ISSUE OF September 13, 1991" Volume 16, Number 68, September 13, 1991 Pages 4991-5104 Office of the Governor Appointments Made August 28, 1991 5003-Board of Pardons and Paroles Appointments Made August 29, 1991 5003-Interagency Council on ICF-MR Facilities 5003-Texas Planning Council for Developmental Disabilities Appointments Made August 30, 1991 5003-Texas Department of Housing and Community Affairs Appointments Made September 5, 1991 5003-Texas National Research Laboratory Commission Appointments Made September 6, 1991 5003-Texas Peace Officers' Memorial Advisory Committee Emergency Sections Texas Department of Licensing and Regulation 5005-Elimination of Architectural Barriers Texas Racing Commission 5005-Definitions 5006-Licenseses for Pari-mutuel Racing 5011-Conduct and Duties of Individual Licensees 5011-Veterinary Practices and Drug Testing 5013-Pari-mutuel Wagering Texas Appraiser Licensing and Certification Board 5015-Practice and Procedure 5017-Provisions of the Texas Appraisers Licensing and Certification Act 5022-Standards of Practice Texas State Board of Public Accountancy 5022-Definitions State Property Tax Board 5022-Truth in Taxation Requirements Proposed Sections Texas Incentive and Productivity Commission 5023-State Employee Incentive Program 5024-Productivity Bonus Program Texas State Library and Archives Commission 5024-Local Records Texas Department of Licensing and Regulation 5029-Elimination of Architectural Barriers 5029-Manufactured Housing 5031-Industrialized Housing and Buildings Texas Racing Commission 5032-Definitions 5032-Licenses for Pari-mutuel Racing 5036-Conduct and Duties of Individual Licensees 5036-Veterinary Practices and Drug Testing 5039-Pari-mutuel Wagering Texas Higher Education Coordinating Board 5043-Public Junior Colleges 5043-Proprietary Schools 5043-Financial Planning 5044-Student Services Texas Board of Chiropractic Examiners 5046-Application and Applicants 5047-Rules of Practice 5048-Delegation of Authority 5048-Advertising and Public Communication 5049-Practice of Chiropractic Texas State Board of Pharmacy 5051-Pharmacies Texas State Board of Public Accountancy 5053-Definitions State Board of Insurance 5053-Property and Casualty Insurance Texas Workers' Compensation 5054-General Provisions-Required Notice of Coverage Texas Water Commission 5055-Industrial Solid Waste and Municipal Hazardous Waste Texas Water Development Board 5057-Hydrographic Survey Program Rules Comptroller of Public Accounts 5057-Tax Administration Commission on Fire Protection Personnel Standards and Education 5059-Standards for Certification 5060-Examinations for Certification Texas Department of Human Services 5060-Child Protective Services

Applicant-A person with a legal, equitable, or beneficial interest in a license application. Common pool-A pool in which the wagers received at a receiving location are combined with the wagers received at a sending racetrack. Corporation-An incorporated entity, either for profit or not for profit. Credential-A license, certificate, identification card, or other document indicating or representing authority or permission under the Act. Encrypted-Scrambled or otherwise manipulated audio-visual signals to mask the original video content of the signal to cause the signals to be indecipherable and unrecognizable to any person receiving the signal. Live pari-mutual pool-The total amount of money wagered by patrons on the result of a particular live race or combination of live races within the enclosure of the racetrack association where the race is being run. Mixed meet-A live

    horse race meeting in which more than one breed of horse participates. Receiving location -A licensed racetrack association in this state that has been allocated live and simulcast race dates or a facility not located in this state that is authorized to conduct wagering under the law of the jurisdiction in which it is located. Sending track-A licensed track for racing in this state or out-of-state from which a race is transmitted. Simulcast-The telecast or other transmission of live audio and visual signals of a race, transmitted from a sending track to a receiving location, for the purpose of wagering conducted on the race at the receiving location. Simulcast pari-mutual pool-The total amount of money wagered by patrons at a licensed racetrack association in Texas on the result of a particular simulcast race or combination of simulcast races. Simulcast race date-A date on which an association conducts pari-mutual wagering on at least three races conducted at another racetrack and simulcast to the association. Steward-A
      [the executive] racing official with general authority and supervision over: (1) the conduct of a licensed race meeting; and (2) all licensees at a racetrack during a race meeting
