ISSUE OFAugust 30, 1991" Volume 16, Number 65, August 30, 1991 Pages 4697-4761 Office of the Governor Appointments Made August 16, 1991 4709-Texas Appraiser Licensing and Certification Board 4709-East Texas State University Board of Regents 4709-Nueces River Authority Board of Directors 4709-Trinity River Authority Board of Directors 4709-Upper Neches River Municipal Water Authority 4709-Texas Historical Records Advisory Board 4709-Southern Regional Education Board 4709-Texas Board of Human Services 4709-Texas Historical Commission 4709-Texas State Board of Examiners of Professional Counselors 4709-Judge of the Second Judicial District, Chrokee County Appointments Made August 19, 1991 4709-Brazos River Authority Board of Directors 4709-Sulphur River Basin Authority Board of Directors 4709-Guadalupe-Blanco River Authority Board of Directors 4709-Canadian River Compact Commissioner 4709-Texas Diabetes Council 4709-Texas Guaranteed Student Loan Corporation Board of Directors 4709-Texas State Board of Examiners of Professional Counselors 4709-Texas Board of Architectural Examiners 4709-Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons 4709-Texas Structural Pest Control Board 4709-Texas High-Speed Rail Authority Board of Directors 4709-Interagency Council on Early Childhood Intervention Emergency Sections Railroad Commission of Texas 4711-Oil and Gas Division 4714-Transportation Division State Board of Insurance 4715-Corporate and Financial Regulation State Board of Insurance 4715-Notification Pursuant to the Texas Insurance Code, Chapter 5, Subchapter L Proposed Sections Texas National Research Laboratory Commission 4717-Administration Texas Department of Licensing and Regulation 4718-Texas Commission of Licensing and Regulation Polygraph Examiners Board 4719-General 4719-Code of Operating Procedure for Polygraph Examiners Texas Department of Health 4720-Texas Board of Health 4722-Maternal and Child Health Services 4727-Bureau of Laboratories 4728-Vital Statistics State Board of Insurance 4729-Life, Accident, Health Insurance and Annuities Texas Air Control Board 4730-Control of Air Pollution from Sulfur Compounds Withdrawn Sections Texas Workers' Compensation Commission 4733-Dispute Resolution Agreements, Settlements, Commutation Texas Water Commission 4733-River Authorities Adopted Sections Texas Department of Commerce 4735-Product Commercialization Railroad Commission of Texas 4737-Oil and Gas Division 4737-Gas Utilities Division Texas Department of Licensing and Regulation 4742-Texas Commission of Licensing and Regulation 4742-Manufactured Housing General Land Office 4743-Executive Administration Commission on Fire Protection Personnel Standards and Education 4743-Standards for Certification Texas Department of Human Services 4744-Reimbursement methodology for Medical Assistance Programs State Board of Insurance 4744-Notification Pursuant to the Texas Insurance Code, Chapter 5, Subchapter L Open Meetings 4745-Texas Cosmetology Commission 4745-Texas Department of Criminal Justice, Board of Pardons and Paroles 4745-East Texas State University 4745-Employees Retirement System of Texas 4745-Texas Employment Commission 4745-The Texas Growth Fund 4746-Texas Department of Health 4746-State Department of Highways and Public Transportation 4746-State Board of Insurance 4746-Lamar University System 4746-Texas Board of Professional Land Surveying 4747-Texas Department of Licensing and Regulation 4747-State Medical Education Board 4748-Texas State Board of Medical Examiners 4748-Midwestern State University 4748-Board of Vocational Nurse Examiners 4748-Texas Department of Public Safety 4748-Public Utility Commission of Texas 4749-State Purchasing and General Services Commission 4749-Texas Racing Commission 4749-Railroad Commission of Texas 4749-Texas Municipal Retirement System 4749-School Land Board 4749-The Texas A&M University System 4750-Texas State Technical Institute 4750-Texas Department of Transportation 4750-Texas Water Commission 4751-Texas Water Well Drillers Board 4751-Texas Workers' Compensation Commission 4751-Regional Meetings In Addition Texas Air Control Board 4755-Notice of Public Hearing Attorney General 4755-Consultant Contract Award State Banking Board 4755-Notice of Hearing Children's Trust Fund of Texas Council 4756-Demonstration Project Office of Consumer Credit Commissioner 4756-Notice of Rate Ceilings Court Reporters Certification Board 4756-Certification of Court Reporters Fire Fighters' Pension Commission 4757-Notice of Contract Award Texas Department of Health 4757-El Paso Community Survey on Breast and Cervical Cancer Request for Proposal 4757-Notice of Radioactive Material License Amendment Texas Department of Human Services 4758-Public Notices State Board of Insurance 4759-Company Licensing Railroad Commission of Texas 4759-Notice of Pit and Quarry Report and Certification Requirements Texas National Research Laboratory Commission 4760-Request for Proposal Office of the Secretary of State 4760-Public Notice-House Bill 2057 Texas Water Commission 4760-Meeting Notice 4760-Public Notice CONTENTS CONTINUED INSIDE ISSUE OFAugust 27, 1991" TAC Titles Affected TAC Titles Affected-August The following is a list of the administrative rules that have been published this month. TITLE 1. ADMINISTRATION Part IV. Office of the Secretary of State 1 TAC sec.97.27, sec.97.28--4529, 4535 TITLE 7. BANKING AND SECURITIES Part V. Office of Consumer Credit Commissioner 7 TAC sec.sec.85.1, 85.2, 85.4, 85.9, 85.12, 85.22, 85.30, 85.50, 85.57, 85.58--4389 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 Part V. Texas Department of Commerce 10 TAC sec.sec.178.10, 178.11, 178.12, 178.14, 178.16 --4619 10 TAC sec.178.17, sec.178.18--4619 10 TAC sec.178.20--4619 TITLE 14. AGRICULTURE Part II. Animal Health Commission 14 TAC sec.35.2--4223 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas 16 TAC sec.5.37--4673 16 TAC sec.5.40--4673 16 TAC sec.5.184--4673 16 TAC sec.5.346-- 16 TAC sec.5.386--4674 16 TAC sec.5.458--4674 16 TAC sec.5.502--4674 16 TAC sec.5.503--4674 16 TAC sec.5.507--4675 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 16 TAC sec.23.56--4441 Part IV. Texas Department of Licensing and Regulation 16 TAC sec.69.208--4223 Part VIII. Texas Racing Commission 16 TAC sec.305.4--4575, 4595 16 TAC sec.305.12--4595 16 TAC sec.305.32--4595 16 TAC sec.305.44--4575, 4596 16 TAC sec.305.49--4575, 4596 16 TAC sec.305.50--4575, 4596 16 TAC sec.305.63--4576, 4596 16 TAC sec.305.65--4576, 4597 16 TAC sec.305.66--4597 16 TAC sec.305.83--4576, 4597 16 TAC sec.305.85--4576, 4597 16 TAC sec.305.87--4577, 4598 16 TAC sec.305.91--4577, 4598 16 TAC sec.305.103--4577, 4598 16 TAC sec.305.104--4598 16 TAC sec.305.105--4577, 4599 16 TAC sec.305.124--4578, 4599 16 TAC sec.305.126--4578, 4599 16 TAC sec.305.128--4578, 4599 16 TAC sec.305.141--4578, 4600 16 TAC sec.305.142--4600 16 TAC sec.305.143--4579, 4600 16 TAC sec.305.147--4579, 4600 16 TAC sec.305.148--4579, 4601 16 TAC sec.305.149--4580, 4601 16 TAC sec.305.150--4580, 4601 16 TAC sec.305.164--4602 16 TAC sec.305.168--4580, 4602 16 TAC sec.305.182--4586, 4602 16 TAC sec.305.183--4602 16 TAC sec.305.185--4586, 4603 16 TAC sec.305.186--4586, 4603 16 TAC sec.305.188--4586, 4603 16 TAC sec.305.191--4587, 4603 16 TAC sec.305.204--4587, 4604 16 TAC sec.305.224--4604 16 TAC sec.305.227--4604 16 TAC sec.305.228--4604 16 TAC sec.307.2--4587, 4605 16 TAC sec.307.3--4588, 4605 16 TAC sec.307.6--4588, 4605 16 TAC sec.307.73--4588, 4605 16 TAC sec.307.75--4606 16 TAC sec.307.79--4588, 4606 16 TAC sec.307.82--4588, 4606 16 TAC sec.307.121--4589, 4607 16 TAC sec.307.122--4589, 4607 16 TAC sec.307.123--4589, 4607 16 TAC sec.307.126--4590, 4607 16 TAC sec.307.127--4590, 4608 16 TAC sec.307.135--4590, 4608 16 TAC sec.307.158--4590, 4608 16 TAC sec.307.159--4590, 4608 16 TAC sec.307.161--4591, 4609 16 TAC sec.307.181--4609 16 TAC sec.307.186--4591, 4609 16 TAC sec.307.204--4609 16 TAC sec.307.207--4591, 4610 16 TAC sec.307.226--4610 16 TAC sec.307.241--4591, 4610 16 TAC sec.307.242--4592, 4611 16 TAC sec.307.244--4592, 4611 16 TAC sec.307.246--4592, 4611 16 TAC sec.307.261--4592, 4611 16 TAC sec.307.262--4593, 4612 16 TAC sec.307.263--4593, 4612 16 TAC sec.309.355--4593 16 TAC sec.311.9--4594, 4612 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board 19 TAC sec.5.154--4453 19 TAC sec.17.24--4453 19 TAC sec.21.60--4454 19 TAC sec.21.123--4454 Part II. Texas Education Agency 19 TAC sec.33.105--4442 19 TAC sec.61.1041--4439, 4443 19 TAC sec.67.131--4443 19 TAC sec.75.174--4444 19 TAC sec.89.41--4444 19 TAC sec.89.221--4445 19 TAC sec.89.233--4445 19 TAC sec.89.243--4446 19 TAC sec.97.10--4439, 4447 19 TAC sec.109.61--4677 19 TAC sec.141.2--4439, 4448 19 TAC sec.141.421--4440, 4448 TITLE 22. EXAMINING BOARDS Part V. State Board of Dental Examiners 22 TAC sec.101.1--4620 22 TAC sec.101.2--4620 22 TAC sec.sec.101.2-101.4--4617 22 TAC sec.101.5--4620 22 TAC sec.sec.101.11-101.15--4620 22 TAC sec.101.21, sec.101.22--4620 22 TAC sec.101.31, sec.101.32--4620 22 TAC sec.101.41--4620 22 TAC sec.101.51, sec.101.52--4620 22 TAC sec.101.61--4621 22 TAC sec.101.71--4621 22 TAC sec.101.81--4621 22 TAC sec.107.61--4621 22 TAC sec.107.63--4679 22 TAC sec.109.144--4621 22 TAC sec.109.211--4617 22 TAC sec.sec.116.1, 116.2, 116.4--4283 22 TAC sec.116.3--4283 22 TAC sec.117.1--4617 22 TAC sec.sec.119.2-119.8--4622 22 TAC sec.sec.121.1-121.6--4622 22 TAC sec.123.1--4622 22 TAC sec.sec.123.11-123.19--4622 22 TAC sec.sec.123.31-123.41--4623 Part VI. Texas State Board of Registration for Professional Engineers 22 TAC sec.sec.131.101, 131.103, 131.104--4401 22 TAC sec.131.120--4402 22 TAC sec.131.134--4402 22 TAC sec.131.137--4402 22 TAC sec.131.151--4402 22 TAC sec.131.171--4403 22 TAC sec.131.224--4403 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.231.1--4397 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 XIV. Texas Optometry Board 22 TAC sec.280.1-280.6--4454 Part XIX. Polygraph Examiners Board 22 TAC sec.391.3--4284 22 TAC sec.397.40--4263 Part XXI. Texas State Board of Examiners of Psychologists 22 TAC sec.463.5--4397 Part XXII. Texas State Board of Public Accountancy 22 TAC sec.501.40--4623 22 TAC sec.505.3--4623 22 TAC sec.505.5--4623 22 TAC sec.513.26--4623 22 TAC sec.513.84--4624 22 TAC sec.519.8--4624 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.1.181--4529, 4535 25 TAC sec.181.1, sec.181.6--4530, 4536 25 TAC sec.181.2--4536 25 TAC sec.sec.181.22, 181.23, 181.25--4531, 4536 25 TAC sec.181.24--4536 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.401.683-401.689, 401.692--4455 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.sec.3.8001-3.8022--4403 28 TAC sec.5.6302--4255 28 TAC sec.sec.19.621-19.630--4256 28 TAC sec.27.605--4440 Part II. Texas Workers' Compensation Commission 28 TAC sec.102.7--4352 28 TAC sec.sec.110.1-110.3--4679 28 TAC sec.110.4--4352 28 TAC sec.134.5--4458 28 TAC sec.134.6--4459 28 TAC sec.164.1, sec.164.3--4460 28 TAC sec.164.2, 164.4-164.7, 164.9-164.12--4462 28 TAC sec.164.8 sec.164.13--4448, 4451 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 31 TAC sec.sec.21.1-21.31, 21.33-21.52--4541 31 TAC sec.21.32--4539 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 31 TAC sec.335.341-335.346--4625 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts 34 TAC sec.3.196--4466 34 TAC sec.3.253--4681 34 TAC sec.3.286--4681 34 TAC sec.3.287--4681 34 TAC sec.3.322--4681 34 TAC sec.3.375--4681 34 TAC sec.3.425--4682 Part IV. Employees Retirement System of Texas 34 TAC sec.71.9--4398 34 TAC sec.71.17--4398 34 TAC sec.73.19--4398 34 TAC sec.77.5--4399 34 TAC sec.81.1--4285 34 TAC sec.81.7--4399 Part V. Texas County and District Retirement System 34 TAC sec.103.1--4677 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 III. Texas Youth Commission 37 TAC sec.sec.81.111, 81.113, 81.118--4466 37 TAC sec.sec.81.114, 81.116, 81.117, 81.120, 81.121 --4466 37 TAC sec.81.119--4466 37 TAC sec.sec.81.401-81.407--4467 37 TAC sec.85.1, sec.85.3--4467 37 TAC sec.85.21, 85.23, 85.25, 85.29, 85.35--4468 37 TAC sec.85.23, sec.85.29--4474 37 TAC sec.sec.85.27, 85.31, 85.33, 85.43--4475 37 TAC sec.85.37--4477 37 TAC sec.87.53--4451 37 TAC sec.sec.87.1, 87.3, 87.7, 87.9, 87.21, 87.23 --4479 37 TAC sec.87.7, 87.9, 87.21, 87.23--4482 37 TAC sec.87.75--4482, 37 TAC sec.sec.91.1, 91.3, 91.5, 91.7, 91.9, 91.11, 91.13 --4482 37 TAC sec.91.31--4486 37 TAC sec.sec.91.55, 91.57, 91.59, 91.63, 91.65, 91.69 --4486 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.251.9--4537 37 TAC sec.297.9--4357 37 TAC sec.297.10--4612 37 TAC sec.sec.300.1-300.6--4613 Part XI. Texas Juvenile Probation Commission 37 TAC sec.341.15--4286 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human 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.sec.4.1004, 4.1006, 4.1010--4412 40 TAC sec.10.2304--4259, 4276 40 TAC sec.sec.10.3411, 10.3412, 10.3414, 10.3415, 10.3424, 10.3433, 10.3453, 10.3454--4491 40 TAC sec.10.3412--4678 40 TAC sec.10.3456--4491 40 TAC sec.sec.10.3460-10.3465--4492 40 TAC sec.15.433--4492 40 TAC sec.15.455, sec.15.465--4492 40 TAC sec.15.500--4493 40 TAC sec.19.1805--4493 40 TAC sec.27.2801--4225 40 TAC sec.35.603--4630 40 TAC sec.sec.35.801-35.804--4630 40 TAC sec.47.6901--4225 40 TAC sec.sec.48.2801-48.2810--4631 40 TAC sec.48.2906, sec.48.2918--4493 40 TAC sec.48.2908--4494 40 TAC sec.38.3904--4537 40 TAC sec.48.8901--4538 40 TAC sec.49.601, sec.49.603--4277 40 TAC sec.79.1611, sec.79.1612--4449 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 IX. Texas Department on Aging 40 TAC sec.sec.297.1, 297.3, 297.5, 297.7, 297.9, 297.11, 297.13, 297.15, 297.17--4494 40 TAC sec.sec.298.1, 298.3, 298.5, 298.7, 298.9, 298.11, 298.13, 298.15, 298.17--4451 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 August 16, 1991 To be a member of the Texas Appraiser Licensing and Certification Board for a term to expire January 31, 1993: Janie Sieglitz Kobes, 1106 Irish Drive, Conroe, Texas 77301. Ms. Kobes is being pursuant to House Bill 270, 72nd Legislature, 1991. To be a member of the Texas Appraiser Licensing and Certification Board for a term to expire January 31, 1993: Gary W. Schur, P.O. Box 10, Munday, Texas 76371. to a new position pursuant to House Bill 270, 72nd Legislature, 1991. To be a member of the East Texas State University Board of Regents for a term to expire February 15, 1995: Martha H. Whitehead, 1908 North Fourth Street, Longview, Texas 75601. Ms. Whitehead will be filling the unexpired term of Karl C. Rove of Austin who was rejected by the Senate. To be a member of the Nueces River Authority Board of Directors for a term to expire February 1, 1997: Madge Elizabeth Belcher, Box 928, Brackettville, Texas 78832. Ms. Belcher will be replacing Roy Martin of Cotulla whose term expired. To be a member of the Trinity River Authority Board of Directors for a term to expire March 15, 1997: Constance T. Slocomb, 613 North Houston Street, Livingston, Texas 77351. Ms. Slocomb will be replacing B. C. Lively of Livingston whose term expired. To be a member of the Upper Neches River Municipal Water Authority for a term to expire February 1 1997: Edward McCoy, Jr., 827 Fulton Street, Palestine, Texas 75801. Mr. McCoy will be replacing Marley Patrick Styner of Palestine whose term expired. To be a member of the Texas Historical Records Advisory Board for a term to expire January 23, 1994: Gleniece A. Robinson, 2424 South Boulevard, Dallas, Texas 75215. Dr. Robinson will be replacing Audray Bateman Randle of Austin whose term expired. To be a member of the Southern Regional Education Board for a term to expire June 30, 1995: Julius W. Becton, Jr., President, Prairie View A&M University, P.O. Box 188, Prairie View, Texas 77446. President Becton will be replacing Dr. William J. Teague of Abilene whose term expired. To be a member of the Texas Board of Human Services for a term to expire January 20, 1995: Paula S. Gomez, 318 West Adams, Brownsville, Texas 78520. Ms. Gomez will be filling the unexpired term of Ida Papert of Dallas who resigned. To be a member of the Texas Historical Commission for a term to expire February 1, 1997: George Christian, 6800 Rockledge Cove, Austin, Texas 78731. Mr. Christian is being reappointed. To be a member of the Texas State Board of Examiners of Professional Counselors for a term to expire February 1, 1997: Karen Haun Barlow, 208 Rockwood Park Drive, Fort Worth, Texas 76107. Dr. Barlow will be replacing Daniel W. Adams of Corpus Christi whose term expired. To be Judge of the Second Judicial District, Cherokee County until the next general election and until his successor shall be duly elected and qualified: John Robert Adamson, 1302 Fort Worth Street, Jacksonville, Texas 75766. Mr. Adamson will be replacing Judge Morris W. Hassell of Rusk who has retired. Appointments Made August 19, 1991 To be a member of the Brazos River Authority Board of Directors for a term to expire February 1, 1997: John M. Wehby, P.O. Box 55, Taylor, Texas 76574. Mr. Wehby is being reappointed. To be a member of the Sulphur River Basin Authority Board of Directors for a term to expire February 1, 1997: Ivory E. Moore, 2600 Bois D' Arc, Commerce, Texas 75428. Mr. Moore will be replacing Vatra Solomon of Mount Pleasant whose term expired. To be a member of the Guadalupe-Blanco River Authority Board of Directors for a term to expire February 1, 1997: Warren P. "Pat" Kirksey, 800 Cibolo Street, Lockhart, Texas 78644. Mr. Kirksey is being reappointed. To be a member of the Canadian River Compact Commissioner for a term to expire December 31, 1991: Richard Stephen Hubbert, 3310 56th Street, Lubbock, Texas 79413. Mr. Hubbert will be filling the unexpired term of John C. Sims of Lubbock who resigned. To be a member of the Texas Diabetes Council for a term to expire February 1, 1993: Steve Davidson, 3101 Stanolind, Midland, Texas 79705. Mr. Davidson is being reappointed. To be a member of the Texas Guaranteed Student Loan Corporation Board of Directors for a term to expire January 31, 1997: Teofilo Jaime Chahin, 19798 Pinehurst Drive, Austin, Texas 78747. Dr. Chahin will be replacing Comer Alden of San Antonio whose term expired. To be a member of the Texas State Board of Examiners of Professional Counselors for a term to expire February 1, 1997: James O. Mathis, 3778 Summer Lane, Huntsville, Texas 77340. Dr. Mathis will be replacing Rodolfo Arrendondo, Jr. of Lubbock whose term expired. To be a member of the Texas Board of Architectural Examiners for a term to expire January 31, 1997: Thomas Daniel Carter, Jr., 1705 Tommy Aaron, El Paso, Texas 79936. Dr. Carter will be replacing Morris Allen Graves of Houston whose term expired. To be a member of the Texas Board of Architectural Examiners for a term to expire January 31, 1997: Norcell D. Haywood, P.O. Box 200378, San Antonio, Texas 78220. Mr. Haywood will be replacing James M. Langford of El Paso whose term expired. To be a member of the Texas State Board of Examiners of Professional Counselors for a term to expire February 1, 1991: Dr. Burtram B. Butler, Drawer 989, Main Post Office Building, Galveston, Texas 77553. Dr. Butler will be replacing Carol Champion of Harlingen whose term expired. To be a member of the Texas Committee on Purchases of Products and Services of Blind and Severely Disabled Persons for a term to expire January 31, 1993: Kelly Roy Forehand, 7703 Farrell, Amarillo, Texas 79121. Mr. Forehand will be replacing Barbara Pace of Jasper whose term expired. To be a member of the Texas Structural Pest Control Board for a term to expire February 1, 1997: John M. Gonzalez, 3525 Sage, Suite 1707, Houston, Texas 77056. Mr. Gonzalez will be replacing Lisa Echols of Breckenridge whose term expired. To be a member of the Texas High-Speed Rail Authority Board of Directors for a term to expire June 1, 1997: Hershel Raymond Payne, 5312 Northcrest Road, Fort Worth, Texas 76107. Mr. Payne is being reappointed. To be a member of the Interagency Council on Early Childhood Intervention for a term to expire February 1, 1993: Tammy H. Tiner, 200 Pershing Avenue, College Station, Texas 77840. Dr. Tiner will be replacing Janet D. Holliday of San Antonio who resigned. Issued in Austin, Texas, on August 21, 1991. TRD-9110218 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 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 3. Oil and Gas Division Conservation Rules and Regulations 16 TAC sec.sec.3.5, 3.8, 3.14, 3.68, 3.76 The Railroad Commission of Texas adopts on an emergency basis amendments to sec.sec.3.5, 3.8, 3.14, 3.68, and 3.76, concerning Oil and Gas Division. The amendments shall be effective on September 1, 1991, for a period of 120 days. The Railroad Commission finds that the provisions of Senate Bill 1103, 72nd Legislature, 1991, which take effect September 1, 1991, require adoption of the amendments on an emergency basis. Senate Bill Number 1103 establishes fee schedules, bond and permit requirements, and procedures for cancelling certificates of compliance. The amendment of the sections on September 1, 1991 is necessary to comply with the provisions of Senate Bill 1103. The amendments: set forth requirements for applications to drill, deepen, reenter, or plug back wells (Statewide Rule 5); repeal the bond requirement for saltwater haulers (Statewide Rule 8); establish requirements for obtaining extensions to the commission's well plugging rules (Statewide Rule 14); set forth procedures for cancellation of certificates of compliance (Statewide Rule 73); and set forth the fees, bonds, and alternate forms of financial security required to be filed by persons conducting operations that are subject to the commission's jurisdiction (Statewide Rule 78). The amendments are adopted on an emergency basis under the Texas Natural Resources Code, sec.sec.81.051, 81.052, 85.042, 85.202, 86.041, and 86.042, and the Water Code, sec.29.031, which provides the Railroad Commission with the authority to adopt rules to govern and regulate persons and their operations under the jurisdiction of the Railroad Commission. sec.3.5. Application to Drill, Deepen, Reenter, or Plug Back. (a) Permit requirements for spacing, density and units.
    (Reference Order Number 20-65,618). An application for a permit to drill, deepen, plug back, or reenter any oil well, gas well, or geothermal resource well, shall be made under the provisions of sec.sec.3.37, 3.38, and/or 3.39 of this title (relating to Statewide Spacing Rule; Well Densities; and Proration and Drilling Units: Contiguity of Acreage and Exception Thereto) (Statewide Rules 37, 38, and 39), or as an exception thereto, or under special rules governing any particular oil, gas, or geothermal resource field or as an exception thereto and filed with the commission on a form approved by the commission. (b) Organization eligibility to file an application for a permit to drill deepen, reenter or plug back. (1) The commission will not accept an application from an organization for a permit to drill, deepen, plug back, or reenter any well if a person who holds a position of ownership or control in the organization has, within the five years preceding the date on which the application is filed, held a position of ownership or control in any organization registered or previously registered with the commission which during that period of ownership or control violated a commission rule, order, license, permit, or certificate that relates to safety or the prevention or control of pollution. (A) An organization has committed a violation if: (i) the commission has entered an order against the organization finding that the organization has committed a violation and all appeals have been exhausted or (ii) the commission and the organization have entered into an agreed order relating to the alleged violation. (B) A person holds a position of ownership or control in an organization if the person is: (i) an officer or director of the organization; (ii) (a general partner of the organization: (iii) the owner of an organization which is a sole proprietorship; (iv) the owner of more than a 25% ownership interest in the organization; or (v) the designated trustee of the organization. (2) Notwithstanding paragraph (1) of this subsection, the commission shall accept the application if: (A) the condition(s) that constituted the violation(s) of a commission rule(s), order(s), license(s), permit(s), or certificate(s) that relates to safety or the prevention or control of pollution are corrected; (B) all administrative, civil, and criminal penalties relating to the condition(s) are paid; and (C) all reimbursement of costs and expenses assessed by the commission in relation to the condition(s) are collected. (c)
      [(1)] Commencement of operations.
        Operations of drilling, deepening, plugging back, or reentering shall not be commenced until the permit has been granted by the commission and the waiting period, if any, has terminated, or authorization has been granted pursuant to [paragraph (2) of this] subsection (d) of this section. (d)
          [(2)] Testing of existing wells in other reservoirs inside the casing.
            For an existing well, an operator may request authorization to commence operations to deepen inside the casing or plug back prior to the granting of a permit to deepen or plug back. (1) This authorization shall
              [may] be requested by filing with the district office a letter of intent to deepen inside the casing or plug back. The letter shall include : (A)
                the operator name; (B)
                  the lease name; (C)
                    the lease number or gas identification number; (D)
                      well number; (E)
                        county; (F)
                          field name; (G)
                            a list of all reservoir(s) to be tested; (H)
                              the casing setting depth and the depth of the deepest reservoir to be tested; (I)
                                a plat showing the well location; and (J)
                                  a statement as to whether or not the well location would require an exception to sec.sec.3.37, 3.38, and/or 3.39 (Statewide Rules 37, 38, and 39) if completed in any of the reservoirs to be tested. If an exception would be required, the letter of intent shall also include a statement that all affected offsets have been given written notice of the intent to test with the opportunity to witness the testing and the offsets shall be identified on the plat. (2)
                                    Operations of deepening inside the casing or plugging back shall not be commenced until the district office has reviewed and signed the letter of intent. Testing pursuant to this authorization shall be completed within 90 days from the date the district office signs the letter of intent. (A)-(B) (No change.) (C) Within 30 days of completion of testing, the operator must either file an application for a permit to produce a reservoir tested pursuant to [paragraph (2) of] this subsection or file an amended completion report in accordance with sec.3.16 of this title (relating to Log and Completion of Plugging Report) (Statewide Rule 16) with a copy of the intent to test signed by the district office and a statement that a permit to produce a tested reservoir is not being sought, or if the well has been plugged and abandoned, a plugging report including reservoir and perforation data. If a permit is not obtained for the tested reservoirs and/or an allowable is not assigned, the producer shall report all test production in the producer's monthly report filed for the last permitted reservoir in which the well was completed and may request authorization to sell the test production. The test production may be sold after such authorization is granted. (e)
                                      [(b)] Exploratory and specialty wells.
                                        (Reference Order Number 20-54,027, effective August 1, 1964). An application for a permit to drill, deepen, plug back, or reenter any exploratory well, cathodic protection well that penetrates the base of the fresh water strata, fluid injection well, injection water source well, disposal well, brine solution mining well, or underground hydrocarbon storage well shall be made and filed with the commission on a form approved by the commission. Operations for drilling, deepening, plugging back, or reentering shall not be commenced until the permit has been granted by the commission. For an exploratory well, an exception to filing such form prior to commencing operations may be obtained if an application for a core hole test is filed with the commission. (f)
                                          [(c)] Exception permits.
