ISSUE OFSeptember 10, 1991" Volume 16, Number 67, September 10, 1991 Pages 4875-4990 Office of the Governor Appointments Made August 21, 1991 4885-Interstate Oil Compact Commission Appointments Made August 28, 1991 4885-State Job Training Coordinating Council Emergency Sections Texas Department of Commerce 4887-Texas Community Development Program Texas Alcoholic Beverage Commission 4891-Bingo Regulations State Board of Registration for Professional Engineers 4893-Practice and Procedure Texas Department of Health 4894-Communicable Diseases 4894-Emergency Medical Care 4894-Solid Waste Management State Board of Insurance 4896-Property and Casualty Insurance Texas Parks and Wildlife Department 4901-Fisheries and Wildlife Texas Department of Human Services 4904-Early and Periodic Screening, Diagnosis, and Treatment Veterans Land Board 4905-General Rules State Department of Highways and Public Transportation 4905-Construction and Contract Administration Division 4906-Division of Motor Vehicles 4907-Right of Way Division State Board of Insurance 4909-Notification Pursuant to the Texas Insurance Code, Chapter 5, Subchapter L Proposed Sections State Purchasing and General Services Commission 4913-Central Purchasing Division Credit Union Department 4914-Chartering, Operations, Mergers, Liquidations Texas Department of Commerce 4914-Texas Community Development Program Public Utility Commission of Texas 4915-Practice and Procedure 4916-Substantive Rules Texas State Board of Pharmacy 4920-Pharmacies 4921-Pharmacists Texas Department of Health 4921-Emergency Medical Care 4927-Solid Waste Management State Board of Insurance 4928-Corporate and Financial Regulation Texas Workers' Compensation Commission 4829-Benefits-Guidelines for Medical Services, Charges, and Payments Comptroller of Public Accounts 4930-Tax Administration Commission on Fire Protection Personnel Standards and Education 4933-Continuing Education Texas Department of Human Services 4933-Early and Periodic Screening, Diagnosis, and Treatment Veterans Land Board 4934-General Rules 4934-Veterans Housing Assistance Program Withdrawn Sections Credit Union Department 4937-Chartering, Operations, Mergers, Liquidations Adopted Sections State Purchasing and General Services Commission 4939-Central Purchasing Division Texas Incentive and Productivity Commission 4939-Productivity Bonus Program 4940-Productivity Bonus Program Definitions 4940-Plan Submission and Approval Process 4940-Application for Award and Savings Transfer 4940-Award Approval 4940-Award Eligibility and Distribution Texas Alcoholic Beverage Commission 4941-Bingo Regulation Texas Department of Health 4953-Emergency Medical Care Texas Cancer Council 4954-Policies and Procedures 4954-Relationship Between Council and Private Organizations and Donors 4954-Grants Texas Air Control Board 4955-General Rules 4956-Control of Air Pollution from Motor Vehicles 4956-Permits Comptroller of Public Accounts 4957-Tax Administration Commission on Fire Protection Personnel Standards and Education 4960-Standards for Certification 4060-Continuing Education Texas Department of Human Services 4960-Family Self-Support Services 4960-Long-Term Care Nursing Facility Requirements for Licensure and Medicaid Certification 4961-Intermediate Care Facility for Mentally Retarded Open Meetings 4965-Texas Department on Aging 4965-Texas Department of Agriculture 4965-Texas Antiquities Committee 4965-State Bar of Texas 4966-Battleship Texas Advisory Board 4966-Texas Bond Review Board 4966-Texas Department of Commerce 4966-Texas State Board of Examiners of Professional Counselors 4967-Educational Economic Policy Center 4967-Texas Education Agency 4969-Advisory Commission on State Emergency Communications 4970-Texas Employment Commission 4970-Texas State Board of Registration for Professional Engineers 4970-TEXCAP Financing Corporation 4970-Texas Department of Health 4970-Texas Department of Human Services 4970-State Board of Insurance 4970-Texas Department of Insurance 4971-Legislative Audit Committee 4971-Texas Legislative Council 4971-Texas Legislative Reference Library 4970-Texas State Library and Archives Commission 4970-Texas Department of Licensing and Regulation 4972-Midwestern State University 4972-State Board of Plumbing Examiners 4972-Texas State Board of Examiners of Psychologists 4972-Public Utility Commission of Texas 4973-Railroad Commission of Texas 4974-Texas Real Estate Commission 4974-Texas Rehabilitation Commission 4974-State Committee of Examiners for Speech-Language Pathology and Audiology 4974-Board for Lease of State-owned Lands 4974-Teacher Retirement System of Texas 4974-Texas Small Business Industrial Development Corporation 4975-The Texas A&M University System 4975-Texas State Technical Institute 4976-Texas State University System 4976-Texas Department of Transportation 4976-University of Texas Health Center at Tyler 4976-Texas Water Commission 4977-Texas Workers' Compensation Commission 4977-Regional Meetings In Addition Texas Air Control Board 4981-Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions Texas Department of Aviation 4981-Correction of Statutory Reference Texas Department of Banking 4982-Notice of Hearing Comptroller of Public Accounts 4982-Request for Proposals Office of Consumer Credit Commissioner 4982-Notice of Rate Ceilings Texas Education Agency 4983-Consultant Contract Award 4983-Request for Proposal (Engineering and Science Recruitment Fund) Governor's Energy Office 4984-Availability of Proposed Energy Extension Service Plan Texas Department of Health 4984-HIV Health and Social Services Project Public Hearings Heart of Texas Council of Governments 4984-Request for Proposals Texas Department of Human Services 4985-Public Notices Texas Parks and Wildlife Department 4988-GSMFC Fall Meeting Public Utility Commission of Texas 4988-Notice of Intent to File Pursuant to PUC Substantive Rule 23.27 Texas Water Commission 4988-Enforcement Orders 4989-Public Notice 4989-Request for Proposal CONTENTS CONTINUED INSIDE ISSUE OFSeptember 10, 1991" TAC Titles Affected TAC Titles Affected-September The following is a list of the administrative rules that have been published this month. TITLE 1. ADMINISTRATION Part V. State Purchasing and General Services Commission 1 TAC sec.113.6, sec.113.10--4913 1 TAC sec.113.10--4939, 4939 1 TAC sec.113.34--4913 Part XIII. Texas Incentive and Productivity Commission 1 TAC sec.sec.273.1, 273.3, 273.9, 273.15--4835 1 TAC sec.sec.275.1, 275.3, 275.5, 275.7, 275.9, 275.13, 275.15, 275.17, 275.19, 275.21--4939 1 TAC sec.289.1--4940 1 TAC sec.sec.291.1, 291.3, 291.5--4940 1 TAC sec.sec.293.1, 293.3, 293.5--4940 1 TAC sec.295.1--4940 1 TAC sec.sec.297.1, 297.3, 297.5--4940 TITLE 7. BANKING AND SECURITIES Part VI. Credit Union Department 7 TAC sec.91.402--4914, 4937 TITLE 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce 10 TAC sec.178.10 sec.178.13--4914, 4887 10 TAC sec.178.19--4914, 4889 TITLE 16. ECONOMIC REGULATION Part II. Public Utility Commission of Texas 16 TAC sec.21.24--4915 16 TAC sec.23.23--4916 16 TAC sec.23.53--4919 Part III. Texas Alcoholic Beverage Commission 16 TAC sec.55.545--4891 16 TAC sec.sec.55.541-55.550, 55.552-55.555, 55.557, 55.558, 55.560-55.562, 55.564--4941 16 TAC sec.55.547--4892 16 TAC sec.55.550--4892 16 TAC sec.55.555--4893 TITLE 22. EXAMINING BOARDS Part V. Texas State Board of Dental Examiners 22 TAC sec.109.144--4775 22 TAC sec.109.181--4775 22 TAC sec.113.5--4775 22 TAC sec.114.1--4775 22 TAC sec.115.3--4776 Part VI. State Board of Registration for Professional Engineers 22 TAC sec.131.134--4893 Part XV. State Board of Pharmacy 22 TAC sec.291.6--4920 22 TAC sec.295.5--4921 Part XXI. Texas State Board of Examiners of Psychologists 22 TAC sec.471.4--4835 22 TAC sec.471.5--4835 22 TAC sec.473.1--4835 Part XXIII. Texas Real Estate Commission 22 TAC sec.535.123--4797 22 TAC sec.sec.537.11, 537.13, 537.23, 537.28, 537.29, 537.33--4797 Part XXXII. State Committee of Examiners for Speech-Language Pathology and Audiology 22 TAC sec.741.2--4800 22 TAC sec.sec.741.12, 741.19, 741.25, 741.26--4800 22 TAC sec.741.25, sec.741.26--4800 22 TAC sec.741.41--4801 22 TAC sec.sec.741.61, 741.63, 741.64--4801 22 TAC sec.sec.741.81, 741.83, 741.84--4803 22 TAC sec.741.102--4805 22 TAC sec.741.122--4805 22 TAC sec.741.143--4806 22 TAC sec.741.162, sec.741.163--4806 22 TAC sec.74.181--4808 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health 25 TAC sec.97.16--4894 25 TAC sec.97.22--4836 25 TAC sec.sec.141.11-141.13--4822 25 TAC sec.sec.143.6-143.8, 143.10, 143.11--4838 25 TAC sec.145.88--4822 25 TAC sec.sec.151.2, 151.4-151.7, 151.9, 151.12--4840 25 TAC sec.151.3--4841 25 TAC sec.157.2--4922 25 TAC sec.157.45--4953, 4894 25 TAC sec.sec.157.121-157.129--4923 25 TAC sec.sec.229.251-229.254--4776 25 TAC sec.325.5--4894 25 TAC sec.325.93--4927, 4895 25 TAC sec.sec.325.561, 325.563, 325.567, 325.568--4778, 4823 25 TAC sec.sec.325.1101-325.1109--4928, 4895 Part XI. Texas Cancer Council 25 TAC sec.701.1-701.7--4954 25 TAC sec.sec.701.1-701.9--4954 25 TAC sec.sec.702.1-702.4--4954 25 TAC sec.sec.703.1-703.4--4954 25 TAC sec.sec.703.1-703.14--4955 TITLE 28. INSURANCE Part I. State Board of Insurance 28 TAC sec.5.204--4896 28 TAC sec.7.36-- 28 TAC sec.7.60--4842 28 TAC sec.9.401--4823 Part II. Texas Workers' Compensation Commission 28 TAC sec.134.201--4929 28 TAC sec.sec.170.1-170.3--4843 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department 31 TAC sec.sec.57.371-57.376--4901 31 TAC sec.57.374, sec.57.375--4903 Part III. Texas Air Control Board 31 TAC sec.101.24--4955 31 TAC sec.114.11--4956 31 TAC sec.116.11--4956 Part IX. Texas Water Commission 31 TAC sec.sec.335.321-335.332--4780 31 TAC sec.sec.335.325-335.333--4795 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts 34 TAC sec.sec.3.175--4957 34 TAC sec.3.282--4844 34 TAC sec.3.285--4957 34 TAC sec.3.297--4930 34 TAC sec.3.407--4932 34 TAC sec.3.681--4795 34 TAC sec.3.682--4795 34 TAC sec.3.693--4932 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VIII. Commission on Fire Protection Personnel Standards and Education 37 TAC sec.sec.233.31, 233.33, 233.35, 233.37, 233.39, 233.41, 233.43, 233.45--4824 37 TAC sec.sec.233.31, 233.33--4824 37 TAC sec.233.91--4960 37 TAC sec.sec.233.93, 233.95, 233.97, 233.99, 233.101, 233.103, 233.105, 233.107, 233.109--4825 37 TAC sec.sec.233.93, 233.95, 233.97, 233.99, 233.101, 233.103--4825 37 TAC sec.sec.243.1, 243.3, 243.5, 243.7--4960 37 TAC sec.243.5, sec.243.7--4933 37 TAC sec.sec.243.9, 243.13, 243.15--4827 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--4833 37 TAC sec.sec.247.3, 247.7, 247.9--4828 37 TAC sec.341.21--4828 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services 40 TAC sec.10.3458-- 40 TAC sec.19.604--4960 40 TAC sec.27.415--4961 40 TAC sec.29.609--4829 40 TAC sec.33.13--4934, 4904 40 TAC sec.33.122--4934, 4904 40 TAC sec.33.124--4934, 4904 40 TAC sec.sec.33.306, 33.318, 33.320--4934, 4904 Part V. Veterans Land Board 40 TAC sec.175.17--4934, 4905 40 TAC sec.177.8, sec.177.9--4934 TITLE 43. TRANSPORTATION Part I. State Department of Highways and Public Transportation 43 TAC sec.sec.9.20-9.22--4905 43 TAC sec.17.69--4906 43 TAC sec.21.149--4907 43 TAC sec.21.150--4908 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 21, 1991 To be a member of the Interstate Oil Compact Commission for a term at the pleasure of the Governor: Andy Taylor, Bracewell and Patterson, 100 Congress Avenue, Suite 1900, Austin, Texas 78701. To be a member of the Interstate Oil Compact Commission for a term at the pleasure of the Governor: Kimberly Diann Vaughan, 300 West Austin, Marshall, Texas 75670. Appointments Made August 28, 1991 To be a member of the State Job Training Coordinating Council for a term at the pleasure of the Governor: Paula S. Gomez, Member, Texas Board of Human Services, 2137 East 22nd Street, Brownsville, Texas 78520. Ms. Gomez will be replacing Cassandra Carr of Austin, who resigned. Issued in Austin, Texas, on August 28, 1991 TRD-9110592 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 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce Chapter 178. Texas Community Development Program Subchapter A. Allocation of Program Funds 10 TAC sec.178.10, sec.178.13 The Texas Department of Commerce (Commerce) adopts on an emergency basis amendments to sec.178.10 and sec.178.13, concerning application procedures and eligible activities for 1991 community development block grant funds under the Texas Capital Fund Program. The amendments revise application procedures and augment activities for eligible nonentitlement cities and counties. The amendments are adopted on an emergency basis to immediately implement application procedures and additional eligible activities thus ensuring easier access to the Texas Capital Fund Program and more timely awards to eligible nonentitlement cities and counties. The amendments are adopted on an emergency basis under the Texas Government Code Annotated, Chapter 481, Subchapter N which provides Commerce with the authority to allocate community development block grant nonentitlement area funds to eligible counties and municipalities according to department rules. sec.178.10. General Provisions. (a)-(b) (No change.) (c) Types of applications. (1) (No change.) (2) Joint applications. Subject to approval by the United States Department of Housing and Urban Development and subject to each participating community satisfying the application requirements of the Texas Community Development Program fund under which the application is submitted and this paragraph, an application will be accepted from two or more units of general local government if the application clearly demonstrates that the proposed activities will mutually benefit the residents of the communities applying for funds. A joint application solely for administrative convenience will not be accepted. Any community participating in a joint application may not submit a single jurisdiction application under the project fund for which the joint application was submitted. One of the participating communities must be primarily accountable to the department for financial compliance and program performance. Only one unit of general local government may be the official applicant and this applicant must enter into a legally binding cooperation agreement with each participant that incorporates Texas Community Development Program requirements. A proposed project which is located in more than one jurisdiction or in which beneficiaries from more than one jurisdiction will be counted must be submitted as a joint application (except as specified for the Texas capital fund, the governor's special assistance fund for small and minority businesses, and the governor's small business special assistance fund). (d)-(f) (No change.) (g) Appeals. An applicant for funding under the Texas Community Development Program may appeal the disposition of its application in accordance with this subsection. (1) (No change.) (2) The appeal must be submitted in writing to the Texas Community Development Program of the department no later than 30 days after the date the announcement of contract awards is published in the Texas Register
    . In addition, timely appeals not submitted in writing at least five working days prior to the next regularly scheduled meeting of the State Review Committee will be heard at the subsequent meeting of the State Review Committee. The department staff will evaluate the appeal and may either concur with the appeal and make an appropriate adjustment to the applicant's scores, or disagree with the appeal and prepare an appeal file for consideration by the State Review Committee at its next regularly scheduled meeting. The State Review Committee will make a final recommendation to the executive director of the department. The decision of the executive director of the department is final. If the appeal concerns a Texas Capital Fund application, a governor's special assistance fund for small and minority businesses application, or a governor's small business special assistance fund application,
      the department staff will evaluate the appeal and may either concur with the appeal [and make an appropriate adjustment to the applicant's scores,] or disagree with the appeal and prepare an appeal file for consideration by the executive director. The executive director will then consider the appeal within 30 days and make the final decision. (3) In the event the appeal is sustained and the corrected scores would have resulted in project funding, the application will be approved and funded. If the appeal is rejected, the department will notify the applicant of its decision, including the basis for rejection after the meeting of the State Review Committee at which the appeal was considered. If the appeal concerns a Texas Capital Fund application, a governor's special assistance fund for small and minority businesses application, or a governor's small business special assistance fund application,
        the applicant will be notified of the decision made by the executive director within 10 days after the final determination by the executive director. (4) (No change.) (h)-(n) (No change.) sec.178.13. Texas Capital Fund. (a) General provisions. This fund covers projects which will result in either an increase in new, permanent employment within a community or retention of existing permanent employment. All jobs being created or retained must primarily benefit low- and moderate-income persons. A minimum of 51% of all of the jobs ultimately created or retained must have been for people who at the time of their employment had total family income
          [were living in households whose total income was] below the low- and moderate-income limit for the county where the development occurred. Eligible activities will include the loan program, the infrastructure program, and the real estate development program. The loan program will provide financing for machinery and equipment, working capital, the purchase of land and depreciable property new construction, and rehabilitation of commercial or industrial facilities. The infrastructure program will provide a grant for the construction and/or improvement of water/wastewater facilities, public roads, natural gas-line services, electric-power services, and railroad spurs. The real estate development program will provide a grant for the acquisition, construction, or rehabilitation of real estate. The terms and criteria for the loan program, the infrastructure program, and the real estate development program are further defined in the preapplication guidelines for the programs.
            A firm financial commitment from all funding sources other than United States Department of Commerce
              Economic Development Administration
                funds is required upon submission of a pre-application. A letter from the United States Department of Commerce
                  Economic Development Administration inviting a formal application under its public works program must be included in the pre-application if applicable. The leverage ratio between all funding sources and Texas capital funds must not be less than 1:1. [A minimum of 5.0% cash equity injection of the total project costs by the principals is required.] In order for an applicant to be eligible for Texas capital funding, the cost per job calculation must not exceed $25,000. (1) -(2) (No change.) (3) The department may
                    [will only] consider providing funding for an economic development project proposed by a city that is outside
                      [in] the city's corporate limits or extraterritorial jurisdiction and may
                        [will only] consider a project proposed by a county that is outside
                          [in] the unincorporated area of the county if the applicant demonstrates that the project is appropriate to meet its needs, if the applicant has the legal authority to engage in such a project, and if at least 51% of the principal beneficiaries reside within the applicant's jurisdiction. (4)-(5) (No change.) (b) (No change.) (c) Selection procedures. Scoring and recommended rankings of projects is completed
                            [done] by department staff. The Texas Capital Fund
                              Advisory Committee, selected by the executive director of the department
                                , [director of the Texas Community Development Program] assists the Texas capital fund staff in reviewing the design of the projects. The application and selection procedures consist of the following steps: (1) Prior to submitting a formal application, each potential applicant must submit a complete preapplication for [loan or infrastructure] assistance and the "notice of intent" form to the Office of Business Finance Services, Business Development
                                  [Finance] Division, of the department. (2) Upon receipt of a preapplication, the department staff performs an initial review to determine whether the preapplication is complete and whether the activities proposed are eligible for funding. The department staff then conducts a review of each preapplication to make five threshold determinations with respect to: (A) (No change.) (B) the strength of commitments from all other public and/or private investments identified in the preapplication
                                    [application]; (C) (No change. ) (D) whether the use of
                                      Texas capital funds is
                                        [are necessary or] appropriate, as defined in the preapplication guidelines
                                          [application package] for this fund, to carry out the project proposed in the preapplication
                                            [application]; and (E) (No change.) (3)
                                              [(7)] The department staff generates scores on selection criteria related to leverage ratio, project feasibility, minority hiring and cost per job. Scores on factors in these categories are derived from information provided by the applicant. An applicant must receive at least 60 points out of a possible 100 points to be considered for funding. An applicant that receives at least 60 points on such criteria may be invited to send a representative to make a presentation to staff. (4)
                                                [(5)] If a project is determined not to be feasible or eligible [under this section], the department will notify the applicant of its decision, including the basis for denial. (5)
                                                  [(3)] If the Advisory Committee recommends that the department invite a formal application,
                                                    [If the proposed activities are determined to be feasible and eligible under this section,] the preapplicant is required to meet with department staff to discuss the project and program rules with the mayor or judge, as applicable, or his designee, and one company official. At the preapplication meeting, technical assistance is offered and financial information relative to the project may be discussed. (6)
                                                      [(4)] After the preapplication meeting has been conducted, the department may authorize the submittal of a formal application. A formal application may only be submitted if the department authorizes such in writing. If an authorization to submit a formal application is granted, a formal application must be submitted within 45 days of the authorization. (7)
                                                        [(6)] Each regional review committee may, at its option, review and comment on an economic development proposal from a jurisdiction within its state planning region. These comments become part of the application file and are considered by the department provided such comments are received by the department within 10 days after the formal application is submitted. [(8) This information and comments provided by the regional review committees are used by the department staff to help evaluate the design of the project.] (8)
                                                          [(9)] The department staff makes recommendations for project selection to the executive director of the department. (9)
                                                            [(10)] The executive director of the department reviews the recommendations and announces the projects selected for funding. (10)
                                                              [(11)] The department staff works with the recipients to execute contract agreements. While the contract award must be based on the information provided in the preapplication and the
                                                                formal application, the department may negotiate any element of the final contract agreement with the recipient. (d) Selection criteria. The following is an outline of the selection criteria used for selection of projects under the Texas capital fund. One hundred points are available. The terms and criteria used in this subsection are further defined in the preapplication guidelines
                                                                  [application package] for this fund. (1) Project feasibility (total-30 points). The feasibility of each project is evaluated and scored based on the financial soundness of the project. Factors examined include firm commitments for financial investments and the jobs to be created or retained; the history of the business; the current financial condition of the business, including a full review of the credit analysis; cash flow projections; the business or marketing plan, including letters of intent to purchase products or services; and management experience of the business's principals. A project located in a designated enterprise zone will receive special consideration. [A minimum of 5.0% cash equity injection of the total project costs by the principals is required for each application.] (2) (No change.) (3) Leverage ratio (total-30 points). Points are awarded by dividing the total other funds committed by the amount of Texas capital funds requested less administration, in accordance with the following scale: [graphic] (4) Cost per job (total-20 points). Points are awarded by dividing the amount of Texas capital funds requested by the number of full-time job equivalents to be created or retained, in accordance with the following scale: [graphic] (e) Additional criteria for the loan program and the infrastructure program. A minimum of a 10% equity injection (of the total project costs) in the form of cash, land, buildings, equipment, furniture, or fixtures by the business is required. (f) Additional criteria for the real estate development program. A minimum of a 10% equity injection (of the total project costs) in the form of cash, land, buildings, equipment, furniture, or fixtures by the business is required if the business has been operating for at least a three-year period. A minimum of a 33% equity injection (of the total project costs) in the form of cash, land, buildings, equipment, furniture, or fixtures by the business is required if the business has been operating for less than a three-year period. Issued in Austin, Texas, on August 28, 1991. TRD-9110728 Cathy Bonner Interim Executive Director Texas Department of Commerce Effective date: August 30, 1991 Expiration date: December 28, 1991 For further information, please call: (512) 320-9666 10 TAC sec.178.19 The Texas Department of Commerce (Commerce) adopts on an emergency basis new sec.178.19, concerning application procedures and requirements for a new program (governor's special assistance fund for small and minority businesses), under 1991 community development block grant funds. The new section outlines application procedures and requirements for eligible nonentitlement cities and counties. The new section is adopted on an emergency basis to immediately implement application procedures and requirements thus ensuring easier access to the 1991 Governor's Special Assistance Fund For Small And Minority Businesses and more timely awards to eligible nonentitlement cities and counties. The new section is adopted on an emergency basis under the Texas Government Code Annotated, Chapter 481, Subchapter N which provides Commerce with the authority to allocate community development block grant nonentitlement area funds to eligible counties and municipalities according to department rules. sec.178.19. Governor's Special Assistance Fund For Small And Minority Businesses Program Rules. (a) General provisions. This fund covers projects which will result in either an increase in new, permanent employment within a community or retention of existing permanent employment. All jobs being created or retained must primarily benefit low- and moderate-income persons. A minimum of 51% of all of the jobs ultimately created or retained must have been for people who at the time of their employment had total family income below the low- and moderate-income limit for the county where the development occurred. A firm financial commitment from all funding sources is required upon submission of a preapplication. The department may provide a maximum of 75% of the total cost of the project. A minimum of a 10% equity injection (of the total project costs) in the form of cash, land, buildings, equipment, furniture, or fixtures by the business is required. In order for an applicant to be eligible for funding, the cost per job calculation must not exceed $25,000. (1) A small business is defined as a for-profit enterprise with less than 100 employees or less than $1 million in annual gross receipts. A minority business is defined as a for-profit enterprise in which at least 51% of the enterprise is owned, operated, and controlled by one or more persons who are socially disadvantaged because of their identification as members of certain groups, including, but not limited to Women, Black Americans, Hispanic Americans, Asian or Pacific Americans, and American Indians. (2) No assistance will be provided for projects intended to facilitate the relocation of industrial or commercial plants or facilities from one unit of general local government within Texas to another unit of general local government within Texas unless the relocating industrial or commercial plant or facility provides the department with satisfactory documentation that it will move out of the State of Texas without such assistance, or unless the chief elected official of the unit of general local government from which such plant or facility is relocating provides the department with satisfactory documentation that such unit of general local government has no objections to the relocation. (3) The department will not consider any application for funding which would result in the provision of assistance for an economic development project where the applicant and one or more other cities or counties are competing to provide economic development project funds to that project. (4) The department will not consider any application for funding in which the business to be assisted thereunder has filed under the Federal Bankruptcy Code, and the matter is in the process of being adjudicated or in which such business has been adjudicated bankrupt. (5) The department will only consider applications that provide funding for one business. (6) The department may consider providing funding for an economic development project proposed by a city that is outside the city's corporate limits or extraterritorial jurisdiction and may consider a project proposed by a county that is outside the unincorporated area of the county if the applicant demonstrates that the project is appropriate to meet its needs, if the applicant has the legal authority to engage in such a project, and if at least 51% of the principal beneficiaries reside within the applicant's jurisdiction. (b) Funding cycle. This fund is distributed to eligible units of general local government. Preapplications will be accepted continuously. There are no preapplication deadlines. (c) Selection procedures. The review and evaluation of projects is done by department staff. The Governor's Advisory Committee for Small and Minority Businesses, selected by the executive director of the department, assists the staff in reviewing the design of the projects. The application and selection procedures consist of the following steps: (1) Prior to submitting a formal application, each potential applicant must submit a complete preapplication for assistance and the "notice of intent" form to the Office of Business Finance Services, Business Development Division, of the department. (2) Upon receipt of a preapplication, the department staff performs an initial review to determine whether the preapplication is complete and whether the activities proposed are eligible for funding. The department staff then conducts a review of each preapplication to make threshold determinations with respect to: (A) the financial feasibility of the business to be assisted based on a credit analysis; (B) the strength of commitments from all other public and/or private investments identified in the preapplication; (C) whether the use of funds is appropriate, as defined in the preapplication guidelines for this fund, to carry out the project proposed in the preapplication; and (D) whether there is evidence that at least 51% of the permanent jobs created or retained will benefit low- and moderate-income persons. (3) Based on the information provided by the applicant, the department staff will evaluate the preapplication on the basis of financial feasibility, leverage ratio, cost per job, and management capabilities. An applicant must receive a favorable evaluation to be considered for funding. (4) If a project is determined not to be feasible or eligible, the department will notify the applicant of its decision, including the basis for denial. (5) If the Advisory Committee recommends that the department invite a formal application, the preapplicant is required to meet with department staff to discuss the project and program rules with the mayor or judge, as applicable, or his designee, and one company official. At the preapplication meeting, technical assistance is offered and financial information relative to the project may be discussed. (6) After the preapplication meeting has been conducted, the department may authorize the submittal of a formal application. A formal application may only be submitted if the department authorizes such in writing. If an authorization to submit a formal application is granted, a formal application must be submitted within 45 days of the authorization. (7) Each regional review committee may, at its own option, review and comment on an economic development proposal from a jurisdiction with its state planning region. These comments become part of the application file and are considered by the department provided such comments are received by the department within 10 days after the formal application is submitted. (8) The department staff makes recommendations for project selection to the executive director of the department. (9) The executive director of the department reviews the recommendations and announces the projects selected for funding. (10) The department staff works with the recipients to execute contract agreements. While the contract award must be based on the information provided in the preapplication and the formal application, the department may negotiate any element of the final contract agreement with the recipient. (d) Selection criteria. The following is an outline of the selection criteria used for selection of projects under the governor's special assistance fund for small and minority businesses. The terms and criteria used in this subsection are further defined in the preapplication guidelines for this fund. (1) Financial feasibility and management capabilities. The feasibility of each project is evaluated based on the financial soundness of the project. Factors examined include firm commitments for financial investments and the jobs to be created or retained; the history of the business; the current financial condition of the business, including a full review of the credit analysis; cash flow projections; the business or marketing plan, including letters of intent to purchase products or services; and management experience of the business's principals. A project located in a designated enterprise zone will receive special consideration. (2) Leverage ratio. The leverage ratio is calculated by dividing the total other funds committed by the amount of governor's special assistance fund for small and minority businesses' funds. (3) Cost per job. The cost per job ratio is calculated by dividing the amount of governor's special assistance fund for small and minority businesses' funds requested by the number of full-time job equivalents to be created or retained. In order for an applicant to be eligible for funding, the cost per job calculation must not exceed $25,000. Issued in Austin, Texas, on August 28, 1991. TRD-9110729 Cathy Bonner Interim Executive Director Texas Department of Commerce Effective date: August 30, 1991 Expiration date: December 28, 1991 For further information, please call: (512) 320-9666 TITLE 16. ECONOMIC REGULATION Part III. Texas Alcoholic Beverage Commission Chapter 55. Bingo Regulations 16 TAC sec.55.545 The Texas Alcoholic Beverage Commission adopts on an emergency basis an amendment to sec.55.545, concerning licenses, fees, and bonds for conduct of bingo and commercial lessor. The amendment adds subsection (b)(4) to specify bond requirements for applicants for a commercial lessor's license. The amendment is adopted on an emergency basis to implement the imposition of the bingo rental tax by Texas Civil Statutes, Article 179d, Bingo Enabling Act sec.2B, as added by the 72nd Legislature, First Called Session, 1991, House Bill 11. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179d, sec.16(a), which provide the commission with the authority to adopt rules for the enforcement and administration of the Bingo Enabling Act. This amendment is also adopted on an emergency basis under Texas Civil Statutes, Article 6252-13a, sec.5(d), which authorize the commission to adopt rules on an emergency basis to meet a requirement of a new state law. sec.55.545. Licenses, Fees, and Bonds for Conduct of Bingo and Commercial Lessor. (a) (No change.) (b) Commercial license to leaser bingo pemises. (1)-(3) (No change.) (4) Bond or other security. Each application for an annual license to lease bingo premises must be accompanied by a bond or security equal to the applicant's estimated quarterly tax liability. No new bond will be required upon renewal if the licensee would be eligible to have an existing bond released under subparagraph (D) of this paragraph. If a bond or other form of security is required, no license will be issued until such bond or other security has been posted. (A) Type of bond. Only the following types of bonds are acceptable: (i) cash (personal checks payable to the state treasurer are acceptable); (ii) irrevocable assignments (executed on forms approved by the commission) of certificates of deposit or savings accounts in banks, savings and loan institutions, or credit unions whose deposits are insured by an agency of the United States Government; (iii) United States Treasury bonds of a type that are readily convertible to cash; or (iv) a surety bond executed on a form approved by the commission and issued by a surety company chartered or authorized to do business in the State of Texas. The bond will constitute a new and separate obligation in the penal sum shown for each calendar year or a portion of a year while the bond is in force. The bond must be executed by an attorney-in-fact appointed by the surety. The appointing instrument must be properly notarized and physically attached to the bond. (B) New bond or changes in amount. If a surety company notifies the commission in writing that it has withdrawn as surety on a bond issued on behalf of a licensee as security for bingo rental tax liability, the commission will notify the licensee that it must post a new bond to maintain its license. The commission may increase the amount required to be posted as a bond whenever the bond already posted does not cover the licensee's average quarterly tax liability, or if, in the commission's opinion, the amount of bond or other security is not sufficient to protect against failure to pay the amount which may become due. The commission may also reduce the amount of bond already posted, either on its own determination or at the request of the licensee. In determining whether to require the furnishing of additional bond or other security by a licensee or to reduce the amount already posted, the commission will consider payment history, general financial condition, or other factors which indicate the risks involved in insuring the payment of applicable taxes. (C) Forfeiture. If a licensee pays less than the amount of bingo rental tax due under the act the commission will notify both the licensee and any surety of the delinquency by jeopardy or deficiency determination. If payment is not made by the demand date stated in the notice, the commission will forfeit the bond or security or any part of the bond or security necessary to pay the proper amount of tax. Failure to pay any delinquency when due is grounds for suspension or revocation of the licensed commercial lessor's right to lease bingo premises. (D) Release. If the licensee ceases to lease bingo premises and relinquishes its license or if the license is revoked by the commission for any reason, the commission will release any bond or security on its determination that no amounts of tax, penalty, or interest remain due and payable under the Act. If the licensee has filed all required returns, has no outstanding amounts of tax, penalty, or interest due and payable under the Act, and has completed seven consecutive quarters without a deficiency determination becoming final the bond or security will be released at the time the licensee next renews its license. (E) Reinstatement. If a deficiency determination becomes final for a licensee who has had its bond released or for whom a bond was not required, a new bond will be required at the time the licensee next renews its license. (c)-(m) (No change.) Issued in Austin, Texas, on August 27, 1991. TRD-9110583 Joe Darnall General Counsel Texas Alcoholic Beverage Commission Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 465-4904 16 TAC sec.55.547 The Texas Alcoholic Beverage Commission adopts on an emergency basis an amendment to sec.55.547, concerning books and records-bingo licensees. The amendment amends subsections (a) and (b), and adds subsection (e) to require keeping of rental records by commercial lessors and to require authorized organizations to keep records on prize fees. The amendment is adopted on an emergency basis to implement Texas Civil Statutes, Article 179d, Bingo Enabling Act, sec. s2B, 19B, and 20, as added or amended by the 72nd Legislature, First Called Session, House Bill 11. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179d, sec.16(a), which provide the commission with authority to adopt rules relating to the enforcement and administration of the Bingo Enabling Act. This amendment is also adopted on an emergency basis under Texas Civil Statutes, Article 62-52-13a, sec.5(d), which authorize the commission to adopt rules on an emergency basis to meet a requirement of a new state law. sec.55.547. Books and Records-Bingo Licensees. (a) This rule sets minimum standards for record keeping for licensees that conduct bingo or, where specified, that lease bingo premises
                                                                    . Where the Texas Alcoholic Beverage Commission (commission) provides forms for record keeping, licensees may use those forms or forms of their own choosing which contain they same information, except as otherwise provided in paragraph (1)(D) of this subsection. (1) Cash receipt records. The records required to document cash receipts consist of the following. (A) Daily cash report. This report must be prepared after each bingo occasion. The report must contain the following information: (i)-(vii)
                                                                      (No change.) (viii) prize fees withheld; (ix)
                                                                        [(viii)] petty cash fund. A petty cash fund not to exceed $2,500 may be used at each bingo occasion; (x)
                                                                          [(ix)] net bank deposit. (B) Bingo bank account. A licensed authorized
                                                                            organization must establish and maintain one regular checking account designated the bingo account and may also maintain an interest-bearing savings account designated the bingo savings account, as provided in the Bingo Enabling Act, Texas Civil Statutes, Article 179d, s19a(a). A licensed organization may have on its bingo account's signature card only active members of the organization except that one bookkeeper or accountant who is not a member may be on the signature card. At least one active member of the licensed organization must be on the signature card. A licensed organization must keep validated deposit slips. Any interest income earned from the bingo savings account must be accounted for as part of the net proceeds available for charitable distribution. Prize fees collected at a bingo occasion shall be deposited in the bingo checking account with the proceeds from that occasion. (C)-(D) (No change.) (2) Cash disbursement records. The records to document cash disbursements consist of the following: (A)-(C) (No change.) (D) Daily schedule of prizes. Each licensee shall maintain a list for each bingo occasion of the total prizes awarded for each game, their value, [and] the number of winners, and prize fees withheld,
                                                                              as required by the Bingo Enabling Act, Texas Civil Statutes, Article 179d, s23(a) and (b), and sec.19b. In determining the fee to be collected from each winner, the authorized organization shall round off to the nearest whole cent. One-half cent shall be rounded off to the next highest whole cent. For each deal or series of instant bingo cards in play the list shall include the series number, the total value of prizes awarded, and the prize fees withheld. (b) Records retention. Records of the commercial lessors and authorized
                                                                                organizations must be maintained for at least four years. (c)-(e) (No change.) (f) All commercial lessors. (1) This subsection applies to all licensed commercial lessors. (2) A licensed commercial lessor must maintain a receipts journal to record its rental receipts. The following information must be shown concerning each rental payment received: (A) name of the payor; (B) check number; (C) date received; (D) date deposited; (E) amount received; (F) dates of occasions covered by the payment; and (G) Purpose of payment. Issued in Austin, Texas, on August 27, 1991. TRD-9110582 Joe Darnall General Counsel Texas Alcoholic Beverage Commission Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 465-4904 16 TAC sec.55.550 The Texas Alcoholic Beverage Commission adopts on an emergency basis an amendment to sec.55.550, concerning bingo reports. The amendment amends subsections (a), (b), (c), and (d) to provide for the reporting and payment of the fee on prizes by licensed authorized organizations and the bingo rental tax by licensed commercial lessors. The amendment also amends subsection (a) to provide for payment of the bingo gross receipts tax to the commission, and to delete the requirement that a copy of the quarterly report for gross receipts tax be filed with the comptroller. The amendment is adopted on an emergency basis to implement Texas Civil Statutes, Article 179d, Bingo Enabling Act, sec. s2B, 19B, and 20, as added or amended by the 72nd Legislature, First Called Session, House Bill 11. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179d, sec.16(a), which provide the commission with the authority to adopt rules relating to the enforcement and administration of the Bingo Enabling Act. This amendment is also adopted on an emergency basis under Texas Civil Statutes, Article 6252-13a, sec.5(d), which authorize the commission to adopt rules on an emergency basis to meet a requirement of a new state law. sec.55.550. Bingo Reports. (a) Quarterly reports for gross receipts tax and for information relating to the conduct of bingo games. (1) An authorized organization holding an annual license, temporary license, or a temporary authorization to conduct bingo must file on a form provided by the Texas Alcoholic Beverage Commission (commission) a quarterly report for gross receipts taxes and statistical information relating to the conduct of bingo games. The report must be filed with [both] the commission [and the comptroller], the report filed with the commission
                                                                                  [comptroller] must be accompanied by any tax due, and the report
                                                                                    [both reports] must be filed on or before the 15th day of the month following the end of the calendar quarter even if there were no gross receipts or gross receipts subject to tax for that quarter. (2)-(3) (No change.) (b) Quarterly reports for fee on prizes. (1) An authorized organization holding an annual license, temporary license, or temporary authorization to conduct bingo must file on a form provided by the Texas Alcoholic Beverage Commission a quarterly report for the fees on bingo prizes. The report must be filed with the commission, must be accompanied by any fees due, and must be filed on or before the 15th day of the month following the end of the calendar quarter even if there were no prizes awarded during the quarter. (2) The report must be signed by the member designated as responsible for the filing of reports. (c) Commercial lessor. A person holding an annual license or a temporary authorization to lease bingo premises must file on a form provided by the Texas Alcoholic Beverage Commission a quarterly report for bingo rental taxes and statistical information relating to the leasing of bingo premises. The report must be filed with the commission, must be accompanied by any tax due, and must be filed on or before the 15th day of the month following the end of the calendar quarter even if there were no gross rentals subject to tax for that quarter. (d)
                                                                                      [(b)] Failure to receive forms. The failure of licensees [conducting bingo games] to receive forms from the commission does not relieve them from the requirement of filing reports and remitting [bingo gross receipts] taxes or fees
                                                                                        on a timely basis. [(c) Commercial lessor. A licensed commercial lessor must file an informational report at any time it is requested by the commission.] (e)
                                                                                          [(d)] Effective date. This rule, as amended, is effective September 1, 1991
                                                                                            [for all quarterly reports and bingo gross receipts tax payments due on or after April 15, 1990, covering periods beginning with the first quarter of 1990]. Issued in Austin, Texas, on August 27, 1991. TRD-9110581 Joe Darnall General Counsel Texas Alcoholic Beverage Commission Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 465-4904 16 TAC sec.55.555 The Texas Alcoholic Beverage Commission adopts on an emergency basis an amendment to sec.55.555, concerning minimum charitable distribution. The amendment allows a credit for bingo rental taxes paid. The amendment is adopted on an emergency basis to allow a credit for the bingo rental tax imposed by Texas Civil Statutes, Article 179d, Bingo Enabling Act, sec.2B, as added by the 72nd Legislature, First Called Session, 1991, House Bill 11. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179d, sec.16(a), which provide the commission with the authority to adopt rules for the enforcement and administration of the Bingo Enabling Act. This amendment is also adopted on an emergency basis under Texas Civil Statutes, Article 6252-13a, sec.5(d), which authorize the commission to adopt rules on an emergency basis to meet a requirement of a new state law. sec.55.555. Minimum Charitable Distribution.
                                                                                              The amount paid as bingo taxes for the last preceding quarter and an amount for basic fixed expenses equal to 2.75% of the gross receipts for the last preceding quarter shall be allowed as a credit towards the required 35% charitable distribution under Texas Civil Statutes, Article 179d, Bingo Enabling Act, sec.19a(k). However, the total of all credits, [both] for bingo gross receipts taxes, bingo rental taxes,
                                                                                                and for expenses may not exceed $11,000 per quarter. Issued in Austin, Texas, on August 27, 1991. TRD-9110580 Joe Darnall General Counsel Texas Alcoholic Beverage Commission Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 465-4904 TITLE 22. EXAMINING BOARDS Part VI. State Board of Registration for Professional Engineers Chapter 131. Practice and Procedure Registration 22 TAC sec.131.134 The Texas State Board of Registration for Professional Engineers adopts on an emergency basis an amendment to sec.131.134, concerning expirations and renewals. The section as amended must be in effect prior to the beginning of Fiscal Year 1992 in order to comply with legislation of the First Called Session, 72nd Legislature, concerning the annual license renewal fees. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.131.134. Expirations and Renewals.
                                                                                                  The certificate of registration is a license to practice engineering under the provisions of the Act and must be renewed by the registrant annually; otherwise, such license shall become invalid until the date the board receives the registrant's renewal and penalty fee. Each registrant shall advise the board in writing of each change of mailing address as it occurs. The board will mail a renewal notice to the last recorded address of each registrant in compliance with the Act, sec.16(a) . It is the sole responsibility of the registrant to pay the required renewal fee together with any applicable penalty at the time of payment, regardless of whether the renewal notice is received. Stipulations with reference to expirations and renewals of certificates of registration are set out in the Act, s16 and sec.16.1. The following will apply to renewals. (1)-(2) (No change.) (3) The board may consider reduced annual renewal fees for registered engineers who are at least 65 years of age. (4)
                                                                                                    [(3)] Licenses will expire according to the following schedule. (A)-(D) (No change.) (5)
                                                                                                      [(4)] Late renewals will be effected as follows. (A) A license expired for not more than 90 calendar days may be renewed by payment of the set annual renewal fee, plus a penalty
                                                                                                        fee set by the board
                                                                                                          [equal to 1/2 of the current application fee for a license]. (B) A license expired for more than 90 calendar days but less than one year may be renewed by payment of the renewal fee which was due at expiration, plus a penalty
                                                                                                            fee set by the board
                                                                                                              [equal to the current application fee or a license]. (C) A license expired for one year but less than two years may be renewed by payment of the renewal fee which was due at expiration, plus the renewal fee which was set for the first anniversary of that expiration, plus a penalty
                                                                                                                fee set by the board
                                                                                                                  [equal to the current application fee for a license]. (6)
                                                                                                                    [(5)] A license which as been expired for two years may not be renewed, but the former registrant may apply for a new certificate of registration as provided in the Act and applicable board rules. Issued in Austin, Texas, on August 30, 1991. TRD-9110720 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 30, 1991 Expiration date: December 29, 1991 For further information, please call: (512) 440-7723 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 97. Communicable Diseases Control of Communicable Diseases 25 TAC sec.97.16 The Texas Department of Health is renewing the effectiveness of the emergency adoption of amended sec.97.16, for a 60-day period effective August 31, 1991. The text of amended sec.97.16 was originally published in the May 10, 1991, issue of the Texas Register (16 TexReg 2567). Issued in Austin, Texas, on September 3, 1991. TRD-9110772 Dan LaFleur Liaison Officer Texas Department of Health Effective date: August 31, 1991 Expiration date: October 30, 1991 For further information, please call: (512) 458-7236 Chapter 157. Emergency Medical Care EMS Personnel Certification 25 TAC sec.157.45 The Texas Department of Health is renewing the emergency effectiveness of an amendment to sec.157.45, until September 19, 1991. The text of the emergency amendment was published in the May 17, 1991, issue of the Texas Register
                                                                                                                      (16 TexReg 2693). A correction of error for the proposed amendment was published in the June 18, 1991, issue of the Texas Register
                                                                                                                        (16 TexReg 3318). Issued in Austin, Texas on August 29, 1991. TRD-9110647 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: August 29, 1991 Expiration date: September 19, 1991 For further information, please call: (512) 458-7550 Chapter 325. Solid Waste Management Subchapter A. General Information The Texas Department of Health (department) adopts on an emergency basis an amendment to existing sec.325.5 and new sec.sec.325.1101-325. 1109, concerning solid waste management. Section 325.5 covers definitions and new sec.sec.325.1101-325.1109 covers the management of lead acid batteries. The amendment adds definitions of various words and terms used in the new sections, which contain requirements for persons who generate, handle, recycyle, and/or dispose of lead acid batteries. The amendments and new sections implement the requirements of Senate Bill 1340, 72nd Legislature, 1991. The reason for the emergency adoption is that Senate Bill 1340 becomes effective on September 1, 1991. Accordingly, the department needs to have the amendment and new sections in effect on this date in order to begin implementing Senate Bill 1340 on its effective date. The amendment and new sections also are being proposed for permanent adoption in this issue of the Texas Register. 25 TAC sec.325.5 The amendment is adopted on an emergency basis under Senate Bill 1340, 72nd Legislature, 1992, which provides the Board of Health with authority to adopt rules concerning the management of lead acid batteries; Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt rules on an emergency basis; Health and Safety Code, sec.361.024, which provides the board with authority to adopt rules to manage and control municipal solid waste; 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.325.5 Definitions.