        [at a horse racetrack]. Uplink-An earth station broadcasting facility, whether mobile or fixed, which is used to transmit audio-visual signals and/or data emanating from a sending racetrack, and includes the electronic transfer of received signals from the receiving antenna to TV monitors within the receiving location. Issued in Austin, Texas, on September 9, 1991. TRD-9111068 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Chapter 305. Licenses for Pari-mutuel Racing Subchapter A. General Provisions 16 TAC sec.305.5 The Texas Racing Commission adopts on an emergency basis an amendment to sec.305.5, concerning fingerprints. The amendment clarifies who is required to submit fingerprints for a license. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that all necessary rules are in place for the upcoming receipt of applications for the Class 1 racetrack license in the Dallas/Tarrant County area. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.5.03, which requires the submission of fingerprints for all types of racing licenses. sec.305.5. Fingerprints. (a) An applicant for a license must submit a complete set of the applicant's fingerprints with the application documents. If the applicant is not an individual, the applicant must submit a complete set of fingerprints for each individual who: (1) serves as a director, officer, or a partner of the applicant; [or] (2) holds a beneficial
          [has an] ownership interest in the applicant of 5.0% or more; or (3) owns any interest in the applicant, if requested by the Department of Public Safety. (b)-(c) (No change.) (d) Not later than [5 p.m. of] the first
            business day after
              [following] the day the commission receives a set of fingerprints under this section, the commission shall forward
                [deliver] the fingerprints to the Department of Public Safety. Issued in Austin, Texas, on September 9, 1991. TRD-9111069 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 16 TAC sec.305.7 The Texas Racing Commission adopts on an emergency basis an amendment to sec.305.7, concerning duration of license. The amendment clarifies the expiration date of licenses issued by the commission. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that all necessary rules are in place for the upcoming receipt of applications for the Class 1 racetrack license in the Dallas/Tarrant County area. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.7.07 and sec.6.18, which describe the duration of licenses issued by the commission. sec.305.7. Duration of License. (a) A racetrack license is perpetual. (b) An individual license expires on December 31 of the year in which the license was issued
                  [A license issued by the commission is valid for a term set by the commission, but not more than three years]. Issued in Austin, Texas, on September 9, 1991. TRD-9111070 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 16 TAC sec.305.10 The Texas Racing Commission adopts on an emergency basis an amendment to sec.305.10, concerning security for compliance. The amendment clarifies the procedure for providing security by the racetrack association to ensure compliance with the Act and rules of the commission. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that all necessary rules are in place for the upcoming receipt of applications for the Class 1 racetrack license in the Dallas/Tarrant County area. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.04 which describes the security requirements for racetrack licenses. sec.305.10. Security for Compliance [Bonds]. (a) Before the commission may issue a racetrack
                    license to an applicant under this chapter, the applicant must post security in an amount determined by the commission to adequately ensure the association's compliance with the Act and the rules of the commission and the association's completion of the racetrack facilities and the start of racing on the date approved by the commission
                      [deliver a bond in an amount and in a form prescribed by the commission that is conditioned on the applicant's compliance with the Act and rules of the commission]. The amount of the security must be reasonable in relation to the amount of revenue that will be lost if the association fails to start racing on the date approved by the commission. (b) Cash, cashier's checks, surety bonds, irrevocable bank letters of credit, United States Treasury bonds that are readily convertible to cash, or irrevocable assignments of federally insured deposits in banks, savings and loan institutions, and credit unions are acceptable as security for purposes of this section
                        [The bond must be payable to the Texas Racing Commission]. (c) If an association fails to start racing on the date approved by the commission, the commission may forfeit any portion of the security that is appropriate for the amount of revenue lost due to the failure to start racing.