                                            If an application for a permit presents a question of an exception to the applicable density rule as well as an exception to the spacing rule, [a hearing shall be held at which] the operator seeking a spacing and density exception must obtain such an exception
                                              [offer proof that such an exception is necessary] as required under the applicable spacing and density rules. [(d) Plugging Bond (Rescinded by Order Number 20-54,299, dated January 12, 1966. Adopted in Order Number 20-54,027, effective August 1, 1964 but suspended indefinitely).] (g) Drilling permit fee. With each application or materially amended application for a permit to drill, deepen, plug back, or reenter a well, the applicant shall submit to the commission a nonrefundable fee as determined by sec.3.76 of this title (relating to Fees Bonds and Alternate Forms of Financial Security Required to be Filed)(Statewide Rule 78). sec.3.8. Water Protection. (a)-(e) (No change.) (f) Saltwater Haulers. (1) A person who transports saltwater for hire by any method other than by pipeline shall not haul and dispose of water containing salt or other mineralized substances produced by oil and gas operations, off a lease, unit, or other oil or gas property where it is produced, unless such transporter has qualified for and been issued a saltwater hauler permit by the commission. (A) Application for a saltwater hauler's permit will be made on the commission-prescribed form, and in accordance with the instructions thereon, and must be accompanied by: (i) a permit application fee required by sec.3.76 of this title (relating to Fees, Bonds, and Alternate Forms of Financial Security Required to be Filed)(Statewide Rule 78)
                                                [saltwater hauler permit bond on the commission-prescribed form]; (ii)-(iv)
                                                  (No change.) (B) A saltwater hauler permit may be issued for a term not to exceed one year, subject to renewal by the filing of an application for permit renewal and the required application fee
                                                    [a saltwater hauler permit bond] for the next permit period. The term of a saltwater hauler permit will be established in accordance with a schedule prescribed by the commission or its delegate
                                                      [director] to allow for the orderly and timely renewal of saltwater hauler permits on a staggered basis. [The term of any saltwater hauler permit that will expire on August 31, 1987, may be extended by the director for up to one year to conform the permit term to the prescribed schedule, provided that the permittee has filed a saltwater hauler permit bond for the period of the extension.] (C) (No change.) (2) (No change.) (g)-(i) (No change.) sec.3.14. Plugging. (a) (No change.) (b) Plugging report and commencement of operations. (1) (No change.) (2) Plugging operations on each dry or inactive well must be commenced within a period of one year after drilling or operations ceased and shall proceed with due diligence until completed. For good cause, a reasonable extension of time in which to start plugging operations may be granted pursuant to the following procedures. (A) The commission or its
                                                        [the Oil and Gas Division director or the director's] delegate may administratively grant an extension of time if the well is in compliance with all other commission rules and laws relating to conservation and safety or the prevention or control of pollution
                                                          [not a pollution hazard]; and (i)
                                                            provided that [the well is in compliance with all other conservation laws and rules of the commission,] the operator [intends to use the wellbore,] pays the proper fee as provided in sec.3.76 of this title (relating to Fees, Bonds, and Alternate Forms of Financial Security
                                                              Required to be Filed) (Statewide Rule 78) and obtains a permit for this extension
                                                                [re-entry]; or (ii)
                                                                  the operator files an individual or blanket
                                                                    [posts a performance] bond as provided in sec.3.76 (Statewide Rule 78).
                                                                      [or other form of financial security in an amount acceptable to the staff to ensure that the commission will not have to plug the well with state funds; or (iii)
                                                                        the operator has presented a viable plan for using the well in a secondary or tertiary recovery project within a reasonable time.] (B)-(C) (No change.) (c)-(i) (No change.) sec.3.68. Pipeline-Connection-Severance. (a) (No change.) (b) The commission may cancel any certificate of compliance if it appears that the operator of a well has violated or is violating, in connection with the operation of the well, any of the oil, gas, or geothermal resource conservation laws or any of the rules, regulations, or orders of the commission made thereunder. Upon receipt of information that indicates a well is being operated in violation of a state statute, or a commission rule or order, the commission may send a notice letter to the operator directing the operator to remedy the violation. The letter shall state the facts or conduct alleged to warrant the cancellation of the certificate of compliance and shall give the operator an opportunity to show compliance with state statutes and commission rules and orders. The letter shall be sent by registered or certified mail and shall indicate the time within which compliance must be demonstrated or achieved. The time period allowed for the operator to achieve compliance shall not be less than 10 days from the date the notice letter or any extension thereto is sent. (c) The operator shall either demonstrate compliance or remedy the violation and notify the commission of its action. (d) If the violation, if any, is not remedied within the time period set out in the notice letter, the commission, or the commission's delegate, may cancel the certificate of compliance. (e) If a certificate of compliance has been cancelled, the commission may not issue a new certificate of compliance until the owner or operator of the property covered by the certificate of compliance submits to the Commission a reissuance fee as required by sec.3.76 of this title (relating to Fees, Bonds, and Alternate Forms of Financial Security Required to be Filed) (Statewide Rule 78): (1) and the property covered by the certificate is brought into compliance with laws regarding oil, gas, and geothermal resource conservation, safety, and the prevention or control of pollution, and the rules, regulations, and orders of the commission made thereunder; or (2) the commission determines there are just and equitable grounds for issuing the certificate. (f)
                                                                          Upon notice from the Commission to any pipeline or other carrier connected to any such oil, gas, or geothermal resource well that the certificate of compliance applicable to the well has been cancelled by the commission, the pipeline or other carrier shall disconnect from the well, and it shall be unlawful for the pipeline or other carrier to transport any oil or gas
                                                                            produced therefrom until a new certificate of compliance has been issued by the commission. (g)
                                                                              Upon notice from the commission that a certificate of compliance as to any oil, gas, or geothermal resource well has been cancelled by it as provided in this section, it shall be unlawful for the operator of such well to produce oil, gas, or geothermal resources therefrom until a new certificate of compliance with respect to the well has been issued by the commission as provided in this section. (h) The provisions of this section are cumulative of other actions and procedures regarding violations of state statutes, or commission rules and orders, which include the authority of the commission or commission's delegate to immediately shut in a well or lease, or direct the operator to shut in a well or lease, when an emergency exists due to active pollution or an imminent threat to people or property. sec.3.76. Fees, Bonds, and Alternate Forms of Financial Security Required to be Filed [Fees Required to be Filed.] (a) The following filing fees are required to be paid to the Railroad Commission. (1) With each application or materially amended application for a permit to drill, deepen, plug back, or reenter a well, the applicant shall submit to the commission a nonrefundable fee of: (A) $100 if the total depth of the well is 2,000 feet or less; (B) $125 if the total depth of the well is greater than 2,000 feet but less than or equal to 4, 000 feet; (C) $150 if the total depth of the well is greater than 4,000 feet but less than or equal to 9,000 feet; (D) $200 if the total depth of the well is greater than 9,000 feet.
                                                                                [With each application or materially amended application for a permit to drill, deepen, plug back, or reenter a well, the applicant shall submit to the commission a nonrefundable fee of $100. An application will be considered materially amended if the amendment requires the issuance of a new permit.] (2)
                                                                                  A materially amended application includes an application in which an additional field or a change in location or field is sought for a previously permitted well. However, if a new application and/or permit becomes necessary because of commission action, the [$100] fee may be waived. (3) An applicant shall submit an additional non-refundable fee of $50 when requesting that the commission expedite the application for a permit to drill, deepen, plug back, or reenter a well. [(b) With each request to expedite the application for a permit to drill, deepen, plug back, or reenter the well, the applicant shall submit to the commission a nonrefundable fee of $50. Expedite the application means hand-filing and walking the application through the entire permitting process.] (4) With each application for an extension of time to plug a well pursuant to commission rules an applicant shall submit to the commission a nonrefundable fee of $100 unless the applicant has filed a bond. (5)
                                                                                    [(c)] With each application for an exception to any commission statewide rule, the applicant shall submit to the commission a nonrefundable fee of $50. If the permit application is for an exception to Statewide Rules 37, 38, or 39, or for any combination of exceptions to such rules, the applicant shall submit one nonrefundable fee of $50. (6)
                                                                                      [(d)] With each application for an oil and gas waste disposal well permit, the applicant shall submit to the commission a nonrefundable fee of $100 per well. (7)
                                                                                        [(e)] With each application for a fluid injection well permit, the applicant shall submit to the commission a nonrefundable fee of $100 per well. Fluid injection well means any well used to inject fluid or gas into the ground in connection with the exploration or production of oil or gas other than an oil and gas waste disposal well. (8) With each application for a permit to discharge to surface water other than a permit for a discharge that meets National Pollutant Discharge Elimination System (NPDES) requirements for agricultural or wildlife use, the applicant shall submit to the commission a nonrefundable fee of $200. (9) If a certificate of compliance has been cancelled, the applicant shall submit to the commission a nonrefundable fee of $100 before the commission will reissue the certificate. (10) With each application for issuance, renewal, or material amendment of an oil saltwater hauler's permit, the applicant shall submit to the commission a nonrefundable fee of $100. (11)
                                                                                          [(f)] With each Natural Gas Policy Act (15 United States Code, sec.sec.3301-3432) application, the applicant shall submit to the commission a nonrefundable fee of $50. (12)
                                                                                            [(g)] A check or money order for any of the aforementioned fees shall be made payable to the state treasurer of Texas. If the check accompanying an application is not honored upon presentment, the permit issued on the basis of that application, the allowable assigned, the injection or disposal authority granted pursuant to such permit, the exception to a statewide rule granted on the basis of the application, or the Natural Gas Policy Act category determination made on the basis of the application may be suspended or revoked. (b) The following bonds or alternate financial security are required to be filed with the Railroad Commission by any person, including any firm, partnership, joint stock association, corporation, or other organization, required to file an organization report with the commission. (1) The commission shall require a bond in a form acceptable to the commission or an alternate form of financial security to be filed with the commission with the filing of an organization report. A person required to file a bond may choose to file: (A) an individual bond on each well; (B) a blanket bond; (C) a nonrefundable annual fee of $100, if the person can demonstrate to the commission an acceptable record of compliance with all commission rules, orders, licenses, permits, or certificates that relate to safety or the prevention or control of pollution for the previous 48 months and the person and, if a firm, partnership, joint stock association, corporation, or other organization, its officers, directors, general partners or owners of more than 25% ownership interest or any trustee: (i) has no outstanding violations of such commission rules orders licenses, permits, or certificates; (ii) has paid all administrative, civil, and criminal penalties, if any, relating to any violation of such commission rules, orders, licenses, permits or certificates; and (iii) has paid all reimbursements of any costs and expenses assessed by the commission in relation to any violation of such commission rules, orders, licenses, permits, or certificates; (D) a nonrefundable annual fee equal to 3.0% of the bond that otherwise would be required; or (E) a first lien on tangible personal property associated with oil and gas production whose salvage value equals the value of an individual bond or the value of a blanket bond that otherwise would be required. (2) A person required to file a bond who operates one or more wells may file an individual bond in an amount equal to $2.00 for each foot of vertical well depth for each well. (3) A person required to file a bond may file a blanket bond to cover all wells and operations for which a bond is required as follows. (A) A person who operates 10 or fewer wells or performs other operations shall file a $25,000 blanket bond. (B) A person who operates more than 10 but fewer than 100 wells shall file a $50,000 blanket bond. (C) A person who operates 100 or more wells shall file a $250,000 blanket bond. (4) Each of the foregoing bonds shall be conditioned that the operator will plug and abandon all wells and control, abate, and clean up pollution associated with an operator's oil and gas activities covered under the bond in accordance with the law of the state and the permits, rules, and orders of the commission. (5) A person who chooses to file a form of financial security other than a bond shall also submit a fee of $100 for each application to extend the time to plug a well. (6) If the operator of a well changes, the commission shall require the subsequent operator to file a new bond or alternate form of financial security and the bond or alternate form of financial security of the prior operator shall continue to be required and to remain in effect until the new bond or alternate form of financial security is provided or the commission determines that the financial security previously submitted to the commission by the subsequent operator complies with state law and commission rules. Issued in Austin, Texas, on August 20, 1991. TRD-9110242 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 463-6768 Chapter 5. Transportation Division Subchapter L. Insurance Requirements 16 TAC sec.5.181 The Railroad Commission of Texas adopts on an emergency basis an amendment to sec.5.181, concerning evidence of insurance required. The amendment is adopted on an emergency basis because state law requires that the rule be effective less than 20 days after the adoption of the rule. The amendment is adopted as a result of Senate Bill 691, which is effective on August 26, 1991. The commission has published a proposed amendment to this section for public comment in the July 2, 1991, issue of the Texas Register (16 TexReg 3667), and is considering those comments at this time. The amendment sets the required limits for accidental insurance coverage which may be carried in lieu of workers' compensation insurance. The amendment is adopted on an emergency basis under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, sec.13, which authorizes the commission to set the limits for accidental insurance in lieu of workers' compensation coverage. sec.5.181. Evidence of Insurance Required. (a)-(b) (No change.) (c) Notwithstanding the provisions of subsection (a)(3) of this section, a motor carrier may protect its employees by obtaining accidental insurance coverage from a reliable insurance company authorized to write such policies in this state. The accidental insurance coverage shall cover medical expenses in the principal amount of $150,000, accidental death benefits in the principal amount of $100,000, loss of limb or sight on a scale based on the principal amount of $100,000, and loss of income based on less than 60% of the employee's pre-injury income for no less than 52 weeks. Proof of insurance shall be on a form prescribed by the commission, and shall be filed with the commission. A motor carrier may not be self-insured for the coverage required in this subsection. Issued in Austin, Texas, on August 20, 1991. TRD-9110240 Martha V. Swanger Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: August 26, 1991 Expiration date: December 24, 1991 For further information, please call: (512) 463-7094 TITLE 28. INSURANCE Part I. State Board of Insurance Chapter 7. Corporate and Financial Regulation Subchapter A. Examination and Corporate Custodian and Tax 28 TAC sec.7.82 The State Board of Insurance adopts on an emergency basis new sec.7.82, concerning corporate and financial regulation. Section 7.82 concerns forms and instructions for the preparation and filing of tax returns by surplus lines insurance agents for the 1991 calendar year. This new section is necessary to provide forms and instructions which will facilitate compliance with statutory requirements for reporting and payment of taxes by surplus lines agents to the State Board of Insurance. An imminent peril to the public welfare requires adoption of this new section on an emergency basis in order to enable the board to provide surplus lines agents with forms and instructions in sufficient time for these agents to file tax returns in compliance with the requirements of state law. Timely and accurate payment of the taxes is necessary for support of regulatory functions of the State Board of Insurance. Adoption of this section on an emergency basis includes adoption by reference of forms and instructions as the new section adopts by reference a Form SL-7 and instructions for preparation and filing by surplus lines agents of a semi-annual tax report of insurance placed with unauthorized insurers. The board has filed copies of these forms and instructions with the Secretary of State's Office, Texas Register Section. Persons desiring copies of the forms and instructions can obtain copies from the Tax Administration Division of the State Board of Insurance, William P. Hobby State Office Tower One, Room 808, 333 Guadalupe Street, P.O. Box 149104 Austin, Texas 78714-9104, (512) 322-4233. The new section is adopted on an emergency basis under the Insurance Code, Article 1.04 and Article 1.14-2. The Insurance Code, Article 1.04, authorizes the State Board of Insurance to determine rules in accordance with the laws of this state. The Insurance Code, Article 1.14-2, sec.12, requires surplus lines agents to collect, report, and pay gross premium tax on premium collected by those agents on policies of insurance, and Article 1.14-2, sec.3A, authorizes the State Board of Insurance to promulgate rules to enforce the article. sec.7.82. Preparation of 1991 Tax Returns by Surplus Lines Agents.
                                                                                              The State Board of Insurnce hereby adopts and incorporates herein by reference forms and instructions for the preparation of tax returns by surplus lines insurance agents for the 1991 calendar year. These instructions and forms are published by the State Board of Insurance and may be obtained from the Tax Administration Division of the State Board of Insurance, William P. Hobby State Office Tower One, Room 808, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104, (512) 322-4233. The instructions and forms are more particularly identified as follows: (1) a form identified as the 1991 surplus lines agent's semi-annual tax report of insurance placed with unauthorized insurers (Form SL-7); and (2) a form identified as the instructions for filing the 1991 surplus lines agents' semi-annual tax report of insurance placed with unauthorized insurers (Form SL-7). Issued in Austin, Texas, on August 23, 1991. TRD-9110336 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: August 23, 1991 Expiration date: December 21, 1991 For further information, please call: (512) 463-6327 State Board of Insurance Exempt Filing Notification Pursuant to the Texas Insurance Code, Chapter 5, Subchapter L (Editor's note: As required by the Insurance Code, Article 5.96 and Article 5.97, the Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articlesis not subject to the Administrative Procedure and Texas Register Act, and the final actions printed in this section have not been previously published as proposals. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 1110 San Jacinto Street, Austin.) The State Board of Insurance has adopted, on an emergency basis, an amendment to the Texas Workers' Compensation Statistical Plan (hereafter Unit Statistical Plan), Part XI. The board has approved, on an emergency basis, a revised Table III, including a 0.00% annual rate of escalation for injuries occurring prior to January 1, 1991. For clarification, the existing Table III will be headed "For Injuries Occurring on or After 1/1/91." Since insurance carriers must be immediately directed as to the proper determination of incurred indemnity loss reserves on permanent disability claims pursuant to approved tables under the Unit Statistical Plan, the board has found that there exists a clear and compelling necessity that this action be approved on an emergency basis. This amendment is to be effective immediately upon its approval, as required by Article 5.96(i). This notification is made pursuant to the Texas Insurance Code, Article 5. 96(i), which exempts it from the requirements of the Administrative Procedure and Texas Register 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 August 23, 1991. TRD-9110287 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: August 21, 1991 For further information, please call: (512) 463-6327 The State Board of Insurance has approved on an emergency basis a premium reduction for homeowners insurance for the installation of certain burglar alarm systems, as presented at a board meeting held on August 7, 1991. House Bill 384, as enacted by the 72nd Texas Legislature, amends the Insurance Code, Article 5.33A, to allow a premium reduction in homeowners insurance for the installation of a burglar alarm system which meets the following criteria: all exterior structure openings must be contacted; the system includes an interior and exterior siren; all equipment is Underwriters Laboratories approved; the system is monitored by an Underwriters Laboratories approved central station; all sales, service, installation and monitoring of the system are in compliance with the Private Investigators and Private Security Agencies Act; and the system is inspected by an inspector certified by the Commission on Law Enforcement Officer Standards and Education. The State Board of Insurance adopted a revision of the inspection report that incorporated requirements for the burglar alarm system, a new certificate of compliance to be issued by the State Board of Insurance for risks qualifying for a premium reduction in homeowners insurance due to the installation of an approved burglar alarm system, and revisions to the homeowners manual setting forth a 15% premium reduction credit and rules governing the proper application of the credit. Pursuant to the Insurance Code, Article 5.96(i), the board finds that a clear and compelling necessity requires adoption of these changes on an emergency basis in order that the proper premium reduction credit and applicable certification forms will be available for use on policies effective on and after August 26, 1991. This change is to be effective August 26, 1991. The notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register 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 August 23, 1991. TRD-9110335 Nicholas Murphy Chief Clerk Texas Department of Insurance Effective Date: August 26, 1991 For further information, please call: (512) 463-6327 Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part XIII. Texas National Research Laboratory Commission Chapter 300. Administration 1 TAC sec.sec.300.1-300.6 The Texas National Research Laboratory Commission proposes new sec.sec.300. 1-300.6, concerning the organization of the commission, the conduct of commission meetings, and the rulemaking procedures. The Texas National Research Laboratory Commission proposes the rules to provide the public with a formalized statement of commission policies and procedures in the previously listed areas in order to facilitate interaction between the commission and interested parties. Robert P. Carpenter, director of fiscal affairs for the Texas National Research Laboratory Commission, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Carpenter 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 from providing the public with a greater understanding of how the Texas National Research Laboratory Commission operates and from providing formal guidelines for public participation in the meetings and rulemaking procedures of the Texas National Research Laboratory Commission. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Kenneth S. Welch, Associate Director for Administration, Texas National Research Laboratory Commission, 1801 North Hampton, Suite 400, DeSoto, Texas 75115. The new sections are proposed under the Texas Government Code, sec.465.012, which requires the commission to adopt rules necessary to carry out its powers and duties. sec.300.1. Organization. (a) The Texas National Research Laboratory Commission (agency) is organized under the provisions of the Texas Government Code, Chapter 465. (b) A nine-member commission appointed by the governor sets policy, appoints the executive director, and delegates responsibility to the executive director or the executive director's designee. The commission itself exercises all authority not delegated to the executive director or the executive director's designee. (c) The executive director of the agency exercises those duties and responsibilities delegated to the executive director from time to time by the commission sitting in duly called meeting. The commission may review this delegation of authority at any time, and may authorize new delegation from time to time by rule or resolution. A change of membership does not void a previous delegation of authority to the executive director, and such delegation shall remain effective until revoked or modified by the full commission. (d) To assist the commission and the executive director in the exercise of their statutory functions, the agency shall be organized into divisions, with each division being staffed in accordance with an organization chart as may be approved and amended from time to time by the commission. sec.300.2. Commission Meetings. (a) Regular meetings of the nine-member commission and of any committee of the commission may be held as needed on a date set by the chair of the commission or applicable committee chair, as the case may be. The chair of the commission may call for meetings of the commission at other times. (b) Matters to be considered by the commissioners at these meetings shall be set out in the agenda and proper notice given as required by law, including the date, time, and location of meetings. (c) The executive director shall prepare the agenda of commission and committee meetings and cause its publication in the Texas Register
                                                                                                and posting at public locations at the Ellis County Clerk's Office and the agency's office. (d) All decisions on agenda items shall be by majority vote of the commissioners present and shall be set out in the formal minutes of the meeting. (e) At meetings of the commission or any committee, the agency will provide public comment cards to those in attendance to solicit public participation at the meeting. sec.300.3. Rulemaking Procedure.
                                                                                                  The commission may promulgate and adopt rules, as authorized and required by statute or the Texas Constitution, necessary for the performance of its duties. sec.300.4. Adoption, Amendment, or Repeal of Rules.
                                                                                                    All adoptions, amendments, or repeal of rules must be in compliance with the provisions of the Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a) and related statutes. The commission may use informal conference and consultations with agency staff and others as means of obtaining the viewpoints and advice of interested persons concerning contemplated rulemaking. The commission may appoint advisory committees of experts or interested persons or representatives of the general public to advise it with respect to any contemplated rulemaking. sec.300.5. Petition for Adoption of Rules.
                                                                                                      Any interested person may petition the commission requesting the amendment, adoption, or repeal of a rule. Such petition must be in writing and signed by the person or persons requesting the amendment, adoption, or repeal. A petition will be deemed to be filed only when a signed copy for each commission member is received at the office of the commission, together with any fee required by statute or rule. A petition may be in any legible form, but must contain at least the following information: (1) the full name, complete mailing address, and telephone number of the person or persons on whose behalf the petition is filed; (2) the category number and title under which it is proposed that the action be taken. If the request is to amend or repeal an existing rule, the existing rule must be identified by number and title; (3) an explanation of the proposed rule, or an explanation of the amendment or reason for repeal if an amendment or repeal is being requested. The explanation should include any relevant background necessary to an understanding of the rule and must include a statement of any foreseeable effects of the requested action should that action be taken; (4) a statement of the statutory or other authority under which the requested action may be taken. sec.300.6. Petition Decision by Commission.
                                                                                                        Within 60 days following the first public meeting of the commission after submission of a petition requesting the amendment, adoption, or repeal of a rule, the commission must either deny the petition in writing, stating its reasons for the denial, or initiate rulemaking proceedings in accordance with sec.300.4 of this title (relating to Adoption, Amendment, or Repeal of Rules). 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 Dallas, Texas, on August 22, 1991. TRD-9110296 Edward C. Bingler Executive Director Texas National Research Laboratory Commission Earliest possible date of adoption: October 16, 1991 For further information, please call: (214) 709-3800 TITLE 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 60. Texas Commission of Licensing and Regulation Subchapter B. Organization of the Commission of Licensing and Regulation 16 TAC sec.60.25 The Texas Commission of Licensing and Regulation proposes an amendment to sec.60.25, concerning the general powers and duties of commission to adopt rules to deny an applicant a license who has a criminal background. These rules will also set up a criteria to be used as a guideline for the commission to examine an applicant's circumstances before and after the crime was committed. The rights of the applicant is also addressed and the procedures to follow as set forth in Texas Civil Statutes, Article 6252-13c and Article 625213d. Elvis G. Schulze, 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. Schulze 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 screening of applicants so to help assure the public's safety in reference to people this agency license and regulate. 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 Elvis G. Schulze, General Counsel, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78767. The amendment is proposed under Texas Civil Statutes, Article 9100, sec.12, which provides the commission with the authority to adopt rules as necessary for its own procedures. sec.60.25. General Powers and Duties of Commission. (a)-(e) (No change.) (f) Denial of license: criminal background. (1) The following criteria shall be utilized to determine whether an applicant shall be issued a license if that applicant states in their application for said license that they have previously been or are presently under conviction for a criminal offense: (A) the nature and seriousness of the crime; (B) the relationship of the crime to the purpose of requiring a license to engage in the occupation or industry; (C) the extent to which a license might offer an opportunity to engage in further criminal activity of the same or similar type as that in which the applicant previously had been involved; (D) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the functions and responsibilities of the licensed occupation or industry. (2) In addition to the factors that may be considered in paragraph (1) of this subsection, the department, in Texas determining the present fitness of a person who has been convicted of a crime, may consider the following: (A) the extended nature of the person's past criminal activity; (B) the age of the person at the time of the commission of the crime; (C) the amount of time that has elapsed since the person's last criminal activity; (D) the conduct and work activity of the person prior to and following the criminal activity; (E) evidence of the person's rehabilitation or attempted rehabilitation effort while incarcerated or following release; and (F) other evidence of the person's present fitness including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person, the sheriff and chief of police in the community where the person resides, and any other persons in contact with the convicted person (3) It shall be the responsibility of the applicant to the extent possible to secure and provide to the licensing authority the recommendations of the prosecution, law enforcement, and correctional authorities as required by these rules. (4) The applicant should also furnish proof in any form, as may be required by the licensing authority, that they have maintained a record of steady employment and have otherwise maintained a record of good conduct and have paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which the applicant had been convicted. (5) If the department denies a person a license or the opportunity to be examined for a license in accordance with these rules because of the person's prior conviction of a crime and the relationship of the crime to the license, the department shall: (A) notify the person in writing stating reasons for denial or disqualification; (B) use the review procedure provided by Texas Civil Statutes, Article 6252-13c and Article 6252-13d. (6) The department will be concerned with those offenses defined as crimes of moral turpitude by statute or common law; Class A misdemeanors to first, second, and third degree felonies carrying fines and/or imprisonment or both. Special emphasis shall be given to crimes of robbery, burglary, theft, embezzlement, and conversion. (g)
                                                                                                          [(f)] The reasonable and necessary fees, authorized by Texas Civil Statutes, Article 9100, to cover the costs of administering the programs and activities of the department, are set as outlined in Subchapter C of this chapter (relating to Fees). The fees are based on a cost management procedure which aids in determining with reasonable accuracy the cost to the department of each program and activity. (h)
                                                                                                            [(g)] Citizens who do not speak English or who have a physical, mental, or developmental disability will be provided reasonable access to the commission itself and to the commission's programs in that: (1)-(5) (No change.) (i)
                                                                                                              [(h)] Consumers and service recipients will be notified of the name, mailing address, and telephone number of the department for purposes of directing complaints to the department. The notification shall be included on: (1) -(4) (No change.) (j)
                                                                                                                [(i)] In a contested case, administrative penalties may be assessed against the Respondent(s) and formal orders will be issued by the commission as outlined in Texas Civil Statutes, Article 9100, sec.17. 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 21, 1991. TRD-9110282 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: September 30, 1991 For further information, please call: (512) 463-3127 TITLE 22. EXAMINING BOARDS Part XIX. Polygraph Examiners Board Chapter 393. General 22 TAC sec.393.7 The Polygraph Examiners Board proposes an amendment to s393.7, concerning the definition of a polygraph examination. A definition of a polygraph examination will provide a clear understanding as to what is involved in a polygraph examination. Bryan M. Perot, executive director, 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. Perot 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 to continue an effective program to insure the citizenry of this state competent polygraph service in compliance with the intent of the 1965 state legislature. 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 Bryan M. Perot, Executive Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773. The amendment is proposed under Texas Civil Statutes, Article 4413(29cc), which provide the Polygraph Examiners Board with the authority to regulate persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation. sec.393.7. Polygraph Examination.
                                                                                                                  "Polygraph Examination" means the employment of any instrument to graphically record simultaneously the physiological changes in human respiration, cardiovascular activity, and any other physiological changes that can be recorded for the purpose of verifying truth or detecting deception and includes the reading and interpretation of polygraphic records and results. The examination should conform with recognized principles taught or imparted by approved and recognized institutions outlined in s391.3(13) of this title (relating to Internship Training Schedule) . 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 20, 1991. TRD-9110202 Bryan M. Perot Executive Officer Polygraph Examiners Board Earliest possible date of adoption: September 30, 1991 For further information, please call: (512) 465-2058 Chapter 395. Code of Operating Procedure for Polygraph Examiners 22 TAC sec.395.2 The Polygraph Examiners Board proposes an amendment to s395.2, concerning marking questions and answers. This rule is amended for the ultimate benefit of the public. Bryan M. Perot, executive officer, 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. Perot 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 the polygraph industry will be more closely regulated in areas that the board determines to be critical. 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 Bryan M. Perot, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773. The amendment is proposed under Texas Civil Statutes, Article 4413(29cc), which provide the Polygraph Examiners Board with the authority to regulate persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation. sec.395.2. Marking Questions and Answers.
                                                                                                                    All questions asked a subject during a polygraph examination by the examiner and all subject's answers shall be marked on each polygraph chart. Such marking shall be accomplished by making a stimulus mark at the exact point on each polygraph chart where questions commenced, concluded, and the subject's answer was given. Each polygraph examination administered shall have a written question sheet which contains the exact wording of every question asked. The use of abbreviations is prohibited, unless they are defined on the question sheet.