                                                                                                                          The following words, terms, and abbreviations when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Other definitions, pertinent to specific sections are contained within the appropriate sections.
                                                                                                                            Acid-A substance containing hydrogen which will release hydrogen (hydronium) ions when dissolved in water. Acids usually have a sour taste and will cause blue litmus dye to turn red.
                                                                                                                              Battery-An electrochemical device that generates electric current by converting chemical energy to electrical energy. Its essential components are positive and negative electrodes made or more of less electrically conductive materials, a separate medium, and an electrolyte. There are four major types: (A) primary batteries (dry cells); (B) storage or secondary batteries; (C) nuclear and solar cells or energy converters; and (D) fuel cells.
                                                                                                                                Battery acid-(also know as electrolyte acid). A solution of not more than 47% sulfuric acid in water, suitable for use in storage batteries, which is water-white, odorless, and practically free from iron.
                                                                                                                                  Battery retailer -A person or business location which sells lead-acid batteries to the general public, without restrictions to limit purchases to institutional or industrial clients only.
                                                                                                                                    Battery wholesaler -A person or business location which sells lead-acid batteries directly to battery retailers, to government entities by contract sale, or to large volume users either directly or by contract sale.
                                                                                                                                      EPA-United States Environmental Protection Agency.
                                                                                                                                        Lead-A heavy malleable, ductile, soft, gray, solid, metallic element that is soluble in dilute nitric acid, insoluble in water but dissolves slowly in water containing a weak acid, resists corrosion, impenetrable to radiation. Its atomic number is 82, its atomic weight is 207.2, and its chemical symbol is Pb.
                                                                                                                                          Lead-acid battery -A secondary or storage battery that uses lead as the electrode and dilute sulfuric acid as the electrolyte and is used to generate electrical current.
                                                                                                                                            Storage battery -A secondary battery, so called because the conversion from chemical to electrical energy is reversible and the battery is thus rechargeable. Secondary or storage batteries contain an electrode made of sponge lead and lead dioxide, nickel-iron, nickel-cadmium, silver-zinc, or silver-cadmium. The electrolyte of storage batteries contain lithium, sodium-liquid sulfur or chloride-zinc using titanium electrodes.
                                                                                                                                              Storage cell-An electrolytic cell for generating electric energy, in which the cell, after being discharged, may be restored to a charged condition by sending a current through the cell in a direction opposite to that of the discharging current.
                                                                                                                                                Sulfuric acid-A toxic, strongly corrosive, dense, oily liquid that is colorless to dark brown, depending on purity, and that is miscible with water. It is reactive, will dissolve most metals, and will oxidize, dehydrate, or sulfonate most organic compounds when in its concentrated form. Its chemical symbol is H2S04. Issued in Austin, Texas, on August 30, 1991. TRD-9110688 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 458-7271 Subchapter E. Permit Procedures and Design Criteria Application Review Process. 25 TAC sec.325.93 The Texas Department of Health (department) adopts on an emergency basis an amendment to sec.325.93, under Subchapter E concerning permit procedure and design criteria. Section 325. 93 covers scheduling and preparation for a public hearing. The amendment updates the municipal solid waste management regulations so as to make them consistent with the requirements in Senate Bill 1099, 72nd Legislature, 1991. The bill establishes changes concerning the number of persons required to be notified by mail of any scheduled public hearing on an application for a permit for a solid waste facility, and the way such notifications are to be provided. Mailed notifications will be required regardless of the type of solid waste facility permit being sought. Presently, the requirement for mailed notifications applies only to landfill sites. At the same time, the bill reduces, from three-quarters mile to one-half mile, the distance from the boundaries of a solid waste site, or proposed site, which determine which residents, businesses, and property owners are required to be provided mailed notices of hearings. The amendments are being adopted on an emergency basis because Senate Bill 1099 becomes effective on September 1, 1991. Accordingly, in order for the department to have rules in effect to implement the bill on its effective date, the rules are being adopted on an emergency basis. The amendments also are being proposed for permanent adoption in this issue of the Texas Register. The amendments are being adopted under the Solid Waste Disposal Act, Health and Safety Code, sec.361.024, which provides the Texas Board of Health with the authority to adopt rules to manage and control municipal solid waste; sec.12.001, which provides the Texas Board of Health 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; Senate Bill 1099, 72nd Legislature, 1991, which establishes changes concerning the number of persons required to be notified by mail of any scheduled public hearing on an application for a permit for a solid waste facility, and the way such notifications are to be provided; and Texas Civil Statutes, Article 6252-13a, s5, which provides the Board of Health with authority to adopt rules on an emergency basis. sec.325.93. Scheduling and Preparation for a Public Hearing. (a) -(b) (No change.) (c) Prior to the public hearing for any solid waste management facility,
                                                                                                                                                  [If the public hearing is for a landfill application, then] the applicant is required to mail a notice of the public
                                                                                                                                                    hearing to individuals. The applicant shall notify each residential or business address
                                                                                                                                                      [residence, each business,] and each owner of real property, located within one-half
                                                                                                                                                        [three-fourths of a] mile from the property line of the proposed solid waste management facility
                                                                                                                                                          [landfill] listed in the real property appraisal records of the appraisal district in which the solid waste management facility
                                                                                                                                                            [landfill] is sought to be permitted as of the date the department rules the application for a permit administratively complete. To provide documentation of this date, a letter of administrative completeness will be forwarded to the applicant by the chief of the bureau or his department representatives stating the date that the application was ruled to be administratively complete. This will allow the applicant time to research the real property appraisal records of the appraisal district involved and have a mailing list ready by the date that notices are required to be mailed. The notices shall be deposited with the United States Postal Service not more than 45 days nor less than 30 days before the date of the public hearing. The notices shall be mailed by regular first class
                                                                                                                                                              [certified or registered] mail[, return receipt requested]. [Presumption of appropriate mailing shall be assumed to have been accomplished upon verification by the applicant to the department, unless it is demonstrated by no less than 35% of the affected persons that proper deposit with the United States Postal Service not more than 45 days nor less than 30 days before the date of the hearing was not accomplished.] Within 20 days after [the] mailing of notices, the applicant shall certify to the department that the mailings were deposited with the United States Postal Service as required by this subsection. Acceptance of the certification creates a rebuttable presumption that the applicant has complied with this subsection
                                                                                                                                                                [cause to be delivered to the department all mail return receipts and copies of the lists of names obtained from the real property appraisal records]. (d) (No change.) Issued in Austin, Texas, on August 30, 1991. TRD-9110686 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 458-7271 Subchapter Z. Waste Minimization and Recyclable Materials Management of Lead-Acid Batteries 25 TAC sec.sec.325. 1101-325.1109 The new sections are adopted on an emergency basis under Senate Bill 1340, 72nd Legislature, 1992, which provides the Texas Board of Health with authority to adopt rules concerning the management of lead acid batteries; Texas Civil Statutes, Article 6252-13a, sec.5, which provide the board with authority to adopt rules on an emergency basis; the Health and Safety Code, sec.361.024, which provides the board with authority to adopt rules to manage and control municipal solid waste; 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.325.1101. Purpose.
                                                                                                                                                                  The purpose of the sections in this subchapter is to establish procedures and requirements for the sale and disposal of secondary or storage batteries that are made of a lead-acid combination. sec.325.1102. Applicability. (a) The sections in this subchapter are applicable to persons who are involved in the sale, transportation, collection for recycling, and disposal of lead-acid type storage or secondary batteries regulated by the department pursuant to the Texas Health and Safety Code, sec.sec.361.451-361.470. (b) While these sections are only applicable specifically to lead-acid type storage or secondary batteries, any other type of multi-cell storage or secondary battery, primary battery, nuclear cell, solar cell, or fuel cell should be managed in a similar manner. sec.325.1103. Disposal of Batteries. (a) No person may place a used lead-acid battery in mixed municipal solid waste or discard or otherwise dispose of a lead-acid battery except by delivery to: (1) a battery retailer; (2) a battery wholesaler; (3) a secondary lead smelter; or (4) a collection or recycling facility authorized under the laws of this state or by the Environmental Protection Agency (EPA). (b) A battery retailer shall dispose of used lead-acid batteries only by delivery to: (1) a battery wholesaler or an agent thereof; (2) a secondary lead smelter or an agent thereof; (3) a battery manufacturer for delivery to a secondary lead smelter; or (4) a collection or recycling facility authorized under the laws of this state or by the EPA. sec.325.1104. Retail Sale of Lead-acid Batteries.
                                                                                                                                                                    A battery retailer in Texas shall: (1) accept from the customer, if offered by the customer, at the point of transfer, a used lead-acid battery of the type and in a quantity equal to the number of new lead-acid batteries sold; and (2) post written notice, containing the universal recycling symbol, concerning the sale and disposal of lead-acid batteries. The written notice shall conform to the requirements of sec.325.1106 of this title (relating to Notice Requirements) and shall be provided by the Texas Department of Health (department). sec.325.1105. Wholesale Sale of Lead-acid Batteries.
                                                                                                                                                                      A battery wholesaler in Texas shall: (1) accept from the customer, if offered by the customer, at the point of quantity equal to the number of new lead-acid batteries sold; or (2) if accepting batteries in transfer from a battery retailer or retail facility, remove all used lead-acid batteries from the retail point of collection within 90 days after acceptance; and (3) shall post written notice, containing the universal recycling symbol, concerning the sale and disposal of lead-acid batteries. The notice shall conform to the requirements of s325.1106 of this title (relating to Notice Requirements) and shall be provided by the Texas Department of Health (department). sec.325.1106. Notice Requirements. (a) A battery retailer or wholesaler shall post in a place visible to all customers a conspicuous notice in both English and Spanish containing the universal recycling symbol concerning the sale and disposal of lead-acid batteries. (b) The notice shall be a sign at least 8-1/2 inches by 11 inches in size and shall be provided by the Texas Department of Health, and shall contain the following language: sec.325.1107. Recordkeeping. (a) Battery retailers and battery wholesalers shall, as a minimum, maintain a record of the number of lead-acid batteries that are purchased, the number of lead-acid batteries that are accepted in return for new batteries sold (trade-ins), and the number of lead-acid batteries that are delivered to a disposal facility. (b) The records required under this section shall be maintained on a monthly basis and shall be kept for a period of three years. These records shall be made available to any representative of the Texas Department of Health upon request. sec.325.1108. Inspection of Battery Retailers.
                                                                                                                                                                        A representative of the Texas Department of Health may enter any place, building, or premise of a battery retailer for the purpose of inspecting the facility for compliance with this subchapter. The inspection or investigation will be made only during regular business hours or by appointment for any other time. sec.325.1109. Penalties. (a) It is a violation of this subchapter for a battery retailer or wholesaler to: (1) fail to maintain correct and complete records; (2) fail to comply with the provisions of this subchapter; or (3) fail to comply with written warnings, citations, or directions given by the Bureau of Solid Waste Management, Texas Department of Health. (b) A violation of this subchapter shall be subject to the provisions of sec.325.222 of this title (relating to Enforcement Policy). A battery retailer or wholesaler who violates this subchapter is subject to the assessment of administrative penalties, and/or civil penalties as prescribed by state law. Issued in Austin, Texas, on August 30, 1991. TRD-9110689 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 458-7271 TITLE 28. INSURANCE Part I. State Board of Insurance Chapter 5. Property and Casualty Insurance Subchapter A. Automobile Insurance Miscellaneous Interpretations 28 TAC sec.5.204 The State Board of Insurance adopts on an emergency basis new sec.5.204, concerning a standard proof of liability insurance form to be issued by each motor vehicle liability insurer to each policyholder. An imminent peril to the public welfare and a new requirement of state law require adoption of the new section on an emergency basis in order to provide a standard proof of liability insurance form, which will enable each policyholder to comply with new statutory requirements for owners of vehicles covered by of the Texas Motor Vehicle Safety-Responsibility Act (Texas Civil Statutes, Article 6701h), sec.1A. Amendments to Texas Civil Statutes, Article 6675a-1, require motor vehicle owners covered by the Texas Motor Vehicle Safety-Responsibility Act, sec.1A, to submit with their application for motor vehicle registration, driver's license, and inspection, certain evidence of financial responsibility that is currently valid. The evidences of financial responsibility furnished by a liability insurer are a liability insurance policy, an insurance binder, or a standard proof of liability form promulgated by the Texas Department of Insurance. Because the first two forms of evidence may not necessarily be available to insureds on an immediate basis, and because insureds must have available evidence of coverage on and after September 1, 1991, a need exists to adopt this section on an emergency basis, in order that insurance companies which are in the process of renewing policies of insurance effective September 1, 1991, will have these forms in place by that date. The new section provides that the standard proof of liability insurance forms shall be issued by all liability insurers for motor vehicle policies which become effective on or after September 1, 1991. It also prescribes the minimum information that must appear on the form and the format in which it must be presented. The new section is adopted on an emergency basis under the Insurance Code, Article 1.04, which authorizes the State Board of Insurance to determine policy and rules in accordance with the laws of this state; and under Texas Civil Statutes, Article 6675a-1, sec.2a(d)(2), and Article 6701h, sec.1B, and s1F(f), which require the board to promulgate a standard proof of liability insurance form. sec.5.204. Motor Vehicle Safety-Responsibility.
                                                                                                                                                                          For each motor vehicle insurance policy which becomes effective on or after September 1, 1991, the insurer shall comply with the provisions of paragraphs (1)-(4) of this section. (1) A standard proof of liability insurance form, titled "Texas Liability Insurance Card", shall be issued by each liability insurer. The Texas Liability Insurance Card shall contain all of the following languages as explained in paragraphs (3) and (4) of this section. (2) Side A of the form, shall be written in the English language or, at the option of the insurer, can be written in English and Spanish. It shall be at least 10-point type, except for the language in subparagraph (H) of this paragraph. The entire text shall be in upper and lower case letters. Side A of the form shall include the following: (A) INSURED-name and address of each insured or covered person; (B) VEHICLE-year, make, and model of each covered vehicle; and, at company's option, VIN (NOTE: If the policy does not require the description of a vehicle, then this block should contain the appropriate wording which will describe the types of vehicles for which coverage is afforded-i.e. "any auto driven by the insured," "any auto driven with dealer plates," or similar descriptive language); (C) EFFECTIVE DATE-display effective date of the policy; (D) EXPIRATION DATE-display expiration date of policy; (E) POLICY NUMBER-display number; (F) INSURANCE COMPANY-name and toll-free phone number of insurer, if the insurer is required by statute to maintain a toll-free number for consumer inquiries; (G) AGENT-name and phone number of the agent, if applicable; (H) the following statement: This policy provides at least the minimum amounts of liability insurance required by the Texas Motor Vehicle Safety Responsibility Act for the specified vehicles and named insureds and may provide coverage for other persons and other vehicles as provided by the insurance policy. [graphic] (3) Side B of the form shall be entitled "Texas Liability Insurance Card." (A) Side B shall contain the following language: [graphic] (B) The format explaining when a card may be required cannot be changed. That is, the card shall use bullets (o) and list the places a card might be requested in a vertically descending manner. (C) Side B of the form shall appear in upper and lower case, using at least 10-point type for the text body with at least 12-point type for the heading, "Texas Liability Insurance Card." Bold-faced type shall be used for the heading and first line, reading "Keep this card." Bold-faced capital letters shall be used for the word "IMPORTANT"
                                                                                                                                                                            as it appears on Side B. (4) At its option, the insurer shall comply with at least one subparagraph out of subparagraphs (A)-(D) of this paragraph. (A) provide to the insured a Texas Liability Insurance Card in which the text of Side B is in English and Spanish; (B) provide to the insured two separate cards, one in English, the other with Side B in Spanish; (C) provide to the insured a Texas Liability Insurance Card in English and with that mailing include a notice in Spanish regarding the availability of a Texas Liability Insurance Card in Spanish. The notice shall include all the language required for Side B, in the same manner as required for Side B. The notice shall also inform the insured that the insured can obtain a Spanish Texas Liability Insurance Card by calling the company's toll-free number, the insured's agent, or any other applicable number. This last information shall appear as follows: (D) Provide to the insured a Texas Liability Insurance Card in which the text of both Side A and Side B are in Spanish and English. Issued in Austin, Texas, on August 30, 1991. TRD-9110723 Angelia Johnson Assistant Chief Clerk State Board of Insurance Effective date: August 30, 1991 Expiration date: ? For further information, please call: (512) 463-6327 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 57. Fisheries and Wildlife Commercially Protected Finfish Imported Redfish and Speckled Sea Trout 31 TAC sec.sec.57.371-57.376 The Texas Parks and Wildlife Department adopts on an emergency basis amendments to sec.sec.57.371-57.373 and 57.376 and new sec.57.374 and sec.57.375, concerning the packaging and shipping of commercially protected finfish species. The amendments are proposed to comply with the provisions of House Bill 2494, Acts, 72nd Legislature, which take effect on September 1, 1991. The emergency amendments are necessary in order to protect red drum, spotted sea trout, and other species protected by House Bill 2494 from immediate danger as a result of uncontrolled commercial harvest. The amendments are adopted on an emergency basis under the general procedural authority of the Administrative Procedure and Texas Register Act, sec.5(d) and the Texas Parks and Wildlife Code, sec.12.027, which sets out criteria for declaring an emergency. The substantive authority to regulate the subject matter of commercially protected finfish originates in the Texas Parks and Wildlife Code, sec.66.020, as amended by House Bill 2494. sec.57.371. Commercially Protected Finfish [Finfish Import License.] The following species are commercial protected finfish. [graphic] [A Texas finfish import license is required of any person importing for sale, transporting for sale, or selling for resale, dead redfish (also known as red drum) or speckled sea trout (also known as spotted sea trout) taken, caught, or raised in any other state or country.] sec.57.372. Packaging Requirements. (a)-(b) (No change.) (c) Each packaged shipment of redfish (also known as red drum) and speckled sea trout (also known as spotted sea trout) shall be accompanied by an interstate Texas finfish import invoice or an intrastate Texas finfish import invoice (Figure 1)
                                                                                                                                                                              . (d) An interstate Texas finfish import invoice shall: (1) accompany all shipments of redfish (also known as red drum) and speckled sea trout (also known spotted sea trout) entering the state [for distribution within the state]; (2) contain all of the following information, correctly stated and legibly written: (A)-(D) (No change.) (E) shipper's and
                                                                                                                                                                                receiver's Texas finfish import license number when required
                                                                                                                                                                                  ; (F)-(G) (No change.) (3)-(4) (No change.) (e) An intrastate Texas finfish import invoice shall: (1)-(2) (No change.) (3) be submitted in the following form, with an "X" placed in the INTRASTATE
                                                                                                                                                                                    box for shipments originating inside
                                                                                                                                                                                      [outside] Texas: [graphic] (4) (No change.) (f) (No change.) sec.57.373. Package Contents' Identification. (a) (No change.) (b) The package contents' identifier shall be placed on the outside of each package and shall contain all of the following information, correctly stated and legibly written: (1) (No change.) (2) the
                                                                                                                                                                                        number , kind
                                                                                                                                                                                          and weight of whole fish or fillets by species contained in each package; (3)-(5) (No change.) sec.57.374. Delegation of Authority.
                                                                                                                                                                                            Authority is hereby delegated to the executive director to change or prescribe the format in which invoice and label information are to be submitted to the department and to require additional information. sec.57.375. Exclusive Economic Zone Regulations.
                                                                                                                                                                                              A commercially protected finfish lawfully taken or raised for commercial purposes in the exclusive economic zone (EEZ) under the authority of a federal fishery management plan or federal permit may be transported into this state by the harvesting vessel. These commercially protected finish may only be unloaded to the holder of a Texas finfish import license. sec.57.376. Importation of Other Protected Finfish [Penalty for Violation]. All other commercially protected finfish (other than redfish and speckled sea trout) must be imported under the authority of a Texas finfish import license and must be documented to verify the imported finfish are from a lawful source. [Failure to comply with any provision of these rules shall be a Class A misdemeanor, as provided in the Texas Parks and Wildlife Code, sec.66. 201(h).] Issued in Austin, Texas, on August 30, 1991. TRD-9110659 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: August 30, 1991 Expiration date: December 28, 1991 For further information, please call: 1-800-792-1112, ext. 4863 or (512) 389-4863 Imported Redfish and Speckled Sea Trout 31 TAC sec.57.374, sec.57.375 The Texas Parks and Wildlife Department adopts on an emergency basis the repeal of sec.57.374 and sec.57.375, concerning regulation of the packaging and shipping of commercially protected finfish species. The 72nd Legislature in House Bill 2494 expanded the agency's regulatory authority over finfish and the repeal is made to comply with its provisions. Simultaneously with the repeal of these sections, new sec.57.374 and sec.57.375 are being adopted on an emergency basis. The repeals are adopted on an emergency basis under the general procedural authority of the Administrative Procedures and Texas Register Act, sec.5(d), and the Texas Parks and Wildlife Code, sec.12.027, which sets out criteria for declaring an emergency. The substantive authority to regulate the subject matter of commercially protected finfish originates in the Texas Parks and Wildlife Code, sec.66.020 as amended by House Bill 2494. sec.57.374. Marking of Vehicles. sec.57.375. Delegation of Authority. Issued in Austin, Texas, on August 30, 1991. TRD-9110770 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: August 30, 1991 Expiration date: December 28, 1991 For further information, please call: (512) 389-4867 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 33. Early and Periodic Screening, Diagnosis, and Treatment The Texas Department of Human Services (DHS) adopts on an emergency basis the repeal of sec.33.124 and amendments to sec.sec.33. 13, 33.122, 33.306, 33.318, and 33.320, concerning periodicity, legal base, exceptions to periodicity, who is eligible, interrupted or incomplete treatment plans, and dental problems discovered by utilization review dentists. The purpose of the repeal and amendments is to comply with House Bill 1367 passed in the regular session of the 72nd Texas Legislature, 1991. The repeal and amendments revise the early and periodic screening, diagnosis, and treatment (EPSDT) medical screening periodicity schedule to conform with the frequency recommended by the American Academy of Pediatrics. The amendments allow for medically necessary medical screens to be performed without prior approval outside the periodicity schedule. The amendments also allow payment without prior authorization for medically necessary exceptions to the dental periodicity schedule and for exceptions to medical screening and dental periodicity schedules when necessary to meet federal and state requirements. DHS adopts the repeal and amendments on an emergency basis to conform to the mandates of the 72nd Texas Legislature. DHS is simultaneously proposing this action for public comment in this issue of the Texas Register. Subchapter B. Penalties Subchapter B Sbu 40 TAC sec.33.13 The amendment is adopted on an emergency basis under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. sec.33.13. Legal Base.
                                                                                                                                                                                                DHS must provide required early and periodic screening diagnosis, and treatment (EPSDT) screening and treatment services to eligible families or recipients who request these services. The periodicity schedule determines when specified screening services are delivered. DHS must provide any EPSDT services requested by the recipient according to periodic eligibility for service and when medically necessary
                                                                                                                                                                                                  . Issued in Austin, Texas, on August 29, 1991. TRD-9110604 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 450-3765 Subchapter I. Periodicity 40 TAC sec.33.122 The amendment is adopted on an emergency basis under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. sec.33.122. Periodicity. (a) (No change.) (b) Medical screening services are available once at each of the following time periods: (1) newborn inpatient examination
                                                                                                                                                                                                    [first month life (neonatal)]; (2) one month
                                                                                                                                                                                                      [two months]; (3) two
                                                                                                                                                                                                        [four] months; (4) four
                                                                                                                                                                                                          [six] months; (5) six months
                                                                                                                                                                                                            [12 months through 15 months]; (6) nine months
                                                                                                                                                                                                              [18 months]; (7) 12 months
                                                                                                                                                                                                                [two years through three years]; (8) 15 months
                                                                                                                                                                                                                  [four years through five years]; (9) 18 months
                                                                                                                                                                                                                    [six years through 10 years]; (10) two years
                                                                                                                                                                                                                      [11 years through 15 years]; (11) three years
                                                                                                                                                                                                                        [16 years through 20 years]; (12) four years; (13) five years; (14) six years through seven years; (15) eight years through nine years; (16) 10 years through 11 years; (17) 12 years through 13 years; (18) 14 years through 15 years; (19) 16 years through 17 years; (20) 18 years through 19 years; (21) 20 years. (c) (No change.) Issued in Austin, Texas, on August 29, 1991 TRD-9110605 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 450-3765 40 TAC sec.33.124 The repeal is adopted on an emergency basis under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. sec.33.124. Exceptions to Periodicity. Issued in Austin, Texas, on August 29, 1991. TRD-9110606 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 450-3765 Subchapter R. Dental Services 40 TAC sec.sec.33. 306, 33.318, 33.320 The amendments are adopted on an emergency basis under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. sec.33.306. Who is Eligible.
                                                                                                                                                                                                                          To be eligible for early and periodic screening, diagnosis, and treatment dental services, a person must: (1) have a current Texas medical care identification [card] that indicates Medicaid
                                                                                                                                                                                                                            eligibility ,
                                                                                                                                                                                                                              [for EPSDT dental services by a "Y" in the dental blank,] or have
                                                                                                                                                                                                                                [by] a Medicaid verification letter [, or by an approved exception to periodicity form if the Texas medical care identification card indicates "N" or "P" for EPSDT dental services]; (2) (No change.) sec.33.318. Interrupted or Incomplete Treatment Plans. (a)-(c) (No change.) (d) If the recipient selects a different provider and the prior authorized
                                                                                                                                                                                                                                  treatment is incomplete, the new provider must obtain [an exception to periodicity and] prior authorization for the services. The new
                                                                                                                                                                                                                                    provider must indicate that the treatment was interrupted or incomplete on the prior authorization form. After receiving NHIC's approval, the new provider may complete the
                                                                                                                                                                                                                                      work [may be completed]. sec.33.320. Dental Problems Discovered by Utilization Review Dentist. If a utilization review dentist finds an obvious need for dental care although no absence of service was found, the provider should write "discovered by utilization review" at the top of the invoice claim when submitting it for prior authorization and/or payment for recipients not eligible for dental services. If procedure codes require x-rays, the x-rays must also be submitted. [(a) If a utilization review dentist finds an obvious need for dental care although no absence of service was found, the dentist may request an exception to periodicity form from the DHS caseworker. [(b) The exception to periodicity form should have printed or typed across the top "discovered by utilization review." The form is then submitted to the DHS state office. [(c) State office will grant special approval if the recipient is still eligible for EPSDT Medicaid. If this exception for periodicity is approved, the recipient may go to the provider for treatment. [(d) The provider is responsible for attaching a copy of the exception to periodicity to a request for prior authorization to complete services. If procedure codes require x-rays, the x-rays must also be submitted. In addition, the provider should write "discovered by utilization review" at the top of the invoice claim when submitting it for prior authorization.] Issued in Austin, Texas, on August 29, 1991. TRD-9110607 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 1, 1991 Expiration date: December 30, 1991 For further information, please call: (512) 450-3765 Part V. Veterans Land Board Chapter 175. General Rules 40 TAC sec.175.17 The Veterans Land Board adopts on an emergency basis an amendment to sec.175. 17, concerning fees and deposits. The amendment will authorize the collection of a $25 returned check fee. The section is adopted on an emergency basis to defray the cost of processing returned checks. By passing the cost of processing returned checks to those responsible for such checks, there will be a cost savings to the veterans land program. The amendment would also incorporate the existing application, bid, and mineral lease assignment fees into the rules of the board. The amendment is adopted on an emergency basis under the provisions of the Natural Resources Code, sec.161.061 and sec.161.063, which authorizes the Veterans Land Board to adopt rules that it considers necessary or advisable to ensure the proper administration of the Veterans Land Program. sec.175.17. Fees and Deposits.
                                                                                                                                                                                                                                        In addition to the fees cited in this chapter, the board is authorized and required to collect the following fees when they are applicable: (1)-(10) (No change.) (11) returned check fee-$25
                                                                                                                                                                                                                                          [$15]; (12) application packet fee -$25; (13) forfeited land sale bid fee-$25; (14) mineral lease assignment fee-$25. Issued in Austin, Texas, on August 28, 1991. TRD-9110577 Garry Mauro Chairman Veterans Land Board Effective date: August 28, 1991 Expiration date: December 26, 1991 For further information, please call: (512) 463-5394 TITLE 43. TRANSPORTATION Part I. State Department of Highways and Public Transportation Chapter 9. Construction and Contract Administration Division Emergency Contract Procedures 43 TAC sec.sec.9.20-9.22 The State Department of Highways and Public Transportation adopts on an emergency basis new sec.sec.9.20-9.22, concerning emergency contract procedures. The new sections authorize the department to implement procedures designed to expedite the award of highway improvement contracts to meet emergency conditions in which essential corrective or preventive action would be unreasonably hampered or delayed by compliance with other laws. Texas Civil Statutes, Article 6674h-2, authorizes the department to award a highway improvement contract in accordance with administrative rules promulgated by the State Highway and Public Transportation Commission. The new sections establish contract procedures relating to the certification of the emergency, contractor eligibility, notification of prospective bidders, bidding requirements, letting procedures, contract form and content, and reports to the commission. Adoption on an emergency basis is necessary in order to implement the requirements of Texas Civil Statutes, Article 6674h-2, which are intended to prevent imminent harm to the safety, health, and welfare of the traveling public. The emergency section is adopted under Texas Civil Statutes, Articles 6666 and 6674h-2, which provide the State Highway and Public Transportation Commission with the authority to establish rules and regulations for the conduct of the work of the State Department of Highways and Public Transportation; and specifically to establish rules for the expedited award of highway improvement contracts to meet emergency conditions in which essential corrective or preventive action would be unreasonably hampered or delayed by compliance with other laws. sec.9.20. Purpose.
                                                                                                                                                                                                                                            In accordance with Texas Civil Statutes, Article 6674h-2, the State Department of Highways and Public Transportation is authorized under certain conditions to award highway improvement contracts in cases of emergency. The sections under this undesignated head provide for an alternate procedure for the expedited award of highway improvement contracts to meet emergency conditions in which essential corrective or preventive action would be unreasonably hampered or delayed by compliance with other laws, sec. s9. 1-9.3, 11.31, or other sections of Part I of this title. sec.9.21. Definitions.
                                                                                                                                                                                                                                              The following words and terms, when used in the sections under this undesignated head, shall have the following meanings, unless the context clearly indicates otherwise.
                                                                                                                                                                                                                                                Commission-The State Highway and Public Transportation Commission.
                                                                                                                                                                                                                                                  Department-The State Department of Highways and Public Transportation.
                                                                                                                                                                                                                                                    Deputy engineer-director -The Deputy State Engineer-Director for Highways and Public Transportation.
                                                                                                                                                                                                                                                      District engineer -The chief executive officer in each of the designated district offices of the department.
                                                                                                                                                                                                                                                        Emergency-Any situation or condition of a designated state highway, resulting from a natural or man-made cause, which poses an imminent threat to life or property of the travelling public or which substantially disrupts the orderly flow of traffic and commerce.
                                                                                                                                                                                                                                                          Engineer-director-The State Engineer-Director for Highways and Public Transportation.
                                                                                                                                                                                                                                                            Highway improvement contract-Any contract let by the State Department of Highways and Public Transportation for the construction, reconstruction, repair, or maintenance of a designated state highway or any part of such highway facility. sec.9.22. Contract Procedures. (a) Certification of emergency. (1) A district engineer who identifies an emergency situation in the geographic area under his jurisdiction and determines that expedited action is required shall immediately notify the engineer-director or his designee to describe the fact and nature of the emergency. Upon receiving authorization to proceed, the district engineer may initiate procedures for the award of an emergency contract. All such notification will be documented in writing. (2) Examples of types of work which may qualify for emergency contracts include but are not limited to emergency repair or reconstruction of streets, roads, highways, and bridges; clearing debris or deposits from the roadway or in drainage courses within the right of way; removal of hazardous materials; restoration of stream channels outside the right of way in certain conditions; temporary traffic operations; and mowing to eliminate safety hazards; provided, however, that in each instance, the proposed work must satisfy the requisites of emergency as defined in s9.21 of this title (relating to Definitions). (3) Before the contract is awarded, the engineer-director or his designee not below the level of deputy engineer-director must certify in writing the fact and nature of the emergency giving rise to the award. (b) Contractor eligibility. To be eligible to bid on an emergency project, a contractor must be included in the department's list of prequalified bidders pursuant to sec.9.1 of this title (relating to Prequalification of Contractors) or must complete a bidder's questionnaire in a form prescribed by the department. (c) Notification of prospective bidders. (1) After an emergency is certified, the district engineer will review the department's file of eligible bidders and, if there is a sufficient number of firms, notify at least three of the proposed emergency contractors. (2) Consistent with and contingent upon the nature of the emergency, the district engineer may contact prospective bidders by telephone, letter, telefacsimile, or other appropriate form of communication. (3) The district engineer will inform each prospective bidder of the nature of the emergency and furnish specifications for the remedy, including time constraints, bonding and insurance requirements, and any additional information needed for the prospective bidder to prepare a work plan and calculate the cost. (4) If no eligible contractor is able to provide the required type of service, the district engineer may take any measure necessary to identify and locate an available contractor who is able to provide the required service. If selected, the prospective contractor thus identified must complete the bidder's questionnaire prior to final approval of the award. (d) Bidding requirements. (1) A prospective bidder's response must be in writing and must include: (A) a price for performing the work; and (B) a response to each item in the district engineer's specifications if the price is based on other than unit price. (2) If the district engineer so authorizes, the prospective bidder may submit an oral bid which must be confirmed in writing within 24 hours. (e) Letting procedures. (1) The district engineer will review the bids and, if awarded, shall award the contract to the best bidder and document the basis for the award. As used in this subsection, the best bidder is that firm best able to respond to the emergency in a timely manner and fulfill the state's priority needs as determined by the district engineer. (2) Each bidder will be notified as soon as possible after the award is made, with written confirmation to follow. (f) Contract. (1) The department shall prescribe the form of the emergency contract and may include therein such matters and specifications as it deems advantageous to the state, including, but not limited to, provisions which address the specifications for completion of work, cost to perform the work, the basis for payment, time period needed to complete the work, control of work, insurance and bonding requirements, and any general or special conditions mutually agreed upon by the department and the contractor. (2) Each such contract shall be made in the name of the State of Texas, signed by the engineer-director or his designee not below the level of district engineer on behalf of the department, and signed by the contracting party. (3) The contractor must furnish satisfactory proof of insurance and bonds before any work is performed. (4) The contract must be fully executed before any work is begun. (5) The certification required in subsection (a) of this section must be attached to the contract. (g) If the district engineer determines that the magnitude and extremity of the emergency require instantaneous action by the contractor in order to alleviate an immediate detrimental impact on public health and safety, and the engineer-director has so noted in the certification of the emergency, the following exceptions are permitted. (1) The district engineer may authorize the contractor to begin work without a signed contract, provided that the contract must be signed within 24 hours after work begins; the district engineer may authorize the contractor to begin work without bonds and proof of insurance, provided that they must be furnished not more than three days after work begins. (2) The engineer-director or deputy engineer-director may authorize the waiving of bonds or insurance requirements if it is determined that such requirements cannot be met prior to completion of the work or would prevent the timely performance of work to the detriment of public health, safety, or welfare. (h) Reports to the commission. Not later than 24 hours after the contract is awarded, the district engineer shall notify the engineer-director of the award of the emergency contract. Not later than the fifth working day following the date on which the contract is awarded, the engineer-director shall furnish each member of the commission written notification of the details of the emergency conditions and the award. Issued in Austin, Texas, on August 30, 1991. TRD-9110694 Diane L. Northam Legal Administrative Assistant State Department of Highways and Public Transportation Effective date: August 30, 1991 Expiration date: December 29, 1991 For further information, please call: (512) 463-8630 Chapter 17. Division of Motor Vehicles Dealers and Manufacturers Vehicle License Plates 43 TAC sec.17.69 The State Department of Highways and Public Transportation adopts on an emergency basis an amendment to sec.17.69 concerning established and permanent place of business. The amendment allows a motor vehicle dealer's display area to be located on a right-of-way provided the governing body having jurisdiction of the area consents to such use or the area is leased under Texas Civil Statutes, Article 6673a-3. Adoption on an emergency basis is necessary because of the legislative intent expressed in Section 4 of Senate Bill 352, 72nd Legislature, Regular Session, 1991, and reinforced in the current session, which urged and made further provision for enhancing revenue for the department; to gain that revenue at the earliest possible date to expedite the state's recovery from the current fiscal crisis; to assist the business community in expediting its recovery from current depressed market condition; and to avoid continuing harm to the public welfare. The emergency amendment is adopted under Texas Civil Statutes, Articles 6666 and 6686, which provide the State Highway and Public Transportation Commission with the authority to establish rules for the conduct of the work of the State Department of Highways and Public Transportation; and specifically for the orderly administration of statutory provisions relating to dealers and manufacturers. sec.17.69. Established and Permanent Place of Business.