                          [A bond submitted under this section by an applicant for a license to operate a racetrack must be issued by a surety company approved by the State Board of Insurance and must be for $100,000]. (d) After the association begins racing, the commission shall return the remaining security to the association. Issued in Austin, Texas, on September 9, 1991. TRD-9111071 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 16 TAC sec.305.11 The Texas Racing Commission adopts on an emergency basis an amendment to sec.305.11, concerning criminal history record. The amendment clarifies the requirements relating to the release of criminal history information. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that all necessary rules are in place for the upcoming receipt of applications for the Class 1 racetrack license in the Dallas/Tarrant County area. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.5.04, which describes the requirements relating to the release of criminal history information. sec.305.11. Criminal History Record. (a)-(b) (No change.) (c) Except as otherwise provided by this subsection, the
                            [The] criminal history record information received under this section from any law enforcement agency that requires the information to be kept confidential as a condition of release of the information
                              is for the exclusive use of the commission and its agents and is privileged and confidential. The information may not be released or otherwise disclosed to any person or agency except in a criminal proceeding, in a hearing conducted by the commission, on court order, or with
                                [without] the consent of the applicant [except on a court order]. Information that is in a form available to the public is not privileged or confidential under this subsection and is subject to public disclosure. Issued in Austin, Texas, on September 9, 1991. TRD-9111072 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Subchapter B. Individual Licenses General Provisions 16 TAC sec.305.33 The Texas Racing Commission adopts on an emergency basis an amendment to sec.305.33, concerning license badge. The amendment clarifies the information that a license badge must contain. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that all necessary rules are in place for the upcoming receipt of applications for the Class 1 racetrack license in the Dallas/Tarrant County area. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.7.06, which describes the requirements for license badges. sec.305.33. License Badge. (a)-(b) (No change.) (c) The badge must contain: (1) (No change.) (2) the licensee's photograph [and right thumb print]; (3)-(4) (No change.) (5) a
                                  color code
                                    [codes] that designates
                                      [designate where the license was issued and] whether the licensee has access tot he stable or kennel area; and (6) (No change.) (d)-(e) (No change.) Issued in Austin, Texas, on September 9, 1991. TRD-9111078 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Subchapter C. Racetrack Licenses General Provisions 16 TAC sec.305.62 The Texas Racing Commission adopts on an emergency basis an amendment to sec.305.62, concerning criteria and burden of proof. The amendment clarifies the criteria the commission is to consider in granting a racetrack license. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that all necessary rules are in place for the upcoming receipt of applications for the Class 1 racetrack license in the Dallas/Tarrant County area. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.04, which sets out the criteria for granting racetrack licenses. sec.305.62. Criteria and Burden of Proof. (a)-(d) (No change.) (e) In determining whether to grant or deny an application for any class of racetrack license
                                        [which applicant will be in the best interests of racing and the public], the commission may consider the degree to which any of the following factors regarding the applicant's
                                          [proposed] racetrack or proposed race meeting
                                            [will] serve to nurture, promote, develop, or improve the horse or greyhound industry in this state
                                              [Texas]: (1) (No change.) (2) the applicant's resources for supplementing the purses for races for various breeds
                                                [the track location]; (3) the location of the proposed track; (4)
                                                  [(3)] the effect of the proposed track on traffic flow; (5)
                                                    [(4)] facilities for patrons and individual licensees
                                                      ; (6)
                                                        [(5)] facilities for race animals [and individual licensees]; [(6) the maintenance and practices of the applicant at other racetrack facilities owned or operated by the applicant or an affiliated entity;] (7) [the] availability to the track
                                                          of support services
                                                            and emergency services [to the racetrack]; (8) the experience [and training] of the applicant's employees; (9) (No change.) [(10) the character and reputation for honesty of the applicant and all persons employed by or participating in the applicant; [(11) the public opinion in the community or vicinity in which the racetrack is to be located;] (10)
                                                              [(12)] the anticipated effect of the race meeting
                                                                [racetrack] on the greyhound or horse breeding industry in this state
                                                                  [Texas]; and (11)
                                                                    [(13)] the anticipated effect of the race meeting
                                                                      [racetrack] on the state and local economy from [factors such as] tourism, increased employment, and other sources
                                                                        [retention of revenue in the state;] [(14) the terms in the applicant's organizational documents and its management contract relating to ultimate powers of control over the affairs of the applicant; [(15) the degree to which a management contract is self-perpetuating or difficult to terminate; and [(16) the sources of funding for the applicant]. (f)-(g) (No change.) Issued in Austin, Texas, on September 9, 1991. TRD-9111079 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 16 TAC sec.305.64 The Texas Racing Commission adopts on an emergency basis an amendment to sec.305.64, concerning restrictions on eligibility. The amendment clarifies the limitation on ownership in more than one racetrack. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that all necessary rules are in place for the upcoming receipt of applications for the Class 1 racetrack license in the Dallas/Tarrant County area. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.06, which describes the limitation on ownership in racetracks. sec.305.64. Restrictions on Eligibility. To be eligible to be issued a license to operate a racetrack: (1) the applicant may not own more than 5.0%