                                                                                                                      Questions on question sheets may be identified by numbers, letters, or any combination thereof. Each question asked on every polygraph chart shall be noted by marking the letter, number, or combination of same in the proximate area of the stimulus marks so that the relationship of the question asked on the chart and the question sheet may be reasonably identified. Question sheets shall be regarded as pertinent papers and subject to filing and retention requirements identified in this Act, Regulation 395.4. 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 20, 1991. TRD-9110203 Bryan M. Perot Executive Officer Polygraph Examiners Board Earliest possible date of adoption: September 30, 1991 For further information, please call: (512) 465-2058 22 TAC sec.395.13 The Polygraph Examiners Board proposes an amendment to s395.13 concerning the expiration of licenses. The amendment is proposed for the ultimate benefit of the public. Bryan M. Perot, executive officer, 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. Perot 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 the polygraph industry will be more closely regulated in areas that the board determines to be critical. There will be no effect on small businesses. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Bryan M. Perot, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773. The amendment is proposed under Texas Civil Statutes, Article 4413(29cc), which provide the Polygraph Examiners Board with the authority to regulate persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation. sec.395.13. Expiration of Licenses. (a)
                                                                                                                        At the end of the 31st day of December of the current year, every original and subsequently renewed polygraph examiner's license covered under the Polygraph Examiners Act (the Act) shall expire. Thereafter, each original and subsequently renewed polygraph examiner's license shall be issued to cover a period from January 1 of each calendar year through December 31 of that same calendar year, dates inclusive. Originally and subsequently renewed licensed examiners shall be issued a license dated in accordance with the Act, sec.17A and date of expiration will be December 31 of that calendar year. At the time of issuance of such license or renewal the examiner shall annually furnish to the board a bond or insurance policy which shall remain in force as a requisite to initial and continued licensure. At no time shall a license to be considered issued and valid unless a bond or insurance policy is in force and certification thereof is furnished to the board. (b) Furthermore, for renewal purposes only, and not for initial licensing, no license shall be renewed upon the licensee's defaulting on a guaranteed student loan when the licensee's name has appeared on a list provided the board by the Texas Guaranteed Student Loan Corporation (TGSLC) in accordance with the Texas Education Code, sec.57.491 unless: (1) the renewal is the first renewal following the agency's receipt of the list including the licensee's name among those in default; or (2) the licensee presents to the agency a certificate issued by the corporation certifying that: (A) the licensee has entered a repayment agreement on the defaulted loan; or (B) the licensee is not in default on a loan guaranteed by the corporation. 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 21, 1991. TRD-9110230 Bryan M. Perot Executive Officer Polygraph Examiners Board Earliest possible date of adoption: September 30, 1991 For further information, please call: (512) 465-2058 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 1. Texas Board of Health Definition, Treatment, and Disposition of Special Waste from Health Care Related Facilities 25 TAC sec.sec.1.132, 1.136, 1.137 The Texas Department of Health (department) proposes amendments to sec.1.132, sec.1.136, and sec.1.137, concerning the definition, treatment, and disposition of special waste from health care related facilities. The sections cover definitions, approved methods of treatment and disposition, and enforcement of Title 25, Texas Administrative Code, Chapter 1. The amendments will clarify the requirements for chemical disinfection of medical waste; add new methods of treatment for medical waste; and bring the language concerning emergency medical service providers into conformance with regulation of emergency medical service providers by the department as required by Senate Bill 312, 71st Legislature, 1989. Stephen Seale, Chief Accountant III, Budget Division, 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. There will be a lower cost option available to state and local governments which operate facilities that generate untreated medical waste. The cost of an incinerator for medical waste which will meet new air quality standards can be in excess of $3 million. The cost to upgrade an existing incinerator may be as much as a new incinerator because of required monitoring equipment and air cleaning devices. Equipment for treatment by electromagnetic radiation will cost approximately $700,000 if installed on site. This will reduce the capital outlay requirements for hospitals; however, not all types of medical waste may be treated by these methods. In particular, body parts, organs, and tissues will require incineration or interment. Metallic objects, such as needles and scalpel blades, do not appear to be appropriate for treatment by these technologies. Use of these methods for treating medical waste could allow existing incinerators to operate at lower capacity with less stringent control requirements or would allow the off-site treatment of metallic objects and body parts with a lower cost because of smaller total volume requiring off-site treatment. If the new methods are combined with waste shredding operations, then the total volume of material sent for landfill disposal will be reduced although not to the same extent that incineration would reduce the volume. Shredding operations may provide a mechanism for recovery of plastics from the waste stream for recycling. The rules will provide for an alternative treatment methodology for many types of medical waste at a lower cost than incineration. Hospitals and large health care related facilities will be affected most. 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 to reduce public concern about medical waste treatment by providing an alternative to incineration and its associated potential for air pollution, and a reduction in the volume of waste disposed of in landfills if the waste is shredded prior to, or after treatment. There will be a lower cost option available to small and large businesses which operate facilities that generate untreated medical waste, to the same extent that such options are available to state and local governments. There will be no direct costs to persons and no impact on local employment. A public hearing on the proposed rules will be held at 10 a.m., on Tuesday, September 17, 1991, in the auditorium of the Texas Department of Health in Austin. Written and oral comments on the rules may be provided at that time. In addition, written comments may be submitted until 4 p.m. on September 30, 1991. Written comments should be mailed to: T. A. Outlaw, Jr., P.E., Chief, Bureau of Solid Waste Management, 1100 West 49th Street, Austin, Texas 78756-3199. Telephone inquires may be made to Mr. Outlaw or L. E. Mohrmann, Ph.D., C.P.C., at (512) 458-7271. The amendments are proposed under the Health and Safety Code, sec.sec.81.081-81. 092, which provides the Board of Health with the authority to prevent and control communicable disease; sec.142.012, which provides the board with the authority to adopt rules concerning home health agencies; sec.241.026, which provides the board with the authority to adopt rules concerning hospital licenser; sec.243.009, which provides the board with the authority to adopt rules concerning ambulatory surgical centers; sec.244.009, which provides the board with the authority to adopt rules covering birthing centers; sec.245.009 and sec.245.010, which provides the board with the authority to adopt rules covering abortion facilities; sec.361.011 and sec.361.024, which establishes the department's jurisdiction for municipal solid waste; sec.694.001, which provides the board with the authority to regulate the disposition of dead bodies; sec.773. 041, as amended by Senate Bill 312, 71st Legislature, 1989, concerning the department's authority to regulate emergency medical service providers; and sec.12.001, which provides the Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the board, the Texas Department of Health, and the commissioner of health. sec.1.132. Definitions.
                                                                                                                          The following words and terms, when used in this undesignated head, shall have the following meanings unless the context clearly indicates otherwise.
                                                                                                                            Chemical disinfection -The use of a chemical agent to reduce significantly microbial activity. The chemical agent used shall be registered with the United States Environmental Protection Agency as a disinfectant and shall be used in accordance with the manufacturer's instructions, or the waste shall be immersed for not less than three minutes in: (A) a freshly prepared solution of household bleach diluted 1:10 with water; or (B) a solution of 70% by volume 2-propanol (isopropyl alcohol).
                                                                                                                              Moist heat disinfection-Moist heat disinfection is: (A) the subjection of internally shredded waste to moist heat, assisted by microwave radiation, to a temperature of at least 95 degrees Celsius under atmospheric pressure for at least 30 minutes, causing adequate disinfection as verified by routine performance monitoring using bacillus subtilis test indicators; or (B) the subjection of unshredded waste in sealed containers to moist heat, assisted by low-frequency radiowaves, to a temperature of at least 90 degrees Celsius under atmospheric pressure for at least two hours.
                                                                                                                                Pathological waste -Pathological waste includes, but is not limited to: (A) (No change.) (B) products of spontaneous or induced
                                                                                                                                  human abortions, including body parts, tissues, fetuses, organs, and bulk blood and body fluids; regardless of the period of gestation; (C)-(D) (No change.) sec.1.136. Approved Methods of Treatment and Disposition. (a) Introduction. The following treatment and disposition methods for special waste from health care related facilities are approved by the Board of Health (board)
                                                                                                                                    [board] for the waste specified. Where a special waste from a health care related facility is also subject to the sections in Chapter 289 of this title (relating to Occupational Health and Radiation Control), the sections in Chapter 289 shall prevail over the sections in this undesignated head. (1) Animal waste. Animal waste shall be subjected to one of the following methods of treatment and disposal. (A)-(B) (No change.) (C) Bulk whole blood, serum, plasma, and/or other blood components from animals intentionally exposed to pathogens shall be subjected to one of the following methods of treatment and disposal: (i)-(vi)
                                                                                                                                      (No change.) (vii)
                                                                                                                                        chemical disinfection followed by grinding and discharging into a sanitary sewer system; [or] (viii)
                                                                                                                                          bulk blood, serum, plasma, and/or other blood components of animals intentionally exposed to pathogens which are not contagious which may be buried on site under the supervision of a veterinarian licensed to practice veterinary medicine in the State of Texas ; or
                                                                                                                                            [.] (ix) moist heat disinfection followed by deposition in a sanitary landfill
                                                                                                                                              . (D) Bedding of animals intentionally exposed to pathogens shall be subjected to one of the following methods of treatment and disposal: (i)
                                                                                                                                                (No change.) (ii)
                                                                                                                                                  incineration followed by deposition of the residue in a sanitary landfill; [or] (iii)
                                                                                                                                                    bedding of animals intentionally exposed to pathogens which are not contagious which may be buried on site under the supervision of a veterinarian licensed to practice veterinary medicine in the State of Texas ; or
                                                                                                                                                      [.] (iv) moist heat disinfection followed by deposition in a sanitary landfill
                                                                                                                                                        . (2) Bulk human blood and blood products. Bulk human blood and blood products shall be subjected to one of the following methods of treatment and disposal: (A)-(C) (No change.) (D) chemical disinfection followed by deposition in a sanitary landfill; [or] (E) chemical disinfection followed by grinding and flushing into a sanitary sewer system; or (F) moist heat disinfection followed by deposition in a sanitary landfill
                                                                                                                                                          . (3) Microbiological waste. Microbiological waste shall be subjected to one of the following methods of treatment and disposal. (A) Cultures and stocks of infectious agents and associated biologicals shall be subjected to one of the following methods of treatment and disposal: (i)-(ii)
                                                                                                                                                            (No change.) (iii)
                                                                                                                                                              thermal inactivation followed by deposition in a sanitary landfill; [or] (iv)
                                                                                                                                                                chemical disinfection followed by deposition in a sanitary landfill; or
                                                                                                                                                                  [.] (v) moist heat disinfection followed by deposition in a sanitary landfill
                                                                                                                                                                    . (B) Cultures of specimens from medical, pathological, pharmaceutical, research, clinical, commercial, industrial, and veterinary laboratories shall be subjected to one of the following methods of treatment and disposal: (i)-(ii)
                                                                                                                                                                      (No change.) (iii)
                                                                                                                                                                        thermal inactivation followed by deposition in a sanitary landfill; [or] (iv)
                                                                                                                                                                          chemical disinfection followed by deposition in a sanitary landfill; or
                                                                                                                                                                            [.] (v) moist heat disinfection followed by deposition in a sanitary landfill
                                                                                                                                                                              . (C) Discarded live and attenuated vaccines shall be subjected to one of the following methods of treatment and disposal: (i) -(ii)
                                                                                                                                                                                (No change.) (iii)
                                                                                                                                                                                  thermal inactivation followed by deposition in a sanitary landfill; [or] (iv)
                                                                                                                                                                                    chemical disinfection followed by deposition in a sanitary landfill; or
                                                                                                                                                                                      [.] (v) moist heat disinfection followed by deposition in a sanitary landfill
                                                                                                                                                                                        . (D) Disposable culture dishes shall be subjected to one of the following methods of treatment and disposal: (i)-(ii)
                                                                                                                                                                                          (No change.) (iii)
                                                                                                                                                                                            thermal inactivation followed by deposition in a sanitary landfill; [or] (iv)
                                                                                                                                                                                              chemical disinfection followed by deposition in a sanitary landfill; or
                                                                                                                                                                                                [.] (v) moist heat disinfection followed by deposition in a sanitary landfill. (E) Disposable devices used to transfer, inoculate, and mix cultures shall be subjected to one of the following methods of treatment and disposal: (i) -(ii)
                                                                                                                                                                                                  (No change.) (iii)
                                                                                                                                                                                                    thermal inactivation followed by deposition in a sanitary landfill; [or] (iv)
                                                                                                                                                                                                      chemical disinfection followed by deposition in a sanitary landfill; or
                                                                                                                                                                                                        [.] (v) moist heat disinfection followed by deposition in a sanitary landfill
                                                                                                                                                                                                          . (4) Pathological waste. Pathological waste shall be subjected to one of the following methods of treatment and disposal. (A) Human materials removed during surgery, labor and delivery, autopsy, or biopsy shall be subjected to one of the following methods of treatment and disposal: (i)-(iii)
                                                                                                                                                                                                            (No change.) (iv)
                                                                                                                                                                                                              bulk human blood and body fluids removed during surgery, labor and delivery, autopsy, or biopsy: (I) -(V) (No change.) (VI) chemical disinfection followed by deposition in a sanitary landfill; [or] (VII) chemical disinfection followed by grinding and discharging into a sanitary sewer system; or
                                                                                                                                                                                                                [.] (VIII) moist heat disinfection followed by deposition in a sanitary landfill
                                                                                                                                                                                                                  . (B) The products of spontaneous or induced
                                                                                                                                                                                                                    human abortion shall be subjected to one of the following methods of treatment and disposal: (i)
                                                                                                                                                                                                                      (No change.) (ii)
                                                                                                                                                                                                                        blood and body fluids: (I)-(V) (No change.) (VI) chemical disinfection followed by deposition in a sanitary landfill; [or] (VII) chemical disinfection followed by grinding and discharging into a sanitary sewer system ; or
                                                                                                                                                                                                                          [. ] (VIII) moist heat disinfection followed by deposition in a sanitary landfill
                                                                                                                                                                                                                            . (C) Laboratory specimens of blood and/or tissues shall be subjected to one of the following methods of treatment and disposal: (i) -(ii)
                                                                                                                                                                                                                              (No change.) (iii)
                                                                                                                                                                                                                                steam sterilization followed by grinding and discharging into a sanitary sewer system; [or] (iv)
                                                                                                                                                                                                                                  incineration followed by deposition of the residue in a sanitary landfill; or
                                                                                                                                                                                                                                    [.] (v) moist heat disinfection followed by deposition in a sanitary landfill
                                                                                                                                                                                                                                      . (D) (No change.) (5) Sharps. Sharps shall be subjected to one of the following methods of treatment and disposal. (A)-(C) (No change.) (D) Pasteur pipettes shall be subjected to one of the following methods of treatment and disposal: (i)
                                                                                                                                                                                                                                        (No change.) (ii)
                                                                                                                                                                                                                                          steam sterilization, and if the item can cause puncture wounds, placement in a puncture-resistant container and deposition in a sanitary landfill; [or] (iii)
                                                                                                                                                                                                                                            incineration, and if item can cause puncture wounds, placement in a puncture-resistant container and deposition in a sanitary landfill; or
                                                                                                                                                                                                                                              [.] (iv) moist heat disinfection followed by deposition in a sanitary landfill
                                                                                                                                                                                                                                                . (E) Broken glass from laboratories shall be subjected to one of the following methods of treatment and disposal: (i)
                                                                                                                                                                                                                                                  (No change.) (ii)
                                                                                                                                                                                                                                                    steam sterilization, and if the item can cause puncture wounds, placement in a puncture-resistant container and deposition in a sanitary landfill; [or] (iii)
                                                                                                                                                                                                                                                      incineration, and if item can cause puncture wounds, placement in a puncture-resistant container and deposition in a sanitary landfill; or
                                                                                                                                                                                                                                                        [.] (iv) moist heat disinfection followed by deposition in a sanitary landfill
                                                                                                                                                                                                                                                          . (b)-(c) (No change.) sec.1.137. Enforcement. (a) Within one year of the effective date of these sections, the appropriate regulatory programs of the department shall incorporate the definition and methodology contained in these provisions into their respective general program rules and shall formulate and present for the board's consideration such additional rules as are necessary for the internal collection, storage, handling, movement, treatment, and disposition of special waste from health care related facilities generated within or by the following facilities or activities: (1)-(3) (No change.) (4) emergency medical service providers
                                                                                                                                                                                                                                                            [services]; (5)-(8) (No change.) (b) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 26, 1991. TRD-9110343 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: October 26, 1991 For further information, please call: (512) 458-7271 Chapter 37. Maternal and Child Health Services (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Health or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Department of Health (department) proposes the repeal of sec.sec.37. 171-37.180, and proposes new sec.sec.37.171-37.184, concerning midwives. The new sections will replace the existing sections and implement the requirements of the Texas midwifery law, Texas Civil Statutes, Article 4512i, as amended by Senate Bill 346, 72nd Legislature, effective September 1, 1991. The new sections will cover purpose; definitions; duties of the Texas Board of Health, Midwifery Board, Department of Health, and Midwifery Program Coordinator; Midwifery Board meetings; annual documentation of midwives; additional information required of midwives; the informed choice and disclosure statement; complaint procedure; publishing of reports on the practice of midwifery in Texas; education of midwives; newborn screening requirements and procedures; administering of eye prophylaxis; support services; injunctions; and civil and criminal penalties. Stephen Seale, Chief Accountant III, Budget Office has determined that for the first five-year period the sections and repeals are in effect, there will be fiscal implications to state government. There will be an estimated one time additional cost to the department of $5,000 in fiscal year 1992 for a computer program. There will be no costs to the department for fiscal years 1993-1996. There will be an estimated increase in revenue to the department from the collection of fees in the amount of $28,750 for fiscal year 1992, $28,250 for fiscal year 1993, and $25,000 for fiscal years 1994-1996. There will be no cost to local government. Mr. Seale also has determined that for each year of the first five years the repeals and sections are in effect the public benefit anticipated as a result of enforcing the sections and repeals will be the update and clarity of the requirements concerning the practice of midwifery in Texas, primarily in the following areas: education; C.P.R. certification; documentation; complaints; support services; informed choice and disclosure; and newborn treatment. There will be a cost to individual midwives of a $50 fee for yearly documentation, with a $25 fee for late filing; a $50 fee for the present basic educational information course; and a $25 fee for the exam. There will be no costs to small businesses and no impact on local employment. Comments on the proposed repeals and new sections may be sent to Joey Alexander, Midwifery Program Coordinator, Maternal and Family Planning Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458-7700. Comments will be accepted for 30 days after publication in the Register. The repeals and new sections are proposed under the Texas Midwifery Act, Texas Civil Statutes, Article 4512i, sec.8A, which authorizes the Midwifery Board, subject to approval by the Texas Board of Health, to adopt rules to implement the Act; Health and Safety and Safety Code, sec.12.001, which authorizes the Texas Board of Health to adopt rules to implement every duty imposed on the board by law. Lay Midwives 25 TAC sec.sec.37.171-37.180 The repeals are proposed under the Texas Midwifery Act, Texas Civil Statutes, Article 4512i, sec.8A, which authorizes the Midwifery Board, subject to approval by the Texas Board of Health, to adopt rules to implement the Act; and Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the Commissioner of Health. sec.37.171. Purpose. sec.37.172. Definitions. sec.37.173. Procedure for the Identification of the Lay Midwife to the County Clerks. sec.37.174. Disclosure of the Limitations of the Skills and Practices of the Lay Midwife. sec.37.175. Complaints. sec.37.176. Lay Midwifery Manual. sec.37.177. Lay Midwifery Course. sec.37.178. Course Instructors. sec.37.179. Eligibility To Take The Final Examination. sec.37.180. The Final Examination. 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 26, 1991. TRD-9110341 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: October 26, 1991 For further information, please call: (512) 458-7700 25 TAC sec.sec.37.171-37.184 The new sections are proposed under the Texas Midwifery Act, Texas Civil Statutes, Article 4512i, sec.8A, which authorizes the Midwifery Board, subject to approval by the Texas Board of Health, to adopt rules to implement the Act; and Health and Safety Code, sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. sec.37.171. Purpose.
                                                                                                                                                                                                                                                              The purpose of these sections is to describe the duties of the Midwifery Board and the Texas Department of Health (department) ; the requirements of midwives for annual documentation with the department's midwifery program; the present educational options; continuing education; mandatory education beginning in September 1993; the contents of an informed choice/disclosure statement form; and penalties. sec.37.172. Definitions.
                                                                                                                                                                                                                                                                The following words and terms, when used in this undesignated head, shall have the following meanings unless the context clearly indicates otherwise.
                                                                                                                                                                                                                                                                  Act-The Texas Midwifery Act, Texas Civil Statutes, Article 4512i.
                                                                                                                                                                                                                                                                    Appropriate health care facility-The Department of Health, a local health department, a public health district, a local health unit or a physician's office where specified tests can be administered and read, and where other medical/clinical procedures normally take place.
                                                                                                                                                                                                                                                                      Approved midwifery education course-The basic midwifery education course that satisfies the requirements established by the Midwifery Board and approved by the Texas Board of Health.
                                                                                                                                                                                                                                                                        Board-The Texas Board of Health.
                                                                                                                                                                                                                                                                          Certified nurse-midwife -A registered nurse licensed in Texas, recognized by the Board of Nurse Examiners as an advanced nurse practitioner, and certified by the American College of Nurse-Midwives.
                                                                                                                                                                                                                                                                            Code-Texas Health and Safety Code.
                                                                                                                                                                                                                                                                              Commissioner-The commissioner of health.
                                                                                                                                                                                                                                                                                Course-Courses include: (A) the optional/voluntary basic information midwifery course and exam which has been in effect since l983, and which will be replaced in September 1993 by mandatory education; (B) a basic midwifery education course which the Midwifery Board may determine to be appropriate and acceptable for ongoing basic midwifery education; (C) mandatory basic midwifery education courses which will become effective in September 1993; and (D) mandatory continuation education courses which will start in September 1993.
                                                                                                                                                                                                                                                                                  Department-The Texas Department of Health.
                                                                                                                                                                                                                                                                                    Documentation-The annual identification of midwives under the Texas Midwifery Act.
                                                                                                                                                                                                                                                                                      Financially responsible adult-A parent, guardian, spouse, conservator, or any other person whom the laws of the State of Texas hold responsible for debts incurred as a result of hospitalization or treatment.
                                                                                                                                                                                                                                                                                        Health authority -A physician who administers state and local laws regulating public health under the Health and Safety Code, Chapter 121, Subchapter B.
                                                                                                                                                                                                                                                                                          Local health department-A department of health created by the governing body of a municipality or a county under the Health and Safety Code, Chapter 121, Subchapter C.
                                                                                                                                                                                                                                                                                            Local health unit-A division of a municipality or county government that provides limited public health services as provided by the Health and Safety Code, sec.121.004.
                                                                                                                                                                                                                                                                                              Midwife-A person who practices midwifery under the Texas Midwifery Act and has met the requirements and standards of the Midwifery Board in these sections.
                                                                                                                                                                                                                                                                                                Midwifery-The practice by a midwife of giving the necessary supervision, care, and advice to a woman during normal pregnancy labor and the postpartum period; conducting a normal delivery of a child; and providing newborn care.
                                                                                                                                                                                                                                                                                                  Midwifery Board -The Midwifery Board appointed by the Texas Board of Health.
                                                                                                                                                                                                                                                                                                    Newborn care-The care of a child for the first six weeks of the child's life.
                                                                                                                                                                                                                                                                                                      Normal childbirth -The labor and delivery at or close to term (37-41 weeks) of a pregnant woman whose assessment reveals no abnormality or signs or symptoms of complications.
                                                                                                                                                                                                                                                                                                        Physician-A physician licensed to practice medicine in Texas by the Board of Medical Examiners.
                                                                                                                                                                                                                                                                                                          Postpartum care -The care of a woman for the first six weeks after the woman has given birth.
                                                                                                                                                                                                                                                                                                            Program-The department's midwifery program.
                                                                                                                                                                                                                                                                                                              Public health district-A district created under the Health and Safety Code, Chapter 121, Subchapter D.
                                                                                                                                                                                                                                                                                                                Standing delegation orders-Written instructions, orders, rules, regulations, or procedures prepared by a physician for patients/clients seen in public health clinics, as described in 22 Texas Administrative Code, sec.193.2. sec.37.173. Duties of the Texas Board of Health, the Midwifery Board, the Texas Department of Health, and the Midwifery Program Coordinator. (a) The Texas Board of Health (board) appoints members of the Midwifery Board and reviews and acts on rules and other materials submitted by the Midwifery Board. (b) The Midwifery Board reports directly to the board; adopts rules and other materials for approval by the board concerning the midwifery program; and advises the Department of Health (department) on implementing the midwifery program. (c) The department, with the advice of the Midwifery Board, employs a midwifery program coordinator and other necessary staff to implement the program; enters into required contracts or agreements; and prepares and distributes basic information and instruction manuals. (d) The midwifery program coordinator is employed by the department, with the consultation of the Midwifery Board, to coordinate the midwifery program and supervise the staff necessary to administer the midwifery program. The staff's administrative duties include keeping minutes of Midwifery Board meetings; maintaining a roster of documented midwives; and maintaining educational records. sec.37.174. Midwifery Board Meetings. (a) Membership. Members are appointed by the Texas Board of Health (board) in accordance with the composition specified by the Texas Midwifery Act. A record of attendance shall be kept at each meeting. If a member misses two consecutive meetings, written notice shall be given to the member. A third consecutive absence from a regularly scheduled meeting shall be grounds for membership termination by the board. (b) Officers. Midwifery Board officers shall consist of a chairperson from one of the public interest members and vice-chairperson from any of the other members. The officers are selected at the Midwifery Board's first regular meeting, and thereafter as terms expire or vacancies are otherwise created. Officers shall serve two-year terms and shall be eligible for re-election for one additional term. The chairperson shall be the presiding officer of the Midwifery Board. The vice-chairperson shall assume the authority and duties of the chairperson in his/her absence. (c) Meetings. (1) Frequency. The Midwifery Board shall meet at least semi-annually and at other times when called by the Midwifery Board or the board. Notice of the time, date, place, and purpose of regular meetings shall be provided to the members by mail or by telephone or both, at least seven days in advance of each meeting. (2) Quorum. A majority of the Midwifery Board's members constitutes a quorum for the transaction of business at any meeting. A majority is defined as more than one-half of the membership. The Midwifery Board may act only by majority vote of its members present and voting. Each member shall be entitled to one vote. Proxy votes shall not be allowed. (3) Subcommittees. The subcommittees of the Midwifery Board shall be appointed from the membership by the chairperson with such powers and responsibilities as shall be delegated to them by the chairperson. (4) Parliamentary procedure. Parliamentary procedures for all Midwifery Board or subcommittee meetings shall be conducted in accordance with the latest edition of Robert's Rules of Order, except that the chairperson may vote on any actions as any other member. In case of a tie vote, the chairperson's vote will be the tie breaker. (5) Minutes. Minutes of all Midwifery Board meetings shall be prepared and transmitted to the members for their review prior to subsequent meetings. (6) Public participation. All requests from the public to participate in Midwifery Board meetings shall be submitted to the chairperson. He/she may approve participation and may limit, as necessary, the time for each participant to address the Midwifery Board. Written comments are encouraged, and may be submitted to the Midwifery Board for its consideration. (7) Terms of office. The members of the Midwifery Board serve for staggered terms of six consecutive years, with the terms of four members expiring on January 31st of each odd-numbered year. (d) Compensatory per diem. Each Midwifery Board member is entitled to receive compensatory per diem for each Midwifery Board meeting, or subcommittee meeting attended, in accordance with the rate established in the current general appropriations act, and the per diem and travel allowances authorized for state employees. (e) Texas Open Meeting Act. All meetings of the Midwifery Board shall be in accordance with the Texas Open Meetings Act, Texas Civil Statutes, Article 6252-17. sec.37.175. Annual Documentation. (a) Upon request by a midwife, an application for initial documentation will be provided by the Midwifery Program and an application for annual re-documentation will be sent to each midwife from the Midwifery Program by the end of October of each year. (b) Application for initial documentation by a midwife may take place at any time during the year, and must be accompanied by a $50 nonrefundable fee (cashiers check or money order requested). This application must be made and completed before a midwife may begin to practice in Texas. Practicing midwifery in Texas without documentation is subject to criminal and civil penalties under the Texas Midwifery Act. The documentation extends through December 31st of each year. (c) Application for annual re-documentation by a midwife shall take place in the month of December with the midwifery program. A nonrefundable application fee of $50 (cashiers check or money order requested) must accompany the application. The documentation period is from January 1st through December 31st of the following year. (d) Application for renewal of documentation by a midwife submitted after January 1st of each year will carry a nonrefundable late filing fee of $25 in addition to the $50 application fee (cashiers check or money order requested). There will be a grace period of 10 days for late filing. After January 10 of each year, the midwife will have to re-apply for documentation. The midwife is not authorized to practice midwifery during this time until the documentation has been completed. (e) Each application must include proof of current adult and infant CPR certification; a form (Midwife Training Certification Form, Newborn Screening Specimen Collection) to show that the midwife has either been approved to do newborn screening by a physician or appropriate health care facility, or has an arrangement (Newborn Screening Arrangements For Newborn Babies of Midwife Clients) with a physician or appropriate health care facility to do the newborn screening; and any other identifying and demographic information which the Midwifery Board determines to be necessary. (f) Each application will be on duplicating paper; the original will remain with the Midwifery Program and the copy will be returned to the midwife. (g) The Midwifery Program will send an application packet to each midwife who applies for initial documentation or applies for re-documentation. Each packet will include a copy of the law, the rules, and other documents necessary for the midwife's practice, such as the Department of Health publication titled, "Legal Responsibilities of Midwives under Statutes and Rules of the State of Texas." (h) A midwifery roster shall be maintained by the Midwifery Program and shall contain identifying information, such as annual requirements and educational information. (i) Each county clerk and registrar of births will be provided with a complete list of all midwives documented in the state. This list shall include the name, address, phone number, and county of primary practice of each midwife. sec.37.176. Additional Information.
                                                                                                                                                                                                                                                                                                                  The Midwifery Program may send questionnaires directly to midwives, with the approval of the Midwifery Board, requesting further data and information about the midwives and their practice. The questionnaire must be completed and returned to the program. The identity of the midwife is confidential by law. None of the questions may relate to acts forbidden by the Texas Midwifery Act. sec.37.177. Informed Choice and Disclosure Statement.