                                                                                                                                                                                                                                                              A dealer must meet the following requirements at each location where vehicles are sold or offered for sale. (1)-(2) (No change.) (3) Display space requirements. (A) (No change.) (B) The display area may not be on a public easement, right-of-way, or driveway, unless the governing body having jurisdiction of the easement, right-of-way, or driveway expressly consents to such use; provided, however, that if the easement, right-of-way, or driveway is a part of the state highway system, such use may only be authorized by a lease agreement entered under Texas Civil Statutes, Article 6673a-3
                                                                                                                                                                                                                                                                . Such area shall be located at the dealer's address or contiguous with the dealer's address. The display area must be owned or leased for the exclusive use by the dealer for a continuous term of not less than one year. If the display area is in conjunction with other parking facilities, such area shall be separated by use of barriers under the control of the dealer so as to prevent its use for any purpose other than a display area. Subject to approval by the department, the display area may be located within a building. (4) (No change.) Issued in Austin, Texas, on August 30, 1991. TRD-9110695 Diane L. Northam Legal Administrative Assistant State Department of Highways and Public Transportation Effective date: August 30, 1991 Expiration date: December 29, 1991 For further information, please call: (512) 463-8630 Chapter 21. Right of Way Division Control of Outdoor Advertising Signs 43 TAC sec.21.149 The State Department of Highways and Public Transportation adopts on an emergency basis the repeal of sec.21.149, concerning licenses. Repeal of this section is necessary due to the contemporaneous emergency adoption of new sec.21. 149, which incorporates certain of the repealed provisions in an amended form and also includes update requirements. Adoption on an emergency basis is necessary due to the recent passage of Senate Bill 518, 72nd Legislature 1991, to become effective September 1, 1991, which provides for outdoor advertising fees and for issuing outdoor advertising licenses for a period of one year or longer, and in order to avoid severe detrimental effects on the sign industry, Texas' economy, and the public welfare. The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 6666, which provide the State Highway and Public Transportation Commission with the authority to establish rules for the conduct of the work of the State Department of Highways and Public Transportation, and Texas Civil Statutes, Article 4477-9a, which provide the commission with the authority to adopt rules to regulate the orderly and effective display of outdoor advertising signs. sec.21.149. Licenses. Issued in Austin, Texas, on August 29, 1991. TRD-9110624 Diane L. Northam Legal Administrative Assistant State Department of Highways and Public Transportation Effective date: August 29, 1991 Expiration date: December 27, 1991 For further information, please call: (512) 463-8630 The State Department of Highways and Public Transportation adopts on an emergency basis new sec.21.149, concerning licenses for outdoor advertising signs. This new section replaces existing sec.21.149 which is simultaneously being repealed on an emergency basis. New sec.21.149 provides for an initial license fee of $125 for one year and an annual license renewal fee of $60 for each license. The section sets a deadline date of January 1, 1992 for renewing licenses issued prior to January 1, 1991, and also allows for the issuance of licenses for one year or longer. Adoption on an emergency basis is necessary due to the recent passage of Senate Bill 518, 72nd Legislature 1991, to become effective September 1, 1991, which authorizes the State Highway and Public Transportation Commission to determine license and permit fees in an amount to cover but not exceed the costs of administering the outdoor advertising sign control program, and provides for issuing outdoor advertising licenses for period of one year or longer. Adoption on an emergency basis is also necessary to avoid severe detrimental effects on the sign industry, Texas' economy, and the public welfare. The new section is adopted on an emergency basis under Texas Civil Statutes, Article 6666, which provide the State Highway and Public Transportation Commission with the authority to establish rules for the conduct of the work of the State Department of Highways and Public Transportation, and Texas Civil Statutes, Article 4477-9a, which provide the commission with the authority to adopt rules to regulate the orderly and effective display of outdoor advertising signs. sec.21.149. Licenses. (a) Application and issuance. (1) Except as provided in sec.21.147 of this title (relating to Exempt Signs) a sign owner or sign lessee may not erect or maintain a sign as required in sec.21.146 of this title (relating to Sign Controlled) until the owner or lessee has obtained a license covering the county in which the sign is to be erected or maintained. An applicant for a license must file an application in a form prescribed by the department, which shall include, but not be limited to: (A) the complete name, mailing address, and telephone number of the applicant; (B) the area to be authorized by the license, which may be one, two, or three named counties, or the entire state; and (C) such additional information as the department deems necessary. (2) The application must be signed under oath by the applicant and filed with the state right-of-way engineer in Austin, and shall be accompanied by: (A) an outdoor advertisers surety bond: (i)
                                                                                                                                                                                                                                                                  in the amount of $2,500 each county up to a total amount of $10, 000; (ii)
                                                                                                                                                                                                                                                                    payable to the commission to reimburse it for removal costs of a sign the licensee unlawfully erects or maintains; (iii)
                                                                                                                                                                                                                                                                      in a form prescribed by the department, executed by a surety company authorized to transact the business of surety insurance in Texas, and such form shall include, but not be limited to: (I) the complete name, mailing address, and telephone number of the applicant; (II) the bond number assigned by the surety company; (III) the amount of coverage provided by the surety company; (IV) the effective date of the bond; and (V) such additional information as the department deems necessary; (B) a duly certified power of attorney from the surety company authorizing the surety company representative to execute the bond on the effective date of the bond; and (C) the prescribe license fee. (3) An outdoor advertising license may not be issued to or be held by a corporation or a limited partnership unless the corporation or limited partnership is authorized by the secretary of state to conduct business in the State of Texas. (b) Renewals. (1) An outdoor advertising license issued or renewed under this section shall be valid for a period of one year. (2) An outdoor advertising license issued by the department prior to January 1, 1991 must be renewed no later than January 1, 1992. (3) An outdoor advertising license issued subsequent to January 1, 1991 must be renewed no later than one year from the date the license was issued. (4) To renew an outdoor advertising license under this subsection, a licensee must file with the state right-of-way engineer in Austin, a written request in a form prescribed by the department, together with the prescribed renewal fee an a certification from the surety company that the bond is in force. (c) Fees. (1) For an outdoor advertising license issued pursuant to this section: (A) the original fee is $125 for each license; and (B) the annual renewal fee is $60 for each license. (2) A fee prescribed in this subsection is payable by check or cashier's check or money order payable to the Texas highway beautification fund, and is nonrefundable. (d) Revocation or suspension. A license is subject to revocation and suspension if: (1) a valid outdoor advertising surety bond is not continuously maintained during that period; (2) the licensee violates one or more applicable provisions of this undesignated head or Texas Civil Statutes, Article 4477-9a; or (3) the check or money order submitted in payment of the license or the license renewal fee is dishonored upon presentment by the department. Issued in Austin, Texas, on August 29, 1991. TRD-9110623 Diane L. Northam Legal Administrative Assistant State Department of Highways and Public Transportation Effective date: August 29, 1991 Expiration date: December 27, 1991 For further information, please call: (512) 463-8630 Control of Outdoor Advertising Signs 43 TAC sec.21.150 The State Department of Highways and Public Transportation adopts on an emergency basis an amendment to new sec.21.150, concerning permits for outdoor advertising sign which was adopted on an emergency basis in the June 14, 1991, issue of the Texas Register (16 TexReg 3236). Section 21.150(c)(3) is amended by changing the date of September 6, 1985 to read September 5, 1985. The original emergency new section inadvertently stated that an annual permit issued subsequent to September 6, 1985 must be renewed prior to the expiration of that permit, but the applicable period should be subsequent to September 5, 1985 in order to avoid a vacancy in the coverage of the section. New subsection (d) is being added which relates to refunds and prorated renewal fees for outdoor advertising sign permits. This new subsection is necessary due to the recent passage of Senate Bill 518, 72nd Legislature 1991, to become effective September 1, 1991, which specifies that renewal fees paid in advance of September 1, 1991 be refunded or prorated. Adoption on an emergency basis is necessary in order to meet the requirements and legislative intent of Senate Bill 518 and in order to avoid severe detrimental effects on the sign industry, Texas' economy, and the public welfare. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 6666, which provide the State Highway and Public Transportation Commission with the authority to establish rules for the conduct of the work of the State Department of Highways and Public Transportation, and Texas Civil Statutes, Article 4477-9a, which provide the commission with the authority to adopt rules to regulate the orderly and effective display of outdoor advertising signs. sec.21.150. Permits. (a) Eligibility. A permit under this section may only be issued to a sign owner holding a valid license issued pursuant to sec.21.149 of this title (relating to Licenses). (b) Application and issuance. (1) Except as provided in sec.21.151 of this title (relating to Local Control) a sign owner who desires a permit to erect or maintain a sign as required in sec.21.146 of this title (relating to Sign Controlled), must file an application in a form prescribed by the department, which shall include, but not be limited to: (A) the name and address of the applicant; (B) proposed location and description of the sign; (C) name and address of the site owner; (D) indication that the site owner has consented to the erection of the sign; and (E) such additional information as the department deems necessary. (2) The application must be signed under oath by the sign owner and filed with the district engineer in whose district the sign is to be erected or maintained, and shall be accompanied by the prescribed fee or fees. (3) An application will not be approved unless the sign for which the permit is request meets all applicable requirements of the sections under this undesignated head. (4) If approved, a copy of the application, endorsed by the district engineer, and a Texas sign permit plate will be issued to the applicant. Not later than 30 days after erection of the permitted sign, the sign owner shall cause the permit plate to be securely attached to that portion of the sign structure nearest the highway and visible from the main traveled way. (c) Renewals. (1) Subject to the terms and location stated in the permit application, a permit issued or renewed under this section shall be valid for a period of one year, provided that the sign is erected and maintained in accordance with the applicable sections under this undesignated head. (2) A permit issued by the department prior to September 6, 1985 must be renewed no later than October 1, 1991. (3) An annual permit issued subsequent to September 5
                                                                                                                                                                                                                                                                        [6], 1985 must be renewed prior to the expiration date of that permit. (4) To renew a permit issued subsection a permit holder must file with the district engineer a written request in a form prescribed by the department, together with the prescribed renewal fee; and further provided that the sign continues to meet all applicable requirements. (d) Refunds and Prorations. (1) All payments not in accordance with the fees described in subsection (g) of this section which were received after September 5, 1985 and before September 1, 1991 for renewals of permits issued by the department prior to September 6, 1985 will be refunded. This refund does not release the current owner of an advertising sign from complying with the renewal provisions prescribed in subsection (c) of this section. (2) All payments for renewal of annual permits due subsequent to September 1, 1990 that were in excess of the fees described in subsection (g) of this section, will be prorated to provide credit for subsequent renewals of the applicable permit. The credit shall be equal to the product of the amount which is in excess of the fee which would be assessed under subsection (g) of this section, multiplied by a fraction, the numerator of which is equal to the number of days from September 1, 1991 remaining for which the permit is valid, and the denominator of which is equal to 365 days; provided, however, this amount will be refunded if requested by the permit holder for the permit or the amount will be refunded if deemed appropriate by the department. (e)
                                                                                                                                                                                                                                                                          [(d)] Transfer. (1) A permit may only be assigned or transferred with the written approval of the district engineer. At the time of the transfer, both the transferor and the transferee must hold a valid outdoor advertising license issued pursuant to sec.21.149 of this title (relating to Licenses). (2) The holder of a permit or permits who desires to transfer one or more permits must file with the district engineer a request in a form prescribed by the department together with the prescribed transfer fee. The transferor and transferee will each be issued a copy of the approved permit transfer form. (f)
                                                                                                                                                                                                                                                                            [(e)] Replacement. In the event a permit plate is lost or stolen, is missing from the sign structure, or becomes illegible, the sign owner must submit to the district engineer a request for a replacement plate in a form prescribed by the department, together with the prescribed replacement fee. (g)
                                                                                                                                                                                                                                                                              [(f)] Fees. (1) For a permit issued pursuant to this section: (A) the original fee is $96 for each sign; (B) the annual renewal fee is $40; (C) the transfer fee for one or more permits transferred in a single transaction is $25 per permit or a total of $2,500, whichever is less; and (D) the replacement fee is $25. (2) A fee prescribed in this subsection is payable by check, cashier's check, or money order, and is nonrefundable. (h)
                                                                                                                                                                                                                                                                                [(g)] Expiration or cancellation. A permit issued pursuant to this section will be cancelled if the sign subject to the permit is acquired by the state, is removed, or is not maintained in accordance with applicable sections under this undesignated head. (i)
                                                                                                                                                                                                                                                                                  [(h)] Removal. If a permit expires without renewal, is cancelled without reinstatement, or if a sign other than an exempt sign is erected or maintained without a permit, the owner of the involved sign and sign structure shall, upon written notification by the district engineer, effect their removal at no cost to the state. Issued in Austin, Texas, on August 29, 1991. TRD-9110625 Diane L. Northam Legal Administrative Assistant State Department of Highways and Public Transportation Effective date: August 29, 1991 Expiration date: October 3, 1991 For further information, please call: (512) 463-8630 State Board of Insurance Exempt Filing Notification Pursuant to the Texas Insurance Code, Chapter 5, Subchapter L The State Board of Insurance in a public meeting on August 28, 1991, approved extension of the effectiveness of adoption on an emergency basis of amendments to Parts One and Two and the associated retrospective endorsements in the Texas Retrospective Rating Plan Manual. Notification of the original adoption, effective May 1, 1991, of these amendments on an emergency basis appeared in the May 14, 1991, issue of the Texas Register
                                                                                                                                                                                                                                                                                    (16 TexReg 2661) and notification of additional amendments appeared in the July 16, 1991, issue (16 TexReg 3950). The amendments to Part One pertain to the Large Risk Alternative Rating Option and amend the emergency rules as originally adopted by indicating that the only allowable method for collecting the applicable Texas Workers' Compensation (WC) Residual Market Premium (RMP) shall be through the Texas WC Residual Market Factor (RMF) determined in accordance with Part Two Section I.B. 8. The amended rule also indicates the residual market costs cannot be included in any other rating plan factors negotiated between the carrier and the insured. However, the RMF used in all retrospective premium adjustments shall not exceed the actual RMF determined by the State Board of Insurance (SBI). Any amount of RMP in excess of the actual RMP as produced by applying the RMF determined by the SBI shall be refunded to the insured. The eligibility requirements for the Large Risk Alternative Rating Option were amended to make this option available for risks with either an estimated annual workers' compensation standard premium in excess of $350,000 in all states subject to interstate retrospective rating or an estimated annual workers' compensation premium in excess of $100,000 on an intrastate basis. The amendments to Part Two indicate that for insureds written under any Retrospective Rating Plan the residual market premium may be added to the retrospective premium calculated in accordance with the formula set forth in the rules. The actual RMF as determined by the SBI shall be calculated either by dividing the actual assessed Texas WC residual market deficit by the Texas WC voluntary written premium for the year to which the deficit assessment relates or by any other formula adopted by the SBI. Endorsement WC 42 05 15 was amended to reflect the proposed methodology to calculate the RMP. In addition, endorsement WC 42 05 18 was adopted for risks written under the Large Risk Alternative Rating Option. The effectiveness of these emergency amendments is extended for 60 days effective 11:59 p.m. August 28, 1991. The Board adopted the amended rules and forms under the authority and jurisdiction of the Insurance Code, Articles 5.55, 5.62, 5.77, 5.78, 5.79, and 5. 96 and on an emergency basis as provided in Article 5.96(i). This notification is made pursuant to the Insurance Code, Article 5.97, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. Issued in Austin, Texas, on August 28, 1991. TRD-9110579 Nicholas Murphy Chief Clerk State Board of Insurance Effective date: August 28, 1991 Expiration date: October 27, 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 V. State Purchasing and General Services Commission Part 113. Central Purchasing Division Purchasing 1 TAC sec.113.6, sec.113.10 The State Purchasing and General Services Commission proposes amendments to sec.113.6 and sec.113.10, concerning preferences for certain products. Section 113. 6 requires the purchase of products made of recycled materials if the cost does not exceed the bid cost of alternative products by more than the percentage set forth in the specifications, if the product meets state specifications as to quantity and quality. Section 113.10 gives preferences to motor oil and lubricants that contain at least 25% recycled oil, the cost to the state and the quality being comparable to new oil and lubricants. Ron Artnett, director for purchasing, 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. Arnett 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 waste minimization corresponding with increased demand for recycling practices and recycled products. 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 Judith Monaco Porras, General Counsel, State Purchasing and General Services Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments must be received no later than 30 days from the date of publication in the Texas Register. The amendments are proposed under Texas Civil Statutes, Article 601b, sec.3.01, which provide the State Purchasing General Services Commission with the authority to promulgate rules necessary to accomplish the purpose of Article 3. sec.113.6. Bid Evaluation and Award, Conditions Applicable to Both Open Market and Contract. (a) (No change.) (b) Award. (1)-(7) (No change.) (8) For the purpose of implementing Senate Bill 1340, sec.16, 72nd Legislature, 1991, the commission shall give preference to a product made of recycled materials if the product meets state specifications as to quantity and quality and if the bid price does not exceed the bid price of products without recycled materials by more than the percentage stated in the specifications. The applicable percentage shall be based upon the state's experienced costs in disposing of waste products and other factors determined by the commission to reflect total cost of the products to the state. (c) (No change.) sec.113.10. Delegated Purchases. (a)-(f) (No change.) (g) Fuel, oil, and grease purchases may be made by an agency at service stations or in bulk. Spot and emergency purchase procedures are particularly applicable to purchases at service stations. Fuel, oil, and grease purchases shall be made in accord with guidelines suggested by the commission. All state employees who purchase motor oil and other automotive lubricants for state-owned vehicles shall give preference to motor oils and lubricants that contain at least 25% recycled oil, the cost to the state and the quality being comparable to new oil and lubricants. 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 28, 1991. TRD-9110555 Judith Monaco Porras General Counsel State Purchasing and General Services Commission Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 463-3446 Specification 1 TAC sec.113.34 The State Purchasing and General Services Commission proposes an amendment to sec.113.34, concerning encouragement of the use of recycled products in the development of Texas specifications. Ron Arnett, director for purchasing, 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. Arnett 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 waste minimization corresponding with increased demand for recycling practices and recycled products. 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 proposed section may be submitted to Judith Porras, General Counsel, State Purchasing and General Services Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments must be received no later than 30 days from the date of publication in the Texas Register. The amendment is proposed under Texas Civil Statutes, Article 601b, sec.3.01, which provide the State Purchasing and General Services Commission with the authority to promulgate rules to accomplish the purpose of Article 3. sec.sec.113.34. Development of Texas Specifications. (a)-(d) (No change.) (e) New procedures and specifications. In developing new procedures and specifications, the commission shall encourage the use of recycled products and products that may be recycled or reused. 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 28, 1991. TRD-9110556 Judith Monaco Porras General Counsel State Purchasing and General Services Commission Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 463-3446 TITLE 7. BANKING AND SECURITIES Part VI. Credit Union Department Chapter 91. Chartering, Operation, Merges, Liquidations Powers of Credit Unions 7 TAC sec.91.402 (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 Credit Union Department or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Credit Union Department proposes the repeal of sec.91.402, concerning the retention of records. The current requirement have become somewhat obsolete and need to be updated to accommodate current statutory and regulatory requirements, as well as new technology available for copying documents. John R. Hale, commissioner, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. Mr. Hale also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be that records retention requirements will be updated to meet statutory and regulatory requirements. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed will likely not be greater than presently required. Comments on the proposal may be submitted to Harry L. Elliott, Staff Services Officer, 914 East Anderson Lane, Austin, Texas 78752-1699. The repeal is proposed under the provisions of Texas Civil Statutes, Article 2461-11.07, which provide the Credit Union Commission with the authority to adopt reasonable rules necessary for the administration of the Texas Credit Union Act. sec.91.402. Permanent Records. 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 29, 1991. TRD-9110631 John R. Hale Commissioner Credit Union Department Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 837-9236 TITLE 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce Chapter 178. Texas Community Development Program Subchapter A. Allocation of Program Funds 10 TAC sec.178.10, sec.178.13 (Editor's Note: The Texas Department of Commerce proposes for permanent adoption the amended sections it adopts on an emergency basis in this issue. The text of the amended sections is in the Emergency Rules section of this issue.) The Texas Department of Commerce (Commerce) proposes amendments to sec.178. 10 and sec.178.13, concerning the allocation of Community Development Block Grant (CDBG) nonentitlement area funds under the Texas Community Development Program (TCDP). The proposed sections establish the standards and procedures by which Commerce will allocate Texas capital funds to eligible units of general local government in Texas beginning with the expenditure of federal fiscal year 1991 funds. The proposed sections include application requirements, and selection procedures and criteria. Sedora Jefferson, general counsel, 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. Armando Ruiz, business finance services coordinator, has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be the equitable distribution of funds to eligible units of general local government. 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 Sedora Jefferson, General Counsel, P.O. Box 12728, Austin, Texas 78711, within 30 days after the date of this publication. The amendments are proposed under the Texas Government Code Annotated, Chapter 481, Subchapter N, which provides Commerce with the authority to allocate CDBG nonentitlement area funds to eligible counties and municipalities according to department 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 Austin, Texas, on August 28, 1991. TRD-9110730 Cathy Bonner Interim Executive Director Texas Department of Commerce Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 320-9666 10 TAC sec.178.19 (Editor's Note: The Texas Department of Commerce proposes for permanent adoption the new section it adopts on an emergency basis in this issue. The text of the new section is in the Emergency Rules section of this issue.) The Texas Department of Commerce (Commerce) proposes new s178.19, concerning the establishment of the governor's special assistance fund for small and minority businesses under the Texas Community Development Program (TCDP). This fund will be available to eligible units of local government to provide financing to small or minority businesses. The proposed section establishes the standards and procedures by which Commerce will allocate these funds to eligible units of general local government in Texas beginning with the expenditure of federal fiscal year 1991 funds. The proposed section includes preapplication requirements, and selection procedures and criteria. Sedora Jefferson, 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. Armando Ruiz, business finance services coordinator, 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 the equitable distribution of funds to eligible units of general local government. 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 Sedora Jefferson, General Counsel, P.O. Box 12728, Austin, Texas 78711, within 30 days after the date of this publication. The new section is proposed under the Texas Government Code Annotated under Chapter 481, Subchapter N, which provides Commerce with the authority to allocate CDBG nonentitlement area funds to eligible counties and municipalities according to department 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 Austin, Texas, on August 28, 1991. TRD-9110727 Cathy Bonner Interim Executive Director Texas Department of Commerce Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 320-9666 TITLE 16. ECONOMIC REGULATION Part II. Public Utility Commission of Texas Chapter 21. Practice and Procedure Docketing and Notice 16 TAC sec.21.24 The Public Utility Commission of Texas proposes an amendment sec.21.24, concerning the contents for notice in licensing proceedings. The commission proposes to amend sec.21.24(c)(1) by eliminating the requirement that applicants for a certificate of convenience and necessity (CCN) publish a map of the area for which the certificate is being requested. The commission further proposes to amend sec.21.24(c)(2) to require applicants to provide a copy of the map required in sec.21.24(c)(3) to all cities and neighboring utilities providing the same utility service within five miles of the requested territory or facility. Applicants would also be required to notify county governments in all counties in which any portion of the proposed facility or requested territory is located. Additionally, the commission proposes to amend sec.21.24(c)(3) to require applicants' notice to be more detailed. The notice to directly affected landowners would include a clear description of the area for which the certificate is being requested. This description would refer to, among other things, geographic landmarks, municipal and county boundary lines streets, roads, highways and any other readily identifiable points of reference. Under the rule as proposed, an applicant would also be required to provide to directly affected landowners of each county a map of the preferred and any alternative locations of the proposed facility, as they affect landowners in their respective counties. For example, if a proposed facility were to be located in both Travis and Williamson counties, an applicant would be required to furnish two maps. Directly affected landowners (as defined in sec.21.24(c)(3)) in Travis county would receive a map which clearly and conspicuously illustrated the preferred and any alternative sites of the proposed facility located in Travis county. Directly affected landowners in Williamson county would receive a map which illustrated the preferred and alternative sites of the facility to be located in Williamson county. Finally, the commission proposes minor wording modifications to subsection (c)(3) for purposes of clarification. The commission proposes this amendment as a means of insuring that landowners receive notice of pending electric CCN applications which may affect their property. Finally, the commission proposes to amend subsection (d) concerning the notice by applicants for new electric generating plants. As currently written, subsection (d) requires applicants for new electric generating plants to provide the identical notice required under subsection (c)(1). The notice in subsection (c)(1) is tailored to CCN applications and is not entirely appropriate for Notice of Intent (NOI) proceedings. Pursuant to the Public Utility Regulatory Act sec.54(d)(2), Texas Civil Statutes, NOI proceedings must be completed within 180 days. As such allowing a 60 day intervention deadline (as is contemplated under subsection (c)(1)) significantly reduces the time needed to process these applications. To alleviate this problem the commission proposes to shorten the intervention deadline for NOI proceedings to 15 days after completion of published notice. The amendment includes a provision for exceptions to this deadline based upon a showing of good cause. As presently written, subsection (d) also requires applicants to provide notice identical to that in subsection (c)(1). Again, the requirements of subsection (c)(1), specifically the requirement of providing a map of the proposed facility, are tailored to CCN applications, not NOI proceedings. As stated in 16 TAC s23.31 (relating to certification criteria), the purpose of an NOI proceeding is not "to decide the specific site or site facilities . . . because those issues will be decided in the subsequent certification proceeding in the event that the NOI is approved." The commission therefore proposes to amend subsection (d) to eliminate the requirement of providing a map to directly affected landowners. Instead the applicant's notice would identify in general terms the type of facility involved and the estimated expense associated with the project. This notice is more appropriate for NOI proceedings. Thomas S. Hunter, assistant general counsel, has determined that for the first five year period that the proposed section will be in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering this section. Mr. Hunter also has determined that for each year of the first five years the section as proposed is in effect, the public benefit anticipated as a result of enforcing the section will be to insure that directly affected landowners will receive meaningful notice of electric CCN applications which may affect their property. Additionally, amending sec.21.24(d) will eliminate unnecessary notice requirements in the NOI proceedings. There will be no effect on small businesses as a result of enforcing the section. The economic cost to utilities required to comply with the proposed section is expected to be minimal. Mr. Hunter has further determined that for each of the first five years the proposed section is in effect, there will be no impact on employment in the geographical areas affected by implementing the requirements of the section. Comments on the proposed amendment (11 copies) may be submitted to Mary Ross McDonald, Secretary of the Commission, Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas 78757, within 30 days of publication. The amendment is proposed under Texas Civil Statutes, Article 1446c, sec.16(a), which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction. sec.21.24. Contents of Notice for Licensing Proceedings. (a)-(b) (No change.) (c) Applicant notice in licensing proceedings. In all licensing proceedings except minor boundary changes, the applicant shall give notice in the following ways: (1) Applicant shall publish in a newspaper having general circulation in the county or counties where a certificate of convenience and necessity is being requested, once each week for two consecutive weeks beginning with the week after the application is filed with the commission, notice of the applicant's intent to secure a certificate of convenience and necessity. This notice shall identify in general terms the type of facility if applicable, [the area for which the certificate is being requested,] and the estimated expense associated with the project. The notice shall further describe in clear, precise language the area for which the certificate is being requested and the location of all preferred and alternative routes of the proposed facility. This description should refer to area landmarks, including but not limited to, geographic landmarks, municipal and county boundary lines, streets, roads, highways, railroad tracks, and any other readily identifiable points of reference.
                                                                                                                                                                                                                                                                                      [Applicant's notice shall also include a map which clearly and conspicuously illustrates the location of the area for which the certificate is being requested, including the preferred and any alternative locations of the proposed facility.] The notice shall also include the following statement: Persons with questions about this project should contact (name of utility contact) at (utility contact telephone number). Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility Commission Public Information Office at (512) 458-0256 or (512) 458-0221 for the telecommunications device for the deaf. The deadline for intervention in the proceeding will be 60 days after the final publication of this notice. Proof of publication in the form of publisher affidavit(s) shall be submitted to the commission as soon as available. The affidavit(s) shall state with specificity each county in which the newspaper is of general circulation. (2) Applicant shall also mail notice of its application, which shall contain the information as set out in paragraph (1) of this subsection and a map which clearly and conspicuously illustrates the location of the area for which the certificate is being requested, including the preferred and any alternative locations of the proposed facility,
                                                                                                                                                                                                                                                                                        to cities and neighboring utilities providing the same utility service within five miles of the requested territory or facility. Applicant shall also provide notice to the county government(s) of all counties in which any portion of the proposed facility or requested territory is located. The notice provided to county government(s) shall by identical to that provided to cities and neighboring utilities. (3) Applicant shall, upon or before filing an application, mail notice of its application to the owners of land (as stated on the current county tax roll(s)
                                                                                                                                                                                                                                                                                          ) who would be directly affected by the requested certificate, including the preferred and any alternative location of the proposed facility. The notice must contain all information required in paragraph (1) of this subsection, a clear and conspicuous statement that the owner's land will be directly affected if the certificate is granted and a map which clearly and conspicuously illustrates the preferred and any alternative locations of the proposed facility as they would impact directly affected landowners in their respective counties.
                                                                                                                                                                                                                                                                                            Before final approval of any modification in the applicant's proposed route(s), applicant must provide notice as required under this paragraph to all directly affected landowners who have not already received such notice. For the purposes of this paragraph, land is directly affected if an easement would be obtained over all or a portion of it or if it contains a habitable structure that would be within 200 feet of the proposed facility. Proof of notice may be established by an affidavit affirming that the applicant sent notice by first-class mail to each of the persons listed as an owner of directly affected land on the current county tax roll(s)
                                                                                                                                                                                                                                                                                              . Upon the filing of such proof, the lack of actual notice to any individual landowner will not in and of itself support a finding that the requirements of this paragraph have not been satisfied. The requirements of this paragraph shall apply only to electric utilities. (4) The commission may require the applicant to mail or deliver notice to other affected persons or agencies. (d) Notice by applicants for new electric generating plant. Those planning to apply for a certificate of convenience and necessity for a new electric generating plant must file a notice of such intent with the commission pursuant to sec.54(d) of the Act. In addition, the potential applicant must file notice by publishing in a newspaper having general circulation in the county or counties in which the generating plant will be located, and in each county containing territory served by the utility, once each week for four consecutive beginning with the week after the notice of intent is filed with the commission. [This notice shall contain the same information as required in subsection (c)(1) of this section.] This notice shall identify in general terms the type of facility and the estimated expense associated with the project. The notice shall also include the following statement: Persons with questions about this project should contact (name of utility contact) at (utility contact telephone number). Persons who wish to intervene in the proceeding or comment upon action sought should contact the Public Utility Commission Public Information Office at (512) 458-0256 or 458-0221 for the telecommunications device for the deaf. The deadline for intervention in the proceeding will be 15 days after the final publication of this notice. Exceptions to the intervention deadline may be granted upon a showing of good cause.
                                                                                                                                                                                                                                                                                                Proof of publication in the form of a publisher's affidavit shall be submitted to the commission as soon as available. The affidavit shall state with specificity each county in which the newspaper is of general circulation. 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 29, 1991. TRD-9110703 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 458-0100 Chapter 23. Substantive Rules Rate Design 16 TAC sec.23.23 The Public Utility Commission of Texas proposes an amendment to sec.23.23 adding subsection (d) concerning rate design for telephone local exchange companies. The proposed amendment states the applicability of the subsection and defines words and terms used in the subsection. Paragraph (3) of the new subsection states the general requirements for a local exchange company's tariff for access services. Paragraph (4) of the new subsection establishes the structure for the rates charged by local exchange companies for access services. The proposed new rate structure will be implemented in any PURA sec.42 or sec.43 rate proceeding instituted at the Public Utility Commission and will apply to the portion of the local exchange company's total intrastate revenue requirement that the commission determines should be recovered from access services. The proposed rate structure implements several new policies of general applicability. The proposed amendment eliminates the non-premium rate for termination of Feature Group B access; consolidates the LS1 and LS2 switching rate elements into one premium rate element; eliminates minute-mile transport rates; requires transport rates to be based upon an equal charge per unit of traffic delivered or received; requires conventional rounding; and eliminates the Interexchange Carrier Access Charge rate element effective July 1, 1992. Paragraph (5) of the new subsection details various administrative provisions which must be contained in each local exchange company's access services tariff, including provisions concerning the determination of percent interstate usage, meet point billing and provision of equal access. Patrick J. Sullivan, assistant general counsel, has determined that there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment. Mr. Sullivan also has determined that for each year of the first five years the new sections are in effect, the public benefit anticipated as a result of enforcing the amendment will be greater uniformity in the structure and level of access rates charged by various local exchange companies in the state. By specifying the structure for rates for access services, the amendment will simplify the rate design process in ratemaking hearings conducted by the commission, resulting in a savings of time and rate case expenses for all parties in such hearings. The amendment will also enhance competition in the interexchange telecommunications industry by providing more uniformity in tariff provisions and less disparity in access rates charged by local exchange companies to their access customers. The proposed amendment would cap the local exchange company's terminating carrier common line switched access rate element and eliminate the Interexchange Carriers Access Charge rate element. The amendment is proposed as part of a project which also includes an amendment to sec.23.53(d) of this title (relating to High Cost Assistance Fund) to create a High Cost Assistance Fund for local exchange companies. If the amendment to this section and sec.23.53(d) are both adopted by the commission, there is no anticipated economic costs to persons who are required to comply with the amendment as proposed. There will be no effect on small businesses as a result of enforcing this section. If the High Cost Assistance Fund is not created as proposed, the economic cost to persons who are required to comply with the amendment to sec.23.23 is approximately $13.5 million per year for each of the first five years. Mr. Sullivan has determined that for each year of the first five years the proposed section is in effect there will be no impact on employment in the geographical areas affected by implementing the requirements of the section. Comments on the proposed amendment (13 copies) may be submitted in writing to Mary Ross McDonald, Secretary of the Commission, 7800 Shoal Creek Boulevard, Austin, Texas 78757, within 30 days after the date of publication. Replies to comments may be submitted in writing to the above-referenced address within 45 days after the date of publication of this proposal. All comments should refer to Project Number 9942. The amendment is proposed under Texas Civil Statutes, Article 1446c, sec.16, which provides the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; and sec.18 which grants the commission the authority to adopt rules to protect the public interest and to provide equal opportunity in a competitive telecommunications market place. sec.23.23. Rate Design. (a)-(c) (No change.) (d) Telephone. (1) General. Local exchange company (LEC) rates for intrastate services shall be established in accordance with the provisions of this subsection. Nothing in this subsection precludes a LEC from offering new, experimental, promotional, or competitive services in accordance with other provisions of this title authorizing such offerings. (2) Definitions. The following words and terms, when used within subsection (d) of this section, shall have the following meanings, unless the context clearly indicates otherwise. These words and terms are defined for purposes of this subsection only. (A) Access customer-Any user of services which are obtained from a LEC access service tariff. A LEC is not an access customer of itself for intraLATA calls. (B) Access minutes or access minutes of use-The measured or assumed duration of time that LEC network facilities are used by access customers for the provision of long distance services. Access minutes are measured for the purpose of calculating access charges applicable to access customers. (C) Access revenue requirement -The portion of a LEC's total intrastate revenue requirement that should be recovered from access services as determined by the Commission in a PURA sec.42 or sec.43 proceeding. The LEC's access revenue requirement will be divided into three components: revenue requirement for switched access services, revenue requirement for special access services, and revenue requirement for other access services as determined by the commission. (D) Access services-LEC services which provide connections for or are related to the origination or termination of intrastate long distance telecommunications services. (E) Assumed minutes-A surrogate level of access minutes used by LECs to develop switched access charges applicable to access customers when measured minutes cannot be recorded because of LEC network limitations. (F) Common line-A LEC line, trunk, or pay telephone line that exists between an end user's telephone location and the nearest LEC central office which serves the end user's telephone location. Common lines are used by access customers for the origination or termination of long distance calls. (G) End user-An intrastate telephone utility customer which is neither an interexchange carrier nor a LEC, except that an interexchange carrier or a LEC may be considered an end user for its internal communications services used for administrative purposes only. (H) Equal access-LEC access which is provided to access customers on an unbundled, tariffed basis and which is equal in type, quality and Price to Feature Group C. From an end user's perspective, equal access is characterized by the availability of 1-plus dialing with the end user's interexchange carrier of choice on long distance calls. (I) Interexchange carrier (IXC)-A carrier other than a LEC providing any means of transporting intrastate telecommunications messages between local exchanges, but not solely within local exchanges, in the State of Texas. An entity is not an IXC solely because of: (i) the furnishing, or furnishing and maintenance of a private system, or the manufacture, distribution, installation or maintenance of customer premises equipment; (ii) the provision of services authorized under the FCC's Public Mobile Radio Service and Rural Radio Service rules; or (iii) the provision of shared tenant service. (J) Intrastate-Refers to communications which both originate from and terminate to a telephone number within Texas state boundaries. (K) Long distance-Refers to interexchange communications generally characterized by the application of a toll charge which is based upon any of a variety of factors, including, but not limited to, the time of day, duration of the communication, and distance of the communication. (L) Measured minutes-Actual recorded access minutes, including fractions of actual recorded access minutes, quantified through the use of LEC central office recording equipment. (M) Meet point-The point of convergence of an access service which traverses the territories of two or more local exchange companies. (N) Percent interstate usage (PIU)-A customer-specific ratio determined by a LEC by dividing interstate access minutes by total access minutes, unless the LEC's network is incapable of determining the jurisdiction of the access minutes. A PIU establishes the jurisdiction of switched access rates charged to switched access customers and affects the allocation of switched access revenue and costs by LECs between the interstate and intrastate jurisdictions. (O) Special access-A type of access service which is offered by LECs to access customers and which is provided without the use of LEC network switching facilities, with the exception of WATS Access Line Service. (P) Switched access-A type of access service which is provided by LECs to access customers and which requires the use of LEC network switching facilities for the origination or termination of long distance calls. (Q) WATS Access Line (WAL)-A dedicated, switched access line or trunk which is used exclusively for the transmission of WATS or WATS-type service and which terminates in a LEC's serving office. WAL Service is considered to be a type of special access. (R) Wide Area Telecommunications Service (WATS or WATS-type) -An inward or outward long distance service provided via a WATS Access Line, special access line or other dedicated access line on the closed end of a call and via switched access on the open end of a call. (3) Access services. Each LEC's tariff must include the recurring and nonrecurring charges for all access services offered by the LEC. A LEC is not required to include in its access tariff any access service that its network is technologically incapable of providing. A LEC must include in its access tariff any access service which is provided on a special assembly basis if the service is provided on a special assembly basis if the service is provided to the RIXC identified in sec.23.25 of this title (related to Long Distance Rates) or to more than three customers. LECs are prohibited from charging intrastate end user common line charges, subscriber line charges, or similar end user charges. (4) Access rates. Existing rates for access services in effect on September 1, 1991, shall remain effective until changed by subsequent order of the Commission. Upon the filing of an application for changes in rates pursuant to PURA sec.43 or in a proceeding initiated under PURA sec.42, rates for access services shall be designed utilizing the LEC's access revenue requirement in accordance with the following requirements: (A) switched access. A LEC's intrastate switched access rates shall be meet equal to the most recently approved intrastate switched access rates established by the commission for Southwestern Bell Telephone Company (SWB) except as provided herein. Additionally, the following requirements must be met by all LECs: (i) premium access rates shall apply to all access minutes that terminate via Feature Group B, that originate or terminate via Feature Group C, or that originate or terminate via any switched access feature group from or to an equal access end office; (ii) premium LS1 and LS2 switching rate elements shall be consolidated into one premium local switching rate element; (iii) minute-mile transport rate structures resulting in a separate transport rate element for each cumulative mile are prohibited; (iv) transport rates shall be designed and assessed based upon an equal charge per unit of intrastate call traffic delivered or received; (v) all rate elements shall be designed and assessed using conventional rounding of fractional units, i.e. a fraction equal to or greater than .5 of one unit will be rounded up to the next higher whole unit, while fractions less than .5 of one unit will be rounded down to the next lower whole unit; (vi) terminating carrier common line per minute rate elements may vary from the similar rate established for SWB as necessary to generate revenue equivalent to the LEC's revenue requirement for switched access services, provided however, the terminating carrier common line rate element for any LEC may not exceed eight cents ($.08) Per access minute of use; (vii) effective July 1, 1992, all LECs are prohibited from charging an ICAC rate element; (B) special access. A LEC's intrastate special access rates shall be based upon the structure, regulations and rate applications contained in SWB's special access tariff, however, the individual rate elements shall be adjusted by an equal percentage increase or decrease so that the rates generate an amount of revenue equivalent to the LEC's revenue requirement for special access services; (C) other access services. A LEC's rates for other access services offered by the LEC, including but not limited to billing and collection, directory assistance, operator assistance, special construction, special engineering, special service arrangements, and individual case base offerings, shall be designed to generate an amount of revenue equivalent to its revenue requirement for other access services; (D) residual. If rates designed in compliance with these provisions are not sufficient to generate an amount of revenue equivalent to an LEC's access revenue requirement, the LEC may file a request with the commission to obtain assistance from the High Cost Assistance Fund established pursuant to sec.23.53(d) of this title (relating to High Cost Assistance Fund). (5) Administrative provisions. (A) Percent interstate usage (PIU). Within 30 days after adoption by the commission of amended Percent Interstate Usage (PIU) reporting, auditing, and backbilling procedures for Southwestern Bell Telephone Company, all independent LECs must file administrative revisions to their intrastate access service tariffs to mirror the PIU provisions in the intrastate access service tariff of Southwestern Bell Telephone Company. The intrastate access service tariff of all LECs must contain, at a minimum, the requirements stated in clauses (i)-(iii): (i) jurisdictional determination capability. If the LEC possesses the network capability to determine the jurisdiction of a long distance call, a monthly PIU, based upon the actual jurisdictional determination of access services used by the access customer, must be calculated by the LEC and applied to the monthly bill for each access customer; (ii) no jurisdictional determination capability. If LEC network facilities are incapable of making a determination of the jurisdiction of an access service, a LEC may permit an access customer to either mirror the access customer's PIU for usage where jurisdictional determination is possible, or self-report on a quarterly basis. PIUs may be self-reported by access customers to LECs if all of the following requirements are met: (I) a LEC must request and receive written representation from the self-reporting access customer that the access customer possesses a network technology which can accurately determine the jurisdiction of each access service used by the access customer; (II) the LEC must request and receive a written representation from the access customer that the access customer calculates self-reported PIUs based upon the actual jurisdiction of each access service used by the access customer; (III) the LEC must request and receive from the access customer, at a minimum, a quarterly report supporting the self-reported PIUs: (IV) the LEC's intrastate access tariff must establish a monitoring procedure for the annual monitoring of all self-reported PIUs and an auditing procedure for timely auditing of questionable self-reported PIUs; (V) the LEC's intrastate access service tariff must contain an adjustment procedure for the correction of access service bills which were based upon an erroneous PIU as determined through a PIU audit; and (VI) the LEC's intrastate access tariff must specify that the LEC is responsible for verifying the accuracy of the PIU report and the access customer is responsible for the accuracy of self-reported PIUs; (iii) default PIU. If the LEC's network facilities are incapable of determining call jurisdiction and the access customer fails to exercise either its mirror option or self-reporting option under subparagraph (A)(ii) of this paragraph, the LEC must provide written notice to the access customer by certified mail that, if the customer fails to exercise one of its options within 30 days, a PIU will be established at zero. (B) Meet point billing. The provisions in this subparagraph pertain to access services which are required to be meet point billed. (i) Tariffs. LECs must file administrative tariff amendment to reflect compliance with the most current "Multiple Exchange Carrier Access Billing (MECAB)" and "Multiple Exchange Carrier Ordering and Design (MECOD)" guidelines within 60 days after acceptance of these guidelines or acceptance of revisions to these guidelines by the Federal Communications Commission. If the Federal Communications Commission accepts the "Small Exchange Company Access Billing (SECAB)" guidelines pertaining to meet point billing, small local exchange companies may file tariff amendment within 60 days after acceptance by the Federal Communications Commission to reflect compliance with MECAB through the implementation of SECAB. (ii) Compensation. For any meet point billed service, a LEC is authorized to receive compensation only for its portion of the jointly-provided access service. If a LEC receives compensation above the amount associated with the provision of its portion of a jointly-provided access service, the LEC must immediately file an administrative tariff amendment with the Commission to recover only its portion of the jointly-provided service and, within thirty days after approval of the required tariff amendment, must refund the surplus amount received with interest to each affected customer. Additionally, LECs are prohibited from filing tariff amendment that result in a jointly-provided access service billed amount which exceeds charges for 100% of the jointly-provided service. (C) Equal access. Beginning January 1, 1992, LECs must file with the Commission on January 1 of each even-numbered year a report which describes the LEC's ten-year forecasted plan and schedule for implementation of equal access technology in Texas. Reports filed on and after January 1, 1994, must include a description of all changes from the information provided in the prior biennial report, along with a detailed explanation of reasons for the changes. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 29, 1991. TRD-9110702 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Proposed date of adoption: October 26, 1991 For further information, please call: (512) 458-0100 Customer Service and Protection 16 TAC sec.23.53 The Public Utility Commission of Texas proposes an amendment to sec.23.53, concerning the high cost assistance fund for local exchange companies serving in high cost and rural areas of the state. The amendment provides for the creation and operation of the high cost assistance fund and establishes a procedure for the determination and collection of assessments on all telecommunications utilities to provide money for the fund. The amendment also establishes the eligibility criteria and procedure for disbursements from the fund to qualifying local exchange companies. Patrick J. Sullivan, assistant general counsel, has determined that there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment. Mr. Sullivan also has determined that for each year of the first five years the amendment is in effect, the public benefit anticipated as a result of enforcing the amendment will be to assist local exchange companies in providing basic local exchange service at reasonable rates in high cost and rural areas of the state, thereby furthering the public policy of having adequate and efficient telecommunication service available to all citizens of the state at just, fair and reasonable rates. There will be no effect on small businesses as a result of enforcing this section. The anticipated economic cost to all telecommunications utilities who are required to comply with the amendment will be approximately $4. 3 million for the first three months assessment. Disbursements to local exchange companies will reduce the total economic cost to less than this amount. Because the amount of future disbursements to local exchange companies is unknown at this time, the amount of future assessments on telecommunications utilities is also unknown. However, the total annual cost should not exceed the current amount of revenue collected from the Interexchange Carrier Access Charge assessed by local exchange companies which was approximately $90.0 million in 1990. Mr. Sullivan has determined that for each year of the first five years the proposed amendment is in effect there will be no impact on employment in the geographical areas affected by implementing the requirements of the amendment. Comments on the proposed amendment (13 copies) may be submitted in writing to Mary Ross McDonald, Secretary of the Commission, 7800 Shoal Creek Boulevard, Austin, Texas, 78757, within 30 days of the date of publication. Replies to comments may be submitted in writing to the above-referenced address within 45 days of the date of publication. Comments should refer to Project Number 9942. The amendment is proposed under Texas Civil Statutes, Article 1446c, sec.16, which provides the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; sec.18, which grants the commission the authority to adopt rules to protect the public interest and to provide equal opportunity in a competitive telecommunications market place; and sec.98 which authorizes the commission to adopt and enforce rules requiring local exchange companies to establish a universal service fund to assist local exchange companies in providing basic local exchange service at reasonable rates in high cost rural areas. sec.23.53. Universal Service Fund. (a)-(c) (No change.) (d) High cost assistance fund. (1) Purpose. This section establishes
                                                                                                                                                                                                                                                                                                  [is to provide procedural] guidelines for [the establishment of criteria for providing] financial assistance to local exchange companies which serve the high cost and rural areas of the state so that these companies may provide basic local exchange service at reasonable rates. (2) General rules.
                                                                                                                                                                                                                                                                                                    [Proceeding.] (A) The commission is the official administrative agency for the High Cost Assistance Fund (HCAF). The commission may, however, delegate the ministerial functions of administering the HCAF to another agency or organization (henceforth the Administrator) through contractual agreement.
                                                                                                                                                                                                                                                                                                      [Upon its own motion, or upon the petition of the commission's General Counsel, the commission may, upon 30 days published notice, institute a rulemaking or docketed proceeding regarding the establishment of a high cost assistance fund.] (B) The administrator will administer the HCAF in accordance with the rules set forth in this section and in accordance with the guidelines established by the commission in its contract with the administrator.
                                                                                                                                                                                                                                                                                                        [Any local exchange company may petition the commission regarding the need for establishment of a high cost assistance fund. Upon receipt of such petition, the commission may initiate an investigation of such need by taking comments of all interested parties or may institute a rulemaking or docketed proceeding regarding the establishment of a high cost assistance fund.] (C) The administrator will compile and submit to the commission periodic summary reports regarding the administration of the HCAF in accordance with specifications set forth in the contract between the commission and the administrator. Such reports will be available to the public upon request.
