emergency re-opening of the announcement of availability of funds to be awarded on behalf of the Texas Planning Council for Developmental Disabilities to provide support for an activity of the council. No eligible proposals were submitted for the announcement posted June 14, 1991. This RFP invites proposals for a grant project that will provide support and assistance to the Developmental Disabilities Program for coordination of the activity entitled "Partners in Policymaking." The project will provide the support functions in relation to training sessions for people with developmental disabilities and their family members. Eligibility. Eligible applicants include public agencies, private nonprofit and for-profit organizations. Terms. Up to three years for the project contingent on periodic review of performance by the council. Initial budget period will start August 23, 1991. The successful applicant may be asked to post $10,000 surety bond for security of performance. Applicant Process. For the application materials that includes the full request for proposals, please submit a written request to: W. D. Nielson, Texas Planning Council for Developmental Disabilities, 4900 North Lamar Boulevard, Austin, Texas 78751-2316, (512) 483-4088. Deadline. Proposals will be accepted at the Texas Planning Council Office, 4900 North Lamar Boulevard, Office #4141, Fourth Floor, Austin, until 5 p.m. on August 16, 1991. No FAX copies will be accepted. Issued in Austin, Texas, on August 9, 1991. TRD-9109245 Charles W. Schiesser Assistant Commissioner Texas Rehabilitation Commission Filed: August 2, 1991 For further information, please call: (512) 483-4051 Veterans Land Board Requests for Proposals In accordance with Texas Civil Statutes, Article 6252-11c, the Texas Veterans Land Board (VLB) is extending invitations to submit proposals for the purpose of retaining a firm(s) to act as the board's bond counsel on all items of financing necessary to the day-to-day operations of the Texas Veterans Land Board Program, the Texas Veterans Housing Assistance Program, the Texas Veterans Home Improvement Program, the Texas Family Farm and Ranch Assistance Program and, from time-to-time, other programs the board deems necessary and appropriate. For a copy of the request for proposals package, call or write Bruce R. Salzer, Director of Funds Management, 1700 North Congress Avenue, Room 620, Austin, Texas 78701-1496, (512) 463-5198. All proposals must be in a sealed envelope and clearly marked in the lower left corner: "Sealed Proposal-Bond Counsel Services." Five copies of the proposals must be received no later than 5 p.m. Central Daylight Time on September 12, 1991. Significant minority participation in delivery of services is required. If it is determined that the level of minority involvement is insignificant, the proposal will not be considered further. Each firm will be evaluated on experience in providing services; expertise of participating personnel; organization size, structure, and location; responsiveness to proposals; and fairness and reasonableness of cost. Issued in Austin, Texas, on August 5, 1991. TRD-9109307 Garry Mauro Chairman Veterans Land Board Filed: August 5, 1991 For further information, please call: (512) 463-5235 In accordance with Texas Civil Statutes, Article 6252-11c, the Veterans Land Board (VLB) is extending invitations to submit proposals for the purpose of retaining a firm(s) to act as the board's bond counsel on all items of financing necessary to the day-to-day operations of the Texas Veterans Land Board Program, the Texas Veterans Housing Assistance Program, the Texas Veterans Home Improvement Program, the Texas Family Farm and Ranch Assistance Program and, from time-to-time, other programs the board deems necessary and appropriate. For a copy of the request for proposals package, call or write Bruce R. Salzer, Director of Funds Management, 1700 North Congress Avenue, Room 620, Austin, Texas 78701-1496, (512) 463-5198. All proposals must be in a sealed envelope and clearly marked in the lower left corner: "Sealed Proposal-Financial Advisor Counsel Services." Five copies of the proposals must be received no later than 5 p.m. Central Daylight Time on September 12, 1991. Significant minority participation in delivery of services is required. If it is determined that the level of minority involvement is insignificant, the proposal will not be considered further. Each firm will be evaluated on experience in providing services; expertise of participating personnel; organization size, structure, and location; responsiveness to proposals; and fairness and reasonableness of cost. Issued in Austin, Texas, on August 5, 1991. TRD-9109308 Garry Mauro Chairman Veterans Land Board Filed: August 5, 1991 For further information, please call: (512) 463-5235 Texas Water Commission Notice of Delisting of State Superfund Site The executive director of the Texas Water Commission has issued a public notice