                                                                                                                                                                                                                                                                                                                    As required in this section, each midwife shall disclose in oral and written form to a prospective client the limitations on the skills and practices of the midwife. The written informed choice and disclosure statement which has been approved by the Midwifery Board shall include: (1) an informed choice statement containing: (A) statistics of the midwife's experience as a midwife; (B) the date of expiration of the midwife's documentation; (C) the date of expiration of the midwife's adult and infant CPR certification; (D) the midwife's compliance with continuing education requirements (beginning on September 1, 1993); and (E) medical backup arrangements; and (2) a disclosure statement, which includes the legal requirements of the midwife and prohibited acts as stated in the Texas Midwifery Act. The disclosure statement may not exceed 500 words and must be in Spanish and English. sec.37.178. Complaint procedure. (a) This section covers the procedure to be used by the Midwifery Program in processing complaints about midwives. (b) Any person may complain to the Midwifery Program that a midwife has violated the Texas Midwifery Act (Act) or any other laws relating to the practice of midwifery in Texas. (c) Complaints may be made in oral or in written form to the Midwifery Program. This should contain the name and address of the person making the complaint and sufficient details to adequately describe the alleged violation. Anonymous complaints, while not encouraged, will be accepted. (d) Complaints will be processed by the Midwifery Program in the following manner. (1) Complaints alleging a prohibited act under of the Act, sec.17 will be sent to the appropriate local law enforcement authority. (2) Complaints alleging a violation of other laws will be sent to the appropriate Texas agency responsible for implementing the law or to the appropriate law enforcement authority, or both. The most common examples of other laws and rules adopted under them, are the following: (A) the Communicable Disease Prevention and Control Act, Texas Health and Safety Code, Chapter 81; (B) the Texas newborn screening law, Health and Safety Code, Chapter 33; (C) the Texas vital statistics law, Texas Health and Safety Code, Chapters 191-192; (D) the Medical Practice Act, Texas Civil Statutes, Article 4495b; (E) the Texas nurse practice law, Texas Civil Statutes, Article 4513; (F) the Texas Pharmacy Act, Texas Civil Statutes, Article 4542a-1; and (G) the Texas Department of Health rules described in sec.1.131-1.137 of this title (relating to Definition, Treatment and Disposition of Special Wastes from Health Care Related Facilities). (3) Records of complaints will be reviewed by the Midwifery Board or by an ad hoc committee appointed by the Midwifery Board. Complaints will be confidential to the extent authorized by the Texas Open Records Act, Texas Civil Statutes, Article 6252-17a. sec.37.179. Publishing of Reports.
                                                                                                                                                                                                                                                                                                                      The Midwifery Program will, with the approval of the Midwifery Board, prepare and publish reports on the practice of midwifery in the state, including statistical reporting of fetal and infant mortality and morbidity. The frequency of these reports will be determined by the Midwifery Board. sec.37.180. Education. (a) Generally. The Midwifery Board will approve all aspects of midwifery education including that to be carried out by the Midwifery Program. Education involves: (1) the present midwifery voluntary basic information course and exam (both to be terminated on September 1, 1993); (2) mandatory continuation education courses and mandatory basic education courses beginning September 1, 1993; (3) the selection of sites for education; (4) qualifications and approval of instructors; (5) revocation of approval of courses and instructors; and (6) and the basic information manual and instructor's manual. (b) Midwifery voluntary/optional basic information course (course) and exam. (1) The site. A course may be offered by a local health department, an accredited post-secondary institution, or an adult education program. The entity offering the course may charge a reasonable fee for the course. If the number of courses in a region are insufficient to satisfy the demand, such a course may be made available on a temporary basis through the Texas Department of Health (department) regional office. The department may charge a fee of $50. (2) Course curriculum. The course subject matter is covered by the Texas Midwifery Manual developed by the department which the department adopted by reference. Copies of the manual may be obtained from the Midwifery Program. The manual also may be reviewed during normal business hours at the offices of the Midwifery Program, Maternal and Child Health Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. (3) Course duration. The course will be a minimum of 45 hours and may be given according to the wishes of the students, instructor, and the site where it is given. (4) Requirements. The course will be available to all residents of Texas, verified by drivers license or utility bill, and must be offered in both English and Spanish. (5) Facility and class size. The classroom should be large enough to comfortably accommodate up to 25 students, and should have facilities for instructional equipment. The ideal class size is fifteen to twenty students, but may be as few as two or three students. (6) Form of instruction. Although a great deal of the class may have to be didactic, emphasis should also be on discussion and practice. Beyond the course, apprenticeship and practical experience should be emphasized. (7) Absences. Each student is only allowed one three hour absence from class. If more than one is missed, the student must make up the class through arrangements with the instructor or return to another series of classes. The instructor will notify the midwifery program of the students who have completed the course requirements. (8) Instructors. The instructor(s) for the course must be: (A) an obstetrician, pediatrician, or family practice physician, all of whom must be licensed to practice medicine in Texas; (B) a certified nurse-midwife; or (C) a midwife with extensive experience (at least four years of practice with more than 100 births). (9) Non-availability of instructors. In areas where the instructors mentioned in paragraph (8) of this subsection may not be available, special exceptions may be made by the Midwifery Board. (10) The voluntary/optional final exam. (A) Eligibility to take the voluntary/optional final exam. (i)
                                                                                                                                                                                                                                                                                                                        The midwife must have completed the voluntary basic information course with no more than one three-hour absence. (ii)
                                                                                                                                                                                                                                                                                                                          A midwife who wishes to take the voluntary/optional exam without attending the voluntary basic information course must have been documented for two consecutive years, or have been documented and have petitioned and been granted permission by the Midwifery Board to take the exam. (B) Logistics. (i)
                                                                                                                                                                                                                                                                                                                            The exam will be offered at a department regional office or a local health department office to those persons who are eligible to take the exam. (ii)
                                                                                                                                                                                                                                                                                                                              The exam will be offered in English and Spanish, and in oral and written form. (iii)
                                                                                                                                                                                                                                                                                                                                The application to take the examination must be accompanied by nonrefundable fee of $25. (iv)
                                                                                                                                                                                                                                                                                                                                  A letter of completion will be sent by the Midwifery Program to those persons who pass the examination with a score of 75. (v)
                                                                                                                                                                                                                                                                                                                                    The department will take every reasonable measure to prevent unauthorized disclosure of the examination questions. (c) Mandatory education courses. Mandatory basic and continuation education courses which will be required beginning September 1, 1993, will be developed in the future through rulemaking by the Midwifery Board. sec.37.181. Newborn Screening. (a) Each midwife who assists at the birth of a child is responsible for seeing that newborn screening tests are performed according to the Health and Safety Code, Chapters 33 and 34 and Department of Health (department) rules in sec.37.51-37.69 of this title (relating the Newborn Screening Program). Starting on the effective date of these sections, one of two documents will have to be submitted to the Midwifery Program along with the December identification application as follows. (1) Should the midwife choose to do the newborn screening herself/himself, she/he will obtain training to perform this test from an appropriate health care facility. A course of instruction will be based upon the procedure for newborn screening developed by the department's newborn screening program under authority of the Health and Safety Code, Chapter 33. The midwife who requests the training must show the training facility or office a copy of her/his documentation form to prove that she/he is in compliance with the Midwifery Act. At the completion of the instruction for newborn screening blood collection, the midwife will request that the form (Midwife Training Certification Form for Newborn Specimen Collection) be signed by the designated representative of the health care facility, attesting to the fact that the midwife has complied with this requirement. This training, as part of the identification requirements, is only necessary once unless there is a change in screening procedures. (2) The midwife could also choose to refer the family to have the baby's screening done at an appropriate health care facility. In this case, the midwife must use the form (Newborn Screening Agreement for Newborn Babies Of Midwife Clients) on which she/he develops a personal plan to have an appropriate health care facility perform the required screenings. The plan will also have to include follow-up commitment to make sure that the infant received the tests. The form must include a section where the facility representative signs, agreeing that the facility will do the screening. (b) The midwife who wishes to become documented for the first time will have to use the second method of fulfilling the newborn screening requirement, as described in subsection (a)(2) of this section. Should the midwife wish later to do the screening tests herself/himself, she/he may change the way of fulfilling the requirement. (c) As long as the midwife has been approved to perform the newborn screening test, the act of collecting this specimen will not constitute "practicing medicine" as defined by the Medical Practice Act, Texas Civil Statutes, Article 4495b. (d) As long as one is available, a physician or an appropriately trained professional acting under standing delegation order from a physician at an appropriate health care facility shall instruct midwives in the proper procedure (newborn screening collection procedure of the department's Bureau of Laboratories) for newborn screening blood specimen collection. The physician, R.N., or other personnel who instruct under standing delegation orders the midwife in the approved techniques for newborn screening are immune from liability arising out of the failure of a midwife to: (1) collect the blood specimen in an approved manner; or (2) send the samples to the designated department laboratories in a timely manner. sec.37.182. Injunctions and Civil and Criminal Penalties.
                                                                                                                                                                                                                                                                                                                                      For violations of the Midwifery Act, individuals will be subject to civil or criminal penalties, and/or restraint and injunctive relief, according to the Texas Midwifery Act, sec.20 and sec.21. sec.37.183. Provision of Support Services.
                                                                                                                                                                                                                                                                                                                                        This provision applies to the Department of Health (department), a local health department, a public health district, or a local health unit which is owned, operated, or leased by a political subdivision of the state. The appropriate governmental entity is required to provide clinical and laboratory services to pregnant women and newborns who are clients of midwives as long as the services are required of the midwives by Texas Midwifery Act. The procedure and requirements for the clinical and laboratory services are as follows. (1) The laboratory tests are those which are standard for prenatal, postpartum, family planning and newborn care (to include serology and newborn screening). (2) The clinical services include prenatal, postpartum, child health and family planning services. (3) A reasonable fee may be charged for such services, however nobody may be denied services because of inability to pay. sec.37.184. Eye Prophylaxis. (a) A midwife is responsible for seeing that every newborn baby receives the necessary eye prophylaxis to prevent ophthalmia neonatorum, in accordance with the medications specified by the Texas Department of Health (department). (b) The methods of administering prophylaxis to prevent ophthalmia neonatorum are as follows. (1) The midwife shall administer the state-approved prophylaxis under standing delegation orders by a physician licensed in Texas. or (2) The midwife shall cause the approved prophylaxis to be administered, within the specified time frame, by a physician or an appropriately licensed and trained individual under standing delegation orders by a physician. (c) When a physician is not available to issue a standing delegation order or is unwilling to do so, the midwife is responsible for administering the prophylaxis herself/himself or causing the prophylaxis to be administered. (d) A person who fails to administer eye prophylaxis to a newborn as required by the Texas Midwifery Act or these sections is subject to the criminal offense of a Class B misdemeanor. (e) The department, subject to availability of funds, shall furnish prophylaxis approved by the Texas Board of Health free of charge to midwives. The midwife must show compliance with the Texas Midwifery Act and this section. The midwife may not charge for the eyedrops provided by the department. (f) The administration and possession of prophylaxis by a midwife is not a violation of the provisions of the Health and Safety Code, Chapter 483, concerning dangerous drugs. No charge is allowed for prophylaxis that is provided by the department. 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 26, 1991. TRD-9110342 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: October 26, 1991 For further information, please call: (512) 458-7700 Chapter 73. Bureau of Laboratories Exposure to Lead 25 TAC sec.73.31 The Texas Department of Health (department) proposes new s73.31, concerning exposure to lead. The new section covers tests for exposure to lead and will implement the provisions of House Bill 1621, 72nd Legislature, 1991. Specifically, the section establishes the criteria and procedure for the tests and the fee schedule which the department will use to charge for the costs of conducting the tests. Stephen Seale, Chief Accountant III, Budget Office, has determined that for the first five-year period the section is in effect there will be fiscal implications for state government as a result of enforcing or administering the section. The estimated additional cost and estimated increase in revenue to the department are equal and will be $38,330 for each fiscal year from 1992-1996. There will be no fiscal implications for local government. Mr. Seale 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 a reduced cost to the citizens of the state for medical management and reduced loss of productivity due to late diagnosis and treatment of those with significant exposure to lead. There are no anticipated costs for small businesses. Although some independent clinical laboratories already offer the testing service, the potential clients of this program are not now utilizing that service. However, definitive diagnosis and case management will require the use of the independent service through the attending physician. The possible economic cost to persons who take advantage of this service will be the amount set out in the fee schedule described in the new section. There will be no impact on local employment. Comments on the proposal may be submitted to Charles E. Sweet, Dr. P.H., Chief, Bureau of Laboratories, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3194, (512) 458-7318. Comments will be accepted for 30 days after publication of the proposal in the Texas Register. The new section is proposed under the Health and Safety Code, sec.161.101, which provides the of Health with the authority to adopt rules covering tests for exposure to lead; sec.12.032, which provides the Board with the authority to charge fees for public health services; and sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. sec.73.31. Tests for Exposure to Lead. (a) Procedures for testing. At the request of an attending physician, the Texas Department of Health, Bureau of Laboratories (bureau), shall conduct tests for lead poisoning, if the physician suspects that a person has been exposed to lead and that the person may have been harmed by the exposure. (1) The physician shall direct the collection of a whole blood specimen of at least two milliliters in volume in a lead-free glass tube containing an anticoagulant, such as ethylene-diamine tetraacetate (EDTA), and shall send it to the bureau for testing. Pediatric specimens may be collected in an appropriate vial but not in a capillary tube. The specimen must be shipped in double containment in accordance with United States Postal Service regulations for biomedical material. A collection vacuum tube or vial and mailer will be available from the bureau; needles and lancets will not be provided. (2) A bureau form for blood lead analysis must be used and is available on request from the Texas Department of Health, Bureau of Laboratories, 1100 West 49th Street, Austin, Texas 78756-3194. To prevent lapse of time in testing, the specimen may be shipped without the specific test request form if the following information is provided: (A) physician's name, address, and telephone number; (B) patient's name, address, age, social security number, Medicaid number or eligibility status, sex, and race; (C) clinical appearance; and (D) possible source of exposure to lead. (3) The tests must be performed by the bureau, which shall be responsible for determining and implementing proper and current procedures. Laboratory reports will provide information on expected ranges. (4) The bureau will mail a written report of laboratory findings to the physician who submitted the specimen. Critical results in the judgement of the bureau will be telephoned immediately. (5) The attending physician shall be responsible for final diagnosis, confirmatory testing and supportive testing in an independent laboratory, and proper follow-up and management of each case. (6) The bureau will provide limited testing of environmental samples at no charge in order to discover the source of exposure of any case detected in this program, following consultation between the attending physician and bureau staff. (b) Fees. (1) The bureau will charge a fee for services not to exceed $25 per test, depending on the cost of the reagents and personnel time. (2) A sliding scale for fee imposition may be used on the recipient of the service, and no one will be denied service because of inability to pay. (3) The bureau will not charge a fee which exceeds the cost to the bureau of providing the service. (4) The bureau shall make reasonable effort to collect the fees, but the bureau may waive the collection if the administrative cost of collection will exceed the fee. (5) A personal check or money order made out to the Texas Department of Health must accompany each specimen. In cases of medical necessity, testing will be performed in the absence of payment, and the patient will be billed at the time a report is made to the physician. Medicaid billing will be made by the bureau for those clients who are eligible. (6) Shipping charges must be paid by the submitter; collect shipments will not be accepted. (7) Unsatisfactory specimens will not be accepted. In such events, the submitter will be notified by mail. A "rain check" will be issued for use with a subsequent specimen, or else the fee will be remitted upon request. However, shipping charges cannot be reimbursed. To avoid unsatisfactory specimens, submitters must refer to an instruction sheet provided by the bureau or confer with bureau staff before requesting the service. 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 26, 1991. TRD-9110345 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: October 26, 1991 For further information, please call: (512) 458-7318 Chapter 181. Vital Statistics Vital Records 25 TAC sec.181.26 The Texas Department of Health (department) proposes new s181.26, concerning the filing of birth certificates for infants born in a non-licensed institution, or delivered at home by a documented (identified) midwife or individual. The section establishes the criteria for filing of certificates for infants not born in a licensed institution; the procedures for filing the certificate; evidence necessary for filing the certificate; control of birth certificates; and reporting required concerning non-licensed institutions, documented (identified) midwives, and local registrars. The new section will aid in the control of fraud and falsely filed documents, control of blank birth certificate forms, and will aid in the reduction of false or fraudulent claims to various entitlement programs resulting in a cost savings to the public tax payer. The new section will require individuals to obtain blank certificate forms from a local registrar in person. Stephen Seale, Chief Accountant III, Budget Office, 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. Seale 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 a reduction in the number of fraudulently filed birth certificates and false claims to entitlement programs, and a corresponding reduction of expenses for these programs. There will be no cost to small businesses. There may be a cost to the persons filing birth certificates from $5. 00 to $25 who may have to travel to file a certificate in accordance with the new section. There will be no impact on local employment. Comments on the proposed rule may be submitted to Richard B. Bays, State Registrar, Bureau of Vital Statistics, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3191, (512) 458-7692. Public comments will be accepted for 30 days after publication in the Texas Register. The new section is proposed under the Health and Safety Code, sec.192.003, which provides the Board of Health with the authority to adopt necessary rules for collecting, recording, transcribing, compilin,g and preserving vital statistics; sec.191.004, which provides the state registrar with the authority to prepare and issue detailed instruction necessary for the uniform observance of this title and maintenance of a perfect system of registration; and sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. sec.181.26. Filing of Birth Certificates for Infants Born in a Non-Licensed Institution, or Delivered at Home by a Documented (identified) Midwife or Individual. (a) All certificates of birth shall be filed as required by Health and Safety Code (Code), sec.192.001. Licensed institutions include hospitals or birthing centers licensed by the Texas Department of Health. (1) Births occurring in a licensed institution shall be filed as required by the Code, sec.192.003. (2) Births occurring outside licensed institutions shall be filed as described in this section. (b) When a birth occurs at any place other than a licensed institution, the certificate of birth must be filed with the local registrar of the registration district in which the birth occurred. The essential elements to file a non-institutional birth certificate are proof that: (1) the woman who is presenting herself as the mother was pregnant; (2) there was an infant born alive; (3) the infant was born in this registration district; and (4) the infant's birth occurred on the date stated. (c) The signature on the certificate of the registered, or certified, or documented health care provider shall serve as prima facie evidence of the essential elements of proof required in subsection (b) of this section. (d) A certificate described in subsection (b) of this section shall only be filed upon personal presentation of the following evidence by the individual responsible for the preparation and filing of the certificate, when that certificate is filed after the date of the birth as required by the Code, sec.192.003. The local registrar may accept certificates by mail when the signature of the registered, certified, or documented health care provider is on file with that registrar's office. (1) Proof of pregnancy shall be presented in the following order of preference: (A) an affidavit shall be presented from a licensed, registered, or certified health care provider who is qualified to determine pregnancy as part of the scope of his/her license or registration, or certification; or (B) an affidavit shall be presented from one person, other than the parents, having knowledge of the pregnancy/birth. (2) Proof shall be presented of the mother's presence in the registration district on the date of the birth if the birth occurred outside the mother's primary place of residence. Such proof shall consist of an affidavit from a person having knowledge of the mother's presence in the registration district on the date of the birth. (3) Proof shall be presented of the mother's residence in the registration district if the birth occurred in the mother's primary place of residence, in the following order of preference: (A) a utility, telephone, or other bill which includes the mother's name and address; (B) a rent receipt which includes the mother's name and address, and the printed name, address, and signature of the mother's landlord; (C) a driver's license, or state issued identification card, which includes the mother's current residence on the face of the license/card; (D) an envelope addressed to the mother at her place of residence, and postmarked prior to the date of the birth; or (E) an affidavit attesting to the mother's place of residence from a person, other than the father, who was either living with the mother at the time of the alleged birth, or has other knowledge of the mother's residency. (4) An identifying document, with photograph, shall be presented by the individual(s) personally presenting the evidence required to file the certificate, in the following order of preference: (A) a passport or certificate of naturalization; (B) a military service or military dependent identification card; (C) a United States government identification card, or national identification card issued by another country; (D) a current driver's license or other state identification card; (E) an alien registration receipt card (Form I-551); or (F) an employee or student identification card, with photograph. (e) At the discretion of the local registrar, the procedures contained in this section may be supplemented with any additional requirements which may be needed to verify the circumstances of the birth. Such additional requirements may include, but are not limited to, one or more of the following: (1) an unannounced home visit by a public health nurse, other health professional, registrar staff, or other person including city, county, state, or federal law enforcement officer, prior to registering the birth; (2) multiple forms of identifying documents, with or without photographs, when the documents described in this section are unavailable; (3) personal appearance of both parents, either together or separately; or (4) personal appearance of the infant whose birth certificate the parents are attempting to file. (f) If the required or supplemental evidence described in this section is not available and the registrar is otherwise unable to verify the circumstances of the birth, the birth may only be registered upon order of a court of competent jurisdiction, as prescribed in the Code, sec.192.027. (g) A certificate of birth concerning a child who is between one and four years of age may only be filed by the office of the state registrar. The state registrar shall require the same proof and documentation as previously mentioned in this section and, in addition, an affidavit of the parents and the attendant, if any, as to why the certificate was not timely filed. If the proof and documentation are not available, the certificate may be filed as prescribed by the Code, sec.192.027. (h) Each local registrar shall notify the state registrar's office of any suspicious documents or records submitted or filed with his/her office. (i) Blank birth certificate forms shall only be issued to licensed institutions, documented (identified) midwives, and individuals by the local registrar or the state registrar in reasonable amounts. No blank birth certificate forms shall be distributed by mail to any one other than a registered, certified, documented health care provider. (j) Each local registrar shall maintain a record of the number of blank birth certificate forms issued to each individual. Any excessive usage or unusually large numbers of blank certificates being requested should be immediately reported to the state registrar. (k) Every documented (identified) midwife shall mail to the Midwifery Program, Bureau of Maternal and Child Health, Texas Department of Health, a summary listing of all births attended for the preceding calendar month by the 10th day of the month following the occurrence of the birth. The list shall consist of the complete name of each child, and the date and the place of birth, in the order born. 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 26, 1991. TRD-9110344 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: October 26, 1991 For further information, please call: (512) 458-7692 TITLE 28. INSURANCE Part I. State Board of Insurance Chapter 3. Life, Accident, Health Insurance and Annuities Subchapter FF. Credit Life and Accident and Health Insurance Presumptively Acceptable Relation of Credit Life Insurance Benefits to Premiums 28 TAC sec.3.5301, sec.3.5303 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the State Board of Insurance or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The State Board of Insurance proposes the repeal of sec.3.5301 and sec.3.5303, concerning presumptively reasonable credit life insurance rates. The current sections were adopted in 1980; the rates contained therein will no longer be effective on or after October 1, 1991, the effective date of Board Order Number 58505. Pursuant to the Insurance Code, Article 3.53, sec.8A(2), the State Board of Insurance, in May, 1991, conducted a public hearing, in accordance with the contested case provisions of the Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a,) to adopt and promulgate presumptive premium rates for credit life insurance. Pursuant to that hearing, the State Board of Insurance has promulgated credit life and credit accident and health insurance presumptive premium rates to be effective October 1, 1991. These rates are embodied in Board Order Number 58505 resulting from that contested rate hearing. The Board Order from that public hearing supersedes these rules. Subsequent hearings to adopt rates will be conducted according to these amended procedures rather than through the rule making process by which these sections were adopted in 1980. Rhonda Myron, deputy insurance commissioner for the life group, has determined that, for the first five year period the repeal is in effect, there will be no fiscal implications for state or local government as a result of or administering the repeal, and there will be no effect on local employment or local economy. Ms. Myron has also determined that, for each year of the first five years the repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be a more effective procedure for setting rates for credit life insurance. There will be no effect on small businesses. There will be no anticipated economic cost to persons who are required to comply with the sections to be repealed. Comments on the proposed may be submitted to Rhonda Myron, Deputy Insurance Commissioner for the Life Group, Mail Code 106-1C, State Board of Insurance, William P. Hobby State Office Building 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. The repeals are proposed under the Insurance Code, Article 3.53, sec.12, which allows the board to issue such rules and regulations as it deems appropriate for the regulation of credit life insurance and credit accident and health insurance. sec.3.5301. Presumptively Reasonable Life Rates. sec.3.5303. Premium Charged to Debtor for Outstanding Balance Insurance. 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 26, 1991. TRD-9110367 Nicholas Murphy Chief Clerk State Board of Insurance Proposed date of adoption: September 30, 1991. For further information, please call: (512) 463-6327 28 TAC sec.3.5302 The State Board of Insurance proposes an amendment to sec.3.5302, concerning joint credit life insurance. The amendment would delete reference to sec.3.5301(3) and (4) of this title (relating to Presumptively Reasonable Life Rates). Section 3.5301 is the subsection of a repeal effective simultaneously with the adoption of this amendment to sec.3.5302. These subsections will be repealed, pursuant to amendments to the Insurance Code, Article 3.53, sec.8A, allowing the State Board of Insurance to promulgate presumptive premium rates in accordance with the contested case provisions of the Administrative Procedure and Texas Register Act, Article 6252-13a. Rhonda Myron, deputy insurance commissioner for the life group, 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, and there will be no effect on local employment or local economy. Ms. Myron 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 compliance with the Insurance Code, Article 3.53, sec.8A(2), which allows the State Board of Insurance, after notice and hearing, to adopt and promulgate a presumptive premium rate in accordance with the contested case provisions of the Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a). There is no anticipated economic cost to small businesses or other persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Rhonda Myron, Deputy Insurance Commissioner for the Life Group, Mail Code 106-1C, State Board of Insurance, William P. Hobby State Office Building, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. The amendment is proposed under the Insurance Code, Article 3.53, sec.12, which authorizes the State Board of Insurance to issue such rules and regulations as it deems appropriate for the regulation of credit life insurance and credit accident and health insurance. sec.3.5302. Joint Credit Life Insurance. (a) Joint lives , for purposes of credit life insurance written under the Insurance Code, Article 3.53,
                                                                                                                                                                                                                                                                                                                                          [as used in subsections 3.5301(3) and (4) of this title (relating to Presumptively Reasonable Life Rates)] mean only spouses or business partners, and such persons must be jointly and severally liable for repayment of the single indebtedness and be joint signers of the instrument of indebtedness. Endorsers and guarantors are not eligible for credit insurance coverage. Joint life coverage shall not be written covering more than two lives. Jointly indebted persons shall not both be covered separately at single life rates. (b)-(c) (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 26, 1991. TRD-9110366 Nicholas Murphy Chief Clerk State Board of Insurance Earliest possible date of adoption: September 30, 1991 For further information, please call: (512) 463-6327 Presumptively Acceptable Relation of Credit Accident and Health Benefits to Premiums 28 TAC sec.3.5401 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board of Insurance or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The State Board of Insurance proposes repeal of sec.3.5401 concerning presumptively reasonable credit accident and health insurance rates. The current section was adopted in 1980; the rates contained therein will no longer be effective on or after October 1, 1991, the effective date of Board Order Number 58505. Pursuant to the Insurance Code, Article 3.53, sec.8A(2), the State Board of Insurance, in May, 1991, conducted a public hearing, in accordance with the contested case provisions of the Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a,) to adopt and promulgate presumptive premium rates for credit accident and health insurance. Pursuant to that hearing, the State Board of Insurance has promulgated credit life and credit accident and health insurance presumptive premium rates to be effective October 1, 1991. These rates are embodied in Board Order Number 58505 resulting from that contested rate hearing. The Board Order from that public hearing supersedes these rules. Subsequent hearings to adopt rates will be conducted according to these amended procedures rather than through the rule making process by which these sections were adopted in 1980. Rhonda Myron, deputy insurance commissioner for the life group, has determined that, for the first five year period the repeal is in effect, there will be no fiscal implications for state or local government as a result of or administering the repeal, and there will be no effect on local employment or local economy. Ms. Myron has also determined that, for each year of the first five years the repeal is in effect, the public benefit anticipated as a result of enforcing the repeal will be a more effective procedure for setting rates for credit accident and health insurance. There will be no effect on small businesses. There will be no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposed may be submitted to Rhonda Myron, Deputy Insurance Commissioner for the Life Group, Mail Code 106-1C, State Board of Insurance, William P. Hobby State Office Building 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. The repeal is proposed under the Insurance Code, Article 3.53, sec.12, which allows the board to issue such rules and regulations as it deems appropriate for the regulation of credit life insurance and credit accident and health insurance. sec.3.5401. Presumptively Reasonable Accident and Health Rates. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 26, 1991. TRD-9110368 Nicholas Murphy Chief Clerk State Board of Insurance Earliest possible date of adoption: September 30, 1991 For further information, please call: (512) 463-6327 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part III. Texas Air Control Board Chapter 112. Control of Air Pollution from Sulfur Compounds Control of Sulfur Dioxide 31 TAC sec.112.5 The Texas Air Control Board (TACB) proposes an amendment to sec.112.5, concerning allowable emissions from solid fossil fueled boilers. The proposed changes have been developed in response to a request from the Lone Star Chapter of the Sierra Club that TACB requires the adoption of proven technology to control sulfur dioxide emissions from solid fossil fuel-fired steam generators as indicated in the existing sec.112.5. The proposed changes would make a grammatical correction to the title, delete outdated interim requirements, and replace the current requirement that new proven technology be applied when available, with a requirement to use existing new source performance standards (NSPS). The proposal would add a requirement that those solid fossil fuel-fired steam generators which have a heat input of 1, 500 million Btu/hour or more and are not subject to NSPS, reduce sulfur dioxide emissions with proven technology to the level required by the United States Environmental Protection Agency's (EPA's) regulations under NSPS. Bennie Engelke, director of administrative services, has determined that for the first five-year period the section is in effect there would be no fiscal implications for state and local government. Economic costs to businesses required to implement the proposed measures are associated with engineering design, purchase, construction, operating, monitoring, and recordkeeping requirements and are estimated to be $235 million per year when dry scrubbers are used and $224 million per year when wet scrubbers are used. The projected cost per ton of sulfur dioxide removed would be approximately $1,375 per ton for wet scrubbers and $1,300 per ton for dry scrubbers. All estimates are stated in 1991 dollars with no adjustment for inflation. Lane Hartsock, director of the Planning and Development Program, has determined that for each of the first five years the section is in effect the public benefit anticipated as a result of implementing the section will be improved air quality and a rule which is more uniformly applicable statewide to all solid fossil fuel-fired electric utility steam generators. A public hearing on this proposal will be held on September 25, 1991, at 2 p. m. in the TACB Auditorium, 12124 Park 35 Circle, Austin. Copies of the proposed section are available from Karen Kirkpatrick at the central office of TACB, 12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. Public comment, both oral and written, on the proposed changes is invited at the hearing. TACB would appreciate receiving five copies of testimony prior to or at the hearing. Written testimony received by the Regulation Development Section at the TACB central office by 4 p.m. on September 27, 1991, will be included in the hearing record. The amendment is proposed under Texas Health and Safety Code Annotated (Vernon 1990), the Texas Clean Air Act (TCAA), which provides TACB with the authority to adopt rules consistent with the policy and purposes of the TCAA. sec.112.5. Allowable Emissions from Solid Fossil Fuel-Fired [Fueled] Boilers. (a) Except as provided in subsection (b) of this section, no person may cause, suffer, allow, or permit emissions of sulfur dioxide from any solid fossil fuel-fired steam generator to exceed three pounds per million Btu heat input. [New proven technology must be applied in removing sulfur dioxide from the emissions from solid fossil fuel-fired steam generators when it becomes available.] (b) No person may cause, suffer, allow, or permit emissions of sulfur dioxide from any solid fossil fuel-fired steam generator located in Milam County, which began operation prior to January 1, 1955, to exceed 4.0 pounds per million Btu heat input.