                                                                                                                                                                                                                                                                                                          [In any proceeding under subparagraph (A) or (B) of this paragraph, the commission shall consider: [(i)
                                                                                                                                                                                                                                                                                                            the appropriate criteria to be used to evaluate a LEC's qualifications for high cost assistance; [(ii)
                                                                                                                                                                                                                                                                                                              the methodology by which an assessment will be made against all telecommunications utilities to fund the high cost assistance portion of the USF; [(iii)
                                                                                                                                                                                                                                                                                                                the methodology by which the level of disbursements will be determined for LECs which qualify for high cost assistance; and [(iv)
                                                                                                                                                                                                                                                                                                                  the administrative procedures which will govern the operation of the high cost assistance portion of the USF.] (D) The commission reserves the exclusive power to establish and revise rules related to the operation and administration of the HCAF and to monitor, supervise and require auditing of the administration of the HCAF through its contract with the Administrator. (E) Upon its own motion, upon the petition of the General Counsel or the Office of Public Utility Counsel, or upon petition by any telecommunications utility, the commission may initiate an inquiry into any aspect of the administration of the HCAF, including, but not limited to, reported claims of qualifying companies against the HCAF. (F) The commission shall annually provide for an audit of the administrator by an independent auditor. The costs of the audit are costs of the commission incurred in administering the HCAF and therefore shall be reimbursed from the HCAF. (G) Information received by the administrator from the individual telecommunications utilities shall be treated as proprietary. The administrator may disclose information from individual telecommunications utilities only to the utility involved or to the commission and its designated representative, unless the commission determines that such information is not proprietary. All requests for information from third parties shall be directed through the commission. (3) Assessments to telecommunications utilities. (A) Local exchange companies (LECs) shall submit monthly reports to the administrator showing intrastate local switching access minutes of use for telecommunications utilities and showing the LEC's equivalent access minutes of use, developed in accordance with subsection (c)(3) of this section. Telecommunications utilities other than LECs shall submit monthly reports to the administrator showing additional data that is required by the administrator to calculate the assessment rate. (B) Effective July 1, 1992, an assessment rate of $.001 per minute of use is established for each industry access minute of use as developed in subsection (c)(3) of this section. This rate shall continue in effect through September 30, 1992. Thereafter, the rate shall be determined by the administrator as described in subparagraph (c) of this subsection. (C) The administrator shall establish an assessment rate to be applied to all telecommunications utilities based upon the total disbursements authorized by the commission for the current month, divided by the total industry access minutes of use reported for the prior month. Total industry access minutes of use shall include intrastate local switching access minutes of use and LEC equivalent access minutes of use as developed under subsection (c)(3) of this section. The assessment for each telecommunications utility shall be in the amount of that utility's access minutes of use multiplied by the assessment rate for the period. (4) High Cost Assistance Fund eligibility. A LEC may file a request with the commission for assistance from the High Cost Assistance Fund. A LEC is eligible to receive assistance from the High Cost Assistance Fund only if the following conditions are met: (A) after accounting for all sources of access revenue, including but not limited to, assistance received from other pooled funds, e.g. the interstate Universal Service Fund, the LEC failed to recover its revenue requirement for switched access services during a test year established by the commission in its most recent rate case; (B) based on total revenue, the LEC failed to earn its lowest authorized rate of return established by the commission; and (C) based upon the adjusted demand for switched access minutes applied to the switched access rates established by the commission, the LEC will be unable to recover its revenue requirement for switched access services for the next one year period. (5) Disbursements. After considering the requirements stated in subsection (d)(4) of this section, the commission will determine the total annual amount of assistance to which a LEC is entitled. The amount of assistance is limited to the lesser of the amount necessary to enable the LEC to recover its revenue requirement for switched access service after accounting for all sources of revenue or the amount needed to enable the LEC to earn its lowest authorized rate of return. The commission will issue an order authorizing the administrator to disburse 1/12 of that amount to the LEC each month for the subsequent one year period. Disbursements from the HCAF will be made each month only following receipt from the LEC of the monthly reports required by paragraph (3) of this subsection. Disbursements may also be subject to such other limitations or conditions as determined by the commission to be just and reasonable. 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 29, 1991. TRD-9110701 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 458-0100 TITLE 22. EXAMINING BOARDS Part XV. Texas State Board of Pharmacy Chapter 291. Pharmacies All Classes of Pharmacy 22 TAC sec.291.6 The Texas State Board of Pharmacy (TSBP) proposes an amendment to sec.291.6, concerning pharmacy license fees. The proposed amendment will increase the total pharmacy license fee from $132 to $152 per year beginning in February 1992. Included in this total is $147 for processing and issuance of a pharmacy license or renewal of a pharmacy license and $5.00 to fund a program to aid impaired pharmacists and pharmacy students. The $15 increase in the fee for processing and issuance of a pharmacy license or renewal of a pharmacy license is necessary because of a rider attached to the Board of Pharmacy Appropriation in House Bill 1 passed by the 72nd Legislature 1st Called Session. This rider specifies that $226,148 of the appropriated money for the fiscal year 1992-1993 biennium may be used only if the agency increases fees by an amount sufficient to cover that cost of the appropriation. This fee increase, together with a fee increase for pharmacists' licenses, will generate the required revenue. It is anticipated that this increase will be necessary for one year only. The board will review the fee structure at that time and adjust fees accordingly. Fred S. Brinkley, Jr., R.Ph., executive director/secretary, has determined that there will be fiscal implications as a result of enforcing or administering the section. The effect on state government for the first five years the section is in effect will be an estimated increase in revenue to the Texas State Board of Pharmacy fund of $66,720 in fiscal year 1992 and $70,000 each in fiscal year 1993-1996. Of this increase an estimated $16,800 in fiscal year 1992 and $20,500 each in fiscal year 1993-1996 will be used to administer a program to aid impaired pharmacists and pharmacy students. The cost of compliance with the section for small business will be an additional $20 per year to obtain a pharmacy license or renew a pharmacy license. The cost for large businesses will be the same as for small businesses. Mr. Brinkley also has determined that for each year of the first five years the section a proposed is in effect the public benefit anticipated as a result of enforcing the section as proposed will be to ensure the safety of public health and welfare by assuring that the Texas State Board of Pharmacy is adequately funded to carry out its mission, and assuring the funding of a program to aid impaired pharmacists and pharmacy students. The anticipated economic cost to persons who are required to comply with the section as proposed will be an additional $20 per year to obtain or renew a pharmacy license. Comments on the proposal may be submitted to Fred S. Brinkley, R.Ph., Jr., 8505 Cross Park Drive, Suite 110, Austin, Texas 78754-4594, (512) 832-0661. The amendment is proposed under the Texas Pharmacy Act, s6 and sec.39 (Texas Civil Statutes, Article 4542a-1) as amended by House Bill 222 passed by the 72nd Legislature, 1st Called Session, which provides the Texas State Board of Pharmacy with the authority to: adopt rules necessary for the enforcement of the Act; and charge not more than $150 a year for processing an application and issuance of a pharmacy license or renewal of a license, and under the Texas Pharmacy Act, sec.27A (Article 4542a-1) as amended by House Bill 333 passed by the 72nd Legislature, and House Bill 1 passed by the 72nd Legislature, 1st Called Session which provides TSBP with the authority to add a surcharge of up to $5.00 per license and expend this amount to fund a program to aid impaired pharmacists and pharmacy students. sec.291.6. Pharmacy License Fees. (a) The Texas State Board of Pharmacy (board) shall require annual renewal of all licenses provided under the Pharmacy Act, sec.31. The board shall charge the following fees for the issuance or renewal of a pharmacy license: (1) The fee for an initial or annual renewal of a pharmacy license shall be as follows:
                                                                                                                                                                                                                                                                                                                    [$108 for licenses issued or renewed on or after April 1, 1988, and] (A)
                                                                                                                                                                                                                                                                                                                      $132 for licenses issued or renewed on or after September 1, 1990[.]; and (B) $152 for licenses with an expiration date on or after January 1, 1992. (This $152 fee includes $147 for processing the application and issuance of the pharmacy license or renewal as authorized by the Act, sec.39 and a $5.00 surcharge to fund a program to aid impaired pharmacists and pharmacy students as authorized by the Act, sec.27A.) (2)-(3) (No change.) (b) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 3, 1991. TRD-9110768 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 832-0661 Chapter 295. Pharmacists 22 TAC sec.295.5 The Texas State Board of Pharmacy (TSBP) proposes an amendment to sec.295.5, concerning pharmacists' license or renewal fees. The proposed amendment will increase the total pharmacist license fee from $72 to $86 per year beginning in February 1992. Included in this total is $81 for processing and issuance of a pharmacist license or renewal of a pharmacist license and $5.00 to fund a program to aid impaired pharmacists and pharmacy students. The $9.00 increase in the fee for processing and issuance of a pharmacist license or renewal of a pharmacist license is necessary because of a rider attached to the Board of Pharmacy Appropriation in House Bill 1 passed by the 72nd Legislature First Called Session. This rider specifies that $226,148 of the appropriated money for the fiscal year 1992-1993 biennium may be used only if the agency increases fees by an amount sufficient to cover that cost of the appropriation. This fee increase, together with a fee increase for pharmacy licenses, will generate the required revenue. It is anticipated that this increase will be necessary for year only. The board will review the fee structure at that time and adjust fees accordingly. Fred S. Brinkley, Jr., R.Ph., executive director/secretary, has determined that there will be fiscal implications as a result of enforcing or administering the section. The effect on state government for the first five years the section is in effect will be an estimated increase in revenue to the Texas State Board of Pharmacy fund of $148,400 in fiscal year 1992 and $318,000 each in fiscal year 1993-1996. Of this increase an estimated $53,000 in fiscal year 1992 and $79,500 each in fiscal year 1993-1996 will be earmarked to administer a program to aid impaired pharmacists and pharmacy students. There will be no cost of compliance with the section for small or large businesses unless they pay the licensing fee for pharmacists that are employed at the pharmacy. If this is the case, the cost for the compliance will be the same for small and large businesses which amounts to an additional $14 for each pharmacist license. Mr. Brinkley 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 as proposed will be to ensure the safety of public health and welfare by assuring that the Texas State Board of Pharmacy is adequately funded to carry out its mission, and assuring the funding of a program to aid impaired pharmacist and pharmacy students. The anticipated economic cost to persons who are required to comply with the section as proposed will be an additional $14 per year to obtain or renew a pharmacist's license. Comments on the proposal may be submitted to Fred S. Brinkley, R.Ph., Jr., 8505 Cross Park Drive, Suite 110, Austin, Texas 78754-4594, (512) 832-0661. The amendment is proposed under the Texas Pharmacy Act, s6 and sec.39 (Texas Civil Statutes, Article 4542a-1) as amended by House Bill 222 passed by the 72nd Legislature, 1st Called Session, which provides the Texas State Board of Pharmacy with the authority to: adopt rules necessary for the enforcement of the Act; and charge not more than $100 a year for processing an application and issuance of a pharmacist's license or renewal of a pharmacist's license, and under the Texas Pharmacy Act, sec.27A (Article 4542a-1) as amended by House bill 333 passed by the 72nd Legislature, and House Bill 1 passed by the 72nd Legislature, 1st Called Session which provides TSBP with the authority to add a surcharge of up to $5.00 per license and expend this amount to fund a program to aid impaired pharmacists and pharmacy students. sec.295.5. Pharmacist License or Renewal Fees. (a) The fee for issuance of a pharmacist license and for each renewal shall be as follows:
                                                                                                                                                                                                                                                                                                                        [$60 for licenses issued or renewed after September 1, 1988, and] (1)
                                                                                                                                                                                                                                                                                                                          $72 for licenses issued or renewed after September 1, 1990[.] ; and (2) $86 for licenses with an expiration date on or after January 1, 1992 (This $86 fee includes $81 for processing the application and issuance of the pharmacy license or renewal as authorized by the Act sec.39, and a $5.00 surcharge to fund a program to aid impaired pharmacists and pharmacy students as authorized by the Act, sec.27A.) (b)-(e) (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 September 3, 1991. TRD-9110767 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 832-0661 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 157. Emergency Medical Care Emergency Medical Services-Part A The Texas Department of Health (department) proposes an amendment to sec.157.2 and new sec.sec.157.121-157.129, concerning emergency medical care. The sections cover definitions, and procedures and standards for the implementation of a comprehensive statewide emergency medical services (EMS)/trauma system. The amendment will add definitions concerning EMS/trauma systems and the new sections will implement the provisions of Senate Bill 18, 71st Legislature, 1989, which requires that the department adopt rules establishing procedures and standards for a comprehensive statewide EMS/trauma system. Specifically, the new sections cover: their purpose, trauma service areas; regional advisory councils; regional EMS/trauma systems; requirements for trauma facility designation; fees; complaints; denial, suspension, and revocation of trauma facility designation; and state trauma registry. Stephen Seale, Chief Accountant III, of the department, has determined that for the first five-year period the sections are in effect there will be fiscal implications for state and local government as a result of enforcing or administering the section. The effect on state government will be an estimated additional cost of $4,000 per year for fiscal years 1992-1996. However, this cost will be offset by an estimated increase in revenue of $4,000 per year for fiscal years 1992-1996. The effect on local government is anticipated to be minimal in costs should they wish to participate. The rules will cause staff to be redirected to provide administration for a cost of $75,000 per year for the next five years. While no additional funds will be expended, other programs' productivity will be decreased to accomplish this activity. 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 the potential for reduced morbidity and mortality as the result of severe and major trauma, and the assurance that adequate EMS/trauma care systems will be available to the citizens of Texas. 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. There is no anticipated impact on local employment. Comments on the proposal may be submitted to Gene Weatherall, Chief, Bureau of Emergency Management, Texas Department of Health, 1100 West 49th. Street, Austin, Texas 78756-3199, (512) 458-7550. Comments will be accepted for 90 days after publication of this proposal in the Texas Register. In addition there will be a public hearing on 1 p.m., Thursday, October 31, 1991, in the auditorium at the Texas Department of Health, 1100 West 49th Street, Austin. 25 TAC sec.157.2 The amendment is proposed under Health and Safety Code, Chapter 773, as amended by Senate Bill 18, 71st Legislature, 1989, which provides the Board of Health (board) with the authority to adopt rules covering minimum standards and objectives for EMS/trauma systems; and Health and Safety Code, sec.12.001, which provides the board 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.157.2. Definitions.
                                                                                                                                                                                                                                                                                                                            The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. Basic trauma facility-A hospital designated by the department as having met the criteria for a Level IV trauma facility as described in the publication titled "Texas Trauma Hospital Criteria" which is adopted by reference in sec.157.121of this title (relating to Purpose). Basic trauma facilities provide resuscitation, stabilization, and arrange for appropriate transfer of all major and severe trauma patients to a higher level trauma facility. Bypass-Direction given to a prehospital emergency medical services unit, by direct medical control or predetermined triage criteria, to pass the nearest hospital. Comprehensive trauma facility-A hospital designated by the department as having met the criteria for a Level I trauma facility as described in the publication titled "Texas Trauma Hospital Criteria" which is adopted by reference in sec.157.121. Comprehensive trauma facilities manage major and severe trauma patients, provide educational opportunities in trauma related topics for health care professionals, and conduct trauma research. Critically injured person-A person suffering major or severe trauma, with severe multisystem injuries or major unisystem injury; the extent of the injury may be difficult to ascertain, but has the potential of producing mortality or major disability. Designation-A formal recognition by the Texas Department of Health of a hospital's trauma care capabilities and commitment. Diversion-A procedure put into effect by a trauma facility to insure appropriate patient care when that facility is unable to provide the level of care demanded by a trauma patient's injuries or when the facility has temporarily exhausted its resources. Emergency medical services and trauma care system-An arrangement of available resources that are coordinated for the effective delivery of emergency health care services in geographical regions consistent with planning and management standards. Facility triage -The process of identifying injury severity to determine the patients who need a higher level of trauma care. General trauma facility-A hospital designated by the department as having met the criteria for a Level III trauma facility as outlined in the "Texas Trauma Hospital Criteria." General trauma facilities provide resuscitation, stabilization, and assessment of injury victims and either provide treatment or arrange for appropriate transfer to a higher level trauma facility. Health care entity-A prehospital provider, physician, nurse, hospital, designated trauma facility, or a rehabilitation program. Health care facility-A licensed hospital. Lead trauma facility-A trauma facility that has made an additional commitment to its trauma service area. This commitment, which usually is offered by the highest level of trauma facility in a given trauma service area, includes outreach and increased educational activities. The responsibilities may be shared by trauma facilities. Major trauma facility-A hospital designated by the department as having met the criteria for a Level II trauma facility as described in the "Texas Trauma Hospital Criteria," which is adopted by reference in sec.157.121. Major trauma facilities provide similar services to the Level I trauma facility although research and some medical specialty areas are not required for Level II facilities. Major trauma injury victim/patient-A person with injuries severe enough to benefit from treatment at a trauma facility, whose revised trauma score (RTS) is less than 11, and/or whose injury severity score (ISS) is nine or above. Medical control -The supervision of prehospital emergency medical service providers by a licensed physician through voice communication. Medical control is also referred to as on-line medical supervision. Medical oversight -The assistance given to the Regional Advisory Council (RAC) and/or regional health care entities in system planning by a physician or group of physicians designated by the RAC to provide technical assistance. Pediatric trauma facility-A pediatric hospital designated by the department as having met the criteria as described in the publication titled "Pediatric Trauma Care," which is adopted by reference in sec.157.121. Prehospital triage -The process of identifying injury severity so that the appropriate care level can be readily accessed according to patient care guidelines. Quality management -Quality assurance and quality improvement activities. Regional EMS/trauma system-An emergency medical services and trauma care system that has been developed by a RAC in a multi-county area and has been recognized by the department's Bureau of Emergency Management. Regional medical control-Direct on-line physician communication for prehospital providers in a given trauma service area. Regional medical control is usually based at the lead trauma facility. Severe trauma injury victim/patient-A person with injuries severe enough to require care at a comprehensive or major trauma facility, whose RTS is less than 11, and whose ISS is 16 or above. Site survey-An on-site review of a trauma facility applicant to determine if it meets the criteria for a particular level of designation. Specialty centers -Entities that care for specific types of trauma patients such as pediatric hospitals and burn units. Trauma-An injury or wound to a living body caused by the application of an external force or violence. Burn injuries are to be included in this definition, and poisonings, near-drownings and suffocations, other than those due to external forces, are to be excluded from this definition.
                                                                                                                                                                                                                                                                                                                              Trauma facility -A health care facility that is capable of comprehensive treatment of seriously injured persons and [which] is part of an emergency medical services (EMS)/
                                                                                                                                                                                                                                                                                                                                [and] trauma system. Trauma nurse-A registered nurse with demonstrated interest and experience in trauma care.
                                                                                                                                                                                                                                                                                                                                  Trauma patient -Any critically injured person who has been evaluated by a physician, a registered nurse, or emergency medical services personnel;
                                                                                                                                                                                                                                                                                                                                    and found to require medical care in a trauma facility. Trauma registry -A statewide database which documents and integrates medical and system information related to the provision of trauma care by health care entities. 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 29, 1991. TRD-9110648 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: November 27, 1991 For further information, please call: (512) 450-3765 Emergency Medical Services Trauma Systems 25 TAC sec.sec.157.121-157.129 The new sections are proposed under Health and Safety Code, Chapter 773, as amended by Senate Bill 18, 71st Legislature, 1989, which provides the Board of Health (board) with the authority to adopt rules covering minimum standards and objectives for EMS/trauma systems; and Health and Safety Code, sec.12.001, which provides the board 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.157.121. Purpose. (a) The purpose of these sections is to establish the procedures and standards for the implementation of a comprehensive statewide emergency medical services (EMS)/trauma system (system) as mandated in the Health and Safety Code, Chapter 773, sec. s111-120, in order to decrease morbidity and mortality which results from trauma. (b) The Texas Department of Health adopts by reference the following publications developed by the Trauma Technical Advisory Committee (committee) titled "Texas Trauma Facility Criteria," "Pediatric Trauma Care," "Qualifications of Texas Trauma Care Personnel," "Prehospital Triage Protocol," "Facility Triage Criteria and Decision Guidelines for Transfer," "Facility Diversion," "Facility Bypass," "Medical Control Within EMS/Trauma Systems Development," "Prehospital Standard Data Set," and "Hospital Standard Data Set." (1) The publications are based on documents titled "Resources for Optimal Care of the Injured Patient" published by the American College of Surgeons in 1990 and "Guidelines for Trauma Care Systems" published by the American College of Emergency Physicians in 1987. (2) Copies of the publications may be viewed during normal business hours at the Texas Department of Health, Bureau of Emergency Management, Room M-528, 1100 West 49th Street, Austin, Texas 78756-3199. (c) The Bureau of Emergency Management and the committee shall review these sections every three years. sec.157.122. Trauma Service Areas. (a) Trauma service areas (TSAs) are established for descriptive and planning purposes and not for the purpose of restricting patient referral. (b) The state has been geographically divided by county into 22 TSAs; however: (1) counties may be realigned or areas subdivided; (2) no TSA shall be realigned unless there is a hospital that has at least a lead general trauma facility capacity within the boundaries; and (3) all TSAs shall be multi-county with no fewer than three counties. (c) The counties included in the 22 TSAs are grouped as follows: (1) Area A-Armstrong, Briscoe, Carson, Castro, Childress, Collingsworth, Dallam, Deaf Smith, Donley, Gray, Hall, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Wheeler; (2) Area B-Bailey, Cochran, Crosby, Dickens, Floyd, Garza, Hale, Hockley, King, Lamb, Lubbock, Lynn, Motley, Terry, Yoakum; (3) Area C-Archer, Baylor, Clay, Cottle, Foard, Hardeman, Jack, Montague, Wichita, Wilbarger, Young; (4) Area D-Brown, Callahan, Coleman, Comanche, Eastland, Fisher, Haskell, Jones, Kent, Knox, Mitchell, Nolan, Runnels, Scurry, Shackelford, Stephens, Stonewall, Taylor, Throckmorton; (5) Area E-Collin, Cooke, Dallas, Denton, Ellis, Erath, Fannin, Grayson, Hood, Hunt, Johnson, Kaufman, Navarro, Palo Pinto, Parker, Rockwall, Somervell, Tarrant, Wise; (6) Area F-Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, Titus; (7) Area G-Anderson, Camp, Cherokee, Gregg, Harrison, Henderson, Marion, Panola, Raines, Rusk, Smith, Upshur, Van Zandt, Wood; (8) Area H-Angelina, Houston, Jasper, Nacogdoches, Newton, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler; (9) Area I-Brewster, Culberson, Jeff Davis, El Paso, Hudspeth, Presidio; (10) Area J-Andrews, Borden, Crane, Dawson, Ector, Gaines, Glasscock, Howard, Loving, Martin, Midland, Pecos, Reeves, Terrell, Upton, Ward, Winkler; (11) Area K-Coke, Concho, Crockett, Irion, Kimble, Mason, McCulloch, Menard, Reagan, Schleicher, Sterling, Sutton, Tom Green; (12) Area L-Bell, Coryell, Hamilton, Lampasas, Milam, Mills, San Saba; (13) Area M-Bosque, Falls, Freestone, Hill, Limestone, McLennan; (14) Area N-Brazos, Burleson, Grimes, Leon, Madison, Robertson, Washington; (15) Area O-Bastrop, Blanco, Burnet, Caldwell, Fayette, Hays, Lee, Llano, Travis, Williamson; (16) Area P-Atascosa, Bandera, Bexar, Comal, Dimmit, Edwards, Frio, Gillespie, Guadalupe, Karnes, Kendall, Kerr, Kinney, La Salle, Maverick, Medina, Real, Uvalde, Val Verde, Wilson, Zavala; (17) Area Q-Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Harris, Liberty, Matagorda, Montgomery, Walker, Waller, Wharton; (18) Area R-Jefferson, Hardin, Orange; (19) Area S-Calhoun, Dewitt, Goliad, Gonzales, Jackson, Lavaca, Victoria; (20) Area T-Jim Hogg, Webb, Zapata; (21) Area U-Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, McMullen, Nueces, Refugio, San Patricio; and (22) Area V-Cameron, Hidalgo, Starr, Willacy. sec.157.123. Regional Advisory Councils. (a) A regional advisory council (RAC) shall be established if a trauma service area (TSA) is to reach regional emergency medical services (EMS)/trauma system (system) status. (b) All participating health care entities should have representation on the RAC. (1) Membership status for hospitals for the first six months shall be provisional. (2) Continuing or renewed membership status for hospitals will be dependent upon a commitment to trauma care, as demonstrated by trauma facility designation or involvement in the designation process as described in sec.157.125 of this title (relating to Requirements for Trauma Facility Designation). (c) The RAC shall develop a system plan based on standard guideines for comprehensive system development. The system plan is subject to approval by the Bureau of Emergency Management (bureau). (d) The bureau shall recognize only one official RAC for a TSA or a group of TSAs. (e) The RAC is a voluntary entity which functions without the expectation of state funding. (f) RACs may request technical assistance from the bureau at any time. sec.157.124. Regional EMS/Trauma Systems. (a) The Bureau of Emergency Management (bureau) shall recognize the establishment of a regional emergency medical services (EMS)/trauma system (system) within a trauma service area (TSA) as outlined in sec.157.122 of this title (relating to Trauma Service Areas). (b) For a TSA to be recognized as a system, a RAC, organized as described in sec.157.123 of this title (relating to Regional Advisory Councils), shall submit an application to the bureau, which includes the organizational structure of the RAC. (c) The bureau shall review the application and submitted material to assure that: (1) all counties within the TSA have been included unless a specific county, or portion thereof, has been named within an adjacent system; (2) all health care entities and interested specialty centers have been given an opportunity to participate in the planning process; and (3) the following have been addressed: (A) medical oversight; (B) prehospital triage criteria; (C) diversion policies; (D) bypass protocols; (E) regional medical control; (F) facility triage criteria; (G) inter-hospital transfers; (H) planning for the designation of trauma facilities, including the identification of the lead facility(ies); and (I) a quality management program that evaluates outcome from a system perspective. (d) Bureau approval of the completed application shall qualify health care entities participating in the system to receive state funding for trauma care when funding is made available. (e) Annually, on a form provided by the bureau, the RAC shall file a report with the bureau which describes progress toward system development and includes evidence that members of the RAC are currently involved in trauma care. sec.157.125. Requirements for Trauma Facility Designation. (a) The Bureau of Emergency Management (bureau) shall recommend to the commissioner of health (commissioner) the designation of trauma facilities by levels of care capability as defined by the publications titled "Texas Trauma Facility Criteria" (criteria), "Qualifications of Texas Trauma Care Personnel," and/or "Pediatric Trauma Care" which the Texas Department of Health adopts by reference in sec.157.121 of this title (relating to Purpose). The levels are as follows: (1) Level I-comprehensive trauma facility; (2) Level II-major trauma facility; (3) Level III-general trauma facility; and (4) Level IV-basic trauma facility. (b) The designation process shall consist of three phases. (1) The first phase is the application phase which begins with completing and submitting to the bureau an application and nonrefundable fee as outlined in sec.157.126 of this title (relating to Fees) for designation as a trauma facility and ends when the bureau recommends a site survey (survey); (2) The second phase is the review phase which begins with the survey and ends with a bureau recommendation to the commissioner to designate the hospital; (3) The third phase is the final phase which begins with the commissioner reviewing the recommendation and ends with his/her final decision. This phase also includes an appeal procedure for the denial of a designation application in accordance with the Department of Health's formal hearing procedures as outlined in Chapter 1 of this title (relating to Texas Board of Health). (c) A secondary review shall be utilized in the event the bureau recommendation (of whether or not) to designate differs from the findings of the survey team. A secondary review shall also be used when a hospital does not agree with a bureau request for specific corrective action prior to recommending designation. (d) The bureau may provide technical assistance to all hospitals throughout the three phases of the designation process for the purpose of answering questions and clarifying the process. (e) The bureau's analysis of submitted application materials, which may result in recommendations for corrective action when deficiencies are noted, shall include a review of: (1) the evidence of participation in system planning; (2) the completeness of the application materials submitted; and (3) the hospital's self-study for comparison with the criteria. (f) When the application phase results in a bureau recommendation for a survey, the bureau shall notify the hospital to contract for the survey, as follows. (1) A hospital may choose to request a survey by an American College of Surgeons survey team, or may request the bureau to approve an alternate survey team. (2) The hospital shall notify the bureau of the date of the planned survey. (3) The hospital shall be responsible for any costs associated with the survey. (4) The bureau may appoint an observer to accompany the survey team. In this event, the cost for the observer shall be borne by the bureau. (g) The survey team composition shall be as follows. (1) A survey team for a comprehensive, major, or lead general trauma facility applicant, shall be multidisciplinary and include at a minimum: a general surgeon, an emergency physician, and a trauma nurse all active in the management of trauma patients. The inclusion of a neurosurgeon on the survey team for a potential comprehensive or major trauma facility is recommended. (2) Other general trauma facility applicants shall be surveyed by a survey team consisting of a nurse and a surgeon both active in the management of trauma patients and a bureau representative. (3) Basic trauma facility applicants shall be surveyed by a bureau representative or a bureau approved consultant. (4) It is recommended that a pediatric trauma surgeon and/or pediatric trauma nurse be a member of the survey team for review of a pediatric trauma facility applicant. (5) Any member of the survey team should come from a public health region outside the hospital's location and at least 100 miles from the applicant hospital. (h) When an applicant hospital is notified of the survey team composition, it has 15 postmark days to alert the bureau of potential conflict of interest concerns. (i) From the date the survey team is selected and prior to the survey, the applicant's administration, faculty, medical staff, employees, and representatives are prohibited from having any discussions regarding the upcoming survey with any survey team member except as directed by the bureau. A violation of this provision may be grounds for delaying the survey and reorganizing the composition of the survey team. (j) The survey team shall evaluate the quality of each hospital's compliance with the requirements set forth in the criteria, by: (1) reviewing medical records, staff rosters and schedules, quality management committee meeting minutes, and other documents relevant to trauma care; (2) reviewing equipment and the physical plant; and (3) conducting interviews with hospital personnel. (k) Findings of the survey team shall be forwarded to the bureau within 90 days. (1) The bureau shall review the findings for compliance with the criteria. If a hospital does not meet the criteria for the level of designation for which it applied, the bureau may discuss designation at a lower level with the hospital. (2) A recommendation for designation shall be made to the commissioner based on compliance with the criteria. (3) In the event there is a problem area in which a hospital does not comply with the criteria, the bureau shall notify the hospital of deficiencies and recommend corrective action. (A) The hospital shall submit a report to the bureau which outlines the corrective action taken. If the report substantiates action that brings the hospital into compliance with the criteria, the bureau shall recommend designation to the commissioner. (B) If the hospital disagrees that there is need for corrective action, the bureau shall refer the complete file to the trauma technical advisory committee (TTAC) for review. (C) If TTAC disagrees with the bureau recommendation for corrective action, the records shall be referred to the deputy commissioner of health for review. (l) The bureau shall provide a copy of the survey report and results to the applicant hospital. (m) At the end of the secondary review and final phases of the designation process, if a hospital disagrees with the bureau recommendations, opportunity for an appeal in accordance with the Department of Health's formal hearing procedures as outlined in Chapter 1 shall be offered. (n) The bureau may grant an exception to this section if it finds that compliance with this section would not be in the best interests of the persons served in the affected local system. (o) The applicant hospital shall have the right to withdraw its application at any time prior to being awarded trauma facility designation by the bureau. (p) If the commissioner concurs with the bureau recommendation, a letter of notification shall be forwarded to the hospital. If the decision is to designate, the hospital shall receive a certificate of designation for three years. (q) When a facility has been designated for a period of three years, it shall be necessary to repeat the designation process as outlined in this section. (r) A designated trauma facility shall: (1) notify the bureau and the regional advisory council (RAC) within five days if temporarily unable to comply with designation standards; (2) notify the bureau and the RAC if it chooses to no longer provide trauma services commensurate with its designation level, as follows. (A) If the trauma facility chooses to apply for a lower level of designation, it may do so at any time; however, it shall be necessary to repeat the designation process as outlined in subsections (b)-(e) of this section. There shall be a paper review by the bureau to determine if a full survey shall be required. (B) If the trauma facility chooses to permanently relinquish its designation, it shall provide at least 30 days' notice to the RAC and the bureau. (3) comply with the provisions within these sections, all current state and system standards as outlined in this chapter, and all policies, protocols, and procedures as set forth in the system plan; (4) continue its commitment to provide the resources, personnel, equipment, and response as required by its designation level; and (5) participate in the state trauma registry as outlined in sec.157.129 of this title (relating to State Trauma Registry). (s) After September 1, 1993, a hospital may not use the terms "trauma facility," "trauma hospital," "trauma center," or similar terminology in its signs or advertisements or in the printed materials and information it provides to the public unless the hospital has been designated as a trauma facility according to the process outlined in this section. This subsection also applies to hospitals whose designation has lapsed. (t) A trauma facility shall not advertise or publicly assert in any manner that its trauma facility designation affects its care capabilities for non-trauma patients or that its trauma facility designation should influence the referral of non-trauma patients. (u) The bureau shall have the right to review, inspect, evaluate, and audit all trauma patient records, trauma quality management committee minutes, and other documents relevant to trauma care in any designated trauma facility at any time to verify compliance with criteria. The bureau shall maintain confidentiality of such records to the extent authorized by the Open Records Act, Texas Civil Statutes, Article 6252-17a. Such inspections shall be scheduled by the bureau when appropriate. sec.157.126. Fees.
                                                                                                                                                                                                                                                                                                                                      The Bureau of Emergency Management shall charge a nonrefundable application fee for a hospital to be designated as a trauma facility as follows. (1) For comprehensive and major trauma facility applicants, the fee will be no more than $3.00 per licensed bed with an upper limit of $3,000 and a lower limit of $100. (2) For general trauma facility applicants, the fee will be no more than $2.00 per licensed bed with an upper limit of $2,000 and a lower limit of $100. (3) For basic trauma facility applicants, the fee will be no more than $1.00 per licensed bed with an upper limit of $1,000 and a lower limit of $100. sec.157.127. Complaints.
                                                                                                                                                                                                                                                                                                                                        Upon receipt of a complaint describing an alleged violation(s) of these sections, the Bureau of Emergency Management shall: (1) initiate a review of the complaint; (2) notify the entity of the complaint and the review procedures, if appropriate; (3) develop a written report of the review; and (4) notify the entity of the results of the review. sec.157.128. Denial, Suspension, and Revocation of Trauma Facility Designation. (a) A hospital's aplication for designation may be denied or a trauma facility's (facility) designation may be suspended or revoked for, but not limited to, the following reasons: (1) failure to comply with these sections, current state and/or regional emergency medical services (EMS) /trauma system (system) guidelines as outlined in this chapter, and all policies, protocols, and procedures as set forth in the approved system plan; (2) willful preparation or filing of false reports or records; (3) fraud or deceit in obtaining or attempting to obtain designation status; (4) refusal to submit data to the state trauma registry as described in sec.157.129 of this title (relating to State Trauma Registry); (5) incompetence, negligence, or misconduct in operating the facility; (6) failure to have appropriate staff or equipment required for designation as described in sec.157.125 of this title (relating to Requirements for Trauma Facility Designation); (7) abuse or abandonment of a patient; (8) unauthorized disclosure of medical or other confidential information; (9) alteration or inappropriate destruction of medical records; (10) refusal to render care because of a patient's race, sex, creed, national origin, sexual preference, age, handicap, medical problem, or inability to pay; or (11) criminal conviction(s) as outlined in Texas Civil Statutes, Articles 6252-11c and 6252-11d. (b) Occasional failure of a hospital or facility to meet its obligations shall not be grounds for denial, suspension, or revocation by the bureau, if the circumstances under which the failure occurred: (1) do not reflect an overall deterioration in quality of and commitment to trauma care; and (2) are corrected within a reasonable time frame by the hospital or facility. (c) If the bureau proposes to deny, suspend, or revoke a designation, the bureau shall notify the hospital or facility by registered or certified mail at the last address shown in the bureau records. The notice shall state the alleged facts that warrant the action and state that the hospital or facility has an opportunity to request a hearing in accordance with the Department of Health (department) formal hearing procedures as outlined in Chapter 1 of this title (relating to Texas Board of Health). (1) The hospital or facility shall request a hearing within 15 postmark days after the date of the denial, suspension, or revocation notice. This request shall be in writing and submitted to the bureau chief. If a hearing is requested, the hearing shall be held in accordance with the department formal hearing procedures as outlined in Chapter 1. (2) If the hospital or facility does not request a hearing in writing, after being sent the notice of opportunity for hearing, it is deemed to have waived the opportunity for a hearing and the denial, suspension, or revocation decision shall stand. (d) Six months after the denial of a hospital's application for designation, the hospital may reapply for trauma facility designation as outlined in sec.157.125. (e) When a designation has been suspended, the suspension shall be in effect a minimum of 10 days. Upon completion of the assigned suspension time, designation shall resume. (f) One year after the revocation of a facility designation, the hospital may petition the bureau, in writing, for reapplication of designation status. However, the bureau may deny the opportunity to reapply if the bureau determines that the reason for the revocation continues to exist. If the application is allowed, the hospital shall meet the requirements as described in sec.157.125. sec.157.129. State Trauma Registry. (a) The Bureau of Emergency Management (bureau) shall develop and maintain a trauma reporting and analysis system to: (1) identify major or severe trauma patients within each health care entity in this state; (2) identify the total amount of uncompensated trauma care expenditures made each fiscal year by each health care entity in this state; and (3) monitor trauma patient care within each health care entity and regional emergency medical services (EMS)/trauma system (system) in this state. (b) Each health care entity shall collect a standard data set as defined in the publications titled "Prehospital Standard Data Set" and the "Hospital Standard Data Set" which the Texas Department of Health (department) adopts by reference in sec.157.121 of this title (relating to Purpose) and provide such data to the bureau, as follows: (1) prehospital providers shall submit trauma data by: (A) an annual run response summary; or (B) bureau approved medium; (2) hospitals and trauma facilities shall submit trauma data by: (A) the department's annual hospital survey; or (B) bureau approved medium; and (3) rehabilitation programs shall submit trauma data by: (A) an annual aggregate standard data summary; or (B) bureau approved medium. (c) All health care entities shall submit trauma data to the state trauma registry on a quarterly basis by bureau approved medium by August 31, 1996. (d) The bureau shall provide annual summary data to the systems. (e) The bureau shall maintain confidentiality of all records to the extent authorized by the Open Records Act, Texas Civil Statutes, Article 6252- 17a. 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 29, 1991. TRD-9110649 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: November 27, 1991 For further information, please call: (512) 458-7550 Chapter 325. Solid Waste Management Subchapter A. General Information The Texas Department of Health (department) proposes an amendment to existing sec.325.5 and new sec.sec.325.1101-325.1109, concerning solid waste management. Section 325.5 covers definitions and new sec.sec.325.1101-325. 1109 covers the management of lead acid batteries. The amendment will add definitions of various words and terms which are contained in the new sections. The new sections contain requirements for persons who generate, handle, recycle, and/or dispose of lead-acid batteries. The amendments and new sections will implement requirements of Senate Bill 1340, 72nd Texas Legislature, 1991, which became law on September 1, 1991. Stephen Seale, Chief Accountant III, Budget Division, Texas Department of Health, has determined that for the first five-year period the sections are in effect there will be fiscal implications for state government as a result of enforcing or adminstering the sections. The additional cost to state government to cover the expense of producing and distributing the signs, which are specifically required by Senate Bill 1340, and to properly enforce the regulatory provisions of the proposed sections is estimated to be approximately $46,400 for the first year and $17,700 for each of the following four years. There will be no fiscal implications to local government. Mr. Seale also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be protection against possible contamination of ground and surfaces water, soil, and air. The effect on large and small businesses will be an increased cost to each wholesale and retail battery dealer ranging from $50 to $500 per year for recordkeeping and used battery receipt requirements. There will be no direct cost to persons who are required to comply with the sections as proposed. There will be no impact on local employment. A public hearing on these proposed rules is scheduled for 10 a.m., September 25, 1991, in the Auditorium of the Texas Department of Health, 1100 West 49th Street, Austin, Texas. Also, written comments will be considered if they are received by 5:00 p.m. Friday, October 11, 1991. Written comments should be mailed to Mr. T. A. Outlaw, Jr., P.E., Chief, Bureau of Solid Waste Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. Telephone inquiries may be made by contacting Mr. Michael Graeber at (512) 458-7271. 25 TAC sec.325.5 (Editor's Note: The Texas Department of Health proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.) The amendment is proposed under the Solid Waste Disposal Act, Health and Safety Code, sec.361.024, which provides the Texas Board of Health with the authority to adopt rules to manage and control municipal solid waste; sec.12.011, which provides the Texas Board of Health 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; and Senate Bill 1340, 71st Legislature, concerning the management of lead-acid batteries. 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 30, 1991. TRD-9110684 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: December 7, 1991 For further information, please call: (512) 458-7271 Subchapter E. Permit Procedures and Design Criteria. Application Review Process. 25 TAC sec.325.93 (Editor's Note: The Texas Department of Health proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended sections is in the Emergency Rules section of this issue.) The Texas Department of Health (department) proposes an amendment to sec.325. 93 under Subchapter E concerning permit procedure and design criteria. Section 325.93 covers scheduling and preparation for a public hearing. The amendments will update the Municipal Solid Waste Management Regulations so as to make them consistent with the requirements in Senate Bill 1099 which will become effective on September 1, 1991. Senate Bill 1099 establishes changes concerning the number of persons required to be notified by mail of any scheduled public hearing on an application for a permit for a solid waste facility, and the way such notifications are to be provided. Mailed notifications will be required regardless of the type of solid waste facility permit being sought. Presently, the requirement for mailed notifications applies only to landfill sites. At the same time, the bill reduces, from three-quarters mile to one-half mile, the distance from the boundaries of a solid waste site, or proposed site, which determine which residents, businesses, and property owners are required to be provided mailed notices of hearings. Stephen Seale, Chief Accountant III, Budget Division, has determined that for the first five years that the section will be in effect there will be no fiscal implications to state government as a result of administering the section as proposed. However, there will be either costs or savings to local governments which are permit applicants, depending on the type of solid waste facility for which the applicant seeks a permit or permit amendment. Local government applicants that will incur increased permitting costs as a result of the proposed amendments are those seeking permits or permit amendments for solid waste sites other than landfills. Presently, such applicants have no legal requirement to mail to area property owners notices of scheduled public hearings. The increased costs to the local government applicants will range from $100 to $2,500 per permitting event, depending on the number of individual businesses, residents, and property owners located near the site and on the degree of difficulty in compiling necessary mailing lists. Applicants seeking landfill permits or permit amendments could obtain savings up to $1,000 per permitting event, due both to the reduced number of notices required to be mailed and to the lower cost of regular postage as opposed to certified postage. Mr. Seale also has determined that for each year of the first five years the section is in effect the public benefits anticipated as a result of administering the section as proposed will be protection against possible contamination of ground and surface water, soil, and air. Small and large businesses which are permit applicants will incur costs to the same extent as the previously mentioned local governmental entities. There will be no direct cost to persons and no impact on local employment. A public hearing on these proposed rules is scheduled for 10 a.m., Wednesday, September 25, 1991, in the Auditorium of the Texas Department of Health, 1100 West 49th Street, Austin. Also, written comments will be considered if they are received by 5 p.m. Friday, October 11, 1991. Written comments should be mailed to T. A. Outlaw, Jr., P.E., Chief, Bureau of Solid Waste Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199. Inquiries by phone may be made by contacting L. D. Hancock at (512) 458-7271. The amendment is proposed under the Solid Waste Disposal Act, Health and Safety Code, sec.361.024, which authorizes the Texas Board of Health to adopt rules to manage and control municipal solid waste; Health and Safety Code, sec.12. 011, which provides the Texas Board of Health 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; and Senate Bill 1099, 72nd Legislature, 1991, which establishes changes concerning the number of persons required to be notified by mail of any scheduled public hearing on an application for a permit for a solid waste facility, and the way such notifications are to be provided. 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 30, 1991. TRD-9110687 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: December 7, 1991 For further information, please call: (512) 458-7271 Subchapter Z. Waste Minimization and Recyclable Materials Management of Lead-Acid Batteries 25 TAC sec.sec.325. 1101-325.1109 (Editor's Note: The Texas Department of Health proposes for permanent adoption the new sections it adopts on an emergency basis in this issue. The text of the new sections is in the Emergency Rules section of this issue. The new sections are proposed under the Solid Waste Disposal Act, Health and Safety Code, sec.361.024, which provides the Texas Board of Health with the authority to adopt rules to manage and control municipal solid waste; sec.12.011, which provides the Texas Board of Health 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; and Senate Bill 1340, 71st Legislature, concerning the management of lead-acid batteries. 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 30, 1991. TRD-9110685 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: December 7, 1991 For further information, please call: (512) 458-7271 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.7.36 The State Board of Insurance proposes new sec.7.36, concerning required reporting by workers' compensation insurers. The new section was adopted on an emergency basis and became effective on July 24, 1991, after amendment of an earlier adoption on an emergency basis effective on May 22, 1991. Notification of the amended adoption on an emergency basis appeared in the July 30, 1991, issue of the Texas Register (16 TexReg 4119). Notification of the earlier adoption on an emergency basis had appeared in the May 31, 1991, issue of the Texas Register (16 TexReg 2983). The new section is necessary to provide for the proper functioning of administrative regulation of the business of workers' compensation insurance and related matters in Texas and to enable the board to effect timely compliance with the provisions of the Insurance Code, Article 5.61. New sec.7.36 provides insurers with the requirements, instructions, and forms for complying with the Insurance Code, Article 5.61, and for preparing the required audited report of reserves. The new section would include the adoption by reference of a new Form WCR-1 and instructions for use by all insurers subject to the provisions of this subchapter and the Insurance Code, Article 5.61. The board has filed a copy of the form and instructions with the Office of the Secretary of State, Texas Register Section. Persons desiring copies of the form and instructions can obtain copies from the Financial Analysis Unit, Mail Code 303-1A, State Board of Insurance, William P. Hobby State Office Building, 333 Guadalupe Street, P.O Box 149099, Austin,Texas 78714-9099. Stephen S. Durish, deputy insurance commissioner for financial regulation, has determined that, for the first five-year period the section is in effect, there will be no fiscal implications for local government as a result of enforcing or administering the section, and there will be no effect on local employment or local economy. The cost to state government will approximate $1, 500 each year, if diskettes are distributed to the approximately 400 companies required to file. Distribution of materials and interpretation of results will be done by existing staff at no additional cost to the state if possible. In the event that questionable trends are detected from the data required by the section, actuarial consultation may be necessary at additional cost to the state. Mr. Durish also has determined that, for each year of the first five years the section is in effect, the public benefit anticipated as a result of enforcing the section will be more effective regulation of the reserves of workers' compensation insurers, more effective monitoring and greater protection against insurer insolvency due to the required filing of the audited reports, and more accountability to both the consumer and the public. The anticipated economic cost to small businesses and to other persons who are required to comply with the section as proposed will be the cost of establishing a program for capturing and accumulating required data and for having such data audited by an independent certified public accountant, which may range from three or four thousand dollars to 15 or 20,000 dollars. These costs are an estimate and will vary depending upon the accounting firm selected, the ability of any current data base to capture the required data, and the extent to which the audit required by this section can be included in the cost of an audit required elsewhere by rule or statute. On the basis of cost per hour of labor, there will be no difference in cost of compliance between small businesses and larger businesses. Comments on the proposal may be submitted to Scott Nance, Director of the Financial Analysis Unit, Mail Code 303-1A, State Board of Insurance, William P. Hobby State Office Building, 333 Guadalupe Street, P.O. Box 149099, Austin,Texas 78714-9099. The new section is proposed under the Insurance Code, Articles 1.04, 5.61, and 5.62. The Insurance Code, Article 1.04, authorizes the State Board of Insurance to determine rules in accordance with the laws of this state. Article 5.61(b) requires each workers' compensation insurer to provide an audited report concerning reserves in accordance with the rules of the board. Article 5.62 authorizes the State Board of Insurance to make and enforce rules necessary to carry out the provisions of the Insurance Code, Chapter 5, Subchapter D, concerning regulations of workers' compensation insurance. sec.7.36. Audited Report of Workers' Compensation Reserves. (a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Accountant-An independent certified public accountant or accounting firm that is in good standing with the American Institute of CPAs and that holds a valid, current license to practice accounting in each state in which the accountant or accounting firm acts as an accountant. (2) Annual statement-The annual statement (association edition) to be used by fire and casualty insurance companies, as promulgated by the National Association of Insurance Commissioners and as adopted each year by the State Board of Insurance under this chapter. (3) Board-The State Board of Insurance of the State of Texas. (4) Commissioner-The commissioner of insurance of the State of Texas, appointed under the Insurance Code, Article 1.09. (5) Direct Texas workers' compensation business-The workers' compensation insurance premiums and losses in Texas of any primary insurer: (A) after adjustment for additional or return premiums but before deduction of any premiums for reinsurance ceded; and (B) without inclusion of any premiums for reinsurance assumed; and (C) without inclusion of business written on behalf of, and ceded to, the Texas Workers' Compensation Facility (formerly the Texas Workers' Compensation Assigned Risk Pool). (6) Insurer- (A) an insurer which is authorized to write and which has written workers' compensation insurance in this state within the past five years; or (B) an insurer which is not currently authorized to write but which has been authorized to write and which has written workers' compensation insurance in this state within the past five years. (7) Texas Workers' Compensation Facility business-business written by a servicing carrier of the Texas Workers' Compensation Facility (facility) and ceded to the facility and business written under the small premium plan and ceded to the facility. (b) This section, and the instructions and forms adopted under this section, apply to all insurers which transact workers' compensation business in this state or which were authorized to write and have written workers' compensation insurance within the past five years. As used in this section, the word "insurer" includes any other entity using and reporting on any form adopted under this section. The State Board of Insurance adopts by reference the instructions and form specified in this section. These instructions and this form are published by the State Board of Insurance and may be obtained from the Financial Analysis Unit Mail Code 303-1A, State Board of Insurance, William P. Hobby State Office Building, 333 Guadalupe Street, P.O. Box 149099, Austin, Texas 78714-9099. Each insurer or other entity shall follow such instructions and use and report on such forms as appropriate to its operation. The board may separately require the Texas Workers' Compensation Facility to provide data on business ceded to the facility. (c) Each insurer shall complete Form WCR-1 and shall provide at a minimum the information requested in the form. The contents of Form WCR-1 shall be derived from the books and records maintained by the insurer, and data therein shall be included in the applicable schedules and exhibits of the insurer's most recent annual statement. Each insurer shall update yearly the contents of any Form WCR-1 to provide the most recent 10 years of data for Part I and the most recent six years of data for Parts II-V. (d) The insurer shall cause an audit to be conducted by an independent certified public accountant of the data contained in the Form WCR-1 and in other statements required by this section. No exemptions from this requirement shall be permitted. The insurer shall deliver the original audited report annually to the Financial Analysis Unit of the State Board of Insurance on or before June 30th. (e) The audited report shall include the following: (1) the opinion of the accountant, which shall address the validity of data reported and not the adequacy of reserves; (2) a statement of premium, losses, and loss development on direct Texas workers' compensation business, excluding Texas Workers' Compensation Facility business, as prescribed by Form WCR-1; (3) any notes to the statement required in paragraph (2) of this subsection; (4) an explanatory statement, including specific references to annual statement page and line numbers and to the timing of entries, of the insurer's method of recording, on a direct, assumed, ceded, and net basis: (A) written premium; (B) earned and unearned premium; (C) uncollected premiums on asset lines 9.1, 9.2, 9.3, and 11 of the annual statement, page 12; (D) uncollected premiums charged off; (5) a statement that the audited Texas data provided under paragraphs (2), (3), and (4) of this subsection agree with Texas data reported in the insurer's most recent annual statement or are included in the applicable total amounts as reported in the insurer's most recent annual statement, or, in the absence of such statement, a reconciliation of any differences between the audited statutory forms or statements and information included in the annual statement, with a written description of the nature of these differences; (6) supplementary data and information, including any additional data or information required by the commissioner or the State Board of Insurance. (f) The insurer shall also make a filing of Form WCR-1 in diskette form in the manner set forth under separate letter. Formatted diskettes will be furnished initially by the Financial Analysis Unit of the State Board of Insurance and shall be completed by the insurer with the same data reflected in the hard copy filing. Completed diskettes shall be included with the filing of the required audited report. 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 29, 1991. TRD-9110656 Nicholas Murphy Chief Clerk State Board of Insurance Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 463-6327 Part II. Texas Workers' Compensation Commission Chapter 134. Benefits-Guidelines for Medical Services, Charges, and Payments Subchapter C. Medical Fee Guidelines 28 TAC sec.134.201 The Texas Workers' Compensation Commission proposes new s134.201, concerning fee guidelines to establish maximum allowable fees for medical services provided, and durable medical equipment sold or rented, to injured workers under the workers' compensation laws of Texas. The guideline will apply to treatments and services rendered to injured workers, on and after the effective date of the adopted fee guideline, estimated to be around October 1, 1991. The proposed guideline is the August 1, 1991 version of the medical fee guideline, 2nd edition, which has been developed through months of public input, including informal input from provider groups, input from the Medical Advisory Committee established under the Workers' Compensation Act, Texas Civil Statutes, Article 8308-8.23, written comment in response to guidelines published under 28 TAC sec.42.105 and sec.134.200, and two public hearings on those sections. The proposed section establishes guidelines for maximum charges made for medical services rendered by health care providers, excluding hospitals and ambulatory surgical centers, and for transfers (rentals or sales) of certain durable medical equipment. The section adopts by reference the publication of a new fee guideline manual, called the 1991 Texas Workers' Compensation Commission Medical Fee Guideline (August 1991 Version). The medical fee guideline uses a relative value scale in conjunction with the 1990 Physicians' Current Procedural Terminology (CPT), a publication of the American Medical Association. The fee guideline is divided into the following sections: medicine, surgery, anesthesia, radiology, pathology, and durable medical equipment with a pharmaceutical fee guideline adopted as sec.134.501 included for reference. The section adds ground rules not previously included in the medical fee guidelines used to administer the workers' compensation laws. The section requires that the maximum allowable charge for medical services will be the lesser of: the provider's usual fees and charges; or the charge established by use of the medical fee guideline for services rendered under the Texas Workers' Compensation Act, which is published in the manual incorporated into the section. The section states that copies of the guideline may be obtained from Reprographics Department, Texas Workers' Compensation Commission, the Southfield Building, 4000 South IH-35, Austin, Texas 78704. Drew Thigpen, associate director for financial management, has determined that for the first five-year period the section is in effect the fiscal implications for state or local governments who act as self-insureds for workers' compensation insurance may be an increase or a reduction in costs due to revision of the medical fee guidelines. There will be no fiscal implications for state or local governments who do not act as self-insureds, as a result of enforcing or administering the section. There is no anticipated impact on employment, locally or statewide, as result of implementing the section. Mr. Thigpen 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 the implementation of the Texas Workers' Compensation Act as adopted by recent legislation and the implementation of medical cost containment measures designed to assure quality of medical care as required by that Act. Additional public benefit will result from the addition of guidelines for procedures, and for durable medical equipment, for which no guidelines were previously established and from the addition of clear ground rules for payment for certain services. It is anticipated that these additions to the guidelines will lessen the number of disputes that previously arose over the "fair and reasonable charge" for procedures and services not covered by earlier guidelines. This, in turn, should speed payments to health care providers. The cost of compliance for small businesses which work for insurance carriers may be an increase or decrease in costs due to the revision of medical fees and charges. Small businesses, as insured employers, may experience a reduction in workers' compensation premiums as a result of the revised fee guidelines. The cost of compliance for small businesses compared with the cost of compliance for large businesses should be proportionately the same. The anticipated economic cost to persons who are required to comply with this section as proposed will include the cost of the new guideline of $15 per copy for the final published version. There will be undeterminable costs to participating health care providers who are required to comply with the section to update billing systems to include new codes and amounts. Also, there may be decreases in revenues for participating health care providers as a result of the revised fees. The benefits to the public should outweigh the additional costs which various parties may incur, as recited herein. Comments on the proposal may be submitted to Susan M. Kelley, General Counsel, Texas Workers' Compensation Commission, 4000 South IH-35, Austin, Texas 78704. Comments will be accepted for 30 days after publication of this proposal in the Texas Register. The guideline is available for inspection at the commission, or may be purchased for $15 from Reprographics as stated in the proposed section. Copies of the guideline are also available for inspection (but not duplication or sale) at all commission field offices. Requestors should specify that the guideline being sought is the medical fee guideline, 2nd Edition dated August 1, 1991. The new section is proposed under Texas Civil Statutes, Article 8308, sec.2. 09(a), which authorize the commission to adopt rules necessary to administer the Texas Workers' Compensation Act; and sec.8.01(a), which authorized the commission to establish by rule medical policies and fee guidelines governing the provision and payment of medical services; and sec.8.21(a) and (b), which authorize the commission to establish rules that include fair and reasonable guidelines relating to the payment of fees for specific medical treatments or services. sec.134.201. Medical Fee Guideline for Medical Services and Equipment Provided Under the Texas Workers' Compensation Act. (a) The maximum allowable charge for medical services rendered to injured employees in accordance with the Texas Workers' Compensation Act is the 1991 Texas Workers' Compensation Commission Medical Fee Guideline
                                                                                                                                                                                                                                                                                                                                          , which is the lesser of: (1) the provider's usual fees and charges; or (2) the fees and charges established by use of a relative value scale under subsection (c) of this section. (b) The maximum allowable charge for the purchase or rental of durable medical equipment is the lessor of: (1) the provider's usual fees and charges; or (2) the fees and charges established in the durable medical equipment section of the medical fee guideline. (c) The commission adopts by reference herein, a relative value scale used in conjunction with the 1990 Physicians' Current Procedural Terminology
                                                                                                                                                                                                                                                                                                                                            (CPT) as part of the medical fee guideline for services rendered under the Texas Workers' Compensation Act. The guideline is published as the 1991 Texas Workers' Compensation Commission Medical Fee Guideline
                                                                                                                                                                                                                                                                                                                                              (August 1991 version), which is adopted herein by reference. The guideline shall be effective for all medical services rendered on and after the effective date of this section, and durable medical equipment prescribed. Copies of the guideline may be obtained from the Reprographics Department of the Texas Workers' Compensation Commission, 4000 South IH-35, Southfield Building, Austin, Texas 78704. 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 September 4, 1991. TRD-9110804 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 440-3972 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter O. State Sales and Use Tax 34 TAC sec.3.297 The Comptroller of Public Accounts proposes an amendment to sec.3.297, concerning carriers. An amendment was proposed for this section and published on December 7, 1990, (15 TexReg 7010). This amendment was never adopted. The amendment to this section incorporates changes made during the 1989 legislative session. The amendment allows an exemption for machinery, tools, and equipment used by persons repairing aircraft for certificated or licensed carriers and an exemption for tangible personal property that is permanently attached to the certificated or licensed carrier of persons or property. The amendment distinguishes between the type of items that are exempted and those that are taxable. The exemptions provided by the legislature are effective September 1, 1989. An amendment also removes the requirement that an owner or operator of a vessel operating exclusively in foreign or interstate coastwise commerce issue an exemption certificate listing the foreign or interstate destination of the vessel. Tom Plaut, chief revenue estimator, has determined that for the first five-year period the section is in effect there will be no significant revenue impact on the state or local government. This section is adopted under the Tax Code, Title 2, and does not require a statement of fiscal implications for small businesses. Dr. Plaut also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be in providing new information regarding tax responsibilities under changes made by the legislature. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Lucy Glover, Manager, Tax Administration Division, P.0. Box 13528, Austin, Texas 78711. The amendment is proposed under the Tax Code, 111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. sec.3.297. Carriers. (a) Carriers generally. (1) (No change.) (2) Use tax is not due on carrier devices
                                                                                                                                                                                                                                                                                                                                                [licensed and certificated carriers] acquired outside this state when moved into the state for use in the regular course of business of transporting persons or property by a person qualified under paragraph (a)(1) of this subsection. (3) (No change.) (4) Except as provided under subsection (d) of this section, taxable
                                                                                                                                                                                                                                                                                                                                                  [Taxable] items brought into this state to be assembled into licensed and certificated carrier devices
                                                                                                                                                                                                                                                                                                                                                    [carriers] are not exempt from the taxes imposed by the Tax Code, Chapter 151, Subchapter D. (5) (No change.) (6) Sales tax is due on licensed and certificated carrier devices
                                                                                                                                                                                                                                                                                                                                                      [carriers] purchased under valid resale or exemption certificates which are put to a use other than the one specified in the certificate. The sales tax is based on the fair market rental value of the licensed and certificated carrier device
                                                                                                                                                                                                                                                                                                                                                        for the period of time used. At any time the person using the carrier device
                                                                                                                                                                                                                                                                                                                                                          in a taxable manner may stop paying tax on the fair market rental value and instead pay sales tax on the original purchase price. When the person elects to pay sales tax on the purchase price, credit will not be allowed for taxes previously paid on the fair market rental value. See sec.3.285 of this title (relating to Resale Certificate;
                                                                                                                                                                                                                                                                                                                                                            Sales for Resale[; Resale Certificate]) and sec.3.287 of this title (relating to Exemption Certificates). (b) Vessels. (1)-(3) (No change.) (4) Materials and supplies, including items commonly known as ships' stores and sea stores, sold to owners or operators of ships or vessels operating exclusively in foreign and interstate commerce for use and consumption in the operation and maintenance of such ships or vessels, are exempt from the sales and use tax. (A)-(B) (No change.) (C) Any owner or operator of such vessels shall, when giving an exemption certificate, set forth the title or position of the person issuing the certificate, the name of the vessel on which such items are to be loaded[, and the foreign or interstate destination of such vessel]. (D) (No change.) (5) Closely associated service companies provide servicing operations such as stevedoring, loading, and unloading vessels. Tax is due on taxable items sold, leased, or rented to the service company without regard to the fact that such property may be used on vessels involved in interstate or foreign commerce. (c) Aircraft other than aircraft used by licensed and certificated carriers. (1) The term "aircraft" does not include rockets or missiles, but does include: (A)-(C) (No change.) (2) Sales or use tax is not due on aircraft sold to a nonresident or foreign government [or sold to persons using the aircraft as a licensed and certificated carrier]. (3)-(4) (No change.) [(5) Sales or use tax is not due on aircraft repair and replacement parts acquired within or outside this state and actually affixed in this state to an aircraft qualified under subsection (a)(1) of this section.] (5)
                                                                                                                                                                                                                                                                                                                                                              [(6)] Persons repairing or remodeling aircraft other than aircraft used by persons qualified under subsection (a)(1) of this section should refer to sec.3.359 of this title (relating to Motor Vehicles and Private Aircraft).