of intention to delete (delist) two facilities from the state registry (state superfund list) of sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release of threatened release of hazardous substances into the environment. This public notice was published in the Hardin County News and the Hometown Press, on May 8, 1991 and May 15, 1991, and the Beaumont Enterprise on May 18 and 19, 1991. The sites proposed for delisting were the Rio Grande I and Rio Grande II state superfund sites which were originally placed on the state superfund list on January 16, 1987 (12 TexReg 205). Both sites are located west of the intersection of Ann and Sycamore Streets in Sour Lake, Hardin County. The Rio Grande I site was a refinery which was contaminated with visibly dark, oily sludges that were believed to be tank bottom waste. The Rio Grande II site is an adjacent tract which included a former transformer storage area. A remedial investigation and risk assessment were completed in August 1990 on Rio Grande I. The results indicated very low levels of contamination with semi-volatiles in one small pit which, when evaluated in a risk assessment, were below any further action criteria. The responsible parties removed the visible oily materials on the site and revegetated the site with trees. The transformers of concern on Rio Grande II have been removed and there is no trace of Polychlorinated Biphenyls detected on site after their removal. Some metals were detected in levels of concern on the Rio Grande II site; however, these wastes were generated during the exploration and drilling of natural gas or crude oil are under the jurisdiction of the Texas Railroad Commission. Rio Grande II is therefore being referred to the Railroad Commission for further action. In accordance with 31 Texas Administrative Code (TAC) sec.335.346, concerning delisting and modifications, a public meeting regarding the proposed delistment of the Rio Grande I and II state superfund sites was held on May 29, 1991 in Sour Lake. A 30-day comment period and opportunity to request a hearing followed the public meeting. As of the expiration of the 30-day period to request a public hearing, no requests for hearing were received. Additional information or copies may be obtained by contacting Glenda Gross, Superfund and Emergency Response Section, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 463-8177. Accordingly, the executive director of the Texas Water Commission hereby gives notice that the Rio Grande I and II state superfund sites are deleted from the state superfund registry list. Issued in Austin, Texas, on August 1, 1991. TRD-9109188 Jim Haley Director, Legal Division Texas Water Commission Filed: August 1, 1991 For further information, please call: (512) 463-8069 Public Hearing The Texas Water Commission will be accepting comments until 5 p.m., September 3, 1991, on the proposed new and amended sections of Title 31 Texas Administrative Code, Chapter 281 concerning application processing, Chapter 331 concerning underground injection control, Chapter 305 concerning consolidated permits, and Chapter 335 concerning industrial solid waste and municipal hazardous waste as published in the August 2, 1991, issue of the Texas Register (16 TexReg 4208). The sections are proposed in regard to provisions promulgated in Senate Bill 1099, 72nd Legislature, 1991. The commission has added another hearing location in Abilene for public comment. The commission has scheduled several public hearings in various locations as follows to receive comments: Abilene Christian University, 1600 Campus Court, Cullen Auditorium, on August 15, 1991, at 2 p.m., Abilene, Texas 79699; New Braunfels Civic Center, 390 South Seguin, on August 15, 1991, at 7 p.m., New Braunfels; El Paso Community College, 9570 Gateway North, Lecture Forum Room, on August 20, 1991, at 9:30 a.m., El Paso; University of Texas at Tyler, 3900 University Boulevard, University Center, Room 134, on August 20, 1991, at 2 p.m., Tyler; Midlothian High School, 925 South Ninth Street, Auditorium, on August 20, 1991, at 7:30 p.m., Midlothian; William B. Travis Building, 1701 North Congress Avenue, Room 1-100, on August 22, 1991, at 2 p.m., Austin; LaPort Kennedy Center, 618 San Jacinto Street, on August 22, 1991, at 2 p.m., LaPorte; Texas City Nessler Center, 2010 Fifth Avenue North, Atlantic Room, on August 22, 1991, at 7 p.m., Texas City. Persons participating in the public hearing are encouraged to summarize their testimony in written presentations. If you have any questions concerning these hearings, you may contact either Samita Mehta, Sally Jo Hahn, or Carlos Celestino, Legal Division, Texas Water Commission, P.O. Box 13087, 1700 North Congress Avenue, Austin, Texas 78711-3087, or call (512) 463-8069. Issued in Austin, Texas on August 5, 1991. TRD-9109290 Jim Haley Director, Legal Division Texas Water Commission Filed: August 5, 1991 For further information, please call: (512) 463-8069