                                                                                                                                                                                                                                                                                                                                            [the following limits: [graphic] New proven technology must be applied in removing sulfur dioxide from the emissions from solid fossil fuel-fired steam generators when it becomes available.] (c) After July 1, 1996, no person may cause, suffer, allow, or permit emissions of sulfur dioxide from any solid fossil fuel-fired steam generator to exceed the applicable limitations found in the Code of Federal Regulations (CFR) at 40 CFR 60, Da, s60.43a and sec.60.47a, hereby incorporated by reference, if it has a design heat input of greater than 1,500 million Btu/hour, and if on January 1, 1991, it had not been subject to new source performance standards. 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 21, 1991. TRD-9110257 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Earliest possible date of adoption: September 30, 1991 For further information, please call: (512) 908-1770 Withdrawn Sections An agency may withdraw proposed action or the remaining effectiveness of emergency action on a section by filing a notice of withdrawal with the Texas Register. The notice is effective immediately upon filling or 20 days after filing. If a proposal is not adopted or withdrawn six months after the date of publication in the Texas Register, it will automatically be withdrawn by the office of the Texas Register and a notice of the withdrawal will appear in the Texas Register . TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 147. Dispute Resolution Agreements, Settlements, Commutation 28 TAC sec.147.10 Pursuant to Texas Civil Statutes, Article 6252-13, sec.5(b), and 1 TAC sec.91. 24(b), the proposed new sec.147.10, submitted by the Texas Workers' Compensation Commission has been automatically withdrawn, effective August 20, 1991. The new section as proposed appeared in the February 19, 1991, issue of the Texas Register (16 TexReg 1086). TRD-9110249 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 292. River Authorities Subchapter A. General Provisions 31 TAC sec.sec.292.1-292.4 Pursuant to Texas Civil Statutes, Article 6252-13, sec.5(b), and 1 TAC sec.91. 24(b), the proposed new sec.sec.292.1-292.4, submitted by the Texas Water Commission has been automatically withdrawn, effective August 23, 1991. The new sections as proposed appeared in the February 22, 1991, issue of the Texas Register (16 TexReg 1130). TRD-9110301 Subchapter B. Administrative Policies 31 TAC sec.sec.292.11-292.13 Pursuant to Texas Civil Statutes, Article 6252-13, sec.5(b), and 1 TAC sec.91. 24(b), the proposed new sec.sec.292.11-292.13, submitted by the Texas Water Commission has been automatically withdrawn, effective August 23, 1991. The new sections as proposed appeared in the February 22, 1991, issue of the Texas Register (16 TexReg 1132). TRD-9110302 Subchapter C. Water Management Plan 31 TAC sec.sec.292.21-292.26 Pursuant to Texas Civil Statutes, Article 6252-13, sec.5(b), and 1 TAC sec.91. 24(b), the proposed new sec.sec.292.21-292.26, submitted by the Texas Water Commission has been automatically withdrawn, effective August 23, 1991. The new sections as proposed appeared in the February 22, 1991, issue of the Texas Register (16 TexReg 1153). TRD-9110303 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 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce Chapter 160. Product Commercialization 10 TAC sec.sec.160.1-160.9 The Texas Department of Commerce adopts new sec.sec.160.1-160.9. Sections 160.2, 160.4-160.7, and 160.9 are adopted with changes to the proposed text as published in the April 5, 1991, issue of the Texas Register (16 TexReg 1971). Sections 160.1, 160.3, and 160.8 are adopted without changes and will not be republished. The department adopts the changes to clarify the application procedure for the product commercialization fund and to incorporate legislative changes to the Product Commercialization Fund Act, Subchapter U, Chapter 481, Government Code (the Act). The new sections will provide standards of eligibility and application procedures for the product commercialization fund. Legislation passed by the 72nd Legislature, 1991, amended the Texas Government Code, sec.481.294 to allow loan guarantees. The proposed rules have been amended to reflect this change where ever applicable. The loan guarantee provision of these rules is effective after September 1, 1991. Commerce received comments from the Governor's Energy Office concerning the new sections. The Governor's Energy Office is neither for nor against the adoption of rules but offered recommendations for changes to the new sections. Commerce's decisions concerning incorporation of such recommendations are stated in the discussion of each comment. The Governor's Energy Office recommended that the maximum fund loan of $200, 000 cited in sec.160.5(c) is too confining and should be increased to $500,000. The department recognizes this concern but also notes that the total initial appropriation to support the product commercialization fund is only $500,000. Retaining the $200,000 maximum insures that funds will be available for more than one candidate. The Governor's Energy Office was concerned that both a nonrefundable application fee and additional application fees would be required under sec.160. 4(e) and (l). The department notes that sec.160.8(b) requires only one $250 non-refundable application fee. Section 160.4(b) requires the applicant to pay the costs of providing information necessary to evaluate the application and sec.160.4(1) requires the applicant to update information provided to Commerce. The Governor's Energy Office recommended that third party costs incurred by the department in connection with a loan be paid for with the $250 application fee. The department notes that the application fee helps defray the administrative costs of processing the paperwork and initial evaluation of the candidates only. Additional information necessary to completely evaluate the technical merits of the product may require extensive testing and evaluation that cannot be provided by Commerce for each applicant. The Governor's Energy Office recommends that the purpose of the annual fee referenced in sec.160.5(g) be specified. The department recognizes the vagueness of this subsection and has removed sec.160.5(g) from the rules. The Governor's Energy Office expressed concern that the department's "requirement to obtain royalties, patent rights, or equity interests" is a tremendous disincentive for participation in the program. The department notes that sec.160.5(h) allows, but does not require, the department to obtain these interests. The flexibility provided in sec.160.5 protects the state's investment but allows companies to apply for a product commercialization fund loan though these companies may not be able to obtain traditional financing. The department also notes that terms and conditions are specified by the advisory board as deemed to be "reasonable, appropriate, and consistent with the purposes and objectives of the fund." The Governor's Energy Office was concerned that the rule requiring the applicant to disclose a clear description of the reasons that private financing were denied is inconsistent with the requirement in sec.160.5(a) for a minimum of one-for-one matching dollar commitment by a co-investor or co-investors. The department recognizes this concern but does not have the authority to change the disclosure requirement in the Act. Commerce is also committed to encouraging private sector participation in the program and can most directly affect this participation by establishing a matching commitment of funds. Experiences of other states and early market analysis of the demand for product commercialization fund candidates suggests that there is a strong demand for the type of investment money provided by the fund. The Governor's Energy Office noted that the current phrasing under sec.160.6(g) contains an error. Section 160.6(g) has been corrected. The new sections are adopted under the Texas Government Code, sec.481.294(b), which provides Commerce with the authority to adopt rules governing the product commercialization fund. sec.160.2. Product Commercialization Fund. (a) Description. The Texas product commercialization fund is a revolving fund in the state treasury. The Fund consists of appropriations, transfers, loan payments, and interest received on loans made under this subchapter, as well as gifts, donations, fees, grants, and any other money received under this subchapter. (b) Confidentiality provision. Information relating to a product and the application or use of a product, and technological and scientific information, including computer programs, developed in whole or part by an applicant for, or recipient of, a loan or loan guarantee is confidential and is not subject to disclosure under state law or otherwise, regardless of whether the product is patentable or capable of being registered under copyright or trademark laws, or has a potential for being sold, traded, or licensed for a fee. However, nothing in these rules shall prevent or restrict the department or the advisory board from obtaining information relating to a product from an applicant or recipient of a loan or loan guarantee under these rules. sec.160.4. Review Process. (a) Completed application. Prior to review, the department must receive a complete application and the application fee. (b) Application acceptance periods. Funding competitions will take place four times per year subject to the availability of funds and scheduling by the advisory board. Deadlines for applications will be published in the Texas Register and publicized by the department. (c) Reapplication. An application may be revised and resubmitted as many times as desired although an application fee will be required for each submission. (d) Summary review. After staff prepares a summary and assessment of the completed applications received, staff presents to the advisory board a summary of current applications and those projects that are recommended for further review. The advisory board may take into consideration the objectives of the product commercialization fund (the fund) and the present mix of loan or loan guarantees in the fund portfolio in approving further review by staff for recommended projects. Applications are not considered by the advisory board until staff review is complete. (e) Request for additional information. The staff may request additional information from an applicant. Costs for obtaining this information will be borne by the applicant. (f) Third party costs. All third party costs incurred by the department in connection with a loan or loan guarantee must be paid for by the applicant. The applicant will be consulted prior to the department incurring any such costs. (g) Review by executive director. The executive director of the department or his designee determines the following with respect to each of the applications selected for further review: (1) whether and the degree to which the product for which financing is requested is economically sound, and whether there is a reasonable expectation that the product will be successful; (2) whether and the degree to which the product will create or preserve jobs and otherwise benefit the economy of the state; (3) whether and the degree to which the applicant lacks the financial resources to complete the project, and whether a loan or loan guarantee is necessary because financing is unavailable in traditional capital markets or credit has been offered on terms that would preclude the success of the project; and (4) whether and the degree to which there is reasonable assurance that the potential revenues to be derived from the sale of the product will be sufficient to repay any loan or loan guarantee financing approved by the department. (h) Advisory board consideration of qualified applications. After staff and advisory board review of the applications, the advisory board considers the applications using the criteria set forth in sec.160.5 and sec.160.6 of this title (relating to Terms and Conditions of the Loan or Loan Guarantee Evaluation Criteria). At the advisory board meeting, the advisory board either approves a loan or loan guarantee, disapproves it, remands it to the applicant for further action, or makes such other disposition of the application as the advisory board deems appropriate. (i) Department consideration of advisory board approved loan or loan guarantee. The board, or the executive director if designated by the board, considers the loan or loan guarantee that has been recommended for approval by the advisory board and either approves, disapproves, or remands the application to the advisory board with recommendations for changes. (j) Approval of loan or loan guarantee. If the board approves the loan or loan guarantee, or if the executive director while acting as the board's designee approves the loan or loan guarantee, the department notifies the applicant in writing setting forth the terms and conditions of the financial assistance approved. The department prepares the written agreements and documents necessary to finalize the loan or loan guarantee. (k) Denial of application. If the application is disapproved by either the advisory board or department, the department promptly notifies the applicant of the decision. (l) Misrepresentation by applicant. The department may reject any application, revoke any notice of approval, or refuse to close any loan or loan guarantee in the event that any information provided by the applicant is knowingly false or contains material misrepresentations or omissions. Each applicant has an affirmative and continuing duty to update and correct all information provided to the department. sec.160.5. Terms and Conditions of the Loan. (a) Matching requirement. The product commercialization fund (the fund) only invests where there is a minimum of one-for-one matching dollar commitment by a co-investor or co-investors concurrent with the fund's loan or loan guarantee. (b) Minimum fund loan or loan guarantee. The department shall not invest where the amount of the loan or loan guarantee provided by the fund is less than $25, 000. (c) Maximum fund loan or loan guarantee. The department shall not make any one loan or loan guarantee where the amount committed from the fund exceeds $200,000. (d) Allowable uses of funds. The department provides a loan or loan guarantee from the fund for the purposes of designing and constructing new facilities, rehabilitating existing facilities, acquiring any interest in real or personal property, and providing initial working capital to pay the cost of salaries, rents, supplies, inventories, mortgage payments, legal services, and utilities and telephone, travel, and other incidental costs normally classified as working capital according to standard accounting principles. (e) Allowable Uses of oil overcharge funds. A program loan or loan guarantee that uses oil overcharge money may be used to finance the following costs: (1) technology research; (2) prototype development; (3) product testing; (4) business planning and market research assistance. (f) Ineligible use of funds. Money from the fund may not be used to: (1) refinance existing debt; (2) pay broker fees; or (3) purchase the position of existing shareholders. (g) Other terms. The department may enter into an agreement with the applicant under which the department obtains royalties, patent rights, equitable interests, or a combination of these royalties, rights, and interests, from or in the product or proceeds of the product for which a loan or loan guarantee is requested. The advisory board specifies those terms and conditions with respect to each loan or loan guarantee as it deems to be reasonable, appropriate, and consistent with the purposes and objectives of the fund. sec.160.6. Evaluation Criteria. (a) Recommendation and approval. A product commercialization fund (the fund) loan or loan guarantee may only be made to finance a project recommended by the advisory board and approved by the department. (b) Special preference for commercial success. In determining eligible projects, the advisory board and the department shall give special preference to projects that have the greatest likelihood of commercial success. (c) Special preference for job creation. In determining eligible projects, the advisory board and the department shall give special preference to those projects that have the greatest effects on job creation and retention in the state. (d) Special preference for technology-based products. The advisory board and the department shall give special preference to technology-based products in accordance with the Product Commercialization Fund Act, sec.481.295. (e) Preference for Texas residents. The advisory board and the department shall give preference to applicants who are Texas residents doing business in the state and performing financed activities predominantly in the state, and then to applicants who can demonstrate that the financed activities will take place predominantly in this state. (f) Consideration for other applicants. The advisory board and the department shall give consideration to: (1) grantees under the small business innovation research program established under 15 United States Code, sec.638; and (2) Texas companies formed to commercialize research funded at least in part with state funds. (g) Preference for co-participation. The advisory board and the department shall give preference to applicants that are able to leverage the greatest amount of private sector financial support. (h) Evidence of applicant commitment to the project. The principals of the enterprise must have already made or are contractually committed to make a substantial financial and time commitment to the enterprise. sec.160.7. Administration. (a) Servicing. The department services the loan or loan guarantee and receives all payments due or enters into an agreement in which a private lender would service the loan or loan guarantee and receive the loan or loan guarantee payments. (b) Rights and remedies. The rights and remedies of the department in the event of a default on an obligation are provided for in the loan or loan guarantee agreement. (c) Use of funds. Any enterprise receiving fund money shall report to the advisory board and the department at such times as the advisory board or department shall determine on the use of money distributed through the fund. (d) Performance monitoring. All agreements must include provisions to ensure proper use of funds and the receipt of royalties, patent rights, or equity interests, as appropriate. Content and timing of reporting requirements are determined on a case-by-case basis by the department and the advisory board. sec.160.9. Personal Liability of Members or Persons Acting on Behalf of the Department. (a) A member of the board, the advisory board, or other person acting on behalf of the department in executing a contract, commitment, or agreement under these rules is not personally liable on the contract, commitment, or agreement. (b) A member of the board, advisory board, or other person acting on behalf of the department is not personally liable for damage or injury resulting from performance of duties under these 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 13, 1991. TRD-9110226 Cathy Bonner Interim Executive Director Texas Department of Commerce Effective date: September 11, 1991 Proposal publication date: April 5, 1991 For further information, please call: (512) 320-9666 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 3. Oil and Gas Division Conservation Rules and Regulations 16 TAC sec.3.22 The Railroad Commission of Texas (commission) adopts an amendment to 16 TAC sec.3.22, concerning the protection of birds, without changes to the proposed text as published in the May 7, 1991, issue of the Texas Register (16 TexReg 2508). Adoption of the amendment to sec.3.22 will extend greater protection to migratory birds by requiring oil and gas operators to net, screen, cover, or otherwise render harmless open-top tanks that are eight feet in diameter or greater. These tanks are currently exempt from the requirement. According to information provided to the commission by wildlife experts, birds are attracted to fluid in tanks that are 16 feet or less in diameter. The United States Fish and Wildlife Service has prosecuted 47 oil and gas operators for dead birds found in open-top tanks 16 feet or less in diameter. The amendment will protect birds from being injured or killed and will help protect operators from prosecution under the Federal Migratory Bird Treaty Act and Texas wildlife protection laws. The majority of commenters supported the amendment as written. Wildlife experts commented that the amendment would protect birds in the majority of cases in Texas. In addition, an association of operators commented that it had no objection to the amendment if the smaller tanks posed a danger to birds. One commenter stated that the amendment was unnecessary because, over the past 35 years in the oil and gas business, his company had not experienced a single incident of a bird being attracted to or harmed in tanks 16 feet in diameter or smaller. The commission has received extensive information from wildlife experts documenting that smaller tanks do, in fact, present a hazard to birds. Often operators are unaware of a bird that has died in a tank because the carcass quickly sinks to the bottom of the tank and disintegrates. The following commenters expressed general support for the amendment: National Audubon Society; Office of the Attorney General, State of Texas; Permian Basin Petroleum Association; Texas Parks and Wildlife Department; and United States Fish and Wildlife Service. The following commenters stated that they did not support the amendment: Mueller Engineering Corporation and Inland Ocean, Inc. The Railroad Commission adopts the amendment pursuant to the Texas Natural Resources Code, Title 3, sec.85.042, which provides the Railroad Commission with the authority to adopt rules for the prevention of operations in the field dangerous to life or property. 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 21, 1991. TRD-9110241 Lena Guerro Chairman Railroad Commission of Texas Effective date: November 1, 1991 Proposal publication date: May 7, 1991 For further information, please call: (512) 463-6977 Chapter 7. Gas Utilities Division Procedural Rules 16 TAC sec.7.1 The Railroad Commission of Texas adopts an amendment to s7.1, with changes from the proposed text as published in the July 2, 1991, Texas Register (16 TexReg 3668). The changes are in punctuation and are not substantive. The amendment is nonsubstantive and made for purposes of grammatical clarity and conformance with the provisions of 16 TAC sec.1.2 and related provisions of Chapter 7, specifically existing ssec.7.13, 7.14, 7.15, and 7.35. No comments were received regarding adoption of the amendment. The amendment is adopted under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, which requires agencies to adopt rules of practice. sec.7.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Bulletin-A division publication printed twice monthly containing information about the division such as notices of hearings, final orders and decisions, rules, and other information of general interest to the public. It shall be sent to all persons and agencies requesting to be put on the bulletin mailing list and paying the applicable fee. Transportation/Gas Utilities Division (division)-That administrative subdivision of the commission responsible for the regulation of the natural gas utility industry in Texas. Gas utility (utility)-See definition in Gas Utility Act, Texas Civil Statutes, Article 6050, and Gas Utility Regulatory Act, sec.1.03(3). Municipality-A city, incorporated village, or town, existing, created, or organized under the general, home-rule, or special laws of the state. 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 21, 1991. TRD-9110360 Martha V. Swanger Hearings Examiner, Legal Division, General Law Railroad Commission of Texas Effective date: September 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-7009 16 TAC sec.7.2 The Railroad Commission of Texas adopts an amendment to s7.2 with changes from the proposed text as published in the July 2, 1991, Texas Register (16 TexReg 3668). The amendment is non-substantive with the exception of its requirement of the filing of duplicate pleadings and documents. The amendment is made to conform to the provisions of 16 TAC sec.sec.1.21, 1.23, and 1.24 and for purposes of clarification and conformity. The changes were made in response to comments received from Lone Star Gas Company and the Association of Texas Intrastate Natural Gas Pipelines, and clarify ambiguous language and make clear that certain pleadings are to be filed with the Docket Services Section of the Legal Division rather than the Gas Utilities Section. Additional comments were made suggesting that the Transportation/Gas Utilities Division accept filings by telephonic document transfer. The commission declines to adopt this suggestion as that division does not currently have the facilities to accept high quality transmission. Filing with the Docket Service Section is governed by the Legal Division's general rules of practice and procedure, and may be done by telephonic document transfer. The amendment is adopted under the Administrative Procedure and Texas Register Act, Texas Civil Statutes Article 6252-13a, which requires agencies to adopt rules of practice. sec.7.2. Filing of Documents. Two copies of all pleadings initiating a proceeding shall be filed with the director of Transportation/Gas Utilities Division. Two copies of all other pleadings and documents shall be filed with the Docket Services Section of the Legal Division. When a copy of the signed original is filed, the party or the party's authorized representative shall maintain the signed original for examination by the commission, the examiner, the director, or any party to the proceedings, should a question arise as to its authenticity. The mailing address of the Transportation/Gas Utilities Division and the Legal Division is: Railroad Commission of Texas, P.O. Box 12967, 1701 North Congress Avenue, Austin, Texas, 78711-2967. The office hours of the Transportation/Gas Utilities Division and Legal Division are from 8 a.m. to 5 p. m. Monday-Friday. Offices are closed on Saturdays and Sundays and on certain state-observed holidays. 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 21, 1991. TRD-9110361 Martha V. Swanger Hearings Examiner, Legal Division, General Law Railroad Commission of Texas Effective date: September 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-7009 16 TAC sec.7.3 The Railroad Commission of Texas adopts an amendment to s7.3, without changes from the proposed text as published in the July 2, 1991, Texas Register (16 TexReg 3669). The amendment is nonsubstantive and made for purposes of grammatical clarity and conformance with the provisions of the rule itself and 16 TAC sec.sec.1.6, 1.23 and 1.24 and a related provision of Chapter 7, specifically, existing sec.7.2. No comments were received regarding adoption of the amendment. The amendment is adopted under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, which requires agencies to adopt rules of practice. 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 21, 1991. TRD-9110362 Martha V. Swanger Hearings Examiner, Legal Division, General Law Railroad Commission of Texas Effective date: September 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-7009 16 TAC sec.7.4 The Railroad Commission of Texas adopts new sec.7.4 without changes from the proposed text as published in the July 2, 1991, Texas Register (16 TexReg 3671). New sec.7.4 contains no substantive changes and is adopted for purposes of placing the rule in proper sequence, clarifying the rule grammatically and otherwise, and conforming the rule to the provisions of 16 TAC sec.sec.1.23 and 1.25 and a related provision of Chapter 7, specifically, existing sec.7.2. No comments were received regarding adoption of the new section. The new section is adopted under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, which requires agencies to adopt rules of practice. 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 21, 1991. TRD-9110351 Martha V. Swanger Hearings Examiner, Legal Division, General Law Railroad Commission of Texas Effective date: September 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-7009 16 TAC sec.7.5 The Railroad Commission of Texas adopts new sec.7.5, with changes from the proposal as published in the July 2, 1991, Texas Register (16 TexReg 3671) . New sec.7.5, contains no substantive changes and is adopted for purposes of placing the rule in proper sequence, clarifying the rule sequentially and otherwise, and conforming the rule to the provisions of 16 TAC sec.1.23 and sec.1. 25 and related provisions of Chapter 7, specifically, existing sec.sec.7.2, 7.6, and 7.12. No comments were received regarding adoption of the new section. The new section is adopted under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, which requires agencies to adopt rules of practice. sec.7.5. Content of Statements of Intent and Petitions for Review of Municipal Action. (a) Contents. In addition to the information required in sec.1.25 of this title (relating to Form and Content of Pleadings), and any necessary additional information required by the commission to evaluate the filing, all statements of intent to increase rates and petitions for review of action by municipality shall contain the following: (1) the proposed revisions of rates and schedules; (2) a statement specifying in detail each proposed change; (3) the effect the proposed change is expected to have on the revenues of the applicant; and (4) the classes and numbers of utility customers affected. (b) Compliance. The commission may reject any filing under this section which does not substantially comply with the requirements stated in this section at the time of filing or a reasonable time therefrom. A statement of intent or petition for review of action by a municipality shall not be deemed filed until all items listed in subsection (a) of this section have been filed with the director of the Transportation/Gas Utilities Division. This agency hereby certifies that the 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 21, 1991. TRD-9110352 Martha V. Swanger Hearings Examiner, Legal Division, General Law Railroad Commission of Texas Effective date: September 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-6858 16 TAC sec.7.6 The Railroad Commission of Texas adopts new sec.7.6, with changes from the proposal as published in the July 2, 1991, Texas Register (16 TexReg 3672) . New sec.7.6, contains no substantive changes and is adopted for purposes of placing the rule in proper sequence, clarifying the rule grammatically and sequentially, and otherwise, and conforming the rule to the provisions of 16 TAC sec.1.23 and sec.1.25 and related provisions of Chapter 7, specifically, existing ssec.7.2, 7.10, and 7.55. The changes correct an omission in that publication and retitle the section so that it refers only to increases. This reflects the current language of the Gas Utility Regulatory Act, which requires statements of intent only with increases. This latter change is made in response to a comment received from Lone Star Gas Company. The new section is adopted under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, which requires agencies to adopt rules of practice. sec.7.6. Increasing Residential and Commercial Rates-Statement of Intent. (a) Contents. In addition to the information required in sec.7.5 of this title (relating to Content of Statements of Intent and Petitions for Review of Municipal Action), the following information shall be sworn to and contained in each statement of intent to increase residential and commercial rates within the original jurisdiction of the commission: (1) a statement as to whether the proposed rates will or will not exceed 115% of this average of all rates for similar services of all municipalities served by the same utility within the same county; (2) a statement as to whether or not the proposed change will result in a "major change," as that term is defined in Texas Civil Statutes, Article 1446e, sec.5.08(b). (b) Requirement of additional information for cost of service increases in adjacent municipalities. If the rate proposed for residential and commercial rates within the original jurisdiction of the commission is the same rate as that in effect in the nearest incorporated area in Texas served by the same utility, and the rate change in the municipality is the result of an cost of service adjustment, defined in subsection (c) of this section, the gas utility shall file with the director of the Transportation/Gas Utility Division, in addition to the information listed in subsection (a) of this section, the following information: (1) all calculations used to derive the cost of service adjustment; (2) the effect of the proposed rates on each affected customer class; and (3) a copy of the cost of service adjustment clause in effect in the adjacent municipality. (c) Definition of cost of service adjustment clause. Any rate provision other than a purchased gas adjustment clause provided for in sec.7.55 of this title (relating to Gas Cost Recovery), which operates to increase or decrease rates without prior consent or authority of the appropriate regulatory authority. 