                                                                                                                                                                                                                                                                                                                                                                [Sales tax is due on the sale within this state of repair parts or the installation of taxable items in aircraft for nonresidents or foreign governments, unless exported or delivered by the retailer after the sale to an out-of-state destination. A person repairing an aircraft for a lump-sum amount is not a seller but is a consumer of all items installed under a lump-sum repair contract. Sales tax is not due on separately stated installation or delivery charges.] (6)
                                                                                                                                                                                                                                                                                                                                                                  [(7)] Sales or use tax is not due on aircraft purchased and used for the exclusive purpose of pilot training in a licensed course of instruction. Licensed course of instruction means pilot training or instruction conducted by a flight training school which has been certified or granted provisional certification under Federal Aviation Administration Regulations, 14 Code of Federal Regulations, Part 141 1974. Any nonexempt use of the aircraft will cause the purchaser to become liable for the sales tax on either the fair market rental value of the aircraft for the period of nonexempt use or upon the original purchase price. See sec.3.287 of this title (relating to Exemption Certificates). (d) Licensed and certificated carriers. Sales or use tax is not due on aircraft used by persons defined in subsection (a) (1) of this section in the regular course of business of transporting persons or property for hire. (1) The following items or services used in the repair, remodeling, or maintenance of aircraft or aircraft engines or component parts by or for a person qualified under subsection (a)(1) of this section are exempt if purchased by the aircraft owner or operator, by the aircraft manufacturer, or by a repair facility licensed and certified by the appropriate regulatory agency. (A) Machinery, tools, and equipment used or consumed directly and exclusively in the repair, remodeling, or maintenance. Examples of such machinery, tools, and equipment include de-icing equipment and other equipment that is used to repair, or to sustain or support safe, continuous operations or to keep in good working order by preventing the decline, failure, lapse, or deterioration of the aircraft. (B) Repair, remodeling, and maintenance services. (2) Tax is not due on tangible personal property that is permanently affixed or attached as a component part of an aircraft used as a licensed and certificated carrier device of persons or property even though the property may be detached from the aircraft for servicing, maintenance, or other purposes. Exempt component parts include items such as air cargo containers that are secured or attached to the aircraft while in flight, radar equipment or other electronic devices used for navigational or communications purposes, food carts, smoke detectors, fire extinguishers, and seats. (3) Tax is not due on hydraulic fluids, gases, and lubricants used or consumed on or in the aircraft. Cleaning solvents, pillows, blankets, trays, ice for drinks, kitchenware, or toilet articles are not exempt from tax. (4) Machinery, tools, and equipment that support the overall carrier operation such as baggage loading or handling equipment, garbage and other waste disposal equipment, or reservation making or booking machinery and equipment do not qualify for exemption. (e) Taxable uses of tangible personal property purchased tax free. Persons making a taxable use of tangible personal property purchased tax free should refer to sec.3.285 of this title (relating to Resale Certificate; Sales for Resale) and sec.3.287. (f)
                                                                                                                                                                                                                                                                                                                                                                    [(d)] Rolling stock. (1) Sales or use tax is not due on the sale or use of locomotives and rolling stock. (2) Sales or use tax is not due on the fuel or supplies essential to the operation of locomotives and trains if required by federal or state regulation. [(e) Closely associated service companies. Closely associated service companies are those servicing operations such as stevedoring, loading and unloading and otherwise maintaining the carrier, regardless of its type. Tax is due on taxable items sold, leased, or rented to the service company without regard to the fact that such property may be used on carriers involved in interstate or foreign commerce. Repairpersons must comply with the provisions of sec.3.292 of this title (relating to Repairmen).] (g)
                                                                                                                                                                                                                                                                                                                                                                      [(f)] Motor carriers. The sale and use of motor carriers is taxed by the Tax Code, Chapters 152 and 157, and will not be subject to the limited sales and use taxes. 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 28, 1991. TRD-9110574 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 463-4028 Subchapter Q. Franchise Tax 34 TAC sec.3.407 (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 Comptroller of Public Accounts or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Comptroller of Public Accounts proposes the repeal of sec.3.407, concerning tax on debt. The repeal is necessary because taxable long-term debt is no longer part of the franchise tax base. Tom Plaut, chief revenue estimator, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications on state or local government as a result of enforcing or administering the repeal. This repeal is promulgated under the Tax Code, Title 2, and does not require a statement of fiscal implications for small businesses. Mr. Plaut also has determined that there will be no cost or benefit to the public from the repeal of this section. There are no additional costs to persons. Comments on the repeal may be submitted to Lucy Glover, Manager, Tax Administration Division, P.O. Box 13528, Austin, Texas 78711. The repeal is proposed under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. 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 28, 1991. TRD-9110570 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 463-4028 Subchapter Z. Coastal Protection Fee 34 TAC sec.3.693 The Comptroller of Public Accounts proposes new sec.3.693, concerning reporting requirements. Senate Bill 14, adopted in the 72nd Legislature, 1991, requires the comptroller to administer and enforce the collection of the coastal protection fee imposed on crude oil off-loaded from vessels or loaded onto vessels at marine terminals located in Texas. This new section provides for the collection and reporting of the fee. The new section was adopted on an emergency basis on June 5, 1991, and published in the June 14, 1991, issue of the Texas Register (16 TexReg 3235). Tom Plaut, chief revenue estimator, has determined that for the first five-year period the section is in effect there will be no significant revenue impact on the state or local government as a result of enforcing or administering the section. Dr. Plaut also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be in providing guidelines for remitting the tax and measuring the taxable condensate and crude oil. The section also provides a description of the amount of the fee. This section is adopted under the Tax Code, Title 2, and does not require a statement of fiscal implications for small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the new section may be submitted to Lucy Glover, Manager, Tax Administration Division, P.O. Box 13528, Austin, Texas 78711. The new section is proposed under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. sec.3.693. Reporting Requirements. (a) Report and payment required. (1) Each marine terminal operator, or owner of crude oil who is registered with the comptroller to report the fee, shall file a coastal protection fee report with the comptroller stating the number of barrels of crude oil and condensate off-loaded from vessels or loaded onto vessels at marine terminals located in Texas. The volume shall be determined by tank tables compiled to show 100% of the full capacity of the tank or by use of industry standard automatic measuring equipment, and shall be corrected to 60 degrees Fahrenheit. The volume may be reduced by a reasonable allowance for basic sediment and water as determined by tests generally recognized by the industry to be rate accurate. (2) The marine terminal operator shall collect a fee from the owner of the crude oil or condensate and remit the fee to the comptroller. (3) The fee shall be collected only once on the same crude oil or condensate. (b) Amount of fee. (1) Except as provided in paragraphs (2) and (4) of this subsection, the rate of the fee shall be $ .02 per barrel of crude oil or condensate. (2) When the balance in the coastal protection fund has reached $25 million, the commissioner of the General Land Office shall certify that fact to the comptroller. The fee shall not be collected or required to be paid on or after the first day of the second month following the commissioner's certification to the comptroller. (3) If the commissioner of the General Land Office certifies to the comptroller that the balance of the coastal protection fund has fallen below $14 million, the fee shall again be due at the rate of $ .02 per barrel. (4) The rate of the fee shall be $ .04 per barrel of crude oil or condensate when: (A) the commissioner of the General Land Office certifies to the comptroller that: (i)
                                                                                                                                                                                                                                                                                                                                                                        the balance in the coastal protection fund is less than $25 million; and (ii)
                                                                                                                                                                                                                                                                                                                                                                          an unauthorized discharge of oil in excess of 100, 000 gallons has occurred within the previous 30 days; and (iii)
                                                                                                                                                                                                                                                                                                                                                                            expenditures from the fund for response costs and damages are expected to deplete the fund substantially. (B) The fee shall not be collected or required to be paid on or after the first day of the second month following the commissioner's certification to the comptroller that the balance in the coastal protection fund has reached: (i)
                                                                                                                                                                                                                                                                                                                                                                              $25 million; or (ii)
                                                                                                                                                                                                                                                                                                                                                                                any lesser amount that the commissioner determines is sufficient to pay response costs and damages without substantially depleting the fund. (5) The comptroller shall cause to be published in the Texas Register
                                                                                                                                                                                                                                                                                                                                                                                  a notice specifying the date on which collection of the fee must begin or end. (c) Due date of report and payment. (1) Except as provided by sec.3.691 of this title (relating to Reports and Due Dates), the coastal protection fee report and payment are due not later than the last day of the month following the calendar month in which liability for the fee is incurred. (2) A marine terminal operator must file a monthly report even if there is no fee to report during periods when the fee is required to be reported. (d) Penalty. Penalties due on delinquent fees and reports shall imposed as provided by the Tax Code, sec.111.061. (e) Interest. Interest due on delinquent fees shall be imposed as provided by the Tax Code, sec.111.060. 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 28, 1991. TRD-9110572 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 463-4028 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VIII. Commission on Fire Protection Personnel Standards and Education Chapter 243. Continuing Education 37 TAC sec.243.5, sec.243.7 The Commission on Fire Protection Personnel Standards and Education proposes amendments to sec.243.5 and sec.243.7, concerning continuing education to include aircraft rescue and fire protection personnel, fire inspection personnel, and fire and arson investigation personnel. K. R. Ethridge, field representative has determined that there will be minimal fiscal implications as a result of enforcing or administering these sections due to the fact that current resources can be utilized to satisfy the requirements. Mr. Ethridge also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be a better trained fire service due to mandated training for renewal of certification. There will be a minimal economic cost to persons who are required to comply with the sections as proposed. The exact cost per entity will depend upon the number of employees and their present training capability. Many departments have indicated that they presently exceed the minimum standard set by these sections. Comments on the proposal may be submitted to K. R. Ethridge, Field Representative, Commission on Fire Protection, 9800 North Lamar Boulevard, Suite 160, Austin, Texas 78753, (512) 837-9851. The amendments are proposed 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. sec.243.5. Requirements. (a) Continuing education shall be required in order to renew certification for the following disciplines:
                                                                                                                                                                                                                                                                                                                                                                                    [Structure Fire Protection Personnel.] (1) structure fire protection personnel; (2) aircraft rescue and fire protection personnel; (3) fire inspection personnel; and (4) fire and arson investigation personnel. (b) The continuing education requirement for renewal of certification shall consist of the
                                                                                                                                                                                                                                                                                                                                                                                      [20] hours of training specified for each discipline and must
                                                                                                                                                                                                                                                                                                                                                                                        [to] be conducted during the certification period. (c)-(d) (No change.) sec.243.7. Continuing Education For Structure Fire Protection Personnel (a) The continuing education requirement for structure fire protection personnel shall consist of 20 hours of training in either of the tracts specified in subsection (c) of this section. (b)
                                                                                                                                                                                                                                                                                                                                                                                          [(a)] Any person assigned to structure fire fighting during a certification period, who does not serve at least six months in the discipline due to extended sick, injury, or military leave, may be exempted from the continuing education requirement for that certification period only. Such exceptions shall be considered by the commission on an individual basis. (c)
                                                                                                                                                                                                                                                                                                                                                                                            [(b)] Subjects selected to satisfy the continuing education requirement may be selected from either of the following tracts or a combination of the two. (1)-(2) (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-9110664 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 837-9851 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 33. Early and Periodic Screening, Diagnosis, and Treatment (Editor's Note: The Texas Department of Human Services proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.) The Texas Department of Human Services (DHS) proposes the repeal of sec.33.124 and amendments to sec.sec.33.13, 33.122, 33.306, 33.318, and 33.320, concerning periodicity, legal base, exceptions to periodicity, who is eligible, interrupted or incomplete treatment plans, and dental problems discovered by utilization review dentists. The purpose of the repeal and amendments is to comply with House Bill 1367 passed in the 72nd Texas Legislautre, 1991. The repeal and amendments revise the early and periodic screening, diagnosis, and treatment (EPSDT) medical screening periodicity schedule to conform with the frequency recommended by the American Academy of Pediatrics. The amendments allow for medically necessary medical screens to be performed without prior approval outside the periodicity schedule. The amendments also allow payment without prior authorization for medically necessary exceptions to the dental periodicity schedule and for exceptions to medical screening and dental periodicity schedules when necessary to meet federal and state requirements. DHS is simultaneously adopting this action on an emergency basis in this issue of the Texas Register and to be effective September 1, 1991. Burton F. Raiford, interim commissioner, has determined that for the first five-year period the proposed repeal and amendments will be in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal and amendments. Mr. Raiford also has determined that for each year of the first five years the repeal and amendments are in effect the public benefit anticipated as a result of enforcing the sections will be improved access of children to EPSDT program health care services. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed repeal and amendments. Questions about the content of the proposal may be directed to Sharon E. Boatman at (512) 338-6932 in DHS's EPSDT Services, Policy and Program Development. Comments on the proposal may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-214, Texas Department of Human Services 222-E, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register. 40 TAC sec.33.13 The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 29, 1991. TRD-9110608 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: November 1, 1991 For further information, please call: (512) 450-3765 Subchapter I. Periodicity 40 TAC sec.33.122 (Editor's Note: The Texas Department of Human Services proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.) The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 29, 1991. TRD-9110609 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: November 1, 1991 For further information, please call: (512) 450-3765 40 TAC sec.33.124 (Editor's Note: The Texas Department of Human Services proposes for permanent adoption the repeal section it adopts on an emergency basis in this issue. The text of the repeal section is in the Emergency Rules section of this issue.) The repeal is proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 29, 1991. TRD-9110610 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: November 1, 1991 For further information, please call: (512) 450-3765 Subchapter R. Dental Services 40 TAC sec.sec.33.306, 33.318, 33.320 (Editor's Note: The Texas Department of Human Services proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.) The amendments are proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 29, 1991. TRD-9110611 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: November 1, 1991 For further information, please call: (512) 450-3765 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part V. Veterans Land Board Chapter 175. General Rules 40 TAC sec.175.17 (Editor's Note: The Veterans Land Board proposes for permanent adoption the amended section it adopts on an emergency basis in this issue. The text of the amended section is in the Emergency Rules section of this issue.) The Veterans Land Board proposes an amendment to sec.175.17, concerning fees and deposits. The proposed amendment increases the returned check fee to $25, and provides for application, bid, and lease assignment fees. As proposed, this rule would increase the amount that the board charges for processing a returned check from $15 to $25. This amendment would also incorporate the existing application, bid, and mineral lease assignment fees into the rules of the board. Identical emergency action is being filed for simultaneous publication. David Gloier, deputy commissioner for the Veterans Land Board, 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. There will be a cost savings to the Veterans Land Board of $10,000 per year in increased fee income. This is based on an average of 1,000 returned checks per year, on which the fee will be collected. Mr. Gloier 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 by passing the cost of running the veterans programs on to those individuals who utilize the services of the Veterans Land Board, the public will not have to subsidize that expense. There will be no effect on small businesses. The anticipated economic cost to persons who are required to comply with the sections as proposed will be an increased cost of $10 per returned check to any person submitting one to the Veterans Land Board. Comments on the proposal may be submitted to Jim Phillips, General Counsel, General Land Office, 1700 North Congress Avenue, Austin, Texas 78701. The amendment is proposed under the provisions of the Natural Resources Code, sec.161.061 and sec.161.063, which authorizes the Veterans Land Board to adopt rules that it considers necessary or advisable to ensure the proper administration of the Veterans Land Program. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 28, 1991. TRD-9110576 Garry Mauro Chairman Veterans Land Board Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 463-5394 Chapter 177. Veterans Housing Assistance Program 40 TAC sec.177.8, sec.177.9 The Veterans Land Board proposes an amendment to sec.177.8 and sec.177.9, concerning qualifying homes and fees, expenses, and interest. The proposed amendment for sec.177.8 provides that for purposes of the veterans housing assistance program, a modular home and HUD Code manufactured homes are as defined in Texas Civil Statutes, Article 5221f, as amended. It also provides that the board will establish qualification requirements for home improvement loans, whether FHA Title 1 insured, or privately insured. This amendment drops certain references to provisions of Article 5221f which have been repealed, and provides for the use of private mortgage insurance in the home improvement loan program. The proposed amendment for sec.177.9 provides a listing of fees and charges for participating in the housing assistance and home improvement loan programs, provides that such fees and charges are approved as a part of the program and servicing guide, and that such fees shall be consistent with the prudent lending practices prevalent in the residential mortgage lending industry. As proposed, this amendment will clarify the fees to be charged veterans for participating in the housing and home improvement loan programs. It also lists those fees which the board has determined to be prevalent in the residential mortgage lending industry. David Gloier, deputy commissioner for the Veterans Land Board 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. Gloier also has determined that for each year of the first five years sec.177.8 is in effect the public benefit anticipated as a result of enforcing the section will be that by obtaining private mortgage insurance, the board will be able to make home improvement loans for items which under HUD guidelines are currently not eligible for a loan, while at the same time retaining the current safeguards. Also in dropping the reference to the repealed sections of Article 5221f, some confusion concerning modular and HUD code manufactured homes may be eliminated. In sec.177.9, the public benefit will be that participating lenders and veterans will more clearly understand that the fee to be charged in both housing assistance and home improvement loan programs will be consistent with those in the private mortgage lending industry. 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 Jim Phillips, General Counsel, General Land Office, 1700 North Congress Avenue, Austin, Texas 78701. The amendments are proposed under the provisions of the Natural Resources Code, sec.163.003(b), which authorizes the Veterans Land Board to adopt rules governing the administration of the fund and program, and for the use of insurance on the loans and the homes financed under the program. sec.177.8. Qualifying Homes. (a)-(c) (No change.) (d) In addition to any requirements or specifications placed on the type and quality of home by the participating lending institution, the home must be on a permanent foundation that is part of the real estate. "Modular homes" and "HUD-code manufactured homes" as defined by Texas Civil Statutes, Article 5221f, s3[(q) and sec.3(u), respectively], as amended,
                                                                                                                                                                                                                                                                                                                                                                                              [September 1, 1983,] are eligible under the program if they meet FNMA or FHLMC guidelines; however, mobile homes as defined by Texas Civil Statutes, Article 5221f, s3[(a), as amended September 1, 1983], are not eligible. Any other type of home will be considered on a case-by-case basis by the administrator under guidelines approved by the board. (e) The home in which a veteran actually resides may be eligible for a home improvement loan (as such loans are commonly defined in the real estate lending industry) if the home and the veteran meet the qualification requirements established by the board
                                                                                                                                                                                                                                                                                                                                                                                                for a [FHA Title I] home improvement loan. The board will
                                                                                                                                                                                                                                                                                                                                                                                                  [may] adopt the
                                                                                                                                                                                                                                                                                                                                                                                                    guidelines adopted by the board
                                                                                                                                                                                                                                                                                                                                                                                                      setting forth the requirements for obtaining [FHA Title I] home improvement loan through the program , whether FHA Title I or other.
                                                                                                                                                                                                                                                                                                                                                                                                        [and] The guidelines will be
                                                                                                                                                                                                                                                                                                                                                                                                          [have them] provided to all participating lending institutions. sec.177.9. Fees, Expenses, and Interest. (a) All fees and expenses charged to a veteran receiving a loan under this program must be approved by the board, including fees, expenses, and interest rates charged by the participating lending institution on its portion of the loan to the veteran. Fees and expenses approved by the board may be made a part of the veteran's loan installment payments. All fees and expenses will be provided for in the program and servicing guide, which is promulgated by the housing program administrator and approved by the board. This is not an exclusive listing of all fees and expenses which may be charged. However, the imposition and amount of any fee or expense shall be consistent with the prudent lending practices prevalent in the residential mortgage lending industry, and shall be consistent with such practices to the maximum extent practical. Among the fees which may be charged are: (1) appraisal; (2) certification; (3) closing fee; (4) contractor certification; (5) courier fee; (6) credit investigation (7) discount fee; (8) file service; (9) legal/attorney's fee; (10) loan origination fee; (11) mortgagee's title policy; (12) participant fee; (13) pest inspection; (14) pre-paid FHA insurance; (15) pre-paid interest; (16) recording; (17) survey; (18) tax certificates; (19) title report. (b)-(g) (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 28, 1991. TRD-9110575 Garry Mauro Chairman Veterans Land Board Earliest possible date of adoption: October 11, 1991 For further information, please call: (512) 463-5394 Withdrawn Sections An agency may withdraw proposed action or the remaining effectiveness of emergency action on a section by filing a notice of withdrawal with the Texas Register. The notice is effective immediately upon filling or 20 days after filing. If a proposal is not adopted or withdrawn six months after the date of publication in the Texas Register, it will automatically be withdrawn by the office of the Texas Register and a notice of the withdrawal will appear in the Texas Register . TITLE 7. BANKING AND SECURITIES Part VI. Credit Union Department Chapter 91. Chartering, Operations, Mergers, Liquidations Powers of Credit Unions 7 TAC sec.91.402 The Credit Union Department has withdrawn from consideration for permanent adoption a proposed repeal sec.91.402 which appeared in the March 5, 1991, issue of the Texas Register (16 TexReg 1408). The effective date of this withdrawal is August 29, 1991. Issued in Austin, Texas, on August 29, 1991. TRD-9110630 Harry L. Elliott Staff Services Officer Credit Union Department Effective date: August 29, 1991 For further information, please call: (512) 837-9236 Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part V. State Purchasing and General Services Commission Chapter 113. Central Purchasing Division Purchasing 1 TAC sec.113.10 The State Purchasing and General Services Commission adopts amendments to sec.113.10 concerning delegated purchases, without changes to the proposed text as published in the July 2, 1991, issue of the Texas Register (16 TexReg 3665). The current purchasing delegation to state agencies includes spot purchases up to $1,500, purchase of emergency requirements, perishable items, services, direct publications, fuel, oil, grease, and distributor purchases. An analysis of all delegated purchases indicates that the number and value of purchased services to significant. By reviewing specifications for contracts anticipated to exceed $100,000 the commission will have direct input and involvement in a majority of dollars expended under delegated purchasing authority. The objective of the involvement is to promote wide advertisement of state requirements, foster use of competitive specifications, and maximize the benefits of fair, open competition. Purchase specifications for services estimated to cost over $100,000 per year would be reviewed by the central purchasing staff. The review will examine the specification/statement of work prior to advertisement for accuracy, completeness, and level of competition. A determination would then be made whether value could be added to the transaction by advertisement by central purchasing to a state-wide bid list. If additional value could not be added, the user agency would be permitted to advertise to a more local or specialized list of suppliers. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 601b, sec.3.01, which provide the State Purchasing and General Services Commission with the authority to promulgate rules to accomplish the purpose of Article 3. 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 28, 1991. TRD-9110554 Judith M. Porras General Counsel State Purchasing and General Services Commission Effective date: September 18, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 463-3446 Part XIII. Texas Incentive and Productivity Commission Chapter 275. Productivity Bonus Program 1 TAC sec.sec.275.1, 275.3, 275.5, 275.7, 275.9, 275.11, 275.13, 275.15, 275.17, 175.19, 275.21 The Texas Incentive and Productivity Commission adopts new sec.sec.275.1, 275.3, 275.5, 275.7, 275.9, 275.11, 275.13, 275.15, 275.17, 275.19, and 275.21 concerning the productivity bonus program. Section 275.1 and sec.275.3 are adopted with changes to the proposed text as published in the July 2, 1991, issue of the Texas Register (16 TexReg 3665). Sections 275.5, 275.7, 275. 9, 275.11, 275.13, 275.15, 275.17, 275.19, and 275.21 are adopted without changes and will not be republished. The consolidation of rules into one chapter will make them easier to read and amend. Amendments to the rules are adopted so that the program rules will reflect changes made to statute by the 72nd Legislature. A change was made to the original proposal in sec.275.1 to correct the reference to Chapters 289-297, which should have referenced Chapter 275. Section 275.3 was corrected to reference sec.275.11 instead of Chapter 293.3. The sections contain rules for the Productivity Bonus Program currently under Chapters 289, 291, 293, 295, and 297. These rules are simultaneously repealed. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 6252-29a, sec.1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for its programs. sec.275.1. Definitions for the Productivity Bonus Program. The following words and terms, when used in Chapter 275 [Chapters 289-297] of this part, shall pertain only to the Productivity Bonus Program and shall have the following meanings, unless the context clearly indicates otherwise. Act-Texas Civil Statutes, Article 6252-29a, Incentive and Productivity Act and Text of Conference Committee Report Senate Bill Number 222 and Governor's Veto Proclamation, 71st Legislature. Application-The form submitted by an agency director to the commission to request a productivity bonus award after monitoring the progress of the agency or division in implementing its productivity bonus plan. Certification-The process by which the executive director of an agency ascertains the amount of savings realized by the agency or division to the comptroller of public accounts. Commission-The Texas Incentive and Productivity Commission. (TIPC) Division-A unit of a state agency that has an identifiable self-contained budget; or maintains its financial records under an accounting system approved by the state auditor that permits the accurate identification of the expenditures and receipts of the unit. Executive Director -The executive administrator of a state agency. Implementation year -The fiscal year during which the agency or division puts the concepts outlined in the agency's or division's productivity plan into effect. Productivity plan -A proposal detailing planned cost reductions and changes in operations that an agency or division intends to make in the next fiscal year, with the goal of improving efficiency while maintaining service levels. Productivity bonus account-An account created by the state treasurer for each state agency or division participating in the productivity bonus program. Productivity bonus award-A cash bonus awarded to an eligible state agency, division of that agency, or employees thereof after a productivity plan has been successfully implemented and proven to save money in recognition of increased productivity. State agency-A department, commission, board, office, or other agency in the executive or judicial branch of government. The term does not include the office of the governor or any institution of higher education as defined by the Education Code, sec.61.0003. Verification period -The 90-day period following the implementation year, during which the commission verifies the amount of the savings certified by the executive director of an agency and decides whether or not to grant a productivity bonus award. sec.275.3. Submission of Productivity Plans. (a) Submission. The executive director of a state agency may submit a productivity plan to the commission that, if implemented, would cause the agency or division to qualify for a productivity bonus award as outlined in sec.275.11 [Chapter 293.3] of these rules. (b) Form. The productivity plan shall be submitted in a form prescribed by the commission. 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 28, 1991. TRD-9110558 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Effective date: September 18, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 475-2393 Chapter 289. Productivity Bonus Program Definitions 1 TAC sec.289.1 The Texas Incentive and Productivity Commission adopts the repeal of sec.289. 1, concerning the Productivity Bonus Program definitions without changes to the proposed text as published in the June 18, 1991, issue of the Texas Register (16 TexReg 3299). The repeal of this section is necessary to permit the consolidation of rules concerning the Productivity Bonus Program under new Chapter 275. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 6252-29a, sec.1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for its 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 28, 1991. TRD-9110559 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Effective date: September 18, 1991 Proposal publication date: June 18, 1991 For further information, please call: (512) 475-2393 Chapter 291. Plan Submission and Approval Process 1 TAC sec.sec.291.1, 291.3, 291.5 The Texas Incentive and Productivity Commission adopts the repeal of sec.sec.291.1, 291.3, and 291.5, concerning the Productivity Bonus Program plan submission and approval process without changes to the proposed text as published in the June 18, 1991, issue of the Texas Register (16 TexReg 3299). The repeal of this sections are necessary to permit the consolidation of rules concerning the Productivity Bonus Program under new Chapter 275. No comments were received regarding adoption of the repeals. The sections are repealed under Texas Civil Statutes, Article 6252-29a, sec.1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for its 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 28, 1991. TRD-9110560 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Effective date: September 18, 1991 Proposal publication date: June 18, 1991 For further information, please call: (512) 475-2393 Chapter 293. Application for Award and Savings Transfer 1 TAC sec.sec.293.1, 293.3, 293.5 The Texas Incentive and Productivity Commission adopts the repeal of sec.sec.293.1, 293.3, and 293.5, concerning the applications for award and savings transfers under the Productivity Bonus Program, without changes to the proposed text as published in the June 18, 1991, issue of the Texas Register (16 TexReg 3300). The repeal of these sections is necessary to permit the consolidation of rules concerning the Productivity Bonus Program under new Chapter 275. No comments were received regarding adoption of the repeals. The sections are repealed under Texas Civil Statutes, Article 6252-29a, sec.1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for its 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 28, 1991. TRD-9110561 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Effective date: September 18, 1991 Proposal publication date: June 18, 1991 For further information, please call: (512) 475-2393 Chapter 295. Award Approval 1 TAC sec.295.1 The Texas Incentive and Productivity Commission adopts the repeal of sec.295. 1, concerning the timeline and process for the review and approval of a productivity bonus plan without changes to the proposed text as published in the June 18, 1991, issue of the Texas Register (16 TexReg 3300). The repeal of this section is necessary to permit the consolidation of rules concerning the Productivity Bonus Program under new Chapter 275. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 6252-29a, sec.1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for its 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 28, 1991. TRD-9110562 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Effective date: September 18, 1991 Proposal publication date: June 18, 1991 For further information, please call: (512) 475-2393 Chapter 297. Award Eligibility and Distribution 1 TAC sec.sec.297.1, 297.3, 297.5 The Texas Incentive and Productivity Commission adopts the repeal of sec.sec.297.1, 297.3, and 297.5, concerning the Productivity Bonus Program awards eligibility and distribution without changes to the proposed text as published in the June 18, 1991, issue of the Texas Register (16 TexReg 3300). The repeal of these sections is necessary to permit the consolidation of rules concerning the Productivity Bonus Program under new Chapter 275. No comments were received regarding adoption of the repeals. The sections are repealed under Texas Civil Statutes, Article 6252-29a, sec.1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for its 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 28, 1991. TRD-9110563 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Effective date: September 18, 1991 Proposal publication date: June 18, 1991 For further information, please call: (512) 475-2393 TITLE 16. ECONOMIC REGULATIONS Part III. Texas Alcoholic Beverage Commission Chapter 55. Bingo Regulation sec.sec.55.541-55.550, 55.552-55.555, 55.557, 55.558, 55.560-55.562, 55.564 (EDITOR'S NOTE: In 1989 the 71st Legislature transferred the administration and enforcement of the Bingo Enabling Act (Article 179d, Texas Civil Statutes) from the Comptroller of Public Accounts to the Texas Alcoholic Beverage Commission, effective January 1, 1990. The transfer included the rules adopted by the Comptroller for the administration of the Act. The Commission has not exercised its authority to move the Comptroller's rules (34 TAC sec.sec.3. 541-3.550, 3.552-3.555, 3.557, 3.558, 3.560-3.562, and 3.564) from Title 34 Public Finance to Title 16 Economic Regulation. Because the Commission has filed emergency amendments to the Bingo rules, published in the Emergency Section of this issue, the Texas Register is administratively moving the Bingo rules from Title 34, Part I. Comptroller of Public Accounts to Title 16, Part III. Texas Alcoholic Beverage Commission. The following table illustrates the rule numbers under Title 34 and the new corresponding numbers under Title 16. The text is being reprinted without change from Title 34.) Old numbers New Numbers Comptroller of Texas Alchoholic Bev Public Accounts erage Commission 34 TAC Chapter 3 16 TAC Chapter 55 34 TAC sec.3.541 16 TAC s55.541 34 TAC sec.3.542 16 TAC s55.542 34 TAC sec.3.543 16 TAC s55.543 34 TAC sec.3.544 16 TAC s55.544 34 TAC sec.3.545 16 TAC s55.545 34 TAC sec.3.456 16 TAC s55.546 34 TAC sec.3.547 16 TAC s55.547 34 TAC sec.3.548 16 TAC s55.548 34 TAC sec.3.549 16 TAC s55.549 34 TAC sec.3.550 16 TAC s55.550 34 TAC sec.3.552 16 TAC s55.552 34 TAC sec.3.553 16 TAC s55.553 34 TAC sec.3.554 16 TAC s55.554 34 TAC sec.3.555 16 TAC s55.555 34 TAC sec.3.557 16 TAC s55.557 34 TAC sec.3.558 16 TAC s55.558 34 TAC sec.3.560 16 TAC s55.560 34 TAC sec.3.561 16 TAC s55.561 34 TAC sec.3.562 16 TAC s55.562 34 TAC sec.3.564 16 TAC s55.564 sec.55.541. Notification to the Commission. (a) The governing body (the commissioners court with regard to a county or justice precinct, or the city council or other chief legislative body with regard to an incorporated city or town) of a political subdivision must, within 10 days after ordering an election to legalize or prohibit bingo, forward to the Texas Alcoholic Beverage Commission (commission) by registered or certified mail, a certified copy of the order, ordinance, or resolution of the governing body ordering the election. (b) If the gross receipts tax is imposed on the conduct of bingo games within a political subdivision or is later abolished, the appropriate governing body must forward to the commission, within 10 days, by registered or certified mail, a certified copy of the order or ordinance imposing or abolishing the tax and reflecting the effective date. If the tax is imposed, licensees will be notified by the commission that their games are subject to tax beginning on the effective date of the imposition. (c) If any municipality or justice precinct in which the tax has been imposed changes or alters its boundaries, the appropriate governing body must forward to the commission by registered or certified mail a certified copy of the order or ordinance adding or detaching territory, the effective date of the change, and a map of the municipality or justice precinct clearly showing the territory added or detached. sec.55.542. Investigation of Applicants for Licenses (a) Each person required to be named in an application for a license under the Bingo Enabling Act, Texas Civil Statutes, Article 179d, is subject to a criminal history record inquiry. (b) Each person required to be named in an application for any license under the Act shall promptly furnish all information requested by the commission to obtain criminal history record information from the Texas Department of Public Safety, Federal Bureau of Investigation, or other law enforcement agency. Falsification or nondisclosure of requested information shall result in the denial, revocation, or suspension of a license under the Bingo Enabling Act. (c) Information received from the Texas Department of Public Safety, the Federal Bureau of Investigation, or any other law enforcement agency may be used only by the director of the Bingo Division, an employee of that division authorized in writing by the director, or someone who exercises supervisory authority over the director. Criminal history information shall be kept under lock and key when not actually in use, and shall be destroyed by shredding or some other confidential method when no longer needed. (d) Information contained in criminal history records may only be disclosed as allowed by Texas Civil Statutes, Article 179d, sec.13e(d) and (e). An attempt shall be made to contact the individual concerned before an applicant is notified that its application is denied or that a person's name must be removed from an application. If it becomes necessary to introduce evidence of a criminal conviction in an administrative hearing, the evidence used should be a certified copy of the judgment of conviction. (e) The existence of a disqualifying conviction on records obtained by the commission is prima facie evidence of disqualification. The burden of proof is on the applicant to show otherwise. sec.55.543. Denials; Suspensions; Revocations; Hearings. (a) Denial of application. If the Texas Alcoholic Beverage Commission (commission) determines that an applicant is not eligible for a license, or that the license should be denied on grounds which would justify suspension or revocation of an existing license, it will notify the applicant in writing that the application has been denied and will state the reasons for the denial. If the applicant desires to contest the denial, the applicant must, within 30 days of the date of the notice of denial, make a written request for a hearing to contest the denial. (b) Suspension and revocation. (1) Grounds. The commission may suspend or revoke a license or temporary authorization in accordance with the Bingo Enabling Act, sec.16(e). If the commission proposes to revoke or suspend a license it will notify the licensee in writing and will state the grounds for the proposed action. (2) Summary suspension. Grounds for summary suspension of licenses, provisions for service of notice to licensees and show-cause hearings, and the time period for requesting final hearings on suspension or revocation of licenses, and other related matters are contained in the Bingo Enabling Act, sec.16(e)-(g). (c) Hearings. (1) All hearings will be conducted in accordance with the relevant portions of 16 TAC sec.sec.37.1-37.45 concerning the commission's rules of practice and procedure. (2) After a notice of proposed suspension or revocation has been served, the licensee or holder will have an opportunity for a hearing. The hearing may be held within 20 days from the date the commission receives the request. If the licensee or holder does not request a hearing within 30 days after the date of the notice of proposed suspension or revocation, the opportunity for a hearing is waived and a final order will be issued. (3) After a hearing on the alleged violation and upon finding that a violation did occur, the commission may suspend a license or temporary authorization for a period not to exceed one year or may revoke a license or temporary authorization. The period of a suspension begins on the date of the order invoking the suspension, or the date of the order overruling the motion for rehearing, if one was filed. (4) In the event a licensee has requested an administrative hearing, and has made timely and sufficient application for renewal of its license, the licensee may be issued a temporary authorization to conduct bingo and continue to act pursuant to said authorization until the commission issues a final decision, regardless of whether said license has expired during the hearing process. (d) Reapplication. No person or organization whose license has been revoked or forfeited, or whose application has been denied for reasons which would justify a revocation of an existing license will be eligible to apply for another license earlier than one year from the date of forfeiture, revocation, or denial. (e) Reporters and transcripts. (1) A court reporter shall be present at every hearing involving an applicant or licensee. The cost of transcribing the hearing by the reporter shall be assessed against the applicant or licensee following the hearing. (2) Should the commission determine that a transcript of the hearing is required, the cost of the original transcript shall be assessed to the applicant or licensee. The applicant or licensee may purchase a copy of the transcript for its own use directly from the court reporter. (3) Should the commission determine that a transcript is not required, the applicant may purchase a copy of the transcript for its own use directly from the court reporter. If the applicant or licensee purchases a copy of the transcript, it shall provide at its own cost the original transcript to the commission. sec.55.544. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Act-The Bingo Enabling Act, Texas Civil Statutes, Article 179d, as amended. Bingo equipment and supplies-Items used, made, or sold for use in bingo games. (A) Bingo equipment and supplies include: (i) machines or other devices from which balls or other items are withdrawn to determine the letters and numbers or other symbols to be called; (ii) the balls or items themselves; (iii) bingo cards, boards, sheets, markers, pads, blotters, and other supplies; and (iv) any other device commonly used in the direct operation of the game. (B) Bingo equipment does not include a bingo game set that is: (i) commonly manufactured and sold as a child's game; (ii) sold for a retail price of $20 or less; and (iii) not used in a bingo game subject to regulation under the Act. (C) Bingo equipment also does not include furnishings generally provided in the rental of a hall regardless of whether or not bingo is conducted, such as: (i) a television monitor system, a television camera, or a television set; (ii) a public address system; or (iii) tables and chairs. (D) Bingo equipment and supplies also does not include daubers and glue sticks. Charitable purposes -One or more of the following activities: (A) those that benefit needy or deserving persons in Texas, indefinite in number, by: (i) enhancing their opportunity for religious or educational advancement; (ii) relieving or protecting them from disease, suffering, or distress; (iii) contributing to their physical well-being; (iv) assisting them in establishing themselves in life as worthy and useful citizens; or (v) increasing their comprehension of and devotion to the principles upon which this nation was founded and enhancing their loyalty to their government; (B) those that initiate, perform, or foster worthy public works or enable or further the erection or maintenance of public structures in Texas; (C) those that maintain, improve, add to, repair, or retire the debt on existing buildings and real property used for purposes enumerated in subparagraphs (A) and (B); or (D) those organization and administrative activities that assist the licensed authorized organization in furthering the purposes listed in subparagraphs (A)-(C) of this paragraph. (i) The activity must relate to a purpose which is consistent with the stated purposes of the organization. (ii) No expenditure related to the activity may directly benefit individual members of the organization. (iii) Expenditures for services rendered and materials purchased for the conduct of bingo by the organization are not considered distributions for charitable purposes. See s55.549 of this title (relating to Allowable Expenditures of Receipts from Bingo) for guidelines on the treatment of expenditures of this type. (E) Some examples of charitable purposes include the following. (i) Charitable. Donations to recognized organizations such as Cerebral Palsy, Muscular Dystrophy, the Heart Fund, the American Cancer Society, and other nationally or locally recognized charities in Texas. (ii) Educational. Contributions for open scholarships in Texas, when recipients are not limited to children of the licensee or commercial lessor; contributions for teachers' salaries, exchange student funds, books for libraries, and equipment for schools. (iii) Religious. Contributions or expenditures for religious purposes and activities in Texas; for example, clerics' salaries, maintenance of religious buildings, and purchase of religious supplies. (iv) Patriotic activities. Contributions toward patriotic activities or projects in Texas, such as purchasing flags to give away, Veteran's Day activities, Memorial and Independence Day activities, and contributions to support activities of a veterans' state organization. Commission-The Texas Alcoholic Beverage Commission. Comptroller-Texas Comptroller of Public Accounts. Location, premises, or place-All the area under the exterior roof of any building and/or structure, regardless of whether title or leasehold interest in all or any part of such building and/or structure may be in the name of one or more persons. For all purposes of licensing and regulation of the lease of bingo premises and/or the conduct of bingo, the terms "location, " "premises," and "place" shall each have this meaning. The fact that the United States postal service or a local political subdivision has assigned or may assign separate mailing addresses or subaddresses to areas within the building and/or structure, the fact that internal walls may have been erected, or the fact that areas within a building or structure have separate utility connections or property tax listings, will not operate to subdivide a building or structure so as to create more than one location, premise, or place for the conduct of bingo. This provision applies to all initial applications for commercial lessor licenses submitted after May 4, 1987. Operator-The active bona fide member or members of a licensed organization designated as the person or persons in charge of and primarily responsible for each bingo occasion. The operator must supervise all activities and be responsible for the conduct of all bingo games on the occasion of which he or she is in charge. He or she must be present on the premises continually during the occasion. Regular bingo card-A nondisposable card, such as a shutter card, which affords a person the opportunity to participate in all regular games played at a bingo occasion. Regular bingo game-A bingo game in which a person buys or is issued a regular bingo card and in which the person may purchase or rent extra regular cards. Sale-For the purposes of the Bingo Enabling Act, sec.11(o) and sec.13c(i), the term "sale" includes installment plan purchases by licensed authorized organizations or exempt entities under the Bingo Enabling Act, sec.39(b)(3) or (4), of bingo equipment other than bingo cards, boards, sheets, markers, pads, or blotters. The due date of each installment payment is considered the date of actual delivery. Senior citizens association-An organization that provides for its members such services as recreation, health education, and legislative information for the benefit of aged or retired persons. Members are generally 50 years of age or older. The American Association of Retired Persons (AARP) is an example of a senior citizens association. Special bingo card-A paper, disposable, specially marked bingo card which gives a person the opportunity to participate in a special bingo game to be played at a bingo occasion. This card is identified by a separate color, serial number, and manufacturer's identification number. Special bingo game-Any bingo game which is not a regular bingo game and which is played with special bingo cards. sec.55.545. Licenses, Fees, and Bonds for Conduct of Bingo and Commercial Lessor. (a) Annual license to conduct bingo games. (1) Application. An organization which desires to conduct bingo on a regular basis must apply to the Texas Alcoholic Beverage Commission (commission) for an annual license to conduct bingo. The application must be made on a form prepared by the commission and must contain all the information required by that form. (2) Fee. An application for a license to conduct bingo must be accompanied by a license fee in accordance with the Bingo Enabling Act, Texas Civil Statutes, Article 179d, sec.155. (3) License. (A) A license to conduct bingo expires one calendar year from the date of issuance. (B) An organization may hold only one annual license to conduct bingo and that license is valid for only the one location, as that term is defined in sec.55.544 of this title (relating to Definitions), indicated on the face of its license. A group may not conduct bingo more than three times per calendar week and not more than four hours per 24-hour period. (C) An organization holding an annual license to conduct bingo may receive a temporary license under subsection (c) of this section only if it does not conduct bingo more than three days per calendar week. If it conducts bingo three days per calendar week under an annual license, it must cancel one of its sessions during the week in which it conducts bingo under a temporary license. (D) See exceptions to license requirements in sec.55.546 of this title (relating to Exemptions from Licensing Requirements). (4) Bond or other security. Each application for an annual license to conduct bingo must be accompanied by a bond or other security equal to the applicant's estimated quarterly tax liability. If the amount is estimated to be less than $1,900, no bond or other security will be required, unless the commission determines a bond or other security is necessary based on the applicant's history at recordkeeping, reporting, and payment of tax. No new bond will be required upon renewal if the licensee would be eligible to have an existing bond released under subparagraph (D) of this paragraph. If a bond or other form of security is required, no license will be issued until such bond or other security has been posted. (A) Type of bond. Only the following types of bonds are acceptable: (i) cash (personal checks payable to the state treasurer are acceptable); (ii) irrevocable assignments (executed on forms approved by the commission) of certificates of deposit or savings accounts in banks, savings and loan institutions, or credit unions whose deposits are insured by an agency of the United States government; (iii) United States treasury bonds of a type that are readily convertible to cash; or (iv) a surety bond executed on a form approved by the commission and issued by a surety company chartered or authorized to do business in the State of Texas. The bond will constitute a new and separate obligation in the penal sum shown for each calendar year or a portion of a year while the bond is in force. The bond must be executed instrument must be properly notarized and physically attached to the bond. (B) New bond or changes in amount. If a surety company notifies the commission in writing that it has withdrawn as surety on a bond issued on behalf of a licensee as security for bingo tax liability, the commission will notify the licensee that it must post a new bond to maintain its license. The commission may increase the amount required to be posted as a bond whenever the bond already posted does not cover the licensee's average quarterly tax liability, or if, in the commission's opinion, the amount of bond or other security is not sufficient to protect against failure to pay the amount which may become due. The commission may also reduce the amount of bond already posted, either on its own determination or at the request of the licensee. In determining whether to require the furnishing of additional bond or other security by a licensee or to reduce the amount already posted, the commission will consider payment history, general financial condition, or other factors which indicate the risks involved in insuring the payment of applicable taxes. (C) Forfeiture. If a licensee pays less than the amount of tax due under the Act, the commission will notify both the licensee and any surety of the delinquency by jeopardy or deficiency determination. If payment is not made by the demand date stated in the notice, the commission will forfeit the bond or security or any part of the bond or security necessary to pay the proper amount of tax. Failure to pay any delinquency when due is grounds for suspension or revocation of the licensed organization's right to conduct bingo. (D) Release. If the licensee ceases to conduct bingo games and relinquishes its license or if the license is revoked by the commission for any reason, the commission will release any bond or security on its determination that no amounts of tax, penalty, or interest remain due and payable under the Act. If the licensee has filed all required returns, has no outstanding amounts of tax, penalty, or interest due and payable under the Act, and has completed seven consecutive quarters without a deficiency determination becoming final the bond or security will be released at the time the licensee next renews its license. (E) Reinstatement. If a deficiency determination becomes final for a licensee who has had its bond released or for whom a bond was not required a new bond will be required at the time the licensee next renews its license. (5) Application to conduct bingo at premises of a commercial lessor. (A) Organization findings. An organization applying to conduct bingo at premises other than those used by it for its general activities shall submit with its application a certified copy of the minutes of the governing board of the local unit of the applicant voting that the premises used by the organization for its general activities are not adequate and suitable for bingo and stating the specific reasons why these premises are not adequate and suitable. If the articles of incorporation, bylaws, or other organizing instrument of the applicant requires approval by one or more of the state, national, or other higher governing bodies of the organization for the local unit to conduct any of its activities at a separate location, then the applicant shall also submit certified copies of the required approval by those governing bodies. (B) Commission determination. The commission shall conduct a physical examination of those premises. In determining whether those premises are adequate and suitable for the conduct of bingo, the commission shall consider: (i) the size of the premises; (ii) the present physical condition of the premises and the expense involved in improving that condition; (iii) the restroom facilities available; (iv) the heating and air conditioning, if any, and its condition; (v) the parking available on the premises and in the immediate area of the premises; and (vi) if the premises have been used for the conduct of bingo, the records of the applicant while conducting bingo on those premises. (b) Commercial license to lease bingo premises. (1) Application. Any commercial lessor who desires to lease premises, as that term is defined in sec.55.544 of this title (relating to Definitions), in a legalized area in Texas to a licensed organization for the purpose of conducting bingo must apply to the commission for a commercial lessor's license. The application must be made on a form prepared by the commission and must contain all the information required by that form. (2) Fee. An application for a license to lease bingo premises must be accompanied by a license fee which is based upon the annual gross rentals from licensed organizations. For the purposes of this section gross rentals from licensed organizations means the total receipts, regardless of how they are denominated, from the licensed organizations, including, but not limited to, building rental, payments for utilities, fixtures, security services, etc. The fee that must accompany the application must be made in accordance with the Bingo Enabling Act, Texas Civil Statutes, Article 179d, sec.155. (3) License. (A) A license to lease bingo premises expires one calendar year from the date of issuance. (B) Each location, as that term is defined in sec.55.544 of this title (relating to Definitions), must be separately licensed. A commercial lessor, however, may lease the same location under the same license to more than one licensed organization. A commercial lessor who wants to lease more than one location must file a separate application and pay a separate fee for each location. (C) Except as required by the Bingo Enabling Act, Texas Civil Statutes, Article 179d, sec.13(n)(1) and (2), the commission may not issue more than one license to lease bingo premises for any one location, as that term is defined in sec.55.544 of this title (relating to Definitions). (D) A commercial lessor seeking to renew or amend its license for a different location on grounds that the premises leased have become unavailable due to reasons beyond the commercial lessor's control shall file with the commission a written application stating in detail the circumstances rendering the premises unavailable together with all available documentation of the fact. If physical damage to the leased premises is claimed as the reason the premises are no longer available, the application shall: (i) state when the damage occurred and the cause of the damage; (ii) specify the areas of the building damaged, the nature, and extent of the damage; (iii) state who has responsibility for repairing the premises and include documentation; and (iv) state whether the damage has been reported to an insurance company, and, if so, provide the name and address of the insurance company and the name and telephone number of the contact person representing the insurance company in regard to adjustment of the loss. A copy of the report to the insurance company, and a copy of any written assessment of the loss by the insurance company, shall be provided, if possible. If the loss or damage was reported to a local fire department, police department, or other local authorities, the date of said report shall be given, as well as a copy of any written report to or by said authority with respect to the loss. (E) A commercial lessor may not, in any event, renew its license for any location outside the boundaries of the county where the licensed premises were located on June 10, 1989. (F) When more organizations apply to play bingo on premises of a commercial lessor than can be licensed for the location, the commission will process only the number of applications for which there are openings with the commercial lessor, taking the applications in the order in which they are received. Additional applications over and beyond the number that may be licensed for the commercial lessor's premises will not be processed until there is an opening with the commercial lessor and no other application pending for the opening. (c) Temporary license to conduct bingo games. (1) Application. Any organization which desires to conduct bingo on a limited basis must apply to the commission for a temporary license. The application must contain the same information and be made on the same form used by applicants for an annual license. The complete application with required attachments should be filed with the commission at least 30 days in advance of the first bingo game that will be played under the temporary license. (2) Fee. An application for a temporary license to conduct bingo must be accompanied by a $25 license fee. (3) License. A temporary license is valid for only one day. No more than six temporary licenses may be issued in a calendar year to the same organization. (d) Temporary authorization. After a preliminary approval of the applicant for a license, the commission may issue a temporary authorization for an initial period not to exceed 60 days. The commission may extend the period of temporary authorization for good cause. If the application is approved during the period of the temporary authorization, the temporary authorization will be replaced by the issuance of an annual license which will expire one year from the date of issuance of the temporary authorization. (e) License to operate. Each applicant for a license to operate bingo games must demonstrate that it is organized and operated primarily for purposes other than the operation of bingo activities. (f) Payment of fees. The proper license fee must accompany each application. License fees will not be prorated. The fee and any cash bond must be in the form of cash, cashier's check, money order, or check made payable to the state treasurer. After the filing of the application, fee, and any required bond, the commission will promptly investigate the qualifications of the applicant and either: (1) notify the applicant in writing if additional information is required before a license can be granted; (2) notify the applicant in writing why a license is being denied and refund any license fee payments and bond; or (3) issue a temporary authorization or license authorizing the applicant to conduct bingo at the times and place applied for or to lease premises for the conduct of bingo. (g) Notification of election results. No license will be issued until the commission receives from the appropriate governing body written notification of the date and results of a legalization election along with a map of the boundaries in which games may be held. (h) Copies of applications. No license or amended license will be issued before a copy of each original application or application for amendment is sent by the applicant to the appropriate governing body of the area in which the games are to be held. (i) Copies of licenses. Upon receipt of any license or amended license issued by the commission, the licensee must immediately send a copy to: (1) the appropriate governing body of the area in which the games are to be held; and (2) the police department of the city or town in which bingo is to be conducted, if it is to be conducted within a city or town, or to the sheriff of the county in which bingo is to be conducted, if it is to be conducted outside a city or town. (j) Transfer of license. License and renewals issued by the commission may not be transferred or assigned. (k) Amendments. (1) Applications. A license may be amended if the subject matter of the amendment properly and lawfully could have been included in the original license. An application for an amendment must be filed on a form approved by the commission and will be processed in the same manner as an original application. A licensed organization may not change the location, days, or times of its bingo games until it has surrendered it original license and received an amended license from the commission. An application for an amendment must be accompanied by a $25 amendment fee. (2) Effective period. An amended license is only effective for the remainder of the period under the original license. (l) Notification of changes. Each licensee has a continuing responsibility to promptly notify the commission in writing of any changes to information in a filed application, when information filed with the commission becomes inaccurate in any way, or when additions or deletions are necessary to reflect changes in circumstances of the licensee. Examples of such changes include the name of organizational officers, the amount of rent charged for leased premises, the name of a member responsible for the conduct of games, or the name of an individual connected with a commercial lessor that would affect its eligibility to hold a license and, in the case of lessors, the name of a new, authorized organization that intends to lease premises from it for the purpose of conducting bingo. (m) Representation; personal receipt of documents. For purposes of this subsection, an individual shall be recognized by the commission as an applicant's or licensee's authorized representative only if the commission has on file written authorization in the form of a resolution of the applicant's or licensee's governing body, that such individual has the authority to act on behalf of the applicant or licensee, and the extent of such authority. Written authorization furnished by an applicant or licensee under this section shall apply only to the specific individuals listed in the authorization. Agents or employees of an authorized representative are not authorized representatives of the applicant or licensee unless specifically named in the written authorization on file with the commission. Only the applicant, licensee, or those individuals specifically named in the applicant's or licensee's resolution as authorized representatives shall be recognized by the commission concerning any matter relating to the licensing process or any corrective measures to be taken after an audit or field investigation. Only the applicant or its authorized representative may personally receive from the commission documents relating to an applicant's license. sec.55.546. Exemptions from Licensing Requirements. (a) A nominal value prize in a game exempted by Texas Civil Statutes, Article 179d, sec.39(b)(3), may not exceed $10 in cash or merchandise. (b) Any group or organization which qualifies under Texas Civil Statutes, Article 179d, sec.39(b)(3), must write the Texas Alcoholic Beverage Commission (commission), stating the facts that support its exemption from the licensing requirements. If the organization or group is exempt, the commission will issue a letter of exemption which must be available on the premises at all times during the conduct of bingo. sec.55.547. Books and Records-Bingo Licensees. (a) This section sets minimum standards for record keeping for licensees that conduct bingo. Where the Texas Alcoholic Beverage Commission (commission) provides forms for record keeping, licensees may use those forms or forms of their own choosing which contain the same information, except as otherwise provided in paragraph (1)(D) of this subsection. (1) Cash receipt records. The records required to document cash receipts consist of the following. (A) Daily cash report. This report must be prepared after each bingo occasion. The report must contain the following information: (i) name of licensee; (ii) date of bingo occasion; (iii) attendance; (iv) gross receipts. Total amounts must be listed for each separate type of fee or charge. For example, the sale of reusable hard bingo cards, the sale of disposable bingo cards (throw-aways or paper strips), and admission charges must each be accounted for as separate subitems of gross receipts; (v) cash prizes. Merchandise prizes or prizes paid by check must be listed as a zero on this report; (vi) net receipts. This figure is the difference between gross receipts and cash prizes. The only allowable adjustments between net receipts and the amount of the bank deposit would be changes in the amount of petty cash fund and any cash overages or shortages; (vii) cash overages and shortages; (viii) petty cash fund. A petty cash fund not to exceed $2,500 may be used at each bingo occasion; and (ix) net bank deposit. (B) Bingo bank account. A licensed organization must establish and maintain one regular checking account designated the bingo account and may also maintain an interest-bearing savings account designated the bingo savings account, as provided in the Bingo Enabling Act, Texas Civil Statutes, Article 179d, s19a(a). A licensed organization may have on its bingo account's signature card. At least only active members of the organization except that one bookkeeper or accountant who is not a member may be on the signature card. At least one active member of the licensed organization must be on the signature card. A licensed organization must keep validated deposit slips. Any interest income earned from the bingo savings account must be accounted for as part of the net proceeds available for charitable distribution. (C) Sales journal. A sales journal listing the total amounts in each category from the daily cash reports must be totaled on a quarterly basis. (D) Documenting daily receipts. A licensed organization shall substantiate the contents of these cash receipt records by use of a disposable card sales summary on a form prescribed by the commission and the use of a cash register. In using a cash register, the following directions apply. (i) The cash register must have a nonresettable four-digit transaction numbering mechanism. Any cash register used would be able to retain its transaction count between uses, whether or not its power source is interrupted for short periods of time. (ii) Various types of sales must each be recorded with a separate key. Income from various types of sales must be separately recorded and the cash register must be able to provide a total for each type of sale recorded. The total of floor sales for each type of sale must be recorded at the conclusion of the organization's sales for the occasion. (iii) If the cash register is used for purposes other than bingo sales, then the non-bingo transactions, such as dauber or glue-stick or concession sales, must be rung up on a separate key. (2) Cash disbursement records. The records to document cash disbursements consist of the following. (A) Bingo bank account. Funds from the bingo account must be withdrawn by checks or withdrawal slips as provided in the Bingo Enabling Act, Texas Civil Statutes, Article 179d, s19a(b). (B) Cash disbursements journal. Each check issued by the licensee must be recorded in a cash disbursements journal, which would contain the information required by the Bingo Enabling Act, Texas Civil Statutes, Article 179d, sec.23(a) (2), (3), and (5). (C) Paid invoice file. Each licensee shall maintain a permanent file of paid invoices, contracts, or other papers necessary to prove the disbursement of funds for bingo expenses or charitable contributions. (D) Daily schedule of prizes. Each licensee shall maintain a list for each bingo occasion of the total prizes awarded for each game, their value, and the number of winners, as required by the Bingo Enabling Act, Texas Civil Statutes, Article 179d, sec.23(A) and (b). (B) Records retention. Records of the organizations must be maintained for at least four years. (C) Restrictions on the sales of ups pads. Disposable cards of different colors and series numbers may be sold in specially collated pads known as ups. Ups pads must be sold as units. They may not be broken and sold as partial pads or individual sheets. They may not be sold from the floor. (D) Loans to the bingo account. (1) A licensed authorized organization or an organization applying for a license to conduct bingo may loan money to its bingo account from its general fund if: (A) a request is filed with the commission which states: (i) the amount of the loan; (ii) the purpose of the loan; and (iii) a repayment schedule for the loan which is 12 months or less; and (B) the commission approves the loan. Prior to approval the commission must find that: (i) the loan is necessary; and (ii) the repayment schedule is reasonable. (2) The commission may consider the organization's financial condition as reflected in all available information including past quarterly reports prior to the approval of the loan request. (3) The loan transactions must be reported on the quarterly reports as follows: (A) loan proceeds must be reported as interest earned for the quarter in which they are received; and (B) loan payments must be reported as expenses for the quarter in which they are paid. (4) Failure to repay the loan, with proceeds from the bingo account, pursuant to the repayment schedule is a violation of this section and may result in suspension, revocation, or denial of the renewal of an organization's license to conduct bingo. (5) The records to document loans from the general fund must show: (A) the date and amount of the loan; and (B) the dates and amounts of all loan payments. (E) Commercial lessors licensed to conduct bingo. (1) This subsection applies to authorized charitable organizations which are licensed to conduct bingo and are also licensed to lease their premises to other organizations conducting bingo. (2) An organization to which this subsection applies shall deposit in its bingo checking account all rental payments from authorized organizations conducting bingo at the location of the lessor under a temporary license, an annual license, or a temporary authorization to conduct bingo. A rental payment must be deposited in the bingo checking account not later than the end of the next business day after it is received. (3) Rental payments required by this subsection to be deposited in the bingo bank account are not part of gross receipts for purposes of the bingo gross receipts tax. Such rental payments are not considered in computing adjusted gross receipts under sec.55.555 of this title (relating to Minimum Charitable Distribution). Distributions for charitable purposes of such funds from the bingo checking account will be considered as part of the disbursements toward meeting that minimum charitable distribution requirement under sec.55.555 of this title (relating to Minimum Charitable Distribution). sec.55.548. General Restrictions on the Conduct of Bingo. (A) Who may conduct bingo. (1) Except for those groups set out in sec.55.546 of this title (relating to Exemptions from Licensing Requirements), only an authorized organization licensed by the Texas Alcoholic Beverage Commission (commission) under sec.55. 545(a), (c), or (D) of this title (relating to Licenses, Fees, and Bonds for Conduct of Bingo and Commercial Lessor) may conduct bingo. Only persons who have been bona fide members of a licensed organization for at least the preceding calendar year may operate, manage, conduct, promote, or administer the organization's games of bingo unless otherwise excluded by this subsection. No person may be an operator for more than one organization. (2) All callers, cashiers, ushers, bookkeepers, and accountants who assist in conducting, promoting, or administering bingo games must be members of the authorized organization or hired by and acting under the supervision of the authorized organization. (A) Except as provided hereafter, neither a commercial lessor nor any person having an interest in a commercial lessor, nor any employee or agent of any of them shall operate, manage, conduct, advise, or assist in the operating, managing, conducting, promoting, or administering of bingo. The term "assist" as used in this section includes, but is not limited to, the payment of any expense of a licensed bingo organization by a commercial lessor, whether such payment be by loan or otherwise. This prohibition does not apply to a person whose employment by or business relationship with a commercial lessor is unrelated to the leasing of bingo premises and who is not acting in the capacity of operator. (B) A commercial lessor which is an organization licensed to conduct bingo and which leases premises it owns or occupies to another authorized organization may assist in the conduct of bingo games by that organization except that a member, employee, or agent of the lessor may not act as an operator for the lessee organization. (C) A commercial lessor who has been an active bona fide member of the licensed organization for at least three years actively engaged in carrying out the purposes of the organization may assist that organization in the conduct of bingo at the lessor's premises but may not receive compensation for so assisting and may not act in the capacity of operator. (B) Location. Bingo may be conducted by a licensed organization only on premises, as that term is defined in sec.55.544 of this title (relating to Definitions), which are: (1) owned by the licensed organization; (2) owned by a governmental agency; (3) leased, or used only by the holder of a temporary license; or (4) owned or leased by a licensed commercial lessor. (C) Limit on rent. The payment of rent shall be limited as follows, subject to the exceptions specified in the Bingo Enabling Act, sec.11a(c). (1) The rent charged by a licensed commercial lessor for a location to conduct bingo, as that term is defined in s55.544 of this title (relating to Definitions), must not exceed $600 per occasion, unless the commercial lessor leases to a licensed authorized organization that subleases the premises to one or more other licensed authorized organizations to conduct bingo, in which case the rent may not exceed $600 for each day that bingo is conducted. The licensed authorized organization that subleases the premises to one or more other licensed authorized organizations to conduct bingo may charge those groups no more than $600 per occasion. A rental agreement may not guarantee that an organization will break even or receive a profit from the conduct of its games. (2) All rent paid to the lessor must be paid in a lump sum. Rent includes all expenses authorized by the Bingo Enabling Act, sec.19(c), that are paid by the licensed authorized organization to the lessor in connection with the use of the premises. All payments to an organization, association, or business are considered payments to the lessor if any person who has a substantial interest in the lessor also has a substantial interest in the organization, association, or business. The term "substantial interest" shall be defined in the Bingo Enabling Act, sec.2(21). (D) Advertising. All advertisements for bingo games, whether in newspapers, fliers, pamphlets, brochures, or other circulars, billboards, signs, or recordings, must clearly identify the name of the licensed authorized organization, its bingo license number, and the days and times of the occasions it will operate. Only a licensed authorized organization may advertise or promote bingo. No licensed authorized organization may include in any advertisement or promotion the amount of a prize or prizes offered at a bingo occasion. A reference to the prize limits allowed by the Bingo Enabling Act, so long as no specific amount is mentioned, is allowed. (E) Merchandise prizes. If any merchandise prize is awarded in a bingo game, its value is its current retail price. If a merchandise prize is donated to a licensed organization, it may not be reported as an expenditure for any purpose. (F) Limit on affiliated groups. No more than two affiliated organizations or parent and subgroup or affiliate of a parent organization may be licensed to conduct bingo at the same location, as that term is defined in sec.55.544 of this title (relating to Definitions). For purposes of this subsection, an affiliate includes, but is not limited to, a branch, chapter, lodge, post, tribe, order, auxiliary, or other subordinate or subgroup of a parent organization. (g) Frequency of bingo occasions. No more than two organizations may be licensed to conduct bingo at the same location, as that term is defined in sec.55. 544 of this title (relating to Definitions), on the same day. If two organizations are licensed to conduct bingo at the same location on the same day, there must be a minimum 30-minute break or intermission between each organization's regular bingo games. The operator or caller must announce prior to the start of the first regular game the name of the organization that will be conducting bingo for that session. If two or more licensed organizations are conducting bingo at the same location, a person may not at any time be required to purchase cards for more than one bingo session. (h) Continuation games. A game or series of games played on one card face, without clearing the regular card or discarding the disposable card, is considered a single game. Total prizes awarded in a continuation game may not exceed $500. (i) Workers as players. No licensee or holder of a temporary authorization may permit any person who is conducting or assisting in the conduct of bingo to participate as a player when the person is conducting or assisting in the conduct of bingo. (j) Reservation of bingo cards. No licensed organization may reserve, or allow to be reserved, any bingo card or cards for use by a particular individual. (k) Inspection of equipment, tampering prohibited. All bingo equipment, including blowers, flashboards, balls, and bingo cards, are subject to inspection at any time by any representative of the commission. An authorized organization conducting bingo shall replace the bingo balls in use with a complete new set at least each six months or after each 50 occasions, whichever occurs later, and shall replace the balls at any time upon order of the commission or its representative. No person may tamper with or modify any bingo equipment in any manner which would affect the randomness of numbers chosen or which changes the numbers or symbols appearing on the face of a bingo card. A licensed authorized organization has a continuing responsibility to ensure that all bingo equipment used by it is in proper working condition. (l) Verification. (1) Verification of winning cards. The numbers appearing on the winning card must be verified at the time the winner is determined and prior to prize(s) being awarded in order to insure that the numbers on the card in fact have been drawn from the receptacle. This verification shall be done in the immediate presence of one or more players at a table or location other than the winner's. Each winning card shall be displayed on any television monitors in use. Each winning disposable paper card shall also be posted on the licensed premises where it may be viewed in detail by the players until at least 30 minutes after the completion of the last bingo game of that organization's occasion. (2) Verification of numbers drawn. Any player may request a verification of the numbers drawn at the time a winner is determined and a verification of the balls remaining in the receptacle and not drawn. Verification shall take place in the immediate presence of the operator, one or more players other than the winner, and at his option the player requesting the verification. sec.55.549. Allowable Expenditures of Receipts from Bingo. (A) All gross receipts from the conduct of bingo must be used for one or more of the following purposes: (1) the payment of necessary and reasonable expenses actually incurred and paid in connection with the conduct of bingo, limited to the following: (A) the total amount paid out for cash and noncash prizes; (B) bingo supplies and equipment; except items purchased to be resold to bingo players such as bingo boards, etc.; (C) utility supplies and services; (D) license fees, bingo taxes, and bond required as security for bingo taxes; (E) advertising for bingo games; (F) security during bingo games, limited as provided in paragraph (2) of this subsection; (g) lease payments; (h) minor repairs to premises where bingo is conducted and repairs to bingo equipment; (i) janitorial and custodial supplies; (j) bank charges, as shown in clauses (i) and (ii) of this subparagraph: (i) bank charges, including printing of checks, related to maintaining bank accounts established for bingo receipts are allowable; (ii) neither the face amount nor any bank charges related to returned checks cashed for or accepted from bingo patrons are allowable as bingo expenses; (k) fees regularly charged by the state or a political subdivision for use of a public premise; and (1) printing of bingo forms and house rules; (2) the payment of necessary and reasonable compensation actually incurred and paid in connection with the conduct of bingo for the following personnel and no others: (A) the total amount paid to all bookkeepers or accountants, not to exceed $50 per occasion, provided that the limit imposed by this paragraph shall not apply to certified public accountants or any other individual, partnership, or corporation registered with and licensed by the Texas State Board of Public Accountancy; (B) attorneys; (C) cashiers, not to exceed $50 per cashier per occasion; (D) ushers, not to exceed $50 per usher per occasion; (E) the total amount paid to all callers, not to exceed $50 per occasion; (F) security or guard services, not to exceed $50 per guard per occasion; and (G) janitorial services, not to exceed $50 per janitor per occasion; (H) for an individual employed by any licensed organization to perform more than one of the services listed in subparagraphs (C)-(F) of this paragraph, the total compensation paid to the individual may not exceed $50 per bingo occasion; (3) the disbursement of net proceeds for charitable purposes. (B) Upon written request by a licensee, the commission will issue a ruling on the legality of a proposed expenditure out of bingo receipts or of a proposed disbursement for charitable purposes. Ruling requests should be addressed to the Texas Alcoholic Beverage Commission, Bingo Division, P.O. Box 13127, Austin, Texas 78711. (C) If the commission disallows all or any portion of an expense or charitable distribution shown on a licensee's quarterly report, the licensee must immediately transfer from other funds an amount into its bingo account equal to the amount of disallowed expense or charitable distribution. (D) The license of any authorized organization which does not distribute the required amount of proceeds for charitable purposes during any quarter may be suspended or revoked. (E) No expenses may be paid out of the petty cash fund, except for emergency expenses validated by proper receipts. (F) The only expenses that may be paid from the petty cash fund are expenses necessary to continue or complete the operation of a bingo occasion. sec.55.550. Bingo Reports. (A) Quarterly reports for gross receipts tax and for information relating to the conduct of bingo games. (1) An authorized organization holding an annual license, temporary license, or a temporary authorization to conduct bingo must file on a form provided by the Texas Alcoholic Beverage Commission (commission) a quarterly report for gross receipts taxes and statistical information relating to the conduct of bingo games. The report must be filed with both the commission and the comptroller, the report filed with the comptroller must be accompanied by any tax due, and both reports must be filed on or before the 15th day of the month following the end of the calendar quarter even if there were no gross receipts or gross receipts subject to tax for that quarter. (2) The first $15,000 of gross receipts each report period is exempt from tax. (3) The report must be signed by the member designated as responsible for the filing of reports. (B) Failure to receive forms. The failure of licensees conducting bingo games to receive forms from the commission does not relieve them from the requirement of filing reports and remitting bingo gross receipts taxes on a timely basis. (C) Commercial lessor. A licensed commercial lessor must file an informational report at any time it is requested by the commission. (D) Effective date. This section, as amended, is effective for all quarterly reports and bingo gross receipts tax payments due on or after April 15, 1990, covering periods beginning with the first quarter of 1990. sec.55.552. Licenses, Fees, and Bonds for Manufacturers and Distributors. (A) Annual manufacturer's license. (1) Application. A manufacturer must apply to the commission for a manufacturer's license. The application must be made on a form prepared by the commission and must contain all the information required by that form. (2) Basic fee. An application for a manufacturer's license must be accompanied by a $3,000 license fee. (3) Expiration of license. A manufacturer's license expires one calendar year after its issuance. (4) Bond. Each application for a manufacturer's license must be accompanied by a bond in the amount of $10,000. No license will be issued until a satisfactory bond has been posted. (A) Type of bond. Only the following types of bonds are acceptable: (i) cash (personal checks payable to the state treasurer are acceptable); (ii) a surety bond executed on a form approved by the commission and issued by a surety company chartered or authorized to do business in the State of Texas. The bond will constitute a new and separate obligation in the penal amount shown for each calendar year or a portion of a year while the bond is in force. The bond must be executed by an attorney-in-fact be properly notarized and physically attached to the bond. (B) Forfeiture. If the commission revokes the licensee's license, the commission shall forfeit the licensee's bond. (C) Release. A bond must be posted at all times that a license is in effect. If the licensee relinquishes its license, the commission will release any bond that the licensee has posted. (B) Distributor's license. (1) Each distributor must obtain a distributor's license. (2) Application. Each distributor must apply to the commission for a license. The application must be made on a form prepared by the commission and must contain all the information required by that form. (3) Fees. An application for a distributor's license must be accompanied by a $1,000 license fee. (4) Expiration of license. A distributor's license expires one calendar year after its issuance. (C) Investigation fee. The commission may require an applicant to pay an additional fee in an amount equal to the cost of a background investigation, including the inspection of applicant's plants and other facilities. If the commission intends to impose the investigation fee, it will notify the applicant in writing prior to starting the investigation that the fee will be imposed and will supply an estimate of the amount of the fee. If the applicant does not wish to pay the investigation fee, it may withdraw the application and the basic fee will be refunded. The persons making the inspection shall submit travel vouchers and supporting documents to the commission and shall receive reimbursement or a travel advance from the commission in the same manner as for other state travel, as provided in the State Employees Travel Allowance Guide, as most recently revised and issued by the comptroller. The commission shall send to the applicant copies of the vouchers and supporting documents together with a statement for the fee, in the same amount as was paid by the commission on account of the inspection. The applicant shall reimburse the commission, within 30 days of the date of the statement for the amount shown in the statement. (D) Supplemental information. In addition to the application form, an applicant or licensee must submit any supplemental information requested by the commission within the time limit set by the commission. Failure to timely submit any of the requested supplemental information is grounds for denial of the license sought or for revocation of any license held. (E) Transfer of license. No license issued under this section may be transferred or assigned. (F) Representation; personal receipt of documents. For purposes of this subsection, an individual shall be recognized by the commission as an applicant's or licensee's authorized representative only if the commission has on file written authorization in the form of a resolution of the applicant's or licensee's governing body, that such individual has the authority to act on behalf of the applicant or licensee, and the extent of such authority. Written authorization furnished by an applicant or licensee under this section shall apply only to the specific individuals listed in the authorization. Agents or employees of an authorized representative are not authorized representatives of the applicant or licensee unless specifically named in the written authorization on file with the commission. Only the applicant, licensee, or those individuals specifically named in the applicant's or licensee's resolution as authorized representatives shall be recognized by the commission concerning any matter relating to the licensing process or any corrective measures to be taken after an audit or field investigation. Only the applicant or its authorized representative may personally receive from the commission documents relating to an applicant's license. sec.55.553. Books and Records-Distributors and Manufacturers. (A) Every licensed distributor and manufacturer must maintain a complete set of records including, but not limited to, the following: (1) sales invoices: (A) each licensee must use a general sales invoice which is: (i) prenumbered consecutively; and (ii) prepared in at least two parts, one being issued to the customer and the other retained in an invoice file; (B) each licensee must use a general sales invoice which sets out the following information: (i) the date of sale; (ii) the customer name and business address; (iii) a full description of each item sold; (iv) the quantity and sales price of each individual item; (v) the gross amount of sales to each customer; and (vi) the manufacturer's or distributor's license number; (2) credit memos prepared in the same detail as if they were sales invoices; (3) a sales journal containing at least the following, by month: (A) the date of the sale; (B) the invoice number of the sale; (C) the customer name or customer account number; and (D) total amount of the invoice; (4) a complete list of the persons licensed to represent the licensee prior to January 1, 1990; (5) purchase records documenting that all bingo suppliers and equipment sold in this state were purchased from either a licensed manufacturer or another licensed distributor. (B) A licensee who holds both a distributor's license and a manufacturer's license pursuant to the Bingo Enabling Act, sec.13c(j), must maintain a separate set of records for their activities under each license. (C) Records required by this section must be maintained for at least four years. sec.55.554. Instant Bingo. (A) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Deal of series-Each separate, serialized package of instant bingo cards. (2) Instant bingo card-A device used to play a specific game of chance consisting of an individual card, the face of which is initially hidden from view to conceal numbers. Each individual card must: (A) bear an impression of the commission's seal with the words "Texas Alcoholic Beverage Commission" engraved around the margin and a five-pointed star in the center; (B) contain the letters B-I-N-G-O on its face in a conspicuous location in no less than 29-point type; (C) be imprinted in no less than nine-point type with the words "Authorized by the Texas Alcoholic Beverage Commission"; (D) contain the series number assigned by the manufacturer; (E) contain the manufacturer's name or trademark; (F) disclose the amount and number of prize winners, the number of individual cards contained in a deal, and the cost per card; and (g) contain no other symbols, emblems, or characters. (3) Instant bingo game-A game of chance played by the random selection of one or more individually prepackaged instant bingo cards from a series of instant bingo cards. Prize winners are determined by the preprinted appearance of numbers in a prescribed order, according to winning arrangements indicated on the reverse side of the card. (B) Approval of cards. (1) No instant bingo card may be sold or otherwise furnished to any person in this state or used in the conduct of bingo for public play unless and until a complete series of an identical prototype of that card has first been presented to the commission by its manufacturer and has been approved by the commission for use within this state. (2) Prototypes or examples of all cards must be presented to the Texas Alcoholic Beverage Commission in Austin for review. If granted, approval extends only to the specific card or series approved. If the card is modified in any way, except only in series number, it must be resubmitted to the commission for approval. (3) Once an instant bingo card has been approved, a complete series of that card must be resubmitted to the commission each two years for reapproval. The commission may require resubmission of a series of approved cards at any time. (C) Manufacturing requirements. (1) Manufacturers of instant bingo cards must manufacture, assemble, and package each deal in such a manner that none of the winning cards, nor the location or approximate location of any of the winning cards, can be determined in advance of opening by any means or device including any pattern in manufacture, printing, color variations, assembly, packaging markings, or by the use of a light. All winning and losing numbers conforming with designated numbers on the instant bingo card must be randomly selected. Each manufacturer must supply proof of random selection to the Texas Alcoholic Beverage Commission by detailed description of the manufacturing process, and is subject to inspection by the commission or its designee. (2) Winning cards must be randomly distributed and mixed among all other cards in a deal regardless of the number of packages, boxes, or other containers in which the deal is packaged. No pattern between series, or portions of series, from which the location or approximate location of any of the winning cards may be determined is allowed. (3) Each series of cards must contain a packing slip placed inside the package containing the name of the manufacturer, series number, date the series was packaged, and the name or other identification of the person who packaged the series. (4) Each individual card must be constructed so that it is substantially impossible, in the opinion of the commission, to determine a concealed number or numbers until it has been opened by a player. Without limiting the requirements of the previous sentence of this paragraph, for all instant bingo cards offered for sale by a licensed organization on or after February 1, 1988, such cards shall be required to be constructed in such a manner so that card gluing occurs on all four edges of the card and between the individual break-open tabs on the card. (5) No manufacturer may sell or otherwise provide to a distributor and no distributor may sell or otherwise provide to any person in this state or for use in this state any instant bingo series that does not contain a minimum prize payout of 65% of total receipts if completely sold out. (6) A manufacturer in selling or providing instant bingo cards to a distributor and a distributor in selling or providing instant bingo cards to a licensed authorized organization shall seal or wrap each series completely in a clear wrapping material in such a way that it will be apparent if the series is opened prior to use by the licensed authorized organization. (D) Prizes, costs, sales, percentages. (1) The cost to purchase an individual instant bingo card may not exceed $.50 and must be clearly posted in the vicinity of the location where cards are sold. (2) All winning instant bingo cards must be presented for payment during the bingo occasion at which the card is purchased. A licensed organization must punch a hole with a standard hole punch through or otherwise mark or deface each winning instant bingo card of $5.00 or more immediately upon payment. (3) All sales of instant bingo cards must be performed under the same conditions and in the same manner as sales of regular and paper special bingo cards. Thus, a licensed organization may sell instant bingo cards on the premises specified in its license and where regular or paper special bingo cards are sold prior to its licensed times. They may be redeemed for cash or other cards only: (A) during the times that bingo cards are being sold; (B) during the organization's licensed times where regular or paper special bingo games are being conducted; or (C) during a required 30-minute intermission between the bingo occasions of two organizations. (4) No single prize on a winning instant bingo card may exceed $500. (5) A licensed organization may not withdraw a series of cards from play until the series is completely sold out, all winning cards of $5.00 or more have been cashed, or the bingo occasion ends. (6) A licensed organization may not commingle different deals of instant bingo cards. (7) Gross receipts from the sale of instant bingo cards must be included in the reported total gross receipts of the organization. (E) Restrictions. (1) The commission's seal and required authorization language must be placed on all cards by a licensed manufacturer only. (2) All sales or other furnishing of instant bingo cards are subject to the restrictions contained in the Bingo Enabling Act, sec.11(n)-(u) and sec.13c(i). (3) No licensed organization may display or sell any instant bingo card which has in any manner been marked, defaced, tampered with, or which otherwise may deceive the public or affect a person's chances of winning. (F) Inspection. The commission or its authorized representatives may examine and inspect any individual instant bingo card or series of cards and may, if deemed necessary, pull all chances remaining in an unsold deal. (g) Records. (1) Any licensed organization selling instant bingo cards must maintain a purchase log showing: (A) the date and series number of purchased cards; and (B) the name, address, and license number of the distributor from whom the cards were purchased. (2) The sales of and prizes paid for instant bingo cards, including the series number, shall be shown on the daily cash report and aggregate total sales for the organization must be recorded on the cash register as required by sec.55. 