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 21, 1991. TRD-9110353 Martha V. Swanger Hearings Examiner, Legal Division, General Law Railroad Commission of Texas Effective date: September 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-6858 16 TAC sec.7.7 The Railroad Commission of Texas adopts new sec.7.7, with changes from the proposed text as published in the July 2, 1991, Texas Register (16 TexReg 3672). New sec.7.7 contains no substantive changes and is adopted for purposes of placing the rule in proper sequence, clarifying the rule grammatically, sequentially and otherwise, and conforming the rule to the provisions of 16 TAC sec.1.23 and sec.1.25 and related provisions of Chapter 7, specifically, existing ssec.7.2, 7.10, 7.12, 7.20, and 7.21. The changes correct omissions in that publication and change references to "rate changes" to "rate increases" so as to reflect the current wording of the Gas Utilities Regulatory Act, which requires statements of intent only for rate increases. This last change is made in response to a comment received from Lone Star Gas Company. In addition, language in subsection (c) stating that the rule does not restrict the commissions power to investigate and hold a hearing on environs rates was deleted because it was repetitive of language in subsection (b). The new section is adopted under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, which requires agencies to adopt rules of practice. sec.7.7. Procedure to Increase Residential and Commercial Rates in Unincorporated Areas. (a) Definitions. For purposes of this section, residential and commercial rates subject to the commission's original jurisdiction shall be classified as either "environs rates" or "special rates." (1) Environs rates-Residential and commercial rates for a gas utility applicable to natural gas sales and service in unincorporated areas adjacent to or near incorporated cities and towns, aside from special rates" as defined in paragraph (2) of this subsection. (2) Special rates-Residential and commercial rates for a gas utility applicable to natural gas sales and service established pursuant to commission orders applicable only to service by a given utility within a specified area and not specifically keyed to the rates charged in any incorporated area. (b) Levels of environs rates. (1) The environs rates may be the same rates as those in effect in the nearest incorporated area in Texas served by the same utility where gas is obtained from at least one common pipeline supplier or transmission system. The commission, on application by a utility, on complaint by any affected person, or on its own motion may review the rate in, or boundaries of, a given environs area and may consent to or direct an adjustment where appropriate. (2) Notwithstanding subsection (a)(1) of this section and paragraph (1) of this subsection, environs rates shall include any quality of service rules adopted by the commission, such as sec.7.45 of this title (relating to Quality of Service). Such quality of service rules shall apply to environs areas and become part of environs rates regardless of whether the same quality of service rules are in effect in the related incorporated areas. (c) Rate increases for environs rates. Rate increases in environs shall be made in accordance with the following procedures. (1) The statement of intent and notice shall be made as otherwise required under Texas Civil Statutes, Article 1446e, sec.5.08(a) and sec.7.6 of this title (relating to Establishing and Increasing Residential and Commercial Rates-Statement of Intent). In addition, when environs rates are to be increased at the same time and to the same extent as the related incorporated area (city) rate and the proposed change does not constitute a "major change," the statement of intent to increase such environs rates shall include (in completed form) the following legend: This is a Statement of Intent to increase environs rates for the unincorporated areas in the vicinity of ___________________, and contains rates identical with and to become effective upon the same date as rates contained in a similar Statement of Intent filed on or about this date by this utility with said city. This Statement of Intent is intended to produce the same residential and commercial rates as finally approved for the City of _____________________ and applies to the rates set out herein or any lower rates finally approved for the City of _____________________. Any rate changes pursuant to this Statement of Intent will not become effective until identical changes have become effective within the City of____________________. All rate schedules filed with the environs Statement of Intent shall bear the following legend: Effective on the latter of_______________________ or such other date as new rates become effective in the City of________________________." (2) The utility shall give notice of the filing of a statement of intent to increase environs rates as required by sec.7.10 of this title (relating to Publication and Service of Notice.) (3) Upon request, the environs rates may become effective upon the same date as the rates became effective in the municipality upon a showing of good cause pursuant to Texas Civil Statutes, Article 1446e, sec.5.08(b). In no event may environs rates become effective any earlier than the initial filing date with the director of the Transportation/Gas Utilities Division. If an appeal should be taken from the city to the commission and the commission establishes rates the same as or less than those in the environs statement of intent, the rates established by the commission in the city may become simultaneously effective in the environs area. If that appeal should be dismissed, any rates which have been established in the city may become effective in the environs area at the time of dismissal, provided that the rates established in the city are the same as or less than those in the environs statement of intent. (4) Prior to final commission approval of the proposed environs rates, the utility shall furnish a copy of any action taken by the city with respect to the related statement of intent, the form of written notice mailed to affected environs area customers, and an affidavit of publication from the newspaper in which notice by publication was made, or an affidavit stating the manner in which notice was otherwise given pursuant to Texas Civil Statutes, Article 1446e, sec.5.08(a). (d) Rate changes proposed pursuant to cost of service adjustments. The commission shall review a cost of service adjustment, as defined in sec.7.6(c) of this title (relating to Increasing Residential and Commercial Rates-Statement of Intent), for a proposed environs rate on a cost of service basis. The cost of service adjustment clause in effect in the adjacent municipality shall not be applicable or put into effect for the affected environs area, although the utility may request the same rates that are in effect in the adjacent municipality for the environs area. The review of the proposed rate increases pursuant to these clauses may be conducted on an informal basis and will not require a formal hearing unless a complaint is received pursuant to subsection (c)(4) of this section or the commission elects to conduct a formal hearing. (e) Other rate changes. This section shall not apply to major rate changes or to changes in special rates. This agency hereby certifies that the 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 21, 1991. TRD-9110354 Martha V. Swanger Hearings Examiner, Legal Division, General Law Railroad Commission of Texas Effective date: September 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-7009 16 TAC sec.7.8 The Railroad Commission of Texas adopts new sec.7.8, with changes from the proposal as published in the July 2, 1991, Texas Register (16 TexReg 3673) , so as to correct a typographical error in that publication. New sec.7.8, contains no substantive changes and is adopted for purposes of placing the rule in proper sequence, clarifying the rule grammatically and sequentially, and conforming the rule to the provisions of 16 TAC sec.1.23 and sec.1.48 and related provisions of Chapter 7, specifically, existing sec.sec.7.2 and 7.21. No comments were received regarding adoption of the new section. The new section is adopted under the Administrative Procedure and Texas Register Act, Texas Civil Statutes Annotated Article 6252-13a, which requires agencies to adopt rules of practice. sec.7.8. Deadline for the Filing of Prepared Testimony and Exhibits by a Utility Seeking Appellate Review of Municipal Action and Statements of Intent to Increase a City Gate Rate. (a) Petitions for review. Any utility filing a petition for review appealing the decision of the governing body of a municipality to the commission shall file its direct evidence to support its proposed rate increaser, including those items required pursuant to sec.7.50 of this title (relating to Certain Matters To Be Submitted in Rate Hearings), and prepared testimony of all of its witnesses and exhibits with the director of the Transportation/Gas Utilities Division on the same date it files its petition for review. (b) Statements of intent to increase city gate rates. Any utility filing a statement of intent to increase a city gate rate which is subject to the original jurisdiction of the commission shall file its direct evidence to support its proposed rate increase, including those items required pursuant to sec.7.50, and prepared testimony of all of its witnesses and exhibits with the director of the Transportation/Gas Utilities Division on the same date it files its statement on intent. 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 21, 1991. TRD-9110355 Lena Guerrero Chairman Railroad Commission of Texas Effective date: September 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-7009 16 TAC sec.7.9 The Railroad Commission of Texas adopts new sec.7.9 with changes to correct an omission in the proposal as published in the July 2, 1991, Texas Register (16 TexReg 3673). New sec.7.9 contains no substantive changes and is adopted for purposes of placing the rule in proper sequence and conforming the rule to the provisions of 16 TAC sec.1.24 and sec.1.43 as well as Texas Civil Statutes, Article 1446e, sec.5. 08(a), and related provisions of Chapter 7, specifically, existing s7.2 and sec.7.13. In addition, a change has been made in response to a comment from Lone Star Gas Company. It clarifies that all filings with the Legal Division shall be with the Docket Services Section. An additional comment was received suggesting that the section be amended to conform with the Gas Utility Regulatory Act and allow for notice by publication. The commenter apparently misread the section, and the commission declines to make any additional changes to the section as the language clearly allows for notice by publication in accordance with the Gas Utility Regulatory Act. The new section is adopted under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, which requires agencies to adopt rules of practice. sec.7.9. Contents of Notice. (a) Rate setting notice. In all proceedings involving rate setting, the notice shall include the following information: (1) the proposed revision of rates and schedules; (2) a statement specifying in detail each proposed change; (3) the effect the proposed change is expected to have on the revenues of the company; (4) the classes and numbers of utility customers affected; (5) any other information required by the commission. (b) Environs notice. In addition to the information required in subsection (a) of this section, in all proceedings involving statements of intent to change "environs rates," as that term is defined in sec.7.7(a)(1) of this title (relating to Procedure to Establish and Increase Residential and Commercial Rates in Unincorporated Areas), notice shall also include: the date of the filing of the statement of intent, a statement as to whether or not the proposed rates constitute a "major change," a statement that the proposed change in rates will not become effective until similar changes have become effective within the nearest incorporated city if the rates are sought to be at the same level as the city rates, the location where information concerning the proposed change may be obtained, and a statement that any affected person may file in writing comments or a protest concerning the proposed change in the environs rates with the Docket Services Section of the Legal Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967, at any time within 30 days following the date on which the change would or has become effective. If notice is effected by mail under the provisions of Texas Civil Statutes, Article 1446e, sec.5.08(a), such notice shall be printed in type large enough for easy reading and shall be the only information contained on the piece of paper on which it is written. It shall be proper for the utility to give the aforesaid notice by mailing or otherwise delivering the same in accordance with its customary billing procedures. This agency hereby certifies that the 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 21, 1991. TRD-9110356 Martha V. Swanger Hearings Examiner, Legal Division, General Law Railroad Commission of Texas Effective date: September 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-7009 16 TAC sec.sec.7.10-7.15, 7.20-7.22, 7.25-7.27, 7.35 The Railroad Commission of Texas (commission) adopts the repeal of sec.sec.7. 10-7.15, 7.20-7.22, 7.25-7.27, and 7.35. The repeal of sec.sec.7.11, 7.25, 7.26, and 7.27 concerning, respectively, filing of documents, proposals for decision, filing of exceptions and replies, and final decisions and orders. The repeals are adopted because the commission's general rules of practice and procedure effective June 1, 1991, render these sections repetitive and unnecessary. All repeals are nonsubstantive. The commission also adopts the repeal of sec.7.14 (procedure for abandonment or discontinuance of service), sec.7.10 (contents of pleadings), sec.7.12 (establishing and changing residential and commercial rates-statement of intent), sec.7.13 (procedure to establish and change residential and commercial rates in unincorporated areas), sec.7.15 (deadline for the filing of prepared testimony and exhibits by a utility seeking appellate review of municipal action and statements of intent to increase a city gate rate), sec.7.20 (contents of notice), sec.7.21 (publication and service of notice), and sec.7.22 (statements of intent to participate) and simultaneously adopts new sec.sec.7.4, 7.5, 7.6, 7.7, 7.8, 7.9, 7.10, and 7.11, respectively, also concerning the same subject matters. The repeals and simultaneously adoptions are intended to renumber and clarify the rules and to assure uniformity with and eliminate repetition of the commission's general rules of practice and procedure effective June 1, 1991. All repeals and adoptions are nonsubstantive. The commission adopts the repeal of sec.7.35 and simultaneously adopts new sec.7.48, both concerning construction work in progress and allowance for funds used during construction. The repeal and simultaneous adoption place the rule in the proper undesignated head relating to substantive rather than procedural rules and clarify the rule. The commission adopts the amendment to sec.sec.7.1, 7.2 and 7.3 concerning, respectively, definitions, filing of documents, and communications by gas utilities with members or employees of the commission. The amendments are made for purposes of clarity and to assure uniformity with, and eliminate repetition of, the commission's general rules of practice and procedure effective June 1, 1991. All amendments, with the exception of a provision for duplicate filings of pleadings and documents contained in sec.7.2, are nonsubstantive. No comments were received regarding adoption of the repeals. The repeals are adopted under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, which requires an agency to adopt rules of practice. 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 21, 1991. TRD-9110349 Martha V. Swanger Hearings Examiner, Legal Division, General Law Railroad Commission of Texas Effective date: September 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-7009 16 TAC sec.7.10 The Railroad Commission of Texas adopts new sec.7.10, with changes from the proposed text as published in the July 2, 1991, Texas Register (16 TexReg 3674). New sec.7.10, contains no substantive changes and is adopted for purposes of placing the rule in proper sequence, clarifying the rule grammatically and sequentially, and conforming the rule to the provisions of 16 TAC sec.sec.1.18, 1.23, 1.24, 1.42, 1.45, and 1.48, as well as Texas Civil Statutes, Article 1446e, sec.5.08(a) and related provisions of Chapter 7, specifically existing sec.sec.7.2, 7. 13, and 7.15. This section is being adopted with a change in response to comments received from Lone Star Gas Company and the Association of Texas Intrastate Natural Gas Pipelines. Language has been added to clarify that the Gas Utilities Division Bulletin is a commission publication, and the commission will affect notice in the Bulletin. Comments were also received suggesting that subsection (b)(3) specifically state that service may be affected by mail. The commission declines to adopt changes in response to these comments as "service" is governed by the Legal Division's general rules of practice and procedure which specifically allows for service by mail. The new section is adopted under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, which requires agencies to adopt rules of practice. sec.7.10. Publication and Service of Notice. (a) Rate-setting proceedings. (1) In all rate proceedings, notice shall be given in the following ways. (A) The commission shall direct publication of the notice of hearing in the next Gas Utilities Division Bulletin published after the date of issuance of the notice of hearing. (B) Notice shall be given in accordance with sec.1.45 of this title (relating to Notice of Hearing in Nonrulemaking Proceedings) and, when applicable, sec.1.48 of this title (relating to Service in Protested Contested Cases). (C) Notice shall be given in all rate proceedings as required under Texas Civil Statutes, Article 1446e, sec.5.08(a). (D) The Legal Division may also require that notice be mailed or delivered to other affected persons or agencies. (2) In addition to the notice required in paragraph (1) of this subsection, notice shall also be given in rate proceedings involving only the commission's appellate jurisdiction, by serving all parties in the original rate proceeding and the affected municipality with a copy of petition for review on the same date the petition for review is filed. If any person or entity intervenes, the utility shall furnish a copy of its direct evidence and prepared testimony filed with the director of the Transportation/Gas Utilities Division, to the intervenor within five days from the date the motion to intervene is granted. (3) In addition to notice required in paragraph (1) of this subsection, notice shall also be given in rate proceedings involving city gate rates, by serving all directly affected customers with a copy of the statement of intent on the same date the statement of intent is filed. If any person or entity intervenes, the utility shall furnish a copy of its direct evidence and prepared testimony filed with the director of the Transportation/Gas Utilities Division, to the intervenor within five days from the date the motion to intervene is granted. (b) Rulemaking proceedings. In rulemaking proceedings, notice shall be given in the following ways. (1) Notice shall be given in accordance with sec.1.42 of this title (relating to Notice of Rulemaking Proceedings). (2) The Legal Division shall mail notice to all persons who have made timely written requests of the commission for advance notice of its rule-making proceedings. (3) The commission shall direct publication of the notice of hearing in the next Gas Utilities Bulletin published after the date of issuance of the notice of hearing. (4) The Legal Division may require the applicant to mail or deliver notice to other affected persons or agencies. (c) Proceedings other than ratesetting or rulemaking proceedings. In proceedings other than ratesetting or rulemaking, notice shall be given in the following ways. (1) The commission shall direct publication of the notice of hearing in the next Gas Utilities Bulletin published after the date of issuance of the notice of hearing. (2) The Legal Division may require the applicant to mail or deliver notice to other affected persons or agencies. This agency hereby certifies that the 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 21, 1991. TRD-9110357 Martha V. Swanger Hearings Examiner, Legal Division, General Law Railroad Commission of Texas Effective date: September 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-7009 16 TAC sec.7.11 The Railroad Commission of Texas adopts new sec.7.11, without changes in the proposed text as published in the July 2, 1991, Texas Register (16 TexReg 3674). New sec.7.11, contains no substantive changes and is adopted for purposes of placing the rule in proper sequence, clarifying the rule, and conforming the rule to the provisions of 16 TAC sec.1.24 and a related provision of Chapter 7, specifically, existing sec.7.2. No comments were received regarding adoption of the new section. The new section is adopted under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, which requires agencies to adopt rules of practice. 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 21, 1991. TRD-9110358 Martha V. Swanger Hearings Examiner, Legal Division, General Law Railroad Commission of Texas Effective date: September 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-7009 Substantive Rules 16 TAC sec.7.48 The Railroad Commission of Texas adopts new sec.7.48, without changes to the proposed text as published in the July 2, 1991, Texas Register (16 TexReg 3675). New sec.7.48, contains no substantive changes and is adopted for purposes of placing the rule in proper sequence and clarifying the rule. No comments were received regarding adoption of the new section. The new section is adopted under the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, which requires agencies to index and make available for public inspection all statements of policy. 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 21, 1991. TRD-9110359 Martha V. Swanger Hearings Examiner, Legal Division, General Law Railroad Commission of Texas Effective date: September 16, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-7009 Part IV. Texas Department of Licensing and Regulation Chapter 60. Texas Commission of Licensing and Regulation Subchapter C. Fees 16 TAC sec.60.69 The Texas Department of Licensing and regulation adopts an amendment to sec.60.69, concerning Manufactured Housing Division fees, without changes to the proposed text as published in the June 21, 1991, issue of the Texas Register (16 TexReg 3345). The adjustment of fees allows the manufactured housing program to satisfy Texas Civil Statutes, Article 5221f and Article 9100. The method of collecting fees will remain the same. An individual, representing the Texas Manufactured Housing Association, supported the amendment. A commenter in favor of adopting the amendment as proposed was the Texas Manufactured Housing Association. The amendment is adopted under Texas Civil Statutes, Article 9100, which provide the Texas Commission of Licensing and Regulation with the authority to adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available. 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 23, 1991. TRD-9110338 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Effective date: September 13, 1991 Proposal publication date: June 21, 1991 For further information, please call: (512) 463-3127 Chapter 69. Manufactured Housing Standards and Requirements 16 TAC sec.69.52 The Texas Department of Licensing and Regulation adopts an amendment to sec.69.52, concerning the definition of a permanent foundation, without changes to the proposed text as published in the June 21, 1991, issue of the Texas Register (16 TexReg 3345). The amendment is adopted to expand the definition of a permanent foundation. The amendment allows the consumer/mortgator and the lender/mortgagee to certify, in a real estate transaction, that the home has been permanently affixed to the real estate. This will allow the mortgagee to obtain a real estate loan without having to place the home on a permanent foundation. An individual, representing the Texas Manufactured Housing Association, spoke in favor of the amendment. A commenter in favor of adopting the amendment as proposed was the Texas Manufactured Housing Association. The amendment is adopted under Texas Civil Statutes, Article 5221f, which provide the commissioner of the Texas Department of Licensing and Regulation with the authority to adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available. 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 23, 1991. TRD-9110337 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Effective date: September 13, 1991 Proposal publication date: June 21, 1991 For further information, please call: (512) 463-3127 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 1. Executive Administration Fee Schedule 31 TAC sec.1.91 The General Land Office adopts an amendment to sec.1.91, concerning fees, without changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3994). The amendment will allow a more timely response to requests and provide a cost reduction where a narrative certificate is not needed. The amendment changes the fee schedule for certificates of facts. It also provides for alternative formats for certificates of facts. A new, abbreviated format, as defined in the rule, will be available in addition to the traditional narrative format. No comments were received regarding adoption of the amendment. The amendment is adopted under Natural Resources Code, s31.051, which authorizes the commissioner of the General Land Office to make and enforce rules consistent with the law, and sec.31.064, which instructs the commissioner to determine, set, and collect reasonable fees. 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 22, 1991. TRD-9110284 Garry Mauro Commissioner General Land Office Effective date: September 13, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 463-5394 TITLE 37. PUBLIC SAFETY AND CORRECTION Part VIII. Commission on Fire Protection Personnel Standards and Education Chapter 233. Standards for Certification 37 TAC sec.233.5 The Commission on Fire Protection Personnel Standards and Education adopts an amendment to sec.233.5 concerning definitions, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4268). The amendment to this section will provide a clear and concise definition for the term "Class Hour" as established by the commission. The rules established by this amendment to this section will enable individuals and fire service organizations who come under the regulatory authority of this agency to understand the training requirements and facilitate compliance. No comments were received regarding adoption of the amendment. The amendment is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, which provides the Commission on Fire Protection with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. 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 26, 1991. TRD-9110363 K. R. Etheridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: September 16, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 837-9851 37 TAC sec.233.9 The Commission on Fire Protection Personnel Standards and Education adopts an amendment to sec.233.9 concerning minimum standards for basic structural fire protection personnel, without changes to the proposed text as published in the July 30, 1991, issue of the Texas Register (16 TexReg 4144). The amendment to this section will provide clear and concise language pertaining to obtaining and maintaining basic fire fighter certification in the State of Texas. The rules established by this amendment to this section will enable individuals and fire service organizations who come under the regulatory authority of this agency to understand the requirements and facilitate compliance. No comments were received regarding adoption of the amendment. The amendment is adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, which provides the Commission on Fire Protection with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. 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 26, 1991. TRD-9110364 K. R. Etheridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: September 16, 1991 Proposal publication date: July 30, 1991 For further information, please call: (512) 837-9851 37 TAC sec.sec.233.11, 233.13, 233.15 The Commission on Fire Protection Personnel Standards and Education adopts amendments to sec.sec.233.11, 233.13, and 233.15 concerning standards for certification without changes to the proposed text as published in the July 30, 1991, issue of the Texas Register (16 TexReg 4145). The amendments will provide clear and concise language pertaining to requirements for higher levels of structure firefighter certification in the State of Texas. The amendments will result in a more efficient and better trained fire service due to specific fire service related training requirements for higher levels of certification. No comments were received regarding adoption of the amendments. The amendments are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, which provides the Commission on Fire Protection with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. 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 26, 1991. TRD-9110365 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: September 16, 1991 Proposal publication date: July 30, 1991 For further information, please call: (512) 837-9851 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 24. Reimbursement Methodology for Medical Assistance Programs Subchapter F. Dispute Resolution 40 TAC sec.24.601 The Texas Department of Human Services (DHS) adopts an amendment to sec.24. 601, concerning reviews and administrative hearings without changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3995). The amendment is justified by a need to update the address to which providers write to request a hearing. The amendment will function by revising an outdated DHS mail code. The department received no comments regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 23, 1991. TRD-9110312 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 450-3765 State Board of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's note: As required by the Insurance Code, Article 5.96 and Artice 5.97, the Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act, and the final actions printed in this section have not been previously published as proposals. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 1110 San Jacinto Street, Austin.) The State Board of Insurance has approved a filing by Insurance Services Office, Inc. proposing revisions to the General Liability and Crime Sections of the Simplified Commercial Lines Classification Table. This filing is approved to become effective December 1, 1991, in accordance with the following rule of application. These changes are applicable to all policies effective on or after December 1, 1991. No policy effective prior to December 1, 1991, shall be endorsed or canceled and rewritten to take advantage of or to avoid the application of these changes except at the request of the insured and using the cancellation procedures applying on the date of such request. This notification is filed pursuant to the Insurance Code, Article 5.97, which exempts it from the requirements of the Administrative Procedure and Texas Register 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 August 22, 1991. 9110247 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: December 1, 1991 For further information, please call: (512) 463-6327 The State Board of Insurance has adopted amendments to the Texas Automobile Liability Experience Rating Plan (the plan). Recent legislation (House Bill 1583 in the 1991 regular session) necessitates amending in plan by changing the definition of basic limits losses and by adding a provision that on or before December 31, 1991, an insured may request the Texas Department of Insurance to recompute the insured's current year experience modifier based on the terms of the Texas Insurance Code, (new) Article 5.04-1. The amendments to the plan are adopted to be effective on and after 12:01 a.m. , September 1, 1991. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register 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 August 23, 1991. TRD-9110288 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: September 1, 1991 For further information, please call: (512) 463-6327 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 Cosmetology Commission Sunday-Monday, September 15-16, 1991, 9 a.m. The Texas Cosmetology Commission will meet at the Bristol Suites, 7800 Alpha Road, Dallas. According to the complete agenda, the commission will call the meeting to order; make introductions; approve minutes from last meeting; resolution naming new cosmetology building; hold a public hearing on rule changes; and adjourn. The commission will convene at 9 a.m. on Sunday, and continue through the day on proposed rule changes; reconvene on Monday in the same meeting room to complete the public hearing on rule changes, if necessary. Both meetings are being posted in compliance with the Administrative Procedures Act, however, the Monday meeting will not be held if the public hearing on rule changes is completed on Sunday. Contact: Alicia Ayers, 5717 Balcones, Austin, Texas 78735, (512) 454-4674. Filed: August 23, 1991, 1:56 p.m. TRD-9110255 Texas Department of Criminal Justice, Board of Pardons and Paroles Tuesday-Friday, September 3-6, 1991, 10 a.m. The Texas Department of Criminal Justice, Board of Pardons and Paroles will meet at 2503 Lake Road, Suite #9, Huntsville. According to the agenda summary, a panel (composed of 3 board members) will receive, review, and consider information and reports concerning prisoners/inmates and administrative releasees subject to the board's jurisdiction and initiate and carry through with appropriate action. Contact: Juanita Llamas, 8610 Shoal Creek Boulevard, Austin, Texas 78758, (512) 459-2744. Filed: August 26, 1991, 2:18 p.m. TRD-9110380 East Texas State University Wednesday, August 28, 1991, 10 a.m. The Board of Regents, Campus Planning, Finance and Audit Committees met at East Texas State University, Commerce. According to the complete agenda, the committee adopted the FY 1992 operating budget for ETSU-Texarkana; and adoption of FY 1992 operating budget for ETSU-Commerce. Contact: Charles Turner, East Texas State University, E T Station, Commerce 75429, (903) 886-5539. Filed: August 22, 1991, 12:10 p.m. TRD-9110252 Employees Retirement System of Texas Thursday, September 5, 1991, 9 a.m. The Group Insurance Advisory Committee of the Employees Retirement System of Texas will meet at the Texas Rehabilitation Commission, Room 1410, 4900 North Lamar Boulevard, Austin. According to the agenda summary, the committee will call the meeting to order; recognition of new members, visitors and guests; approval of minutes from previous meeting; election of officers; ERS update; action on recommendations from the Subcommittee on dual choice option; appointments to standing subcommittee; schedule next committee meeting; other related insurance matters; and adjournment. Contact: James W. Sarver, 18th and Brazos Streets, Austin, Texas 78701, (512) 867-3217. Filed: August 26, 1991, 3:26 p.m. TRD-9110387 Texas Employment Commission Wednesday, August 28, 1991, 8:30 a.m. The Texas Employment Commission met at the TEC Building, 101 East 15th Street, Room 644, Austin. According to the emergency revised agenda summary, the commission will meet in executive session to discuss threatened litigation regarding award of contract to construct building in Brownsville; reconvene to discuss actions, if any, resulting from executive session. The emergency status was necessary as there was imminent threat of litigation regarding construction of agency building in Brownsville and the need to confer with attorneys regarding same. Contact: C. Ed Davis, 101 East 15th Street, Austin, Texas 78778, (512) 463-2291. Filed: August 26, 1991, 4:10 p.m. TRD-9110397 Tuesday, September 3, 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 approve prior meeting notes; internal procedures of commission appeals; consideration and action on higher level appeals in unemployment compensation cases on Commission Docket 36; and set date of next meeting. Contact: Courtenay Browning, 101 East 15th Street, Austin, Texas 78778, (512) 463-2226. Filed: August 26, 1991, 4:12 p.m. TRD-9110398 The Texas Growth Fund Wednesday, September 4, 1991, 9:30 a.m. The Board of Directors of the Texas Growth Fund will meet at the Teacher's Retirement System Building, Fifth Floor, 1000 Red River Street, Austin. According to the agenda summary, the board will approve the minutes of the July 2, 1991, meeting; hear report of the executive director search committee; receive, discuss and take appropriate action on proposals for executive search services; report of operations and investment policy committee; report of co-investor qualifications committee; receive, discuss and take appropriate action on proposals for general legal counsel services; and such other matters as may come before the board. Contact: Winsome Jean, 201 East 14th Street, Room 706-A, Austin, Texas 78701, (512) 463-1814. Filed: August 23, 1991, 4:18 p.m. TRD-9110330 Texas Department of Health Saturday, August 24, 1991, 8 a.m. The Executive Committee of the Texas Department of Health met at 1100 West 49th Street, Texas Department of Health, Room M-741, Austin. According to the complete emergency revised agenda, the committee considered and possibly acted on items of procedure for the August 24, 1991 meeting of the Board of Health; and long term care investigation. The emergency status was necessary due to unforeseeable circumstances of having to correct substantive error in agenda item. Contact: Kris Lloyd, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7484. Filed: August 23, 1991, 3:07 p.m. TRD-9110327 State Department of Highways and Public Transportation Wednesday, August 28, 1991, 9:30 a.m. The State Highway and Public Transportation Commission of the State Department of Highways and Public Transportation met at the Dewitt C. Greer Building, 125 East 11th Street, Room 101, First Floor, Austin. According to the emergency revised agenda summary, the commission also discussed Hidalgo County-RS 16(3)-Walker Contractors, Inc. through Phoenix Asset Management, Inc., Trustee. The emergency status was necessary to comply with the settlement agreement and order entered and approved by Federal Bankruptcy Court. Contact: Robert E. Shaddock, Dewitt C. Greer Building, Room 203, Austin, Texas 78701, (512) 463-8576. Filed: August 23, 1991, 2:03 p.m. TRD-9110314 State Board of Insurance Wednesday, September 4, 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 for amendment to the Declaration of Subscribers of Texas Citrus and Vegetable Insurance Exchange, McAllen, changing the location of the principal office of the exchange, amending provisions relating to the election and functions of the advisory committee and to special meetings of such committee, replacing the attorney-in-fact, and limiting liability of subscribers and officers, agents and employees. Docket Number 11277. Contact: Kelly Townsell, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 26, 1991, 4:32 p.m. TRD-9110402 Thursday, September 5, 1991, 2:30 p.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider the application of Pima Capital Company to acquire control of U.B.I. Life Insurance Company and issuance of a Surplus Debenture by U.B.I. Life Insurance Company. Docket Number 11272. Contact: Kelly Townsell, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 26, 1991, 4:32 p.m. TRD-9110404 Friday, September 6, 1991, 1:30 p.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider the application of Barry Wayne Duncan, Dallas, for a Group I, Legal Reserve Life Insurance Agent's license. Docket Number 11274. Contact: Kelly Townsell, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 26, 1991, 4:33 p.m. TRD-9110405 Monday, September 9, 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 Rodolfo Camerena, of Laredo, for a Group II Insurance Agent's license and whether disciplinary action should be taken on his Group I, Legal Reserve Life Insurance Agent's license. Docket Number 11284. Contact: Kelly Townsell, 333 Guadalupe Street, Hobby I, Austin, Texas 78701, (512) 475-2983. Filed: August 26, 1991, 4:32 p.m. TRD-9110403 Lamar University System Thursday, August 29, 1991, 9 a.m. The Committees of the Board of Regents of Lamar University System met at the John Gray Institute, Map Room, 855 Florida Street, Beaumont. According to the agenda summary, the committees reviewed and discussed: building and grounds; academic affairs; finance and audit; personnel; and met in executive session, held under provisions of Vernon's Civil Statutes, Article 6252-17, sec.2, (3)(e), legal; (f), real estate; and (g), personnel. Contact: George McLaughlin, P.O. Box 11900, Beaumont, Texas 77710, (409) 880-2304. Filed: August 23, 1991, 11:58 a.m. TRD-9110308 Thursday, August 29, 1991, 1 p.m. The Board of Regents of Lamar University System met at the John Gray Institute, Map Room, 855 Florida Street, Beaumont. According to the agenda summary, the board called the meeting to order; gave invocation; may have approved minutes; heard chairman's comments-chancellor's comments; considered recommendations of building and grounds committee; academic affairs committee; finance and audit committee; personnel committee; heard regents' comments and suggestions; and adjourned. Contact: George McLaughlin, P.O. Box 11900, Beaumont, Texas 77710, (409) 880-2304. Filed: August 23, 1991, 10:28 a.m. TRD-9110294 Texas Board of Professional Land Surveying Friday, August 23, 1991, 9 a.m. The Texas Board of Professional Land Surveying met at 7701 North Lamar Boulevard, Suite 400, Austin. According to the complete emergency revised agenda, the board may have approved the minutes of the previous meeting; discussed correspondence; selected the October, 1991 examination; heard committee reports; conducted interviews; and considered new business. The emergency status was necessary as the board would meet on Friday, August 23, only. The meeting was originally scheduled for August 23-24. Contact: Sandy Smith, 7701 North Lamar Boulevard, Suite 400, Austin, Texas 78752, (512) 452-9427. Filed: August 22, 1991, 2:21 p.m. TRD-9110259 Texas Department of Licensing and Regulation Tuesday, September 3, 1991, 9 a.m. The Business and Occupational Programs, Tow Trucks of the Texas Department of Licensing and Regulation will meet at 920 Colorado Street, E. O. Thompson Building, Room 1012, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the respondent's license for E. Chris Wagner for violation of Statutes, Articles 6687-9b and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: August 22, 1991, 4:37 p.m. TRD-9110281 Tuesday, September 3, 1991, 10:30 a.m. The Business and Occupational Programs, Tow Trucks of the Texas Department of Licensing and Regulation will meet at 920 Colorado Street, E. O. Thompson Building, Room 1012, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the respondent's license for E. Salas and Sons, E. Salas for violation of Statutes, Articles 6687-9b and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: August 22, 1991, 4:36 p.m. TRD-9110280 Thursday, September 5, 1991, 9 a.m. The Texas Commission of Licensing and Regulation of the Texas Department of Licensing and Regulation will meet at 920 Colorado Street, E. O. Thompson Building, Room 1012, Austin. According to the agenda summary, the department will call the meeting to order; take roll call; approval of minutes of June 13, 1991 meeting; hearing of contested cases and agreed orders; discuss old business-proposed changes to manufactured housing rules, air conditioning and refrigeration rules, boxing rules and Texas Commission of Licensing and Regulation rules; discuss new business: proposed rules for Senate Bill 773, property tax professionals, special inspection/potential witness fees-manufactured housing; Senate Bill 1539-manufactured housing; Senate Bill 1520-temporary common workers; House Bill 2269-auctioneers, industrial housing and buildings; designation of approved signatures on vouchers; hear public comment; agency report; homeowner's recovery fund report; meet in executive session pursuant to Texas Civil Statutes, Article 6252-17, Subsections 1(e) and 2(g) to consider pending litigation; and adjourn. Contact: Larry E. Kosta, 920 Colorado Street, Austin, Texas 78701, (512) 463-3173. Filed: August 23, 1991, 4:40 p.m. TRD-9110339 Friday, September 6, 1991, 9 a.m. The Board of Boiler Rules of the Texas Department of Licensing and Regulation will meet at the E. O. Thompson Building, 920 Colorado Street, 10th Floor Conference Room, Austin. According to the complete agenda, the board will call the meeting to order; take roll call; introduction of visitors; adoption of agenda; approval of minutes of March 8, 1991; hear administrative report; task force reports to include controls and safety devices for automatically fired boilers, unfired steam boilers, gas fired jacketed kettles, electronically transmitted data, Texas Boiler Law Rewrite, pressure relief valves, boiler repairs and alterations; discuss old business to include sec.65.50(c), inspection report forms/boiler rules; plan next meeting; and adjournment. Contact: George Bynog, 920 Colorado Street, Austin, Texas 78701, (512) 463-2904. Filed: August 26, 1991, 12:24 p.m. TRD-9110372 Friday, September 6, 1991, 10:30 a.m. The Business and Occupational Programs, Boxing 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 James Martinez for violation of Statutes, Articles 8501-1 and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: August 27, 1991, 9:28 a.m. TRD-9110439 Monday, September 9, 1991, 9 a.m. The Business and Occupational Programs, Tow Trucks of the Texas Department of Licensing and Regulation will meet at 920 Colorado Street, E. O. Thompson Building, Room 1012, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the respondent's license for Peggy J. Jones for violation of Statutes, Articles 6687-9b and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: August 27, 1991, 9:29 a.m. TRD-9110441 Monday, September 9, 1991, 1 p.m. The Business and Occupational Programs, Tow Trucks of the Texas Department of Licensing and Regulation will meet at 920 Colorado Street, E. O. Thompson Building, Room 1012, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the respondent's license for Tom Jones for violation of Statutes, Articles 6687-9b and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: August 27, 1991, 9:29 a.m. TRD-9110440 Tuesday, September 24, 1991, 9 a.m. The Business and Occupational Programs, Tow Trucks of the Texas Department of Licensing and Regulation will meet at 920 Colorado Street, E. O. Thompson Building, Room 1012, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the respondent's license for USA Recovery, Lana Kelly for violation of Statutes, Articles 6687-9b and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: August 22, 1991, 4:36 p.m. TRD-9110278 Monday, October 7, 1991, 9 a.m. The Business and Occupational Programs, Tow Trucks of the Texas Department of Licensing and Regulation will meet at 920 Colorado Street, E. O. Thompson Building, Room 1012, Austin. According to the complete agenda, the department will hold an administrative hearing to consider the possible assessment of an administrative penalty and denial, suspension or revocation of the respondent's license for Timothy Baker for violation of Statutes, Articles 6687-9b and 9100. Contact: Paula Hamje, 920 Colorado Street, Austin, Texas 78701, (512) 475-2899. Filed: August 22, 1991, 4:36 p.m. TRD-9110279 State Medical Education Board Saturday, September 14, 1991, 2 p.m. The State Medical Education Board will meet at the Chevy Chase Office Complex, Building IV, Room 4.221, 7715 Chevy Chase Drive, Austin. According to the complete agenda, the board will request reduction of penalty-Dr. Michael Jones; review accounts needing board attention; consider adopting rules and regulations; and discuss other business. Contact: Mack Adams, P.O. Box 12788, Austin, Texas 78711, (512) 483-6340. Filed: August 23, 1991, 10:30 a.m. TRD-9110298 Texas State Board of Medical Examiners Thursday, August 22-24, 1991, 4 p.m., 9 a.m., and 8 a.m. respectively. The Texas State Board of Medical Examiners held an emergency meeting at 1101 Camino La Costa, Suite 201, Austin. According to the emergency revised agenda summary, the board added an agreed order; and met in executive session under authority of Article 6252-17, as related to Article 4495b, 2.07, 3.05(d), 4.05(d), 5.06(s)(1) and Opinion of Attorney General 1974, Number H-484. The emergency status was necessary as information had come to the attention of the agency and merited prompt consideration. Contact: Pat Wood, P.O. Box 13562, Austin, Texas 78711, (512) 452-1078. Filed: August 22, 1991, 11:55 a.m. TRD-9110250 Midwestern State University Wednesday, August 28, 1991, 10 a.m. The Board of Regents of Midwestern State University met at the Hardin Administration Building, MSU, Wichita Falls. (via telephone hook-up). According to the complete agenda, the board was presented with the 1991-1992 university budget for approval; additional recommendations were made concerning the new telephone system; and the operation of concessions at MSU. Contact: Deborah L. Barrow, 3400 Taft Boulevard, Wichita Falls, Texas 76308, (817) 692-6551. Filed: August 22, 1991, 3:04 p.m. TRD-9110262 Board of Vocational Nurse Examiners Monday-Wednesday, September 16-18, 1991, 8 a.m. The Board of Vocational Nurse Examiners will meet at the Ramada Inn Airport (Frontier Room), 5660 North IH-35, Austin. According to the agenda summary, on Monday, the board will call the meeting to order; approve minutes; hear education report (program matters, program actions, meetings/conferences attended); discuss unfinished business (budget update-C.E. Newsletter; expenditures for FY 1991, travel, prehearing conferences); hear executive director's report; discuss new business (election of board officers for FY 1992), administrative hearings; on Tuesday, the board will hold administrative hearings continued and agreed orders/voluntary surrenders; and Wednesday, administrative hearings continued (if necessary) and adjourn. On call-executive session to discuss personnel changes/matters. Contact: Marjorie A. Bronk, 9101 Burnet Road, #105, Austin, Texas 78758, (512) 835-2071. Filed: August 27, 1991, 9:02 a.m. TRD-9110437 Texas Department of Public Safety Wednesday, September 4, 1991, 11 a.m. The Public Safety Commission of the Texas Department of Public Safety will meet at the DPS Headquarters, Commission Room, 5805 North Lamar Boulevard, Austin. According to the complete agenda, the commission will approve minutes; discuss budget matters; personnel matters; pending and contemplated litigation; real estate matters; miscellaneous and other unfinished business; and promotional reception. Contact: Joe E. Milner, 5805 North Lamar Boulevard, Austin, Texas 78752, (512) 465-2000, ext. 3700. Filed: August 23, 1991, 10:34 a.m. TRD-9110304 Public Utility Commission of Texas Wednesday, September 4, 1991, 9:05 a.m. The Administrative Committee of the Public Utility Commission will meet at 7800 Shoal Creek Boulevard, Suite 450N, Austin. According to the agenda summary, the committee will discuss: reports, discussion and action on budget and fiscal matters; proposal for secretary of the commission duties; meet in executive session to consider: litigation matters; discussion and decision regarding pending or threatened litigation; personnel matters; reconvene for discussion and decisions on matters considered in executive session; set time and place for next meeting; and adjourn. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 26, 1991, 3:13 p.m. TRD-9110382 Wednesday, September 4, 1991, 10 a.m. (rescheduled from Tuesday, August 27, 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 8289-petition of the City of Panorama Village, for termination of mandatory extended area service between the Cities of Panorama Village and New Waverly. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 22, 1991, 2:22 p.m. TRD-9110260 Monday, September 9, 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 10561-application of Jackson Electric Cooperative, Inc. for authority to change rates. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 22, 1991, 2:16 p.m. TRD-9110258 Friday, September 20, 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 9953-application of Texas-New Mexico Power Company for a certificate of convenience and necessity for proposed transmission line within Denton County. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 26, 1991, 3:15 p.m. TRD-9110384 Wednesday, September 25, 1991, 10 a.m. (rescheduled from September 12, 1991, at 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 rescheduled hearing on the merits in Docket Number 9953-application of Texas-New Mexico Power Company for a certificate of convenience and necessity for proposed transmission line within Denton County. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 26, 1991, 3:15 p.m. TRD-9110385 Wednesday, December 18, 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 10449-application of Sugar Land Telephone Company to revise tariff for digital loop access connection credit. Contact: Mary Ross McDonald, 7800 Shoal Creek Boulevard, Austin, Texas 78757, (512) 458-0100. Filed: August 23, 1991, 2:43 p.m. TRD-9110324 State Purchasing and General Services Commission Wednesday, August 28, 1991, 9:30 a.m. The State Purchasing and General Services Commission met at the Central Services Building, 1711 San Jacinto Street, Conference Room 402, Austin. According to the complete emergency revised agenda, the commission considered approving an interim operating budget. The emergency action was necessary to approve an interim operating budget because of the delays in legislation recreating the agency and appropriating funds to it. Contact: Judith Monaco Porras, 1711 San Jacinto Street, Austin, Texas 78701, (512) 463-3446. Filed: August 27, 1991, 9:10 a.m. TRD-9110438 Texas Racing Commission Tuesday, September 3, 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; approval of minutes of August 12, 1991 meeting; consideration of and votes on: horse and greyhound rulemaking; change in board of directors regarding Bandera Downs; meet in executive session pursuant to 6. 03(b), Texas Racing Act, Article 179e, to consider concession agreement; proposal for decision in Number 90-R1-0039, application of Retama Park Association for a Class 1 Pari-mutuel Horse Racetrack License; proposal for decision in Number 91-02-11, in the appeal by Joey Ethridge of Steward's ruling suspending occupational license and original revocation action; proposal for decision in Number 91-02-13, in the appeal of Bob Armor from Steward's Ruling Number, Manor 174; proposal for decision in Number 91-02-14, in the appeal of Ricky Brown from Steward's decision on Race 10 at Bandera Downs on April 21, 1991; review of Steward's Ruling Number Bandera 412, regarding Toby Keeton; proposal for decision, exception, and replies to exceptions in Number 91-05-08, regarding positive drug tests on horses trained by Johnie A. Goodman, License Number 9116; vote on agreement in open session; discuss old business; new business; and adjourn. Contact: Paula Cochran Carter, P.O. Box 12080, Austin, Texas 78711, (512) 794-8461. Filed: August 23, 1991, 11:44 a.m. TRD-9110307 Railroad Commission of Texas Tuesday, September 3, 1991, 10 a.m. The Railroad Commission of Texas will meet at the William B. Travis Building, 1701 North Congress Avenue, 12th Floor Conference Room, Austin. According to the complete agenda, the commission will consider applications of Fleetline, Inc., Docket Number 004731A1N and Latco Transport, Inc., Docket Number 004732A1N for oral argument and consideration of final order. Contact: Karen Kornell, P.O. Box 12967, Austin, Texas 78711, (512) 463-7095. Filed: August 23, 1991, 10:50 a.m. TRD-9110305 Texas Municipal Retirement System Friday-Saturday, September 6-7, 1991, 9 a.m. The Board of Trustees of the Texas Municipal Retirement System will meet at 1200 North IH-35, Austin. According to the agenda summary, the board will consider and act upon proposals for actuarial services for 1992; to hear and approve minutes of the June 15, 1991 regular meeting and July 12, 1991 special meeting; review and approve service retirements; disability retirements; review and approve supplemental death benefits payments; consider extended supplemental death benefits; review and act on financial statements; consider adoption of resolution concerning updated service credit for the system; consider termination of Ruben Alvarez's regular disability annuity under Section 854 of the TMRS Act (refusal to submit medical examination); hear presentation from Arlington Police Association regarding a buyout provision; review and approve new and amended forms for prescribed changes enacted by the recent legislature (House Bill 538); report of legal counsel; report by the director; and consider any other business to come before the board. Contact: Jimmie L. Mormon, P.O. Box 2225, Austin, Texas 78765, (512) 476-7577. Filed: August 23, 1991, 10:59 a.m. TRD-9110306 School Land Board Tuesday, September 3, 1991, 10 a.m. The School Land Board will meet at the General Land Office, Stephen F. Austin Building, 1700 North Congress Avenue, Room 831, Austin. According to the agenda summary, the board will approve previous board meeting minutes; consider application for lease suspension, Wildcat Field, Kleberg County; pooling applications, Giddings (Austin Chalk-3) Field, Fayette County; applications to lease highway rights of way for oil and gas, Brazos and Burleson Counties; Coastal public lands-commercial lease applications Laguna Madre, Cameron County; commercial lease renewals, Old Brazos River, Brazoria County; commercial easement amendment and/or assignment, Laguna Madre, Nueces County; easement applications, Laguna Madre, Cameron County; structure permit terminations, Laguna Madre, Kenedy County; structure permit requests, Laguna Madre, Kenedy County; structure permit renewals, Laguna Madre, Kenedy County; structure permit amendments, Bastrop Bay, Brazoria County, Laguna Madre, Kenedy County; Laguna Madre, Kleberg County and Laguna Madre, Willacy County; meet in executive session for ratification/approval of direct sales under Senate Bill 700, Yoakum County, and El Paso County; and discuss pending and proposed litigation. Contact: Linda K. Fisher, 1700 North Congress Avenue, Austin, Texas 78701, (512) 463-5016. Filed: August 26, 1991, 3:46 p.m. TRD-9110391 Tuesday, September 3, 1991, 10 a.m. The School Land Board will meet at the General Land Office, Stephen F. Austin Building, 1700 North Congress Avenue, Room 831, Austin. According to the revised agenda summary, the board will approve the minutes of the previous board meetings; and review opening and consideration of bids received for the September 3, 1991 oil and gas lease sale. Contact: Linda K. Fisher, 1700 North Congress Avenue, Austin, Texas 78701, (512) 463-5016. Filed: August 26, 1991, 4:49 p.m. TRD-9110432 The Texas A&M University System Thursday, August 29, 1991, 10:30 a.m. The Chancellor Search Committee, Board of Regents of The Texas A&M University System met at the Board of Regents Meeting Room, MSC Annex, College Station. According to the complete agenda, the committee held a special called meeting (by telephone conference call)*, and discussed matters concerning the selection of a Chancellor for the The Texas A&M University System. This meeting was authorized by Texas Revised Civil Statutes Annotated, Article 6252-17, s2(g). This meeting may have been held over the telephone if there were board member(s) who were unable to attend. Contact: Bill Presnal, The Texas A&M University System, College Station, Texas 77843, (409) 845-0920. Filed: August 23, 1991, 10:31 a.m. TRD-9110300 Thursday, August 29, 1991, 11 a.m. The Board of Regents of The Texas A&M University System met at the Board of Regents Meting Room, MSC Annex, College Station. According to the complete agenda, the board held an open special called meeting, (telephonic meeting)* following the meeting of the Chancellor Search Committee (in the event that it determined that such a meeting was necessary) concerning the following subject: took any action it deemed necessary and appropriate regarding any recommendation which could be made by the Chancellor Search Committee. This meeting may have been held over the telephone if there were board members who were unable to attend. Contact: Bill Presnal, The Texas A&M University System, College Station, Texas 77843, (409) 845-0920. Filed: August 23, 1991, 10:31 a.m. TRD-9110299 Texas State Technical Institute Friday, August 30, 1991, 10 a.m. The Board of Regents of the Texas State Technical Institute will meet at the TSTI-System Building, via teleconference call, Waco. According to the complete agenda, the board will authorize for temporary budget for fiscal year 1992; selection of Blankenship Appellate Procedure; authorization to participate in the Loan Star Program at TSTI-Harlingen; and TSTI-Amarillo report on financial condition and campus plan. Contact: Sandra J. Krumnow, 3801 Campus Drive, Waco, Texas 76705, (817) 867-4890. Filed: August 26, 1991, 2:01 p.m. TRD-9110374 Texas Department of Transportation Tuesday, September 3, 1991, 11 a.m. The Texas Transportation Commission of the Texas Department of Transportation will meet at the SMU Campus, 6425 Boze, Perkins Administration Building, Second Floor, Board Room, Dallas. According to the complete agenda, the commission will meet in executive session, if needed, to discuss election of executive director of the Texas Department of Transportation; election of executive director in open session; ratify actions, policies, and rules of predecessor agencies, State Department of Highways and Public Transportation, State Highway and Public Transportation Commission, Texas Department of Aviation, and Texas Board of Aviation. Contact: Robert E. Shaddock, 125 East 11th Street, Austin, Texas 78701, (512) 463-8576. Filed: August 26, 1991, 3:42 p.m. TRD-9110390 Texas Water Commission Thursday, September 5, 1991, 1:30 p.m. The Texas Water Well Drillers Board of 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 board will consider WWDB-91-26 Paul Hampton License Number 100-W; WWDB-91-28 Ronald Glen Davis, License Number 1979-W; WWDB-91-29 Royse Radicke, License Number 3074-W; and WWDB-91-10 Traye Phelps, License Number 91-10, continuation. Contact: Larry Persky, 1700 North Congress Avenue, Austin, Texas 78711, (512) 463-8069. Filed: August 26, 1991, 3:40 p.m. TRD-9110388 Wednesday, September 11, 1991, 9 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider various matters within the regulatory jurisdiction of the commission. In addition, the commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various actions, including, but not limited to, scheduling an item in the entirety or for particular action at a future date or time. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: August 26, 1991, 4:27 p.m. TRD-9110400 Wednesday, September 11, 1991, 9 a.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 shall consider and take action on the executive director's petition to amend Permit 3914 held by the City Water Works Board; and executive director's petition to amend CA 19-2161A and 19-2162 held by the City Public Services Board. Contact: Mark Jordan, P.O. Box 13087, Austin, Texas 78711-3087, (512) 463-8069. Filed: August 27, 1991, 10:28 a.m. TRD-9110444 Wednesday, September 11, 1991, 2 p.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the commission will consider various matters within the regulatory jurisdiction of the commission. In addition, the commission will consider items previously posted for open meeting and at such meeting verbally postponed or continued to this date. With regard to any item, the commission may take various actions, including, but not limited to, scheduling an item in the entirety or for particular action at a future date or time. Contact: Doug Kitts, P.O. Box 13087, Austin, Texas 78711, (512) 463-7898. Filed: August 26, 1991, 4:28 p.m. TRD-9110401 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 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 26, 1991, 4:26 p.m. TRD-9110399 Monday, September 23, 1991, 10 a.m. The Texas Water Commission will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 6-100, Austin. According to the agenda summary, the commission will hold a hearing on an application by Jack Mauldin, Jr. to discontinue water utility service to the Big Creek West Subdivision on Lake Limestone about 14 miles southeast of Groesbeck in Limestone County, Docket Number 9159Q. Contact: Heidi Jackson, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 23, 1991, 4:24 p.m. TRD-9110334 Monday, September 23, 1991, 10 a.m. The Texas Water Commission will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 513, Austin. According to the agenda summary, the commission will hold a hearing on Haskin Water Utility, Inc.'s application for a rate increase, Docket Number 9162-R. Contact: Mary K. Sahs, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 23, 1991, 4:14 p.m. TRD-9110277 Friday, September 27, 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 Cedar Shores Water Corporation's application for a rate increase, Docket Number 9154-G. Contact: William C. Harris, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 23, 1991, 4:14 p.m. TRD-9110276 Tuesday, October 8, 1991, 9 a.m. The Office of Hearings Examiner of the Texas Water Commission will meet at the Civic Center (behind city hall), 104 South Main Street, Godley. According to the agenda summary, the office will consider an application by the city of Godley for an amendment to Permit Number 10542-01 to authorize an increase in the discharge of treated domestic wastewater effluent from a volume not to exceed an average flow of 35,000 gallons per day to a volume not to exceed an average flow of 120,000 gallons per day into West Nolan Creek; thence to the Nolan River; thence to Lake Pat Cleburne in Segment Number 1228 of the Brazos River Basin. Contact: Clay Harris, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 23, 1991, 4:22 p.m. TRD-9110331 Thursday, October 10, 1991, 9 a.m. The Office of Hearings Examiner of the Texas Water Commission will meet at the Erath County Courthouse, Courtroom (Second Floor), on the Square, Stephenville. According to the agenda summary, the office will consider an application by Jack Van Vliet, doing business as Highland Cattle Company, for proposed Permit Number 03360 to authorize disposal of wastes and wastewater into the drainage area of the Leon River below Leon Reservoir in Segment Number 1223 of the Brazos River Basin in Erath County. Contact: Heidi Jackson, P.O. Box 13087, Austin, Texas 78711, (512) 463-7875. Filed: August 23, 1991, 4:13 p.m. TRD-9110275 Wednesday, October 16, 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 to appropriate public waters of the State of Texas by Robert Bourke Simpson, Application Number 5371. The application requests to divert not to exceed 10 acre-feet of water per annum from an unnamed tributary of Cypress Creek, tributary of the Blanco River, tributary of the San Marcos River, tributary of the Guadalupe River, Guadalupe River Basin. Water diverted at a maximum diversion rate of 0.3 cfs (150 gpm) will be used for irrigation of 10 acres of land in Hays County, approximately 24.4 miles west of San Marcos. Contact: Lann Bookout, P.O. Box 13087, Austin, Texas 78711, (512) 371-6385. Filed: August 23, 1991, 4:22 p.m. TRD-9110332 Wednesday, October 16, 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 Robert L. K. Lynch, Deborah A. Lynch, Kathleen Blair Lynch, M. D. Lynch, and Raymond L. Giroux for a permit to appropriate public waters of the State of Texas. Application Number 5372 requests authorization to divert not to exceed 320 acre-feet of water per annum from the Frio River, tributary of the Nueces River, Nueces River Basin. Water will be diverted from the river at a maximum diversion rate of 2.22 cfs (1,000 gpm) to be used for irrigation on two tracts of land totaling 180.064 acres located approximately 33 miles north of Uvalde in Uvalde County. Contact: Lann Bookout, P.O. Box 13087, Austin, Texas 78711, (512) 371-6385. Filed: August 23, 1991, 4:23 p.m. TRD-9110333 Texas Water Well Drillers Board Thursday, September 5, 1991, 9:30 a.m. The Texas Water Well Drillers Board will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Room 118, Austin. According to the agenda summary, the board will consider the approval of the July 11, 1991 meeting; elect the officers for FY 1992; consider whether to set the following complaints for a formal public hearing before the board or appropriate legal action: Steve Groves, John Kramer, H. C. Bates, Duane Cornette, Robert Drugan, Gilbert Espinoza, Richard Ford, Grady Graham, Shirley Hall, Paul Hernandez, Alva Howard, Winston Jordan, Michael Kenjura, Dale and Charlie Kuhn, John W. Kraatz, Jr., William McGuire, Dwight Northcutt, Bill Snider, Glen Snook, Mike Vance; The board will consider the certification of applicant for registration; consider the applications for driller-trainee registration; discuss pump installer rules and regulations; and consider staff reports. Contact: Larry Persky, P.O. Box 13087, Austin, Texas 78711, (512) 463-8069. Filed: August 26, 1991, 3:41 p.m. TRD-9110389 Texas Workers' Compensation Commission Thursday, August 29, 1991, 9 a.m. The Texas Workers' Compensation Commission met at the Southfield Building, 4000 South IH-35, Rooms 910-911, Austin. According to the agenda summary, the commission called the meeting to order; may have approved minutes for the meeting of August 15, 1991; discussed and considered rules for adoption; discussed and considered rules for proposal; meet in executive session; report of action, if any, in executive session; discussion and consideration of filling the executive director position including methods of advertising and recruitment of candidates for the position of executive director; report on action, if any, in executive session; report on donations and gifts received; general report of issues related to commission activities; discussion of future public meetings; and final adjournment. Contact: George E. Chapman, 4000 South IH-35, Austin, Texas 78704, (512) 448-7962. Filed: August 22, 1991, 4 p.m. TRD-9110272 Regional Meetings Meetings Filed August 22, 1991 The Alamo Area Council of Governments Area Judges met at 118 Broadway Street, Suite 400, San Antonio, August 28, 1991, at noon. Information may be obtained from Al J. Notzon, III, 118 Broadway Street, Suite 400, San Antonio, Texas 78205, (512) 225-5201. TRD-9110244. The Alamo Area Council of Governments Board of Directors met at 118 Broadway Street, Suite 400, San Antonio, August 28, 1991, at 1 p.m. Information may be obtained from Al J. Notzon, III, 118 Broadway Street, Suite 400, San Antonio, Texas 78205, (512) 225-5201. TRD-9110271. The Central Counties Center for Mental Health and Mental Retardation Services met at the Charcoal Inn, Tenth Street and East Adams, Temple, August 28, 1991, at 7 a.m. Information may be obtained from Michael Muegge, 405 South 22nd Street, Temple, Texas 76501, (817) 778-4841. TRD-9110251. The Central Plains Center for Mental Health and Mental Retardation and Substance Abuse met at 208 South Columbia, Plainview, August 29, 1991, at 6:30 p. m. Information may be obtained from Rick Van Hersh, 2700 Yonkers, Plainview, Texas 79072, (806) 293-2636. TRD-9110248. The Deep East Texas Regional Mental Health and Mental Retardation Services will meet at the Ward R. Butke Community Room, 4101 South Medford Drive, Lufkin, August 29, 1991, at 3 p.m. Information may be obtained from Sandy Vann, 4101 South Medford Drive, Lufkin, Texas 75901, (409) 639-1141. TRD-9110263. The Education Service Center, Region XVI Board of Directors will meet at 1601 South Cleveland, Board Room, Amarillo, August 30, 1991, at 1 p.m. (revised agenda). Information may be obtained from Jim Holmes, 1601 South Cleveland, Amarillo, Texas 79120. TRD-9110269. The Hays County Appraisal District Appraisal Review Board will meet at 632 A East Hopkins Street, Municipal Building, San Marcos, September 4-6, 1991, at 9 a.m. Information may be obtained from Lynnell Sedlar, 632 A East Hopkins Street, San Marcos, Texas 78666, (512) 754-7400. TRD-9110245. The Kendall County Education District Board of Directors met at 207 East San Antonio Street, Boerne, August 27, 1991, at 7:30 p.m. Information may be obtained from Alton Pfeiffer, P.O. Box 788, Boerne, Texas 78006, (512) 249-8012. TRD-9110264. The Middle Rio Grande Development Council Texas Review and Comment System will meet at the Las Moras Restaurant, Fort Clark Springs, Highway 90 West, Bracketville, August 30, 1991, at 10 a.m. Information may be obtained from Dora T. Flores, P.O. Box 1199, Carrizo Springs, Texas 78834, (512) 876-3533. TRD-9110267. The Middle Rio Grande Development Council Board of Directors will meet at the Las Moras Restaurant, Fort Clark Springs, Highway 90 West, Bracketville, August 28, 1991, at 11 a.m. Information may be obtained from Dora T. Flores, P.O. Box 1199, Carrizo Springs, Texas 78834, (512) 876-3533. TRD-9110268. The Middle Rio Grande Development Council Board of Directors will meet at the Las Moras Restaurant, Fort Clark Springs, Highway 90 West, Bracketville, August 28, 1991, at 1 p.m. (revised agenda). Information may be obtained from Dora T. Flores, P.O. Box 1199, Carrizo Springs, Texas 78834, (512) 876-3533. TRD-9110266. The Pecan Valley Mental Health and Mental Retardation Region Board of Trustees met at the Pecan Valley MHMR Region Clinical Office, 104 Charles Street, Granbury, August 28, 1991, at 9 a.m. Information may be obtained from Dr. Theresa Mulloy, P.O. Box 973, Stephenville, Texas 76401, (817) 965-7806. TRD-9110243. The Pecan