547 of this title (relating to Books and Records-Bingo Licensees). (3) All records, reports, and receipts relating to an instant bingo series in play must be retained on the licensed premises for examination by the commission as long as the series is in play. (4) Manufacturers or distributors must provide the following information on each invoice and other document used in connection with a sale: (A) date of sale; (B) quantity sold; (C) cost per series; (D) series number of each deal; (E) name and address of the purchaser; and (F) Texas bingo license number of the purchaser. (5) These records must be retained for a period of four years. (h) Implementation schedule. The requirement that instant bingo cards have printed on them the seal of the Texas Alcoholic Beverage Commission and the words "Authorized by the Texas Alcoholic Beverage Commission" shall be implemented according to the same schedule as provided for printing the commission seal on disposable paper cards in the emergency amendment to sec.55. 558(F) of this title (relating to Seal Required on Disposable Bingo Cards). sec.55.555. Minimum Charitable Distribution. The amount paid as bingo taxes for the last preceding quarter and an amount for basic fixed expenses equal to 2.75% of the gross receipts for the last preceding quarter shall be allowed as a credit towards the required 35% charitable distribution under the Bingo Enabling Act, Texas Civil Statutes, Article 179d, sec.19a(k). However, the total of all credits, both for bingo gross receipts taxes and for expenses, may not exceed $11,000 per quarter. sec.55.557. Manufacturer's and Distributor's Quarterly Reports. (A) Each manufacturer and each distributor holding or required to hold a license issued by the Texas Alcoholic Beverage Commission (commission) under the Bingo Enabling Act, Texas Civil Statutes, Article 179d, shall file a report, on forms prescribed by the commission, reflecting the information listed in this section with regard to each sale of bingo equipment and cards to a person or organization in this state or for use in this state. (B) The report shall be filed with regard to each calendar quarter, and is due on or before the last day of the month following each calendar quarter. (C) The report shall contain the customer's name and license number, and the amount of total sales of: (1) instant bingo cards; (2) other bingo cards, sheets, and pads; and (3) all other bingo equipment. (D) A person licensed as a manufacturer and as a distributor pursuant to the Bingo Enabling Act, sec.13c(j), shall file separate reports covering his or her activities under each license for each quarter beginning with the first quarter of 1990. (E) The manufacturer or distributor shall retain a copy of the report in his records for at least four years after the date on which the return is filed. sec.55.558. Seal Required on Disposable Bingo Cards. (A) For the purposes of this section, a disposable bingo card is a card made of paper or other suitable material which is designed or intended for use at a single bingo occasion; provided that this section shall not apply to cards furnished for use in promotional bingo games conducted in accordance with the Bingo Enabling Act, sec.39, and sec.55.560 of this title (relating to Promotional Bingo), which cards may not contain a seal. (B) The face of every disposable bingo card used, sold, or otherwise furnished in this state shall bear an impression of the State of Texas and a star of five points encircled by olive and live oak branches and the words "Texas Alcoholic Beverage Commission," in accordance with detailed specifications, available on request from the Texas Alcoholic Beverage Commission (commission). The face of each card shall also have printed on it the name of the manufacturer or a trade name or trademark which has been filed with the commission. (C) No disposable bingo card shall be sold or otherwise furnished to any person in this state without an example of such card having the prior written approval of the commission. (D) Manufacturers shall submit an example of all disposable cards to the commission for written approval. Approval extends only to cards manufactured to the same specifications as examples submitted. Any modification of approved disposable bingo cards other than color, series numbers, serial numbers, and/or card numbers shall require submission of an example to the commission for approval. (E) In addition to the restrictions contained in the Bingo Enabling Act, sec.11(n)-(u) and sec.13c(i), the following restrictions apply to the sale or purchase of disposable cards. (1) A manufacturer shall not sell or otherwise furnish unapproved disposable cards to distributors for use in this state. This requirement shall also apply to any manufacturer who assembles and collates disposable cards for sale in Texas even though such cards have been previously submitted for approval by the original manufacturer. In addition, any licensed manufacturer who collates another manufacturer's disposable cards for sale in Texas must purchase all card sheets to be used in collating such cards from a licensed manufacturer. (2) A distributor shall not purchase or otherwise obtain unapproved disposable cards for use in this state. (3) A licensed organization shall not purchase or otherwise obtain unapproved disposable cards for use in this state. A licensed organization shall not use in this state unapproved disposable cards. (F) The requirements that all cards have printed on the face of the card the seal of the Texas Alcoholic Beverage Commission and the name of the manufacturer, a trade name, or a trademark shall be implemented according to the following schedule. (1) A manufacturer shall not sell or otherwise furnish disposable cards not bearing the seal of the Texas Alcoholic Beverage Commission and the manufacturer's name, trade name, or trademark to distributors for use in this state after December 31, 1989. This requirement also applies to any manufacturer who assembles and collates disposable cards for sale in Texas, but only the name, trade name, or trademark of the original manufacturer who printed the card face shall be printed on the card face. (2) A distributor shall not purchase disposable cards which do not bear the seal of the Texas Alcoholic Beverage Commission and the name, trade name, or trademark of the manufacturer after December 31, 1989, for use in this state. A distributor may continue to sell cards which bear the comptroller's seal and do or do not bear the manufacturer's name, trade name, or trademark to licensed organizations in this state until March 31, 1990. (3) A licensed organization shall not purchase or otherwise obtain disposable cards which do not bear the seal of the Texas Alcoholic Beverage Commission and the manufacturer's name, trade name, or trademark for use in this state after March 31, 1990. A licensed organization shall not use in this state disposable cards which do not bear the seal of the Texas Alcoholic Beverage Commission and the manufacturer's name after June 30, 1990. sec.55.560. Promotional Bingo. (A) Scope. This section applies only to those bingo games authorized by the Bingo Enabling Act, Texas Civil Statutes, Article 179d, sec.39(b)(4). (B) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Bingo- (A) For the purposes of this section, is defined as in the Bingo Enabling Act, Texas Civil Statutes, Article 179d, s39(a). (B) Bingo does not include: (i) games where no card is used; (ii) games which lack the random selection of numbers or symbols; or (iii) games where winners are determined based on a single selection of a number or a symbol. (2) Newspaper-For the purposes of this section, those publications printed on newsprint whose average sales price per copy over a 30-day period does not exceed $.75 which are printed and distributed periodically at daily, weekly, and other short intervals primarily for the dissemination of news of a general character and of a general interest. The term "newspaper" does not include magazines, handbills, circulars, flyers, sales catalogs, or the like, unless the items are distributed as a part of a publication which itself constitutes a newspaper. (C) Supplies and equipment. All bingo supplies and equipment purchased pursuant to the Bingo Enabling Act, Texas Civil Statutes, Article 179d, sec.39(e) (2), must be purchased from a licensed manufacturer, unless the manufacturer makes no bingo supplies other than those for the type of games permitted by the Bingo Enabling Act, Texas Civil Statutes, Article 179d, sec.39(b)(4). (D) No seal permitted. No person conducting a game under this section may use cards which bear the commission's seal, as described in sec.55.554 of this title (relating to Instant Bingo) or sec.55.558 of this title (relating to Seal Required on Disposable Cards). (E) Notice. (1) Any person conducting a game under the Bingo Enabling Act, Texas Civil Statutes, Article 179d, sec.39(b)(4), must give the commission written notice which must include: (A) the name of the entity conducting the game; (B) the approximate date which the game will begin (within seven-30 days); (C) the estimated length of the game; (D) the name or title of the game and a copy of the rules; (E) a copy of the bingo card to be used or a reference to a card previously submitted to the commission; (F) the name and address of the manufacturer of the supplies and equipment to be used; (G) the name and address of the advertising agency through which supplies and equipment will be purchased, if applicable; and (H) the name and address of the newspaper, radio, or television station through which the game will be conducted. (2) Notice must be furnished at least 15 days in advance of the commencement of the game unless: (A) the bingo supplies and equipment to be used are manufactured by a licensed manufacturer; or (B) an example of the bingo card to be used and the manufacturer's name and address have been supplied to the commission at least 15 days in advance of the commencement of the game. (C) If either subparagraph (A) or (B) of this paragraph is satisfied, then only seven days notice is required. (f) Adoption by reference. The commission adopts by reference the notice of promotional bingo form. Copies may be obtained from the Texas Alcoholic Beverage Commission, Bingo Division, P.O. Box 13127, Austin, Texas 78711. sec.55.561. Interview Requirements. Interview. Each applicant for a bingo license or the renewal of an existing license, whether as a conducting organization, lessor, manufacturer, or distributor may be required to be interviewed by a representative of the Texas Alcoholic Beverage Commission (commission). The commission may specify the persons required to be present and the time and location of the interview. The interview will ensure the applicant's awareness and understanding of regulations of the Bingo Enabling Act and the rules and regulations promulgated thereunder. The applicant will assure the commission that all operations by the applicant relating to bingo will be conducted according to the Act and the rules and regulations promulgated thereunder. The commission may refuse to issue or renew an annual license based on the conclusions resulting from the interview. sec.55.562. Unauthorized Prizes. (a) Construction. The prohibition contained in this section shall be broadly construed in order to carry out the legislative purpose expressed in House Bill 1043, Acts of the 70th Legislature, 1987, of prohibiting all door prizes or other prizes in addition to those given for winning individual bingo games. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Person-An individual, partnership, corporation, or other group, however organized, whether or not licensed or required to be licensed under the Bingo Enabling Act. (2) Prize-Money or anything of value offered or awarded to one or more persons present at a bingo occasion, whether offered or awarded at that occasion or awarded at a different time or place. (C) Extra prizes prohibited. No authorized organization, lessor, or other person may offer or award any prize to any person or persons present at a bingo occasion or participating in a bingo occasion other than the prizes awarded for winning the individual bingo games authorized under the Bingo Enabling Act. This includes any activities while persons are present at a bingo occasion in connection with the offering or awarding of such prizes. Such prohibited activities include, but are not limited to: (1) the handing out of tickets; (2) the written or oral promotion of such a prize; (3) the drawing or choosing of winning names for such a prize; and (4) the awarding of such a prize. sec.55.564. Number and Type of Bingo Games Allowed. (a) Number of games. The number of games which may be played shall be set by the organization licensed to conduct that occasion. (b) Types of games. Games which fit the definition of bingo in the Bingo Enabling Act, sec.2(2), and which commonly and traditionally have been known as bingo may be played. These games must be played on a card which is five spaces wide by five spaces long, the center space free and the other 24 spaces containing preprinted numbers between 1 and 75. The card may contain no other markings in the playing spaces except those required by sec.55.558 of this title (relating to Seal Required on Disposable Bingo Cards) and shading to show a particular winning configuration. Instant bingo, as authorized by sec.55.554 of this title (relating to Instant Bingo), may also be played. Games of chance other than bingo may not be played, including: (1) side games such as horse race or down-row; (2) piggy number games; or (3) games based on not having any of the numbers drawn. (c) Continuation games. Continuation games shall be conducted in accordance with sec.55.548(h) of this title (relating to General Restrictions on the Conduct of Bingo). TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 157. Emergency Medical Care EMS Personnel Certification 25 TAC sec.157.45 The Texas Department of Health (department) adopts an amendment to sec.157. 45 concerning recertification, with changes to the proposed text as published in the May 7, 1991, issue of the Texas Register (16 TexReg 2518). The amendment allows EMS personnel whose certification expires to have a 90-day period in which they may recertify, using the continuing education credits accumulated over the certification period. The department received no comments on the proposed amendment; however the department has made an editorial change to clarify the format in sec.157.45(d). Also, the Board of Health changed sec.157.45(d)(2) to include a $25 late fee for late recertification. The amendment is adopted under the Health and Safety Code, Chapter 773, which provides the Texas Board of Health with the authority to adopt rules to implement the Emergency Medical Services Act; 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.157.45. Recertification. (a)-(c) (No change.) (d) Late recertification. (1) If the application and the non-refundable fee for recertification are received prior to the expiration date of the certificate, the certification shall continue for a period not to exceed 90 days from the expiration date. The applicant shall qualify for recertification by: (A) completing the continuing education requirements for recertification as required in sec.157.76 of this title (relating to Continuing Education) or completing a department approved refresher course; (B) successfully passing the department's written and skills certification examinations for the recertification level requested as described in subsection (b)(1)(C) of this section. However, a candidate who fails either the skills certification examination or the written certification examination may retest on each examination one time provided a fee of $25, if applicable, accompanies the request for written retest; and (C) completing all requirements of this paragraph, including certification examinations and retests, no later than 90 days from the expiration date. (2) If an application and the non-refundable fee for recertification, including a $25 late fee, are received after the expiration date but within 90 days following the expiration date, the applicant shall qualify for recertification by: (A) completing the continuing education requirements for recertification as required in sec.157.76 of this title (relating to Continuing Education) or completing a department approved refresher course; (B) successfully passing the department's written and skills certification examinations as described in subsection (b)(1)(C) of this section. However, a candidate who fails either the skills certification examination or the written certification examination may retest on each examination one time provided a fee of $25, if applicable, accompanies the request for written retest; and (C) completing all requirements of this paragraph, including certification examinations and retests, shall be completed no later than 90 days from the expiration date. Certification shall not continue during the 90-day period. (3) If an application for recertification is received after the 90-day period beyond the expiration date of the certificate but within two years following the expiration date, the applicant shall submit in addition to the recertification fee, a late fee of $25. The applicant is not certified during this period. If he represents himself as a certified EMS person, the applicant may be denied recertification and may be subject to the civil and criminal penalties under the Health and Safety Code, sec.773.063 and sec.773.064. (A) All requirements of this paragraph including certification examinations and retests shall be completed no later than two years from the expiration date of the most recent certificate or within 90 days of the completion date of the EMS refresher course, whichever is sooner. (B) The applicant shall qualify for recertification by: (i) completing a department approved EMS refresher course for the level of recertification requested; and (ii) achieving a passing grade on the department's written and skills certification examinations for the recertification level requested as described in subsection (b)(1)(C) of this section. However, a candidate who fails either the skills certification examination or the written certification examination may retest on each examination one time provided a fee of $25, if applicable, accompanies the request for written retest. (4) A candidate as described in paragraphs (1), (2), or (3) of this subsection who fails a retest may be eligible to apply for recertification by: (A) completing a department approved EMS refresher course for the certification level within two years of the expiration date of the most recent certificate; and (B) submitting an application for recertification with the applicable fee as described in subsection (b)(1)(B) of this section and meeting the certification examination requirements for the level of recertification requested as described in subsection (b)(1)(C) of this section, and subsection (b)(2) of this section, if applicable; or (C) submitting an application for a lower level of certification with the applicable fee as described in subsection (b)(1)(B) of this section and meeting the certification examination requirements for the level of certification requested as described in subsection (b)(1)(C) of this section, and subsection (b)(2) of this section, if applicable. (5) A candidate who does not successfully complete the recertification requirements under paragraph (4) of this subsection shall meet the requirements of sec.157.41 of this title (relating to Certification) prior to being eligible for certification. (6) After verification by the department of the information submitted by the certificant, a certificant who meets requirements in paragraphs (1) and (2) of this subsection shall be recertified for four years commencing on the day following the expiration date of the most recent certificate. A certificant who meets requirements in paragraph (3) of this subsection shall be recertified commencing on the issuance of a new certificate and wallet-size certificate signed by department officials. 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 29, 1991. TRD-9110646 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: September 19, 1991 Proposal publication date: May 7, 1991 For further information, please call: (512) 458-7550 Part XI. Texas Cancer Council Chapter 701. Policies and Procedures 25 TAC sec.sec.701.1-701.9 The Texas Cancer Council adopts the repeal of sec.sec.701.1-701.9, concerning policies and procedures, without changes to the proposed text as published in the May 24, 1991, issue of the Texas Register (16 TexReg 2863). Justification of the repeal is to update rules to reflect current council policies and procedures. The repeal of the sections will delete obsolete rules and/or burdensome language. No comments were received regarding adoption of the repeals. The repeals are adopted under the Health and Safety Code, Chapters 102.002 and 102.009, which provides the Texas Cancer Council with the authority to develop and implement the Texas Cancer Plan. Additionally Texas Civil Statutes, Article 6252-13a, sec.4 provide the Texas Cancer Council with the authority to adopt rules governing council practice and 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 28, 1991 TRD-9110568 Emily F. Untermeyer Executive Director Texas Cancer Council Effective date: September 18, 1991 Proposal publication date: May 24, 1991 For further information, please call: (512) 463-3190 25 TAC sec.sec.701.1-701.7 The Texas Cancer Council adopts new sec.sec.701.1-701.7, concerning policies and procedures without changes to the proposed text as published in the May 24, 1991, issue of the Texas Register (16 TexReg 2863). The new sections are adopted to provide for adoption of the Texas Cancer Plan, to outline the authority and responsibility of council members and the executive director, and to provide for the appointment of committees and officers. The new sections will update council rules to reflect current policies and procedures. No comments were received regarding adoption of the new sections. The new sections are adopted under the Health and Safety Code, Chapters 102. 002 and 102.009, which provides the Texas Cancer Council with the authority to develop and implement the Texas Cancer Plan. Additionally, Texas Civil Statutes, Article 6252-13a, sec.4 provide the Texas Cancer Council with the authority to adopt rules governing council practice and 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 28, 1991 TRD-9110569 Emily F. Untermeyer Executive Director Texas Cancer Council Effective date: September 18, 1991 Proposal publication date: May 24, 1991 For further information, please call: (512) 463-3190 Chapter 702. Relationship Between Council and Private Organizations and Donors 25 TAC sec.sec.702.1-702.4 The Texas Cancer Council adopts new sec.sec.702.1-702.4, concerning relationship between council and private organizations and donors, without changes to the proposed text as published in the May 24, 1991, issue of the Texas Register (16 TexReg 2865). The new sections are adopted to govern conduct between the council and its employees and organizations or donors. The new sections will establish guidelines for the relationship between the council and private organizations or donors. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 6252-11f, sec.2, which provide the Texas Cancer Council with the authority to adopt rules governing the relationship between an organization or donor and the council and its employees. 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 28, 1991 TRD-9110565 Emily F. Untermeyer Executive Director Texas Cancer Council Effective date: September 18, 1991 Proposal publication date: May 24, 1991 For further information, please call: (512) 463-3190 Chapter 703. Grants 25 TAC sec.sec.703.1-703.4 The Texas Cancer Council adopts the repeal of sec.sec.703.1-703.4, concerning grants, without changes to the proposed text as published in the May 24, 1991, issue of the Texas Register (16 TexReg 2866). Justification of the repeal is to initiate new language and action concerning project contracts and grants. The repeal of the sections will delete obsolete rules and/or burdensome language. No comments were received regarding adoption of the repeals. The repeals are adopted under the Health and Safety Code, Chapter 102.010, which provides the Texas Cancer Council with the authority to adopt rules governing the submission, approval, and cancellation of grants (project contracts). 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 28, 1991 TRD-9110567 Emily F. Untermeyer Executive Director Texas Cancer Council Effective date: September 18, 1991 Proposal publication date: May 24, 1991 For further information, please call: (512) 463-3190 25 TAC sec.sec.703.1-703.14 The Texas Cancer Council adopts new sec.sec.703.1-703.14, concerning project contracts and grants, without changes to the proposed text as published in the May 24, 1991, issue of the Texas Register (16 TexReg 2866). The new sections are adopted to state the intent and scope of the council's project contracts; to outline application requirements, review process, and selection procedures; to set requirements for publicity and publications funded by the council; to list funding restrictions; and to provide for continuation funding, contract amendments and termination, and confidentiality of records. The new sections will increase public awareness of current council practices. No comments were received regarding adoption of the new sections. The new sections are adopted under the Health and Safety Code, Chapter 102. 010, which provides the Texas Cancer Council with the authority to adopt rules governing the submission, approval and cancellation of grants (project contracts. ) Additionally, Texas Civil Statutes, Article 4419b-4, sec.5.04 provide the Texas Cancer Council with the authority to develop and implement guidelines regarding confidentiality of AIDS and HIV-related medical information for clients served by the agency. 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 28, 1991 TRD-9110566 Emily F. Untermeyer Executive Director Texas Cancer Council Effective date: September 18, 1991 Proposal publication date: May 24, 1991 For further information, please call: (512) 463-3190 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part III. Texas Air Control Board Chapter 101. General Rules 31 TAC sec.101.24 The Texas Air Control Board (TACB) adopts an amendment to sec.101.24, concerning inspection fees, with changes to the proposed text as published in the May 3, 1991, issue of the Texas Register (16 TexReg 2462). The amendment clarifies the applicability of the section, increases by 25% the fees listed in the TACB inspection fee schedule, and improves the information required on each fee return form. Public hearings were held in Austin on May 29 and June 13, 1991. Testimony was received from four commenters during the comment period which closed June 14, 1991. An individual supported the proposal, the Texas Farm Bureau and the Texas Agricultural Cooperative Council opposed it, and Star Enterprise suggested an improvement in the wording of the rule. The following discussion addresses the specific comments on the proposed amendments. The Texas Farm Bureau requested that the TACB consider the economic impact of any fee increase and refrain from causing any negative impact on the agricultural industry. The preamble to the May 3 proposal mentioned that the increase in inspection fees is needed to help the agency recover the additional costs associated with increased enforcement work loads. This fee increase is the first in nearly four years. The staff recognizes that any increase in fees will result in some economic impact on the accounts which pay the fees, however, considerable effort has been made to ensure that this impact is not unreasonable. With regard to the commenter's request for special consideration for the agricultural industry, there is little reason for concern because of increased inspection fees. Currently, the TACB does not collect inspection fees directly from farming and other agricultural businesses. Furthermore, the TACB inspection fee schedule includes categories for only four manufacturing industries which are agriculturally- related: cane sugar manufacturing, cottonseed oil mills, malt beverages, and agricultural chemicals. These manufacturing industries are included in the schedule because they place a relatively high demand on agency resources when consideration is given to total emissions, violations, number of inspections performed, difficulty of inspections, and complexity of the category of industry. The Texas Agricultural Cooperative Council objected to an apparent lack of justification for the increase in inspection fees. Further, the council implied that the TACB has cited a need to implement provisions of the new Federal Clean Air Act (FCAA) as a reason for those increases. As discussed earlier, justification was provided in the preamble to the May 3 proposal. The preamble discussed increased work loads and costs to the agency, but no mention was made of the FCAA because the proposed amendments and implementation of the FCAA are not related. The same commenter suggested that the TACB wait for the arrival of anticipated revenues due in conjunction with future FCAA implementation. The staff has proposed an emissions-based fee in response to the FCAA. The proposal will assess a fee based on emissions quantities, but will provide that only the greater of the emissions fee or the inspection fee be paid, not both. As a result, a significant number of accounts, in the future, are likely to pay an emissions fee and not a TACB inspection fee. Star Enterprise recommended that the third sentence of s101.24(a) be changed to eliminate some ambiguity and to clarify intent. The commenter suggested the third sentence be replaced as follows: "If an emissions fee is adopted by the TACB, each account shall pay the higher of the inspection fee or the emissions fee, but not both." The staff has made this clarification and has added a sentence to explain that an applicable emissions fee will be due by a deadline specified by the board in a separate emissions fee rule. No other comments on the proposed revisions were received. However, the inspection fee schedule reference date has been changed from May 29, 1991, as proposed in subsection (a), to August 30, 1991 to reflect the date of adoption. Also, the agency address has been added to subsection (b) for clarification. The amendment is adopted under the Texas Clean Air Act (TCAA), sec.382.017, Texas Health and Safety Code, (Vernon, 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purpose of the TCAA. sec.101.24. Inspection Fees. (a) Applicability. The owner or operator of each account to which this rule applies, as defined in this subsection, shall remit to the Texas Air Control Board (TACB) an annual inspection fee each fiscal year. A fiscal year is defined as the period from September 1-August 31. If an emissions fee is adopted by TACB, each account shall pay the higher of the inspection fee or the emissions fee, but not both. An emissions fee, if applicable, shall be due and payable as specified by separate rule. For purposes of this section, an account shall be defined as all of the facilities located at a property. Properties under common ownership, but containing separate operations, or managed independently, or carried on the records of this agency under separate account numbers, will be charged a separate fee for each such account, even if the properties are contiguous or are contiguous except for intervening roads, railroads, rights-of-way, waterways, and the like. The inspection fee shall apply to each account which contains one or more of the types of plants, facilities, and/or processes described in the TACB inspection fee schedule, dated August 30, 1991, as filed with the Secretary of State's Office and herein adopted by reference. References for the industrial categories used are provided in the Standard Industrial Classification (SIC) Manual (Executive Office of the President, Office of Management and Budget, 1087). If more than one SIC category can apply to an account, the fee assessed shall be the highest fee listed for the applicable classifications in the fee schedule. Provisions of the section apply to all accounts, including accounts which have not been assigned specific TACB account numbers. The owner or operator of an account subject to an inspection fee requirement is responsible for contacting the appropriate TACB regional office to obtain an account number. In the event that an account is not operated for the entire fiscal year for which the fee is assessed, an inspection fee is not due provided TACB is notified in writing that the plant is not and will not be in operation during that fiscal year. If an account is operated at any time during the fiscal year, a full inspection fee is due. (b) Payment. (Fees shall be remitted to the TACB Austin Office, 12124 Park 35 Circle, Austin, Texas 78753 (Attention: Inspection Fees), in the form of a check or money order made payable to the Texas Air Control Board. A completed inspection fee return form shall accompany fees remitted. The inspection fee return form shall include, at least, the company name, property address, mailing address, TACB account number, the SIC category on which the fee was determined, and the name and telephone number of the person to contact in case questions arise regarding the fee payment. (c)-(d) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 30, 1991. TRD-9110801 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Effective date: May 3, 1991 Proposal publication date: September 25, 1991 For further information, please call: (512) 908-1770 Chapter 114. Control of Air Pollution from Motor Vehicles 31 TAC sec.114.11 The Texas Air Control Board (TACB) adopts an amendment to sec.114.11, concerning alternative fuel requirements for transit authorities, without changes to the proposed text as published in the April 23, 1991, issue of the Texas Register (16 TexReg 2277). The amendment accomplishes two changes: the percentage conversion requirements specified by Senate Bill (S.B.) 769, 71st Legislature, may be met by conversion of any fleet vehicle to an acceptable alternative fuel; and a time limit of two years was established for exemptions from the alternative fuel conversion requirements. The Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, sec.5(C)(1), requires categorization of comments as being for or against a proposal. A commenter who suggested any changes in the proposal is categorized as against the proposal, while a commenter who agreed with the proposal in its entirety is categorized as being for the proposal. Two commenters testified against the proposal: one individual and the American Methanol Institute (AMI). The Texas LP-Gas Association (TLPGA testified in favor of the proposal. A summary of comments and discussion of issues follows. Copies of the written testimony and hearing transcript are available for inspection at the TACB office, 12124 Park 35 Circle, Austin, Texas 78753. The TLPGA supported the proposed amendment allowing transit authorities to use conversions of non-revenue fleet vehicles to meet the conversion requirements outlined in sec.114.11(c), concerning alternative fuel requirements for transit authorities. The TLPGA stated that the adoption of this amendment will help transit authorities meet the short-term requirements of S.B. 769 and avoid potential initial compliance problems for transit diesel buses (revenue vehicles). A private citizen expressed disapproval for allowing transit authorities to use the entire vehicle fleet to achieve the required conversion percentages. He felt that this would delay the conversion process when conversion technology is currently available. Although alternative fuel conversion technology for transit bus engines is available, the technology is still considered developmental. The staff expects transit authorities to make every effort possible to convert revenue vehicles to alternative fuels. However, after a review of the progress of implementation of the transit authorities affected by this rule, the staff found that even the most aggressive transit property was unable to meet the conversion requirements with strictly revenue vehicles. The staff's understanding during the initial development of s114.11, was the intent of S.B. 769 was to require the conversion of primarily diesel-fueled revenue vehicles. Additional legal review of the bill, however, revealed that the statute is less restrictive and applies to vehicles required to be registered under Texas Civil Statutes, Article 6675a-2. The Texas Land Office which originally promoted the adoption of S.B. 769, has concurred with this interpretation. The TLPGA supported the automatic expiration of exemptions and noted that the two-year limit will ensure that the applicant's qualifications are reviewed periodically in light of rapid advancements in alternative fuel technology and availability. A private citizen commented against any exemptions from the alternative fuel conversion requirements because of public health concerns. Specific exemptions from the alternative fuels conversion requirements were outlined by the Legislature in S.B. 769. The initial adoption of sec.114.11 allowed a permanent exemption from the provisions of the conversion requirements if specific conditions could be met and documented to the satisfaction of the TACB executive director. The proposed language would restrict the time an exemption could be claimed to two years. This provision is more stringent than the existing regulation and provides the opportunity for greater air quality benefits in the future. The commenter appears to have misinterpreted the intent of the proposed revision. The AMI made several comments regarding the benefits and availability of methanol as an alternative fuel and noted that it intended to petition the TACB to include methanol as an acceptable alternative fuel under sec.114.11. While these comments are beyond the scope of this hearing, it is worthwhile to note that the TACB is willing to consider additions to the list of acceptable alternative fuels. Additions to that list would be considered upon favorable review of such a petition from AMI or any other individual that included documented evidence that a fuel had emissions comparable with those from natural gas. Such documentation must include comparative emissions data collected using federal test procedures from a reliable laboratory. A separate public hearing and formal rulemaking process would then be required to revise the list of alternative fuels. 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-9110802 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Effective date: September 25, 1991 Proposal publication date: April 23, 1991 For further information, please call: (512) 908-1000 Chapter 116. Permits 31 TAC sec.116.11 The Texas Air Control Board (TACB) adopts an amendment to sec.116.11, concerning permit fees, with changes to the proposed text as published in the July 2, 1991, issue of the Texas Register (16 TexReg 3680). The amendment to sec.116.11 adds separate and distinct permit fees for all facilities which must comply with the prevention of significant deterioration of air quality (PSD) regulations promulgated by the United States Environmental Protection Agency. Also, the amendment increases the current permit fees for facilities not subject to the PSD regulations, and makes minor changes elsewhere in the section. A public hearing was held July 30, 1991, and the comment period was closed July 31, 1991. No public comments were received on the proposal. However, the staff has divided each of the first sentences of sec.116.11(b)(2)(A) and (B) into two sentences for clarification. The amendment is adopted under the Texas Clean Air Act, (TCAA), sec.382.017, Texas Health and Safety Code, (Vernon 1990), which provides the TACB with the authority to adopt rules consistent with the policy and purpose of the TCAA. sec.116.11. Permit Fees. (a) Applicability. Any person who applies for a permit to construct a new facility or to modify an existing facility pursuant to sec.116.1 of this title (relating to Permit Requirements) shall remit, at the time of application for such permit, a fee based on the estimated capital cost of the project. The fee will be determined as set forth in subsection (b) of this section concerning determination of fees. (b) Determination of fees. (1) (No change.) (2) The following fee scheduled may be used by a permit applicant to determine the fee to be remitted with a permit application. (A) If the estimated capital cost of the project is less than $300,000 or if the project consists of new facilities controlled and operated directly by the federal government for which an application is submitted after January 1, 1987, and the federal regulations for prevention of significant deterioration (PSD) of air quality do not apply, the fee is $450. For such projects subject to the PSD regulations, the fee is $1,500. The provisions of paragraphs (3) and (4) of this subsection do not apply to a project consisting of new facilities controlled and operated directly by the federal government. (B) If the estimated capital cost of the project is $300,000 or more and the PSD regulations do not apply, the fee is 0.15% of the estimated capital cost of the project. For such projects subject to the PSD regulations, the fee is 0. 5% of the estimated capital cost of the project. The maximum fee is $75,000. (3)-(4) (No change.) (c) Payment of fees. All permit fees will be remitted in the form of a check or money order made payable to the Texas Air Control Board and delivered with the application for construction permit, special permit, or permit amendment to the Texas Air Control Board, 12124 Park 35 Circled, Austin, Texas 78753. Required fees must be received before the agency will begin examination of the application. (d)-(f) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 30, 1991. TRD-9110803 Lane Hartsock Director, Planning and Development Program Texas Air Control Board Effective date: September 25, 1991 Proposal publication date: July 2, 1991 For further information, please call: (512) 908-1770 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter L. Motor Fuels Tax 34 TAC sec.3.175 The Comptroller of Public Accounts adopts an amendment to sec.3.175, concerning liquefied gas tax decal, without changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3994). The amendment exempts public school districts and counties in this state from the liquefied gas tax. Public school districts and counties are exempt from prepaying the tax and obtaining a decal for each vehicle powered by liquefied gas. Senate Bill 417, adopted in the 71st Legislature, 1989, exempts public school districts from the liquefied gas tax. House Bill 1111, adopted in the 72nd Legislature, 1991, exempts counties from the liquefied gas tax. Both Senate Bill 417 and House Bill 1111 made the exemption of liquefied gas tax effective September 1, 1991. This proposed amendment carries the same effective date. No comments were received regarding adoption of the amendment. The amendment is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. 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 28, 1991. TRD-9110571 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 18, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 463-4028 Subchapter O. State Sales and Use Tax 34 TAC sec.3.285 The Comptroller of Public Accounts adopts an amendment to 3.285, concerning resale certificate; sales for resale, with changes to the proposed text as published in the June 14, 1991, issue of the Texas Register (16 TexReg 3244). The amendment was needed to clarify the comptroller's position in several areas. One amendment covers an item purchased both for resale and use. The second amendment provides information to retailers regarding the time period for obtaining resale certificates prior to an audit. The following comments were received from the Texas Association of Taxpayers and changes to the section were made as a result. The association felt that sellers needed to be aware of the actual time an auditor begins work. To indicate when an auditor actually begins work, the phrase "after the entrance conference" was added to the sentence in subsection (b)(4), which now reads, "All certificates obtained on or after the date the comptroller's auditor actually begins work on the audit at the seller's place of business or on the seller's records after the entrance conference are subject to verification." The association also requested that the comptroller set out in the section the comptroller's policy on when the 60-day notice will be issued. The following language was also added to subsection (b)(4) to comply with their request: "Written notice shall be given by the comptroller upon the filing of a petition for redetermination or claim of refund." Finally, the association requested that the phrase "in another state" be changed to "outside the state" in subsection (e)(1). The amendment is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. sec.3.285. Resale Certificate; Sales for Resale. (a) (No change.) (b) Acceptance of resale certificate. (1) All gross receipts of a seller are subject to sales or use tax unless a properly completed resale or exemption certificate is accepted by the seller. A properly completed resale certificate contains the information required by subsection (g) of this section. See also sec.3.287 of this title (relating to Exemption Certificates). (2) (No change.) (3) A resale certificate may be signed by a purchaser at the time of purchase if the purchaser intends to resell, lease, or rent the taxable item or transfer it as an integral part of a taxable service in the regular course of business. (4) The seller should obtain a properly executed resale certificate at the time the taxable transaction occurs. All certificates obtained on or after the date the comptroller's auditor actually begins work on the audit at the seller's place of business or on the seller's records after the entrance conference are subject to verification. All incomplete certificates will be disallowed regardless of when they were obtained. The seller has 60 days from the date written notice is received by the seller from the comptroller in which to deliver the certificates to the comptroller. Written notice shall be given by the comptroller upon the filing of a petition for redetermination or claim for refund. For the purposes of this section, written notice given by mail is presumed to have been received by the seller within three business days from the date of deposit in the custody of the United States Postal Service. The seller may overcome the presumption by submitting proof from the United States Postal Service or by other competent evidence showing a later delivery date. Any certificates delivered to the comptroller during the 60-day period will be subject to independent verification by the comptroller before any deductions will be allowed. Certificates delivered after the 60-day period will not be accepted and the deduction will not be granted. See sec.3.282 of this title (relating to Auditing Taxpayer Records) and sec.3.286 of this title (relating to Seller's and Purchaser's Responsibilities). (c)-(d) (No change.) (e) Improper use of items purchased for resale. (1) When an item is removed from a valid tax-free inventory for use in Texas, Texas sales tax is due. Texas sales tax is not due on items removed from a valid tax-free inventory for use outside the state. When an item purchased under a resale certificate is used for any purpose other than retention, demonstration, or display, the purchaser is liable for sales tax based on the fair market rental value of the item for the period of time used. The fair market rental value is the amount that a purchaser would pay on the open market to rent the item for use. If the item has no fair market rental value, the sales tax is due based upon the purchase price. (2)-(3) (No change.) (f) Improper use of a resale certificate. A person may not issue a resale certificate at the time of purchase for a taxable item if the person knows the item is being purchased for a specific taxable use. Any person who issues a resale certificate when purchasing a taxable item who knows, at the time of purchase, the item will be used for a purpose other than resale, lease, or rental in the normal course of business is guilty of a criminal offense. (g) (No change.) (h) Form of a resale certificate. A resale certificate must be substantially in the form set out as follows: [graphic] This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 28, 1991. TRD-9110573 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 18, 1991 Proposal publication date: June 14, 1991 For further information, please call: (512) 463-4028 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VIII. Commission on Fire Protection Personnel Standards and Education Chapter 233. Standards for Certification 37 TAC sec.233.91 The Commission on Fire Protection Personnel Standards and Education adopts an amendment to sec.233.91, concerning instructor training courses, without changes to the proposed text as published in the July 30, 1991, issue of the Texas Register (16 TexReg 4146). The amendment will provide clarification of instructor qualification for certain instructor courses and establish reciprocity agreements with other state agencies as established by the commission. The result of enforcing the amendment will be clarification and simplification of procedures for instructor certification and an improvement in inter-agency cooperative efforts. 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-9110665 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: September 20, 1991 Proposal publication date: July 30, 1991 For further information, please call: (512) 837-9851 Chapter 243. Continuing Education 37 TAC sec.sec.243.1, 243.3, 243.5, 243.7 The Commission on Fire Protection Personnel Standards and Education adopts new sec.sec.243.1, 243.3, 243.5, and 243.7, concerning continuing education, without changes to the proposed text as published in the July 30, 1991, issue of the Texas Register (16 TexReg 4146). The new sections will provide a better trained fire service due to mandated training for renewal of certification and will result in an overall improvement in the level of training completed by fire protection personnel, resulting in an equal improvement in the level of service provided to the public. The new sections will mandate completion of specified amounts of continuing education for fire protection personnel in order for their certification to be renewed. One comment was submitted by an individual recommending a re-education of the continuing education requirement. The agency disagrees with the comment because the need for continuing education has been clearly documented and the specified amount is reasonable and should not cause a hardship for any entity required to comply. The new sections 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-9110666 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: September 20, 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 10. Family Self-support Services Child Care Management Services Statewide Implementation The Texas Department of Human Services (DHS) adopts new s10.3458 without changes to the proposed text as published in the June 21, 1991, issue of the Texas Register (16 TexReg 3346). Justification for the new section is continuity of child care from vendors who are assured of reimbursement on a consistent basis. The new section will function by requiring CCMS contractors to reimburse vendors according to time frames specified by DHS in the CCMS contract. No comments were received regarding adoption of the new section. The new section is adopted under the Human Resources Code, Title 2, Chapters 22 and 44, which authorizes the department to administer public assistance and day care 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 30, 1991. TRD-9110709 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1991 Proposal publication date: June 21, 1991 For further information, please call: (512) 450-3765 Chapter 19. Long-Term Care Nursing Facility Requirements for Licensure and Medicaid Certification Subchapter G. Resident Assessment 40 TAC sec.19.604 The Texas Department of Human Services (DHS) adopts an amendment to sec.19. 604 concerning preadmision screening and annual resident review (PASARR), without changes to the proposed text as published in the April 23, 1991, issue of the Texas Register (16 TexReg 2280). The purpose of the amendment is to change existing rule language to ensure that all appropriate individuals are identified by the Preadmission Screening and Annual Resident Review (PASARR) process and that all case managerial reports are properly filed. The amendment will function by ensuring that persons with mental illness are identified by the PASARR process to ensure that they receive appropriate treatment. Comments were received from the Texas Health Care Association (THCA). A summary of the comments and DHS's response follows. Comment: THCA supports the amendments that clarify when a person can be immediately admitted or continue residing in a nursing facility. Also, the association supports the monthly reporting by the case manager to the nursing facility. THCA, however, opposed the proposed drug changes because of concern that the changes will increase the number of individuals who require a PASARR assessment. Response: The State of Texas is required to screen all individuals who are taking psychotherapeutic drugs as an indication of a mental illness. There- fore, to comply with federal requirements proposed by the Health Care Financ- ing Administration in the Federal Register March 23, 1990, and approved by the Texas Board of Human Services, DHS is adopting the amendments without changes. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 29, 1991. TRD-9110612 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 15, 1991 Proposal publication date: April 23, 1991 For further information, please call: (512) 450-3765 Chapter 27. Intermediate Care Facility for Mentally Retarded (ICFs-MR) The Texas Department of Human Services (DHS) adopts the repeal of sec.27.415 and adopts new sec.27.415, concerning ICF-MR level of care VIII for persons with related conditions. New s27.415 is adopted with changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3995). The repeal of sec.27.415 is adopted without changes and will not be published. The purpose of the repeal and new section is to provide more detail concerning the rate determination for the Intermediate Care Facilities for the Mentally Retarded/Related Conditions (ICF-MR/RC) VIII experimental class. Also, the repeal and new section make the rule comparable to the Health Care Financing Administration (HCFA) approved Medicaid state plan. New sec.27.415 also delineates the assessment and review procedures for the program. New sec.27.415 describes the ICF-MR/RC rate structure, which consists of a base rate and seven separate supplemental rates. The base rate is intended to reflect the standard costs of providing care and active treatment in a six-bed facility. The base rate is composed of the small facility ICF-MR V rate and estimated additional costs for devices such as personal computers that individuals need in order to carry on a conversation and make basic needs known. An ICF-MR/RC facility will receive the base rate for all Medicaid-eligible persons residing in the facility. New sec.27.415 defines the specific criteria, based on the DHS 3652 series form, which are used to determine eligibility for supplemental payments up to a specified maximum rate. The supplemental payments target specific attributes of certain related conditions that require more facility space or equipment, additional staffing, or additional professional staff time. New sec.27.415 also provides for reviews and appeals of decisions resulting from information contained in the DHS 3652 series forms. Staff from the Texas Department of Mental Health and Mental Retardation (TDMHMR) will conduct desk reviews and in-depth, on-site reviews of samples of DHS 3652 series forms. If a reviewer finds an error on a form, the reviewer will discuss the error with facility staff and make appropriate corrections. If the correction changes the funds due the ICF-MR/RC facility, DHS will adjust the provider payments. A provider who disagrees with a TDMHMR review must follow procedures for informal reviews and administrative hearings to resolve the differences. No comments were received regarding adoption of the repeal and new section. However, DHS is adopting sec.27.415(c)(2) with a minor editorial correction involving renumbering the subdivisions within the paragraph. There is no substantive change made to the contents of the paragraph. Subchapter D. Reimbursement Methodology 40 TAC sec.27.415 The repeal is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. 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 30, 1991. TRD-9110707 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 15, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 450-3765 The new section is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. sec.27.415. ICF-MR/RC VIII Experimental Class. (a) ICF-MR/RC VIII facility class. The Texas Department of Human Services (DHS) defines as an experimental class community-based facilities that are certified as intermediate care facilities for the mentally retarded/related conditions (ICF-MR/RC VIII) and that have no more than six Medicaid-contracted beds. Cost reports from facilities in this experimental class will not be included in the cost arrays that are used to determine reimbursement rates for other classes of providers. (1) Facilities in the ICF-MR/RC VIII class receive per diem rates based on pro forma budgets for operation of facilities in this class. DHS staff develop rates for this class of providers on a pro forma budget because of a lack of cost report information about the cost of client care by this class of provider. DHS staff develop pro forma budgets based on a base rate and supplemental amounts. (2) The base rate is intended to capture the standard costs of providing care and active treatment in a comparable six-bed facility. The base rate is comprised of the small facility ICF-MR V rate and estimated additional costs for augmentative communication devices. Augmentative communication devices supplement or augment speech. These devices help an individual carry on a conversation and make basic needs known. These devices include, but are not limited to, personal computers, communication boards, speech synthesizers, and communication software packages. The base rate and supplemental payments were developed in close consultation with staff of the Texas Department of Mental Health and Mental Retardation (TDMHMR) and other professionals experienced in direct service delivery and program monitoring. (3) The supplemental amounts target specific client characteristics that are known to require additional facility space, equipment, staffing intensity, or professional staff time. Costs for additional facility space or equipment are derived from the median cost reported on the most recently submitted ICF-MR provider fiscal year cost reports. Additional staffing costs are estimated from the most recent ICF-MR wage and hour survey. Wage and hour information is collected at least annually in the ICF-MR provider fiscal year cost report. Wage and hour surveys other than those collected in the cost report may be used. As specified in sec.24.301 of this title (relating to Determination of Inflation Indices), costs from wage and hour surveys and cost reports are projected from the cost report or wage and hour survey base period to the rate period. (b) ICF-MR/RC VIII rate determination. The Board of Human Services revises ICF-MR/RC VIII rates at least annually based on anticipated cost increases. The board continues to set rates for this class in this manner until enough Medicaid cost-report data become available to determine rates on the basis of cost reports. The base rate and supplemental rates are uniform statewide rates. Payment rates vary by clients, based on their eligibility for supplemental payments. (c) Supplemental rate determination. In order to obtain a Level-of-Care VIII assignment, the ICF-MR/RC facility must complete DHS's level of care assessment form for every Medicaid client living in the facility. DHS reimbursement rates for the ICF-MR/RC program vary according to the assessed characteristics of each client. Each client is eligible for a base rate. The reimbursement rate for persons whose needs require a significantly greater than normal amount of care is composed of the base rate plus one or more supplemental payment rates. These supplemental payments are determined on an individual basis when criteria are met for selected items on DHS's level of care assessment form. (1) The supplemental rate classification system. The ICF-MR/RC rate structure consists of a base rate and seven separate supplemental amounts. The base rate is based on the standard costs of providing care and active treatment in a six-bed facility. The supplemental amounts target specific characteristics of certain related conditions that are known to require more facility space or equipment, additional staffing time, or additional professional staff time. (A) All Medicaid-eligible persons residing in an ICF-MR/RC facility will receive the base rate. Persons who meet specific criteria based on DHS's level of care assessment form will be eligible for supplemental payments up to a specified maximum rate. The first supplemental payment will pay the cost of all additional services, space, or equipment. The second and successive supplemental payments will pay only for costs other than direct care costs since the necessary direct care costs have already been factored into the first supplemental payment. (B) The seven supplemental rate classifications are based on the following criteria on DHS's level of care assessment form: (i) Supplement 514 is applicable when Item 32 equals 5 or 6, and Item 33 equals 5. (ii) Supplement 515 is applicable when Item 32 equals 5 or 6, and Item 33 equals 6, or Item 52 equals 8. (iii) Supplement 516 is applicable when Item 37 equals 6. (iv) Supplement 517 is applicable when Item 39 equals 6, and Item 40 equals 5 or 6 or 7. (v) Supplement 518 is applicable when Item 82 equals 8 or 9, or Item 83 equals 7 or 8, or Item 85 equals 8 or 9, or Item 86 equals 8 or 9. (vi) Supplement 519 is applicable when Item 83 equals 9. (vii) Supplement 520 is applicable when Item 64 equals 3. (2) Supplemental rate determination effective periods. The effective periods of supplemental rate classifications are as follows. A supplemental rate classification and associated per diem rate payment remain in effect until the individual's next required continued-stay review, unless one of the following events takes place: (A) the individual is discharged and subsequently qualifies for a new admission assessment; (B) a provider submits an off-cycle assessment as specified in paragraph (3) of this subsection; (C) a provider submits an assessment requesting a change in level of care and the Texas Department of Health (TDH) approves it; (D) a provider submits an assessment requesting a change in supplemental rate status and the TDH approves it; or (E) a TDMHMR reviewer revises DHS's level of care assessment and rate classification under the provisions of paragraph (4) of this subsection. (3) Individual assessment. DHS's level of care assessment form is completed to determine ICF-MR/RC program eligibility. This assessment establishes the rate payment for which the individual is eligible. The continued stay review periods are determined as follows. (A) The preadmission assessment establishes the rate for the individual and sets a continued stay review period. (B) A continued stay review assessment establishes a new rate and continued stay review period for the individual. (C) If an individual's characteristics change to the extent that he qualifies for a different rate category, the provider may submit an off-cycle assessment. Only two off-cycle assessments for any one individual may be submitted by the facility per year, one for the period from January through June, and one from July through December. An off-cycle assessment establishes a new rate classification only if the individual qualifies for a new supplemental rate category. The assessment sets a new continued stay review period. (D) A DHS level of care assessment form may be submitted for the purpose of allowing a provider to correct errors previously made in the assessment portion of the forms. This does not change the continued stay review period or necessarily change the rate. Corrections must be submitted within 60 days from the date of assessment. Requests for changes after the 60 days will not be accepted. Submit a copy of the DHS level of care assessment form containing the error and a new corrected form to TDMHMR, Attention: ICF-MR Program Director, P. O. Box 12668, Austin, Texas, 78711. (4) Individual assessment reviews. (A) TDMHMR Staff conduct desk reviews and in-depth, on-site reviews of samples of DHS's level of care assessment form completed by providers for the ICF-MR/RC program. TDMHMR staff will, at their discretion, perform as many desk reviews and on-site reviews as needed to ensure the integrity of the ICF-MR/RC program. (B) When a reviewer identifies an error or an inconsistency on an assessment form, the reviewer will discuss the error with facility staff, and make appropriate corrections. The reviewer will verbally inform the facility staff of any changes that he or she makes to DHS's level of care assessment form. The facility administrator will be notified of the changes by certified mail. If, as a result of the change, there is a reduction in the amount of Medicaid funds due the ICF-MR/RC, DHS shall recoup the funds previously paid to the provider under the incorrect and/or erroneous DHS level of care assessment form. Similarly, if any change in DHS's level of care assessment form increases the amount of Medicaid funds due the ICF-MR/RC facility, DHS will pay the ICF-MR/RC facility the increase. The change and the associated per diem rate become effective with the "effective date" of DHS's level of care assessment form under review. This change is made when the reviewer determines that DHS's level of care assessment form is not substantiated and/or does not accurately reflect the recipient's status. Changes remain in effect until a new assessment is submitted as specified in paragraph (3) of this subsection. (5) Informal reviews and administrative hearings. In order to resolve any differences, a provider who disagrees with the TDMHMR on-site reviews or adjustments must follow the procedures for informal reviews and administrative hearings set forth in this section. Only contracted providers are permitted to file for informal reviews and administrative hearings. Providers may be represented in these reviews and hearings by attorneys who are currently licensed to practice law in Texas. (A) Informal reviews. A provider who does not agree with decisions regarding the assignment of a client into a particular supplemental payment rate category may request an informal review of the decision. The review is an informal meeting rather than a formal administrative hearing. Within 15 calendar days following notification of the decision, the provider must request a review by writing: Texas Department of Human Services, Attention ICF-MR Program Specialist, Mail Code W-519, P. O. Box 149030, Austin, Texas 78714-9030. A request for a review must be postmarked within 15 days of the notification of the decision. At the earliest possible date for all parties concerned, DHS will arrange for a review at which the provider may present information supporting his argument with the decisions in question. Staff members from DHS and TDMHMR will consider the provider's case and render a written decision within 30 days of the review by certified mail, return receipt requested. When necessary, DHS or the provider may request the services of an expert in a specific developmental disability to assist in the informal review. (B) Administrative hearings. If a provider does not agree with the result of an informal review, the provider may request a formal administrative hearing. The provider must file a written request for a hearing with the Hearings Department, Texas Department of Human Services, Mail Code E-605, P. O. Box 149030, Austin, Texas 78714-9030, within 30 days after receiving the review panel's decision. A provider may not request an administrative hearing before receiving DHS's written review decision as specified in subparagraph (A) of this paragraph. The administrative hearing is limited to the issues that were considered in the informal review process. DHS conducts administrative hearings according to the provisions of sec.sec.79.1605 through sec.79.1614 of this title (relating to Request for a Hearing, Effective Dates of Adverse Actions, Administrative Law Judge, Hearing Guidelines, Withdrawal of Hearing Request and Informal Disposition, Conduct of Hearings-General Requirements, Prehearing Procedure, Evidence and Depositions, Deliberation, and Decisions). If there is a conflict between the applicable sections of Chapter 79 of this title (relating to Legal Services) and the provisions of this chapter, the provisions of this chapter will prevail. 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 30, 1991. TRD-9110708 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 15, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 450-3765 Open Meetings Agencies with statewide jurisdiction must give at least seven days notice before an impending meeting. Institutions of higher education or political subdivisions covering all or part of four or more counties (regional agencies) must post notice at least 72 hours prior to a scheduled meeting time. Some notices may be received too late to be published before the meeting is held, but all notices are published in the Texas Register. Emergency meetings and agendas. Any of the governmental entities named above must have notice of an emergency meeting, an emergency revision to an agenda, and the reason for such emergency posted for at least two hours before the meeting is convened. Emergency meeting notices filed by all governmental agencies will be published. Posting of open meeting notices. All notices are posted on the bulletin board outside the Office of the Secretary of State on the first floor of the East Wing in the State Capitol, Austin. These notices may contain more detailed agenda than what is published in the Texas Register. Texas Department on Aging Thursday, September 12, 1991, 10 a.m. The State Citizens Advisory Council (CAC) of the Texas Department on Aging (TDoA) will meet at the Texas Department on Aging, 1949 South IH-35, Third Floor Conference Room, Austin. According to the agenda summary, the council will call the meeting to order; discuss approval of June 6, 1991 minutes; receive public testimony; TDHS' projected service reductions; executive director's report on appropriations and other legislation to include: restructuring of state government appropriations Rider #9, $134,912 reduction in appropriations; expenditure of Housing Bond fees; approval of FY 1992-1993 operating budget; RSVP funding formula; eldercare initiative awards process; FY 1992-1993 options for independent living program awards process; program reports to include approval of FY 1992 area plan amendments; issues/concerns of T4A; scheduling of CAC and other meetings; applying IRS regulations on partial per diem for CAC; discussion of CAC committees; general announcements; and adjournment. Contact: Ann Ammons, P.O. Box 12786, Austin, Texas 78711, (512) 444-2727. Filed: August 30, 1991, 8:28 a.m. TRD-9110657 Thursday, September 19, 1991, 8:30 a.m. The Texas Board on Aging of the Texas Department on Aging will meet at the Texas Department on Aging, 1949 South IH-35, Third Floor Conference Room, Austin. According to the agenda summary, the board will call the meeting to order; discucc approval of minutes of June 13, 1991 and August 12, 1991 minutes; receive public testimony; TDHS' projected service reductions; executive director's report on appropriations and other legislation to include: restructuring of state government appropriations Rider #9, $134,912 reduction in appropriations; approval of expenditure of Housing Bond fees; approval of operating budget; approval of RSVP funding formula; approval of FY 1992-1993 options for independent living program awards; program reports to include approval of FY 1992 area plan amendment; issues/concerns of T4A; scheduling of CAC and other meetings; IRS regulations on partial per diem for CAC and board members; report on September 12, 1991 CAC meeting; designation of staff authority to approve vouchers; approval of executive director's financial disclosure statement; recognize board members; confirmation of board commissioner; internal audit program; general announcements; and adjourn. Contact: Polly Sowell, P.O. Box 12786, Austin, Texas 78711, (512) 444-2727. Filed: August 30, 1991, 8:29 a.m. TRD-9110658 Texas Department of Agriculture Wednesday, September 11, 1991, 2 p.m. The Texas Department of Agriculture will meet at the Texas Department of Agriculture, 1700 North Congress Avenue, Stephen F. Austin Building, Ninth Floor Conference Room, Austin. According to the complete agenda, the department will hold an administrative hearing to review alleged violation of Texas Agriculture Code Annotated sec.103. 001, et. seq. by Olton Produce as petitioned by Danny Smith. Contact: Dolores Alvarado Hibbs, P.O. Box 12847, Austin, Texas 78711, (512) 463-7583. Filed: September 3, 1991, 2:22 p.m. TRD-9110761 Texas Antiquities Committee Friday, September 20, 1991, 9:30 a.m. The Texas Antiquities Committee will meet at the Stephen F. Austin Building, 1700 North Congress Avenue, Austin. According to the agenda summary, the committee will approve minutes of previous meeting of May 17, 1991; discuss the legislative report; designate State Archeological Landmarks (SALs) in Brewster and Presidio Counties; nominate SALs in Gillespie and Tarrant Counties; nominate and discuss certificates of merit and excellence; resent a resolution for Jesus de la Teja; present an update on the operating budget for FY 1992-1993; hear a presentation on TAC Permit #1000, Cullinan Park Survey; and hear a staff report. Contact: Kathleen McLaughlin, P.O. Box 12276, Austin, Texas 78711, (512) 463-6098. Filed: September 4, 1991, 10:01 a.m. TRD-9110805 State Bar of Texas Wednesday, September 11, 1991, 10 a.m. The Commission on Lawyer Discipline of the State Bar of Texas will meet at 500 Throckmorton, Suite 2604, Fort Worth. According to the agenda summary, the commission will introduce Sam Denny, advisor; resolution of cases filed and resolved; discuss disciplinary cases resolved since August 7, 1991; statistical reports on discipline; pending litigation and settlement offers (closed executive session pursuant to Article 6252-17(2)(e); reconvene in open meeting to discuss case load update; private attorneys for pro bono prosecution of disciplinary cases; advisory committee reports-standard responses, ABA standards, insurance, case status reports, finance and budgeting; computer reporting; approval of minutes of prior meetings; review of prayer for relief in cases of less magnitude; expansion of grievance committees; discuss operating rules and procedures; appointment of advisory committee; duties and authority of commission; general counsel budget considerations; organization of the general counsel's office; budgetary considerations; performance of chief disciplinary counsel (closed executive session pursuant to Article 6252-17(2)(g); reconvene in open meeting to discuss Supreme Court appointment of three additional public members; report on El Paso meeting; and discuss future meeting dates and locations. Contact: Lori Markham, 400 West 15th Street, Suite 1500, Austin, Texas 78711, (512) 463-1381. Filed: September 3, 1991, 4:36 p.m. TRD-9110786 Battleship Texas Advisory Board Thursday, September 12, 1991, 3 p.m. The Battleship Texas Advisory Board will meet at the Offices of Liddell, Sapp, 600 Travis Street, 32nd Floor Conference Room, Houston. According to the agenda summary, the board will consider various items with respect to the Battleship Texas restoration. Contact: Robert D. Miller, 3200 Texas Commerce Tower, Houston, Texas 77002, (713) 226-1186. Filed: September 4, 1991, 10:38 a.m. TRD-9110807 Texas Bond Review Board Tuesday, September 10, 1991, 10 a.m. The Texas Bond Review Board will hold an emergency meeting at the State Capitol, Sergeant's Committee Room, Austin. According to the agenda summary, the board will call the meeting to order; approve minutes; consideration of proposed issues; discuss other business; and adjourn. The emergency status is necessary to allow timely consideration of agenda items. Contact: Tom K. Pollard, 506 Sam Houston Building, 201 East 14th Street, Austin, Texas 78701, (512) 362-1741. Filed: September 4, 1991, 12:04 p.m. TRD-9110811 Texas Department of Commerce Wednesday, September 11, 1991, 9 a.m. The Board of Directors of the Texas Department of Commerce will meet at First City Centre Building, 816 Congress Avenue, 11th Floor Board Room, Austin. According to the agenda summary, the board will meet in executive session from 9-10 a.m.; convene in open meeting to adopt minutes of August 13, 1991; hear report from interim executive director; legislation update; review financial reports; discuss operating budget; foreign contracts; enterprise zone project designations; task force on streamlining agency; Texas Economic Development Foundation; signatory authority for approving vouchers; expenditure for travel trade brochure shells; proposed bond financing plan; RFP for senior managing underwriting for bond financing plan; and RFP for bond counsel concerning bond financing plan. Contact: Mike Regan, P.O. Box 12728, Austin, Texas 78701, (512) 320-9611. Filed: September 3, 1991, 4:18 p.m. TRD-9110773 Thursday, September 12, 1991, 8:30 a.m. The Program Policy Committee of the State Job Training Coordinating Council of the Texas Department of Commerce will meet at the Crest Hotel, 111 East First Street, Austin. According to the complete agenda, the committee will have orientation; hear public comment; briefing: older worker program; Texas Literacy Council update; briefing: Title IIB Summer Youth Employment Program update; briefing: communities in schools program update; veterans program update; and adjourn. Contact: Alexa Ray, P.O. Box 12728, Austin, Texas 78711, (512) 320-9884. Filed: August 29, 1991, 3:43 p.m. TRD-9110641 Thursday, September 12, 1991, 8:30 a.m. The Strategic Planning/Coordination Committee of the State Job Training Coordinating Council of the Texas Department of Commerce will meet at the Crest Hotel, 111 East First Street, Austin. According to the complete agenda, the committee will have orientation to committee role and responsibilities; hear public comment; briefing: current coordination initiatives-quality work force planning; TEA coordination initiatives; job opportunities and basic skills (JOBS) program; briefing: employment generating activities; action item: update on review process and proposed allocation of remaining PY91 education coordination 20% funds; PY91 Wagner-Peyser 7(B) policy/procedures (tentative); policy briefing; PY92-93 goals and objectives; and adjourn. Contact: Alexa Ray, P.O. Box 12728, Austin, Texas 78711, (512) 320-9884. Filed: August 29, 1991, 3:43 p.m. TRD-9110640 Thursday, September 12, 1991, 1 p.m. The Oversight Committee of the State Job Training Coordinating Council of the Texas Department of Commerce will meet at the Crest Hotel, 111 East First Street, Austin. According to the complete agenda, the committee will have orientation; hear public comment; act on PIC conflict of interest policy; briefing: SDA/SSA technical assistance plan status; break; briefing; PY90 Title IIA 6% incentive awards; briefing; PY90 fourth quarter fiscal report; briefing; monitoring system briefing and report; and adjourn. Contact: Alexa Ray, P.O. Box 12728, Austin, Texas 78711, (512) 320-9884. Filed: August 29, 1991, 3:44 p.m. TRD-9110642 Friday, September 13, 1991, 8:30 a.m. The State Job Training Coordinating Council (General Session) of the Texas Department of Commerce will meet at the Crest Hotel, 111 East First Street, Austin. According to the complete agenda, the council will call the meeting to order; hear public comment; action item; act on bylaws (full council); federal and state legislative updates; Texas Association of Private Industry Council's report; SDA Administrators Association report; work force director's report; break; oversight committee report and action item-PIC conflict of interest; program policy committee report; worker adjustment committee report; strategic planning/coordination committee report and action items-PY92 Wagner-Peyser 7(B) policy/procedures (tentative) and proposed allocation of remaining PY91 education coordination 20% funds; and adjourn. Contact: Alexa Ray, P.O. Box 12728, Austin, Texas 78711, (512) 320-9884. Filed: August 29, 1991, 3:44 p.m. TRD-9110643 Thursday, September 12, 1991, 1 p.m. The Worker Adjustment Committee of the State Job Training Coordinating Council of the Texas Department of Commerce will meet at the Crest Hotel, 111 East First Street, Austin. According to the complete agenda, the committee will have orientation; hear public comment; briefing: update on implementation of the PY91 Title III Program; break from 2-2:15 p.m.; briefing on federal funds-Department of Defense Funds and DOL discretionary funds; policy briefing: PY92-93 Title III Program policy options; and adjourn. Contact: Alexa Ray, P.O. Box 12728, Austin, Texas 78711, (512) 320-9884. Filed: August 29, 1991, 3:43 p.m. TRD-9110639 Texas State Board of Examiners of Professional Counselors Friday, September 13, 1991, 8:30 a.m. The Complaints Committee of the Texas State Board of Examiners of Professional Counselors will meet at the Board Offices, 4200 North Lamar Boulevard, Austin. According to the complete agenda, the committee will consider action on order to impose supervision on licensure status of F.G.M.; and prepare report on complaints, investigations, and pending hearing(s). Contact: Don F. Rettberg, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2900. Filed: September 4, 1991, 4:22 p.m. TRD-9110838 Friday, September 13, 1991, 11 a.m. The Applications, Licensing and Renewals Committee of the Texas State Board of Examiners of Professional Counselors will meet at the Board Offices, 4200 North Lamar Boulevard, Austin. According to the complete agenda, the committee will consider and possibly act on: applications of Frank Dwayne Ferguson, Sammy Yasin Gouti, Peggy J. (Rowland) Skinner, Cheyenne Smith, and others; development of requirements for supervisory training; and report on status of renewals. Contact: Don F. Rettberg, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2900. Filed: September 4, 1991, 4:23 p.m. TRD-9110839 Friday, September 13, 1991, 1 p.m. The Rules and Specialities Committee of the Texas State Board of Examiners of Professional Counselors will meet at the Board Offices, 4200 North Lamar Boulevard, Austin. According to the complete agenda, the committee will consider and possibly act on: report on adoption of previous amendments to board rules; report on public comment and consideration of action regarding proposed rule changes concerning projective testing; and items for possible future rule change. Contact: Don F. Rettberg, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2900. Filed: September 4, 1991, 4:23 p.m. TRD-9110840 Friday, September 13, 1991, 2 p.m. The Testing and Continuing Education Committee of the Texas State Board of Examiners of Professional Counselors will meet at the Board Offices, 4200 North Lamar Boulevard, Austin. According to the complete agenda, the committee will consider and possibly act on: request by Maria MacLain to take examination in Spanish; report by ad hoc examination committee; and continuing education appeals. Contact: Don F. Rettberg, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2900. Filed: September 4, 1991, 4:23 p.m. TRD-9110841 Friday, September 13, 1991, 2:30 p.m. The Public and Professional Relations Committee of the Texas State Board of Examiners of Professional Counselors will meet at the Board Offices, 4200 North Lamar Boulevard, Austin. According to the complete agenda, the committee will consider and possibly act on: informational brochure and next newsletter. Contact: Don F. Rettberg, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2900. Filed: September 4, 1991, 4:20 p.m. TRD-9110835 Friday, September 13, 1991, 2:30 p.m. The Fees and Budget Committee of the Texas State Board of Examiners of Professional Counselors will meet at the Board Offices, 4200 North Lamar Boulevard, Austin. According to the complete agenda, the committee will consider and possibly act on: financial reports through July 31, 1991; report on meeting with staff concerning budgetary matters; and expenditures. Contact: Don F. Rettberg, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2900. Filed: September 4, 1991, 4:22 p.m. TRD-9110836 Friday, September 13, 1991, 3 p.m. The Personnel and Administration Committee of the Texas State Board of Examiners of Professional Counselors will meet at the Board Offices, 4200 North Lamar Boulevard, Austin. According to the complete agenda, the committee will consider and possibly act on: self evaluation report for Sunset Commission; upgrade of licensing supervisor; sectional program at Texas Association for Counseling and Development conference; status of administrative actions; and counselor demographics survey. Contact: Don F. Rettberg, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2900. Filed: September 4, 1991, 4:20 p.m. TRD-9110834 Friday, September 13, 1991, 4:30 p.m. The Texas State Board of Examiners of Professional Counselors will meet at the Board Offices, 4200, North Lamar Boulevard, Austin. According to the complete agenda, The board will make introductions and announcements; consider and possibly act on: information regarding hearing concerning matters relating to G.D.C.; and proposal for decision concerning revocation of license of G.D.C. Contact: Don F. Rettberg, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2900. Filed: September 4, 1991, 4:23 p.m. TRD-9110842 Saturday, September 14, 1991, 8:30 a.m. The Texas State Board of Examiners of Professional Counselors will meet at the Board Offices, 4200 North Lamar Boulevard, Austin. According to the complete agenda, the board will hear announcements; approve minutes of June 22, 1991, board meeting; hear report on special legislative sessions; consider and possibly act on: financial reports through July 31, 1991; meeting with Texas Department of Health concerning budgetary matters; expenditures; applications of individuals; development of requirements for supervisory training; status of renewals; request by individual to take examination in Spanish; report by ad hoc examination committee; continuing education appeals; order to impose supervision on licensure status of individual; complaints, investigations and pending hearing(s); informational brochure; next newsletter; amendments to board rules; rule changes concerning projective testing; future rule changes; self evaluation report for Sunset Commission; upgrade of licensing supervisor; sectional program at Texas Association for Counseling and Development conference; administrative actions; counselor or demographics survey; meet in executive session under Open Meetings Act, sec.2(g), concerning board personnel; reconvene in open meeting to discuss board policy and personnel; election of officers; hear persons who wish to appear before the board; and consider other matters relating to the licensure and regulation of professional counselors not involving board action. Contact: Don F. Rettberg, 1100 West 49th Street, Austin, Texas 78756, (512) 459-2900. Filed: September 4, 1991, 4:22 p.m. TRD-9110837 Educational Economic Policy Center Wednesday, September 11, 1991, 10 a.m. The Policy Center Committee of the Educational Economic Policy Center will hold an emergency meeting at the Joe C. Thompson Conference Center, 2313 Red River Street, Room 1:126, Austin. According to the complete agenda, the committee will approve minutes; meet in executive session; reconvene in open meeting to hold discussion with Commissioner of Education, State Board of Education; research agenda; discuss innovative education grants program; and budget update. The emergency status is necessary due to insufficient posting time. Contact: Mary Ward, University of Texas, SRH 3.310, Austin, Texas 78712, (512) 471-7561. Filed: September 4, 1991, 4:12 p.m. Texas Education Agency Thursday, September 12, 1991, 1:30 p.m. The State Board of Education (SBOE) Committee of the Whole of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the agenda summary, the committee will hear public testimony; recipients of 1991 distinguished service awards and the J. Warren Hitt distinguished service award; commissioner's overview of the September 1991 SBOE meeting; discuss proposed SBOE policy statement on middle grade education; schedule of activities of the biennial update of the master plan for vocational and technical education; September 1991 SBOE action items related to the textbook adoption process; Texas School Performance review; report on public education legislation from the 72nd Texas Legislature First and Second called sessions; academic excellence indicator system; discussion of pending litigation; and discussion will be held in executive session in accordance with the provisions of Article 6252-17, sec.2(e), Vernon's Texas Civil Statutes. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: September 4, 1991, 4:26 p.m. TRD-9110849 Thursday, September 12, 1991, 3:30 p.m. The State Board of Education (SBOE) Committee of the Whole of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the complete agenda, the committee will hold a public hearing to accept testimony regarding the Sunset Review of 19 TAC sec.sec.105, 109, 113, 121, 125, and 129. Individuals wishing to give testimony are limited to a three-minute presentation. Presenters will be required to give his/her name, organizational affiliation, if any, address, telephone number, indicate which item or topic he/she intends to address, and supply 25 copies of the written testimony. Individuals wishing to give testimony should contact Ann Smisko at (512) 463-8994 by 5 p.m., Monday, September 9, to register. Those individuals wishing to give testimony on the referenced topics who are unable to pre-register, may register on the day of the public hearing. If time permits, these individuals will be allowed to give testimony following those who have pre-registered, on a first-come, first-served basis. Information concerning the hearing was distributed in a statewide mailout. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: September 4, 1991, 4:26 p.m. TRD-9110848 Thursday, September 13, 1991, 8:30 a.m. The State Board of Education (SBOE) Committee on Students of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-100, Austin. According to the agenda summary, the committee will hear public testimony; eligibility criteria and qualifications for special education personnel; description of a well-balance elementary curriculum; discuss attendance services; curriculum; definition of remedial and compensatory instruction; provision of services for students residing in intermediate care facilities for the mentally retarded in Texas; students with dyslexia and related disorders; admission, review, and dismissal committee and comprehensive individual assessment; changes to list of approved tests for special language programs; proposed revision of the six-year textbook adoption cycle; proposed SBOE Textbook Proclamation Advisory Committees for the 1993 proclamation. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: September 4, 1991, 4:26 p.m. TRD-9110847 Thursday, September 13, 1991, 8:30 a.m. The State Board of Education (SBOE) Committee on Personnel of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-111, Austin. According to the agenda summary, the committee will hear public testimony; review and discuss non-certified applicants; general provisions; teacher certification; substitution of professional training and experience for certification credit in mid-management administrator programs; special education certificates and requirements for assignment of school personnel; school psychologist/associate school psychologist (special education); classes of certificates and testing requirements; state-operated school districts; inservice education and days of operation required; test frameworks for examination for the certification of educators in Texas; teacher preparation programs; accreditation of school districts; and discuss National Conference of Christians and Jews Project Leadership Education and Development. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: September 4, 1991, 4:27 p.m. TRD-9110850 Thursday, September 13, 1991, 8:30 a.m. The State Board of Education (SBOE) Committee on School Finance of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the agenda summary, the committee will hear public testimony; review and discuss: fiscal agents for quality force planning committees; State Textbook Proclamation Advisory Committees; vocational and applied technology education; guarantee program for school district bonds; special textbooks to be made available; teenage driver education; per capita apportionment for the 1991-1992 school year; amendment to Proclamation 68 of the SBOE advertising for bids on textbooks; 1992 state textbook subject area committees; competitive cost review of State Textbook Depository; commission on braille textbook production; school facilities advisory committee; Texas Council on Vocational Education; TEA program budget for fiscal year 1991-1992; school facilities inventory and facility standards; memorandum of understanding to provide educational services for released offenders; and remedial and compensatory instruction. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: September 4, 1991, 4:25 p.m. TRD-9110846 Thursday, September 13, 1991, 1:30 p.m. The State Board of Education (SBOE) Committee on Long-Range Planning of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the agenda summary, the committee will hear public testimony; expert session on accelerated schools; development of a strategic action plan for the SBOE; scholastic aptitude test results for Texas and the nation; and report on the gender gap in mathematics and science achievement. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: September 4, 1991, 4:25 p.m. TRD-9110845 Thursday, September 13, 1991, 2:30 p.m. The State Board of Education (SBOE) Committee on the Permanent School Fund (PSF) will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-109, Austin. According to the agenda summary, the committee will hear public testimony; recommended PSF Investment Program for September and funds available for the program; approved list of corporations for security purchases and equity transactions; recommended changes to the "Approved List of Corporations for Security Purchases" for the PSF; guarantee program for school district bonds; review of PSF securities transactions and the investment portfolio; report of investment advisors; and report of the chief investment officer. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: September 4, 1991, 4:25 p.m. TRD-9110844 Saturday, September 14, 1991, 8:30 a.m. The State Board of Education (SBOE) of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the agenda summary, the board will hear public testimony; review SBOE resolutions; discuss consent agenda; middle grade education; vocational/technical education; September 1991 SBOE action items on the textbook adoption process-six-year textbook adoption cycle, Textbook Proclamation Advisory Committees for 1993 proclamation; State Textbook Proclamation Committees, and 1992 state textbook subject area committees; non-certified applicants; teacher certification; mid-management administrator; special education certificates/assignment of school personnel; school psychologist; certificates/testing requirements; state-operated schools; inservice education/days of operation; examination for certification of educators in Texas; special education; elementary curriculum; attendance services; curriculum; remedial/compensatory instruction; intermediate care facilities; dyslexia/related disorders; admission, review, and dismissal committee; special language programs; quality work force planning; vocational/applied technology; school district bonds; special textbooks; driver education; per capita apportionment; proclamation 68; competitive cost review; Permanent School Fund (PSF); corporations for security purchases; and information on agency administration. Contact: Lionel R. Meno, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-8985. Filed: September 4, 1991, 4:24 p.m. TRD-9110843 Thursday, September 19, 1991, 9 a.m. The Commission on Standards for the Teaching Profession, Committee of the Whole will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the complete agenda, the committee will give a report on work session, review of proposals for professional and special service certificate; report of work session, development of self-study questions for institutional team visits under 1987 standards. Contact: Edward M. Vodicka, 1701 Congress Avenue, Austin, Texas 78701, (512) 463-9337. Filed: September 4, 1991, 9:44 a.m. TRD-9110795 Friday, September 20, 1991, 9 a.m. The Commission on Standards for the Teaching Profession, Committee on Certification of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the agenda summary, the committee will give a report on certification testing and other teacher assessment activities; discussion of request from Texas Educational Theatre Association; individual programs (1987 standards) are as follows: Our Lady of the Lake University; Southwest Texas State University; The University of Texas at San Antonio; University of Houston; University of North Texas; and Wayland Baptist University. Contact: Edward M. Vodicka, 1701 Congress Avenue, Austin, Texas 78701, (512) 463-9337. Filed: September 4, 1991, 9:44 a.m. TRD-9110796 Friday, September 20, 1991, 11 a.m. The Commission on Standards for the Teaching Profession, Committee on Standards and Procedures for Institutional Approval of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the complete agenda, the committee will give a report on pilot program for mid-management administrators from the University of Houston. Contact: Edward M. Vodicka, 1701 Congress Avenue, Austin, Texas 78701, (512) 463-9337. Filed: September 4, 1991, 9:47 a.m. TRD-9110797 Friday, September 20, 1991, 11:30 a.m. The Commission on Standards for the Teaching Profession, Executive Committee of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the complete agenda, the committee will review agenda items with committee chairs. Contact: Edward M. Vodicka, 1701 Congress Avenue, Austin, Texas 78701, (512) 463-9337. Filed: September 4, 1991, 9:51 a.m. TRD-9110798 Friday, September 20, 1991, 1 p.m. The Commission on Standards for the Teaching Profession of the Texas Education Agency will meet at the William B. Travis Building, 1701 North Congress Avenue, Room 1-104, Austin. According to the agenda summary, the commission will take roll call; adoption of agenda; approval of minutes of June 28, and July 19, 1991; appointment of nominating committee; information items; reports from the following committees; committee of the whole; committee on certification programs and requirements; committee on standards and procedures for institutional approval; and executive committee. Contact: Edward M. Vodicka, 1701 Congress Avenue, Austin, Texas 78701, (512) 463-9337. Filed: September 4, 1991, 9:49 a.m. TRD-9110799 Advisory Commission on State Emergency Communications Wednesday, September 11, 1991, 9 a.m. The Public Education and Training Committee will meet at the Driskill Hotel, Citadel I Room, Austin. According to the complete agenda, the committee will call the meeting to order; recognize guests; hear public comment; 9-1-1 day planning activities, September 11, 1991; consider any new business; and adjourn. Contact: Glenn Roach, 1101 Capital of Texas Highway South, B-100, Austin, Texas 78746, (512) 327-1911. Filed: August 29, 1991, 4:22 p.m. TRD-9110653 Wednesday, September 11, 1991, 9:30 a.m. The Planning and Implementation Committee of the Advisory Commission on State Emergency Communications will meet at the Driskill Hotel, Crystal Ballroom, Austin. According to the agenda summary, the committee will call the meeting to order; recognize guests; hear public comment; hear report on statewide 9-1-1 participation and implementation schedule; consideration of authorization to begin billing 9-1-1 service fee and surcharge for City of El Campo; consideration and approval of various proposed plan amendments; consider any new business; and adjourn. Contact: Glenn Roach, 1101 Capital of Texas Highway South, B-100, Austin, Texas 78746, (512) 327-1911. Filed: August 29, 1991, 4:23 p.m. TRD-9110655 Wednesday, September 11, 1991, 10:30 a.m. The Administration Committee of the Advisory Commission on State Emergency Communications will meet at the Driskill Hotel, Citadel II Room, Austin. According to the complete agenda, the committee will call the meeting to order; recognize guests; hear public comment; ACSEC financial report; Phase I audit report from Coopers and Lybrand and Reed Stowe and Associates; consider action to reimburse auditing firms for cost incurred that exceeded contract amount; report on the annual review of ACSEC rules; report on statewide addressing program; consider approval of recommendations for determining eligible costs and criteria associated with county addressing projects; consider any new business; and adjourn. Contact: Glenn Roach, 1101 Capital of Texas Highway South, B-100, Austin, Texas 78746, (512) 327-1911. Filed: August 29, 1991, 4:22 p.m. TRD-9110654 Wednesday, September 11, 1991, 1:15 p.m. The Advisory Commission on State Emergency Communications will meet at the Driskill Hotel, Crystal Ballroom, Austin. According to the agenda summary, the commission will call the meeting to order; recognize guests; hear public comment; hear committee reports; discuss and consider any action items; consider any new business; consider approval of previous meeting minutes; and adjourn. Contact: Glenn Roach, 1101 Capital of Texas Highway South, B-100, Austin, Texas 78746, (512) 327-1911. Filed: August 29, 1991, 4:22 p.m. TRD-9110652 Texas Employment Commission Tuesday, September 10, 1991, 1:30 p.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; review and discuss internal procedures of commission appeals; consideration and action on tax liability cases and higher level appeals in unemployment compensation cases listed on Commission Docket 37; and set date of next meeting. Contact: Courtenay Browning, 101 East 15th Street, Austin, Texas 78778, (512) 463-2226. Filed: August 30, 1991, 3:44 p.m. TRD-9110718 Texas State Board of Registration for Professional Engineers Tuesday, September 3, 1991, 3:30 p.m. The Texas State Board of Registration for Professional Engineers held an emergency meeting at TSPE, 3501 Manor Road, Austin. According to the complete agenda, the board meeting was convened by Chairman Novoa; took roll call; recognized and welcome any visitors; set the annual renewal fees for fiscal year 1992; and adjourned. The emergency status was necessary as the business is effective for the fiscal year 1992. Contact: Charles E. Nemir, P.E., 1917 IH-35 South, Austin, Texas 78741, (512) 440-7723. Filed: August 29, 1991, 1:54 p.m. TRD-9110629 TEXCAP Financing Corporation Wednesday, September 11, 1991, 2:10 p.m. The Board of Directors of TEXCAP Financing Corporation will meet at First City Centre Building, 816 Congress Avenue, 11th Floor Board Room, Austin. According to the complete agenda, the board will call the meeting to order; in connection with outstanding bonds, will consider resolution to appoint officers; amend bylaws to allow for a larger board; authorize execution and delivery of the second amendment to letter of credit agreement; and adjourn. Contact: Dan McNeil, P.O. Box 12728, Austin, Texas 78711, (512) 320-9789. Filed: September 3, 1991, 4:19 p.m. TRD-9110774 Texas Department of Health Thursday, September 12, 1991, 9:30 a.m. The Family Planning Interagency Advisory Council of the Texas Department of Health will meet at the Texas Department of Health, 1100 West 49th Street, Room T-607, Austin. According to the complete agenda, the committee will introduce new members; approve minutes of previous meeting; consider and possibly act on fiscal year 1992 family planning coordinated allocation plan (CAP); building bridges for better health; joint family planning standards revisions; proposed Title XX family planning provider enrollment participant criteria; fiscal year 1992-1993 appropriations for Texas Department of Human Services; overview of maternal and child health funding; revised Title XX regulations; regional coordinating committee report; and plan future meeting dates. Contact: Walter Peter, M.D., 1100 West 49th Street, Austin, Texas 78748, (512) 458-7700. Filed: September 3, 1991, 4:14 p.m. TRD-9110771 Texas Department of Human Services Friday, September 13, 1991, 10 a.m. The Aged and Disabled Services Advisory Committee of the Texas Department of Human Services, 701 West 51st Street, First Floor, East Tower, Public Hearing Room, Austin. According to the complete agenda, the committee will hear opening and deputy commissioner's comments; approval of minutes; reports on federal legislative update; medically dependent children's waiver program; policy change to allow for reimbursement of all prescription drugs for nursing facility medicaid residents; long term care nursing facility requirements for licensure and medicaid certification; adult protective services release hearing; community care financial eligibility simplification; proposed rule change in response to federal interpretation concerning the Hospice Program; orientation of community care/attendance care programs; open discussion by members; and plan next meeting; and adjournment. Contact: Carolyn Howell, P.O. Box 149030, Austin, Texas 78714-9030, (512) 450-3053. Filed: September 4, 1991, 8:37 a.m. TRD-9110788 State Board of Insurance Wednesday, September 11, 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 Iva Maydelle Renfroe, Mt. Pleasant, for a Group I, Legal Reserve Accident and Health Insurance Agent's license. Docket Number 11281. Contact: Kelly Townsell, 333 Guadalupe Street, Austin, Texas 78701, (512) 475-2983. Filed: September 3, 1991, 1:02 p.m. TRD-9110758 Thursday, September 12, 1991, 10 a.m. The Commissioner's Hearing Section of the State Board of Insurance will meet at 333 Guadalupe Street, Hobby I, 12th Floor, Austin. According to the complete agenda, the section will conduct a public hearing to consider the application for amendment to the Articles of Incorporation of Citizens Fidelity Insurance Company, Waco, increasing the authorized capital and changing the home office. Docket Number 11286. Contact: Kelly Townsell, 333 Guadalupe Street, Austin, Texas 78701, (512) 475-2983. Filed: September 3, 1991, 1:02 p.m. TRD-9110757 Friday, September 13, 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 Keith Gerald Lee of Bedford, for a Group II Insurance Agent's license. Docket Number 11282. Contact: Kelly Townsell, 333 Guadalupe Street, Austin, Texas 78701, (512) 475-2983. Filed: September 3, 1991, 1:02 p.m. TRD-9110756 Texas Department of Insurance Wednesday, September 4, 1991, 8:30 a.m. The Texas Department of Insurance met at the William P. Hobby Building, 333 Guadalupe Street, Room 100, Austin. According to the complete agenda, the department extended time to consider a filing by Texas Hospital Insurance Exchange, concerning its claims made hospital professional liability insurance program. The emergency status was necessary for public welfare to allow the board the opportunity to consider the filing in time before the filing was deemed approved by application of law. Contact: Angelia Johnson, 333 Guaedalupe Street, Austin, Texas 78701, Mail Code 113-2A, (512) 463-6328. Filed: September 3, 1991, 11:02 a.m. TRD-9110754 Wednesday, September 11, 1991, 8:30 a.m. The Texas Department of Insurance will meet at the William P. Hobby Building, 333 Guadalupe Street, Room 100, Austin. According to the agenda summary, the department will review and discuss board orders on several different subject matters; discuss personnel; litigation; commissioner's orders; solvency matters; consider proposed amendment to 28 TAC sec.15.25, concerning prepayment of surplus lines insurance taxes by surplus lines agents; consider adoption on an emergency basis of a filing by the State Department of Highways and Public Transportation superheavy or oversize permit bonds rules, rates, and form. Contact: Angelia Johnson, 333 Guadalupe Street, Austin, Texas 78701, Mail Code 113-2A, (512) 463-6328. Filed: September 3, 1991, 3:03 p.m. TRD-9110766 Legislative Audit Committee Wednesday, September 11, 1991, 9 a.m. The Legislative Audit Committee will hold an emergency meeting at the State Capitol, Senate Chamber, Austin. According to the complete agenda, the committee will approve operating budget; review and discuss audit plans for 1992 and other items. The emergency status was necessary due to budget approval. Contact: Lawrence F. Alwin, P.O. Box 12067, Austin, Texas 78711, (512) 479-4900. Filed: September 4, 1991, 9:30 a.m. TRD-9110792 Texas Legislative Council Wednesday, September 11, 1991, 9 a.m. The Texas Legislative Council will hold an emergency meeting at the State Capitol, Senate Chamber, Austin. According to the complete agenda, the council will call the meeting to order; adoption of minutes; hear executive director's report; consideration of proposed council operating budget for fiscal year 1992; discuss other business; and adjournment. The emergency status is necessary as time constraints due to the delayed passage and certification of the appropriations bill and the necessity of adopting an operating budget for the current fiscal year. Contact: Dorothy Wells, P.O. Box 12128, Austin, Texas 78711, (512) 463-1151. Filed: September 4, 1991, 10:05 a.m. TRD-9110806 Texas Legislative Reference Library Wednesday, September 11, 1991, 9 a.m. The Legislative Library Board of the Texas Legislative Reference Library will hold an emergency meeting at the State Capitol, Senate Chamber, Austin. According to the complete agenda, the board will consider and approve the operating budget for 1991-1992; give update of imaging system and online card catalog; and discuss other business. The emergency status is necessary because of time constraints due to the delayed passage and certification of the Appropriations Bill and the necessity of adopting an operating budget for the current fiscal year. Contact: Sally Reynolds, P.O. Box 12488, Capitol Station, Austin, Texas 78711, (512) 463-1252. Filed: September 4, 1991, 1:18 p.m. TRD-9110812 Texas State Library and Archives Commission Thursday, September 19, 1991, 10:30 a.m. The Texas State Library and Archives Commission will meet at the Lorenzo de Zavala Archives and Library Building, Room 314,