Valley Mental Health and Mental Retardation Region Board of Trustees met at the Pecan Valley MHMR Region Clinical Office, 104 Charles Street, Granbury, August 28, 1991, at 9 a.m. (revised agenda). Information may be obtained from Dr. Theresa Mulloy, P.O. Box 973, Stephenville, Texas 76401, (817) 965-7806. TRD-9110261. The Texas Panhandle Mental Health Authority Board of Trustees met at the Tom Christian Ranch on the rim of the Palo Duro Canyon, Amarillo, August 29, 1991, at 10:30 a.m. Information may be obtained from Mellisa Talley, P.O. Box 3250, Amarillo, Texas 79116, (806) 353-3699. TRD-9110265. The Trinity River Authority of Texas Board of Directors met at 5300 South Collins Street, Arlington, August 28, 1991, at 10 a.m. Information may be obtained from J. Sam Scott, P.O. Box 60, Arlington, Texas 76004, (817) 467-4343. TRD-9110246. Meetings Filed August 23, 1991 The Brazos Valley Development Council Bootstrap Coordinating Body Committee met at the Council's Office, 3006 East 29th Street, Door Number Two, Bryan, August 29, 1991, at 9 a.m. Information may be obtained from Sandy Shumaker, P.O. Drawer 4128, Bryan, Texas 77805-4128. TRD-9110321. The Brazos Valley Solid Waste Management Agency Board of Trustees met at the College Station City Council Chambers, 1101 Texas Avenue, College Station, August 27, 1991, at 1:15 p.m. Information may be obtained from Cathy Locke, 1101 Texas Avenue, College Station, Texas 77840, (409) 764-3507. TRD-9110325. The Dallas Area Rapid Transit Minority Affairs Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, August 27, 1991, at 1 p. m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9110289. The Dallas Area Rapid Transit Audit Committee met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, August 27, 1991, at 3 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9110290. The Dallas Area Rapid Transit Board of Directors' met at the DART Office, 601 Pacific Avenue, Board Room, Dallas, August 27, 1991 at 4 p.m. Information may be obtained from Nancy McKethan, 601 Pacific Avenue, Dallas, Texas 75202, (214) 658-6237. TRD-9110329. The Fort Bend County Education District Board of Trustees met at 3911 Avenue I, Lamar Consolidated ISD, Administration Building, Board Room, Rosenberg, August 27, 1991, at 7 p.m. Information may be obtained from Jerome Bourgeois, Fort Bend County Education District, Rosenberg, Texas 77471, (713) 744-6534. TRD-9110291. The Lamar County Appraisal District Board met at the Lamar County Appraisal District Office, 521 Bonham Street, Paris, August 29, 1991, at 5 p.m. Information may be obtained from Joe Welch, 521 Bonham Street, Paris, Texas 75460, (214) 785-7822. TRD-9110293. The Lamb County Education District Board of Trustees met at 1500 East Delano Street, Littlefield, August 28, 1991, at 8 p.m. Information may be obtained from Jerry Blakely, 1500 East Delano Street, Littlefield, Texas 79339, (806) 385-3844. TRD-9110326. The Lubbock Regional Mental Health and Mental Retardation Center Board of Trustees met at 3801 Avenue J, Board Room, Lubbock, August 26, 1991, at noon. Information may be obtained from Gene Menefee, 1210 Texas Avenue, Lubbock, Texas 79401, (806) 766-0202. TRD-9110283. The Mental Health and Mental Retardation Regional Center of East Texas Board of Trustees met at 2323 West Front Street, Board Room, Tyler, August 29, 1991, at 4 p.m. Information may be obtained from Richard J. DeSanto, P.O. Box 4730, Tyler, Texas 75712, (903) 597-1351. TRD-9110311. The Palo Pinto County Education District will meet at the Palo Pinto County Courthouse, Commissioner's Court, Palo Pinto, August 30, 1991, at 10 a.m. Information may be obtained from Ron Munday, 102 North West Sixth Avenue, Mineral Wells, Texas 76067, (817) 325-6404. TRD-9110328. The Region III Education Service Center Regional Advisory Committee met at the Holiday Inn, 2705 Houston Highway, Victoria, August 29, 1991, at 1 p.m. Information may be obtained from Julius D. Cano, 1905 Leary Lane, Victoria, Texas 77901, (512) 573-0731. TRD-9110309. The Region III Education Service Center Board of Directors met at 1905 Leary Lane, Victoria, August 29, 1991, at 3 p.m. Information may be obtained from Information may be obtained from Julius D. Cano, 1905 Leary Lane, Victoria, Texas 77901, (512) 573-0731. TRD-9110310. The West Central Texas Municipal Water District met at 401 Cypress Street, Suite 300, Abilene, August 29, 1991, at 9:30 a.m. Information may be obtained from Virginia Duncan, P.O. Box 2362, Abilene, Texas 79604, (915) 673-8254. TRD-9110340. The Wise County Appraisal District Board of Directors will meet at 206 South State Street, Board Room, Decatur, September 12, 1991, at 7 p.m. Information may be obtained from Brenda Jones, 206 South State Street, Decatur, Texas 76234, (817) 627-3081, ext. 4. TRD-9110322. Meetings Filed August 26, 1991 The Burnet County Appraisal District Appraisal Review Board will meet at 223 South Pierce Street, Burnet, September 10, 1991, at 1 p.m. Information may be obtained from Barbara Ratliff, P.O. Drawer E, Burnet, Texas 78611, (512) 756-8291. TRD-9110347. The Central Counties Center for Mental Health and Mental Retardation Services Board of Trustees met at 304 South 22nd Street, Temple, August 29, 1991, at 7 p.m. Information may be obtained from Michael K. Muegge, P.O. Box 518, Temple, Texas 76501, (817) 778-4841. TRD-9110369. The Fisher County Appraisal District Board of Directors will meet at the Fisher County Appraisal/Tax Office, Roby, September 10, 1991, at 7:30 p.m. Information may be obtained from Teddy Kral, P.O. Box 516, Roby, Texas 79543, (915) 776-2733. TRD-9110375. The Jasper County Appraisal District Board of Directors met at the First Bank of Buna Community Room, Highway 62, Buna, August 29, 1991, at 7 p.m. Information may be obtained from David W. Luther, 137 North Main Street, Jasper, Texas 75951, (409) 384-2544. TRD-9110373. The Middle Rio Grande Development Council Board of Directors met at the Las Moras Restaurant, Fort Clark Springs, Highway 90 West, Brackettville, August 28, 1991, at 1 p.m. The emergency status was necessary as the agenda needed to include additional PIC vacancy appointment to present to the Board of Directors. Information may be obtained from Michael Patterson, P.O. Box 1199, Carrizo Springs, Texas 78834, (512) 876-3533. TRD-9110409. The Tyler County Appraisal District Board of Directors will meet at 806 West Bluff, Woodville, September 5, 1991, at 4 p.m. Information may be obtained from Linda Lewis, P.O. Drawer 9, Woodville, Texas 75979, (409) 283-3736. TRD-9110436. Meetings Filed August 27, 1991 The North Plains Water District Board of Directors met at the District Office, 603 East First Street, Dumas, August 30, 1991, at 10 a.m. Information may be obtained from Richard S. Bowers, P.O. Box 795, Dumas, Texas 79029, (806) 935-6401. TRD-9110442. ISSUE OFAugust 30, 1991" In Addition The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Air Control Board Notice of Public Hearing Notice is hereby given that pursuant to the requirements of the Texas Clean Air Act (TCAA), sec.382.017(a); the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, sec.103.11(4) of the Procedural Rules of the Texas Air Control Board (TACB), and 40 Code of Federal Regulations, sec.51.102 of the United States Environmental Protection Agency regulations concerning state implementation plans, TACB will conduct a public hearing to receive testimony concerning revisions to its rules. TACB proposes an amendment to sec.112.5, concerning allowable emissions from solid fossil fuel-fired boilers. The amendment is proposed in response to a request from the Sierra Club to adopt proven technology to control sulfur dioxide emissions from solid fossil fuel-fired steam generators. A public hearing will be held on September 25, 1991, at 2 p.m. in the Texas Air Control Board Auditorium, 12124 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments. Interrogation or cross-examination is not permitted; however, a TACB staff member will be available to answer questions informally. Written comments not presented at the hearing may be submitted to the TACB central office in Austin prior to and including September 27, 1991. Material received by 4 p.m. on that date will be considered by the board prior to any final action on the proposed revisions. Copies of the proposed revisions are available at the central office of TACB located at 12124 Park 35 Circle, Austin, Texas 78753, and at all TACB regional offices. For further information, call Karen Kirkpatrick at (512) 908-1460. Issued in Austin, Texas, on August 21, 1991. TRD-9110256 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Filed: August 22, 1991 For further information, please call: (512) 908-1770 Attorney General Consultant Contract Award In accordance with the provisions of Texas Civil Statutes, Article 6251-11C, sec.6, the Office of the Attorney General of Texas hereby gives notice that it has entered into a contract for advice concerning the enhancement, design, development, and installation of a computerized system for the initiation, management, accounting, and enforcement of child support obligations. The consulting services will be provided by Andersen Consulting, 701 Brazos Street, Suite 1020, Austin, in response to the Notice of Invitation for Offerors of Consulting Services published in the February 16, 1990, issue of the Texas Register , Volume 15, Number 13, page 893. The consulting services to be rendered pursuant to the contract shall commence August 26, 1991, and shall end upon final and unconditional certification by United States Government which is expected on or before February 26, 1993. The child support enforcement system to be developed with the advice and assistance of the consultant meets all of the requirements of the Social Security Act of 1935, as amended. The maximum liability of the Offices of the Attorney General to the consultant as specified in the contract upon execution is $4,000,000. The federal government has procedures pursuant to which expenditures greater than the initial amount of this contract may be approved for reimbursement. It is also noted that the Office of the Attorney General has the current approval of an advanced certification document from the Texas Department of Information Resources permitting a maximum expenditure for the purpose of this contract of $5,872,248 should additional performances by the consultant be required. Therefore, the Office of the Attorney General has authorization, and reserves the right, within the scope of the previously referenced notice, to amend the agreement to the full extent of such amount, or of such higher amount as may be subsequently approved and/or certified by the state and federal governments. The principal results of this contract shall be the design of an automated system for child support enforcement. This design will be evidences by written documentation of the design as well as the actual programming necessary to implement the design. The written documentation of the design will be due prior to final and unconditional federal certification at a date not yet ascertained. Issued in Austin, Texas, on August 21, 1991. TRD-9110227 Dan Morales Attorney General of Texas Filed: August 21, 1991 For further information, please call: (512) 463-2040 State Banking Board Notice of Hearing The hearing officer of the State Banking Board will conduct a hearing on Tuesday, October 22, 1991, at 2601 North Lamar Boulevard, Austin, on the bank charter application for United Bank and Trust, Dallas, Dallas County. Additional information may be obtained from William F. Aldridge, Director of Corporate Activities, State Banking Department, 2601 North Lamar Boulevard, Austin, Texas 78705, (512) 475-1317. Issued in Austin, Texas, on August 22, 1991. TRD-9110323 William F. Aldridge Director of Corporate Activities State Banking Board Filed: August 23, 1991 For further information, please call: (512) 475-1317 Children's Trust Fund of Texas Council Demonstration Project In accordance with the Human Resources Code, Title 3, Chapter 74.010(a,c), the Children's Trust Fund of Texas Council (CTF) will award a demonstration grant beginning September 1, 1991, to the Permian Basin CAPP (Child Abuse Prevention Program), Midland, for the purpose of implementing the first Texas EPIC (Effective Parenting Information for Children) program in cooperation with Midland ISD. EPIC is a nationally-recognized parent education curriculum which involves the three major influences upon children: their home, school, and community. The project will be evaluated to study the effectiveness of the model for possible replication to other areas in Texas. The CTF Council dedicates a portion of its funds to pilot unique, collaborative projects. Programs selected under this category must meet the following criteria: meet an identified prevention need and use a unique model; serve a special population or geographic part of the state; encourage public/private initiatives; meet local matching funds requirement; is likely to be replicated; involve coordination of different disciplines for the benefit of the target population. In addition, all CTF funded programs must be directed toward primary and/or secondary prevention. Funds may not be expended for treatment services. Issued in Austin, Texas, on August 26, 1991. TRD-9110348 Sue Marshall Contract Manager Children's Trust Fund of Texas Council Filed: August 26, 1991 For further information, please call: (512) 458-1281 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 August 19, 1991. TRD-9110208 Al Endsley Consumer Credit Commissioner Filed: August 21, 1991 For further information, please call: (512) 479-1280 Court Reporters Certification Board Certification of Court Reporters Following examination of applicants on July 19, 1991, the Court Reporters Certification Board certified to the Supreme Court that the following individuals are qualified in the method indicated to practice shorthand reporting pursuant to the Government Code, Texas Civil Statutes, Chapter 52. Oral Stenography: Linda Ann Aldrich-San Antonio; Marcia Ann Bapp-Harlingen; Michael P. Hurley-Dallas; Terry Johnston-Salado; Sandra L. McKinnon-Texarkana; Nicole Palmer-Alvin; Karen Jane Reed-Longview. Machine Shorthand: Ted Lynn Barber-Austin; Andrea Lynn Baur-Pasadena; Kimberly Ann Brooks-Millsap; Maria Del Socorro Cabrera-El Paso; Virginia H. Campbell-Houston; Cynthia Grimes Carroll-Austin; Christina Cheatham-Bedford; Charlotte Cary Cole-Austin; Monica Adriana Esquivel Cruz-Grant Prairie; Cindy Dickerson Cummings-Duncanville; Whitney Durham-Alvin; Leticia D. Gonzalez-El Paso; Marcia Elaine Grant-Houston; Deborah Green-Alvin; Patrice Ann Hale-Webster; Kayla Lea Hallett-Amarillo; Suzanne Hanus-Irving; Cheryl Jean Harris-Balch Springs; Lisa King Helsel-Austin; Joy Marie Holaday-Austin; Tracy Lynn Irvin-Kempner; Janice Lee Jenkins-League City; Karen Marie Kane-Katy; Donna Lynn Kislingbury-Ames, Iowa; Pamela Ann Letz-Abilene; Sheri Lynne Linder-Austin; Marsha Nanette Martin-Austin; Lois Eulalia McCoy-Cibolo; Melinda Ann Meyer-Alvin; Melissa Louise Miller-Richardson; Lisa A. Mojica-San Antonio; Yvonne Sifuentes Nino-San Antonio; Penny Pabitzky-Houston; Kimberly Carol Pitts-Arlington; Wilma L. Porter-Cedar Rapids, Iowa; Holly Prestridge-Alvin; Tammy Michele Redden-Rockport; Michelle Marie Robertson-Portland; Marnie D. Robinson-Corpus Christi; Marisol Rocha-San Angelo; Tricia W. Rushing-DeSoto; Lisa Dianne Sanchez-Texas City; Stephen Bryson Schiller-Grand Prairie; Zunie Kim Stovall-Austin; Karen L. Tyler-Shreveport, Louisiana; Brad H. Thomas-Austin; Kimberly J. Vieux-Plano; Dawn Janyth Watkins-Sherman. Issued in Austin, Texas, on August 21, 1991. TRD-9110297 Peg Liedtke Executive Secretary Court Reporters Certification Board Filed: August 23, 1991 For further information, please call: (512) 463-1630 Fire Fighters' Pension Commission Notice of Contract Award The Fire Fighters' Pension Commission (FPC) files this statement of award of contract for actuarial services in accordance with Vernon's Texas Civil Statutes, Article 6243.e3. The proposal request appeared in the June 14, 1991, issue of the Texas Register (16 TexReg 3277). The actuary is to provide complete actuarial services for the Statewide Volunteer Fire Fighters' Retirement Fund. The actuary shall provide complete actuarial services for all component members of the fund, including, but not limited to the following: the actuary determines normal costs and prior service cost; certifies prior service cost of each entity as of the effective date of merger; apportions the allotted assets and liabilities of an entity withdrawing the system; shall attend board meetings; provide on-line services for the staff; provide complete actuarial evaluation every two years with GASB5 update in interim; provide actuarial impact on proposed legislation; provide annual GASB statement; and prepare and assure timely reporting, filings, and submittals as required. The actuarial firm selected to perform this service is KPMG Peat Marwick, Management Consultants, P.O. Box 4545, Houston, Texas 77210-4545. The maximum amount of this contract is $92,000. The period of performance is anticipated to begin September 1, 1991, and continue through August 31, 1995. At a bidders conference held on July 2, 1991, in the commissioner's office, the original bid proposal calling for a three year contract was extended to include a four year contract. Issued in Austin, Texas, on August 21, 1991. TRD-9110238 Helen L. Campbell Commissioner Fire Fighters' Pension Commission Filed: August 22, 1991 For further information, please call: (512) 462-0222 Texas Department of Health El Paso Community Survey on Breast and Cervical Cancer Request for Proposal Purpose. The Texas Department of Health (TDH) has received funding from the National Cancer Institute (NCI) for a five-year project to develop, implement, and evaluate a cervical and breast cancer awareness and prevention program in the City of El Paso. Using a community approach, this project aims to increase the availability and utilization of cervical and breast cancer screening among older, low income women; identify and reduce financial, educational, and cultural barriers to screening; and educate health care providers regarding the availability and importance of cervical breast cancer screening. The intent of this request for proposal is to invite applications from governmental, public, or private entities to conduct a baseline survey of knowledge, attitudes, and practice of breast and cervical cancer screening and use of medical care services among older, low income women residing in selected census tracts in El Paso. Preference will be given to applicants demonstrating previous health related survey work. In awarding funds for this community survey, the TDH shall give special consideration to El Paso area organizations sensitive to the acculturation and language preference of the community. Continuation of Service Previously Performed. This is a continuation of a service presently being performed under contract by the Communications Group, El Paso. TDH intends to execute an amended contract with the Communications Group, unless a better offer is submitted. Selection Criteria. The firm demonstrating the broadest and deepest knowledge of TDH's breast and cervical cancer project, including data collected to date, will be selected for final cost and contract negotiations. Dates of Contract. The beginning date of the amended contract is September 1, 1991. The ending date of the contract is September 30, 1991. Amount of the Contract. The contract will be amended in an amount not to exceed an additional $12,296. Contact and Closing Date. Proposals should be submitted to: Donna Nichols, NCI Project Director, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Ms. Nichols may be contacted for additional information at (512) 458-7534. Proposals must be received by Ms. Nichols no later than 5 p.m. on September 13, 1991. Proposals received after that time and date will not be considered. General Information. TDH reserves the right to accept or reject any (or all) proposals submitted. Issuance of this request for proposal creates no obligation to award a contract or to pay any costs incurred in the preparation of a proposal. Issued in Austin, Texas, on August 22, 1991. TRD-0110270 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: August 22, 1991 For further information, please call: (512)458-7534 Notice of Radioactive Material License Amendment Notice is hereby given by the Texas Department of Health that it has granted amendment Number 4 to the following radioactive material license: Radioactive Material License Number L03584, issued to Atomic Energy Industrial Laboratories of the Southwest, Inc. located in Houston, (mailing address: Atomic Energy Industrial Laboratories of the Southwest, Inc., 6421 South Main Street, Houston, Texas 77030). The amendment to this license removes the authorization to store radioactive materials authorized on the license in storage areas 2A and 3A at 6413 South Main Street in Houston. The Division of Licensing, Registration, and Standards has determined that the licensee has met the standard(s) appropriate to this amendment: the licensee is qualified by reason of training and experience to use the material in question for the purpose requested in accordance with the Texas Regulations for Control of Radiation (TRCR) in such a manner as to minimize danger to public health and safety or property; the licensee's equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property; the issuance of the license amendment will not be inimical to the health and safety of the public; and the licensee satisfies any applicable special requirements of the TRCR. This notice affords the opportunity for a public hearing upon written request within 30 days of the date of publication of this notice by a person affected as required by the Health and Safety Code, sec.401.116, as amended, and as set out in TRCR 13.6. A "person affected" is defined as a person who is a resident of a county, or a county adjacent to a county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage. A person affected may request a hearing by writing David K. Lacker, Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Should no request for a public hearing be timely filed, the amendment will remain in effect. A copy of all material submitted is available for public inspection at the Bureau of Radiation Control, 1212 East Anderson Lane, Austin. Information relative to the amendment of this specific radioactive material license may be obtained by contacting David K. Lacker, Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756. For further information, please call (512) 835-7000. Issued in Austin, Texas, on August 21, 1991. TRD-9110254 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Filed: August 22, 1991 For further information, please call: (512) 835-7000 Texas Department of Human Services Public Notices The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 90-35, Amendment Number 287. The amendment revises ICF-MR Reimbursement Methodology to create a class of small facilities, convert the small facility rate, create labor and non-labor cost areas. The amendment is effective July 25, 1990. If additional information is needed, please contact Patricia Bliss, (512) 450-3167. Issued in Austin, Texas, on August 23, 1991. TRD-9110313 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 23, 1991 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 90-43, Amendment Number 295. The amendment adds targeted case management services for high-risk pregnant women and high-risk infants underage one. The amendment is effective October 1, 1990. If additional information is needed, please contact Rebecca Waak, (512) 450- 3740. Issued in Austin, Texas, on August 23, 1991. TRD-9110315 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 23, 1991 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 90-49, Amendment Number 301. The amendment indicates the election not to allow medically needy applicant to pay the amount needed to spend down to the eligibility level in lieu of incurring medical expenses (the options allowed by the Omnibus Budget Reconciliation Act of 1990, sec.4723). The amendment is effective November 5, 1990. If additional information is needed, please contact Cathy Rossberg, (512) 450-3766. Issued in Austin, Texas, on August 23, 1991. TRD-9110316 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 23, 1991 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 90-50, Amendment Number 302. The amendment references the programmatic changes to nursing facility services required by the Omnibus Budget Reconciliation Act of 1987. The amendment is effective October 1, 1990. If additional information is needed, please contact Patricia Bliss, (512) 450-3167. Issued in Austin, Texas, on August 23, 1991. TRD-9110317 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 23, 1991 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 90-51, Amendment Number 303. The amendment clarifies that presumptive eligibility determinations are not available for medically needy applicants. The amendment is effective October 1, 1990. If additional information is needed, please contact Cathy Rossberg, (512) 450-3766. Issued in Austin, Texas, on August 23, 1991. TRD-9110318 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 23, 1991 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 91-01, Amendment Number 304. The amendment includes coverage and reimbursement provisions for services by certified registered nurse anesthetists. The amendment is effective September 1, 1990. If additional information is needed, please contact Genie DeKneef, (512) 338- 6509. Issued in Austin, Texas, on August 23, 1991. TRD-9110319 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 23, 1991 For further information, please call: (512) 450-3765 The Texas Department of Human Services (DHS) has received approval from the Health Care Financing Administration, to amend the Title XIX Medical Assistance Plan by Transmittal Number 91-02, Amendment Number 305. The amendment clarifies the ICF/MR reimbursement methodology concerning the provision for offsetting against costs certain non-operating revenues from gifts and grants. The amendment is effective January 1, 1990. If additional information is needed, please contact Patricia Bliss, (512) 450-3167. Issued in Austin, Texas, on August 23, 1991. TRD-9110320 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Filed: August 23, 1991 For further information, please call: (512) 450-3765 State Board of Insurance Company Licensing The following applications have been filed with the State Board of Insurance and are under consideration. 1. Application for admission to do business in Texas for American Hilton Life Insurance Company, a foreign life insurance company. The home office is in Hilton Head Island, South Carolina. 2. Application for Incorporation in Texas for John F. Hunter & Associates (assumed name for John F. Hunter), a domestic third party administrator. The home office is in Houston, Texas. 3. Application for name change by Layman National Life Insurance Company, a foreign life insurance company. The home office is in Indianapolis, Indiana. The proposed new name is United Benefit Life Insurance Company. Issued in Austin, Texas, on August 20, 1991. TRD-9110217 Nicholas Murphy Chief Clerk State Board of Insurance Filed: August 21, 1991 For further information, please call: (512) 463-6327 Railroad Commission of Texas Notice of Pit and Quarry Report and Certification Requirements The Texas Aggregate Quarry and Safety Act (the Act) requires the Railroad Commission of Texas to inventory and classify all existing, inactive, or abandoned quarries that have a pit perimeter that is in hazardous proximity to a public road, and those pits that are in an unacceptable unsafe location as those terms are defined in the Act. The Act requires the person responsible for a quarry or pit that was active on June 30, 1991 to file a report with the commission on or before October 1, 1991. Each report must show the location, age, operational status, and current use of the quarry or pit. Reports for an abandoned quarry or pit and reports for a quarry or pit that became inactive before January 1, 1991 and did not resume operations before June 30, 1991 are both required to be filed with the commission on or before March 1, 1992. From and after November 1, 1991, unless a person responsible for a quarry or pit has been issued a safety certificate, the person may not: open a new pit in hazardous proximity to a public road; and locate a pit in an area where it is in an unacceptable unsafe location; or reopen, operate, or abandon a quarry or pit that is in hazardous proximity to a public road and in an unacceptable unsafe location; and provided, however, that the person responsible must have received a notice from the commission that the quarry or pit requires the operator to obtain a safety certificate, before that person is prohibited from operating or maintaining the quarry or pit without a safety certificate. Any person responsible who, on November 1, 1991, is utilizing a portion of a site for quarrying operations, including the stockpiling, sale, or processing of aggregates or a combination thereof, or who has a current, valid or outstanding agreement or legal right to develop, utilize, or quarry the property, shall be responsible for obtaining a safety certificate limited to that specific pit area he is using or excavating or intends to use or excavate. The commission will consider initiating a rulemaking under the Act at its meeting on September 9, 1991. Additional information and forms for the initial inventory report and for safety certificates are available at the offices of the commission at 1701 North Congress Avenue, Austin. Forms and information are also available by writing to: Director, SMRD-Pit Safety, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 12967, Austin, Texas 78711-2967. Issued in Austin, Texas, on August 23, 1991. TRD-9110286 Martha V. Swanger Hearings Examiner Railroad Commission of Texas Filed: August 23, 1991 For further information, please call: (512) 463-6900 Texas National Research Laboratory Commission Request for Proposal The Texas National Research Laboratory Commission is accepting proposals from qualified and experienced firms to provide underwriter services on a proposed $250 million revenue bond issue scheduled for late Fall 1991. The commission is the state agency charged with representing the State of Texas' interest in the Department of Energy's Superconducting Super Collider research facility. To receive a copy of the request for proposal document, please submit a written request to: Texas National Research Laboratory Commission, Attn: Robert P. Carpenter, 1801 North Hampton Road, Suite 400, DeSoto, Texas 75115. Request may also be telefaxed to: (214) 709-5491. For additional information, please contact Robert P. Carpenter at (214) 709-3800. Deadline for submission of proposals is: 5 p.m., September 10, 1991 at the commission's office. Issued in Austin, Texas, on August 22, 1991. TRD-9110295 Edward C. Bingler Executive Director Texas National Research Laboratory Commission Filed: August 23, 1991 For further information, please call: (214) 709-3800 Office of the Secretary of State Public Notice-House Bill 2057 Passed during the regular session of the 72nd Texas Legislature, House Bill 2057 amended the Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a). This legislation requires a cross-index of state agency rules to corresponding statutes. As provided in the Act, sec.4, the secretary of state has determined that the implementation of this Act will entail the expenditure of additional general revenue funds. Because no specific rider or line item appropriation to cover this expense was included in a general or special appropriations act, the provisions of the Act shall not be implemented during the present budget period (September 1, 1991-August 31, 1993). Further, as prescribed by the Act, the secretary of state shall make a request for funds to implement this Act in each succeeding budget request. Issued in Austin, Texas, on August 20, 1991. TRD-9110151 Audrey Selden Assistant Secretary of State Office of the Secretary of State Filed: August 20, 1991 For further information, please call: (512) 463-5561 Texas Water Commission Meeting Notice A meeting of the Scientific/Technical Advisory Committee of the Galveston Bay National Estuary Program is scheduled for: Thursday, September 5, 1991, 10 a. m., Forest Room-Bayou Building, University of Houston-Clear Lake, 2700 Bay Area Boulevard, Houston. This meeting will include discussions on strategy development for the Comprehensive Conservation and Management Plan (CCMP) and the role that STAC will play during this process. Also STAC will form a subcommittee to develop a scope of services to develop a comprehensive monitoring strategy for the Galveston Bay system. Issued in Austin, Texas, on August 21, 1991. TRD-9110285 Frank S. Shipley, Ph.D. Program Manager Galveston Bay National Estuary Program Filed: August 23, 1991 For further information, please call: (713) 283-3950 Public Notice The Texas Water Commission (the commission) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, as amended (the act), to identify and assess facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. Pursuant to the Act, sec.361.183(b), if the potential endangerment to public health and safety or the environment can be resolved by the potentially responsible parties, then the facility may not be listed on the State Superfund Registry. However, notice of the approach to resolve the apparent endangerment to public health and safety or the environment and the fact that this action is being taken in lieu of listing the facility on the State Superfund Registry shall be published in the Texas Register. The following is a facility or area which has been determined eligible and which the executive director of the Texas Water Commission has determined that appropriate remedial actions must be completed in order to resolve the apparent endangerment to public health and safety or the environment. Also specified is the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. The Fabsteel site is a 20.85 acre tract located north of U.S. Highway 80 and bounded on the east by the Texas-Louisiana state line in Wascom, Harrison County. The site is an abandoned metal fabricating and zinc plating facility. On-site soils contain an unknown volume of metal slag and paint waste. The metal slag contains elevated levels of lead and zinc and the paint waste contains elevated levels of numerous organic hazardous substances and lead. Hazards presented by this site are contamination of surface soils, as documented by sample analyses, and possible ground water and surface water contamination due to the release of wastes from the site. A remedial investigation and a feasibility study will be conducted by the potentially responsible parties to determine the nature and extent of contamination at the facility and to determine the most cost effective permanent remedial action for the facility. Interested parties may submit written comments to the attention of Charles Epperson, Superfund & Emergency Response Section, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087; (512) 463-7785. The executive director of the Texas Water Commission has prepared a brief summary of the TWC's public records regarding each site. This summary, as well as the public records themselves, are available for inspection and copying during regular commission business hours. Such information may be obtained by contacting David Kopp, Central Records Center, Texas Water Commission, P.O. Box 13087, Austin, Texas 78711-3087; (512) 463-8562. Copying of file information is subject to payment of a fee. Other information may also be obtained from Stephen Dickman, Staff Attorney, Texas Water Commission, at the same address; (512) 463-8069. Issued in Austin, Texas, on August 22, 1991. TRD-9110253 Jim F. Haley Director, Legal Division Texas Water Commission Filed: August 22, 1991 For further information, please call: (512) 463-7785