                                                                          [an] interest in more than two racetracks licensed by the commission; (2)-(4) (No change.) Issued in Austin, Texas, on September 9, 1991. TRD-9111080 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Subchapter C. Racetrack Licenses Application Procedure 16 TAC sec.305.84 The Texas Racing Commission adopts on an emergency basis an amendment to sec.305.84, concerning type of documents required. The amendment clarifies the types of documents that must be submitted for a racetrack license. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that all necessary rules are in place for the upcoming receipt of applications for the Class 1 racetrack license in the Dallas/Tarrant County area. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.03, which authorizes the commission to prescribe application forms. sec.305.84. Type of Documents Required. (a) An applicant for a Class 3 or Class 4 racetrack license
                                                                            [requesting to operate a racetrack for not more than 16 days a year] must submit the documents required by this subchapter concerning: (1)-(4) (No change.) (b) In addition to documents required under subsection (a) of this section, an applicant for a Class 2 racetrack license
                                                                              [requesting to operate a racetrack for more than 16 but less than 45 days a year] must submit the documents required by this subchapter concerning: (1)-(2) (No change.) (c) An applicant for a Class 1 or greyhound racetrack license
                                                                                [requesting to operate a racetrack for 45 or more days a year] must submit all the documents required by this subchapter. (d)-(f) (No change.) (g) The executive summary must include a table containing an attendance and wagering summary of information submitted in the financial forecasts. The table must be submitted in the following format: [graphic] Issued in Austin, Texas, on September 9, 1991. TRD-9111081 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Ownership 16 TAC sec.305.125 The Texas Racing Commission adopts on an emergency basis an amendment to sec.305.125, concerning owners. The amendment clarifies the information that must be submitted in a racetrack application regarding ownership. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that all necessary rules are in place for the upcoming receipt of applications for the Class 1 racetrack license in the Dallas/Tarrant County area. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.03, which authorizes the commission to prescribe application forms. sec.305.125. Owners [Capital Stock]. (a) If the applicant is an unincorporated business association
                                                                                  [authorized to issue capital stock], the application documents must identify
                                                                                    [include the information required by this section]: (1) each person that exercises voting rights in the applicant; (2) each person that directly or indirectly exercises any participation in the applicant; and (3) any other ownership interest in the applicant that the applicant making its best effort is able to identify. (b) If the applicant is authorized to issue capital stock, the
                                                                                      [The] applicant must state the classes of stock authorized and the total number of shares of each class authorized. The applicant must state, for each class of stock: (1)-(3) (No change.) (4) [as of the 15th day before the date on which the application documents are submitted to the commission,] the number of shares outstanding and the market value of each share. (c) If the applicant is a corporation, the
                                                                                        [The] application documents must identify: (1) each beneficial owner of shares in the applicant that bear voting rights, absolute or contingent; (2) each person that directly or indirectly exercises any participation in the applicant; and (3) any other ownership interest in the applicant that the applicant making its best effort is able to identify.
                                                                                          [list the name and address of each person who owns, of record or beneficially, at least one share of stock. For each person listed under this subsection, the application documents must describe the nature of the person's ownership interest and the person's percentage of the total ownership interest.] (d)-(e) (No change.) (f) The application documents must state any provisions for the redemption, repurchase, retirement, conversion, or exchange of an ownership interest
                                                                                            [outstanding stock]. The documents must state the procedure by which these provisions may be modified. (g)-(h) (No change.) Issued in Austin, Texas, on September 9, 1991. TRD-9111082 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Site and Facilities 16 TAC sec.305.145 The Texas Racing Commission adopts on an emergency basis an amendment to sec.305.145, concerning access and transportation. The amendment clarifies that an applicant for a Class 4 license need not submit a traffic flow study. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that all necessary rules are in place for the upcoming receipt of applications for the Class 1 racetrack license in the Dallas/Tarrant County area. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.03 which authorizes the commission to prescribe application forms. sec.305.145. Access and Transportation. (a)-(b) (No change.) (c) This section does not apply to an applicant for a Class 3 or Class 4
                                                                                              horse racetrack license. Issued in Austin, Texas, on September 9, 1991. TRD-9111083 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Subchapter C. Racetrack Licenses Operations 16 TAC sec.305.181 The Texas Racing Commission adopts on an emergency basis an amendment to sec.305.181, concerning race meetings. The amendment clarifies the type of information regarding race meetings that an applicant for a racetrack must submit. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that all necessary rules are in place for the upcoming receipt of applications for the Class 1 racetrack license in the Dallas/Tarrant County area. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.03, which authorizes the commission to prescribe application forms. sec.305.181. [Racing and] Race Meetings [Dates]. (a) The application documents must describe
                                                                                                [state] the type of race meetings
                                                                                                  [racing] the applicant plans to conduct each year, including: (1) the number of live race meetings and the number of live race days per week; and (2) the number of simulcast race meetings and the number of simulcast race days per week. (b) For each race meeting described
                                                                                                    [date requested], the documents must indicate the time of day the races will be conducted and, if the application is for a horse racetrack, the approximate number of races per breed to be offered. Issued in Austin, Texas, on September 9, 1991. TRD-9111084 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Safety and Security 16 TAC sec.305.221 The Texas Racing Commission adopts on an emergency basis an amendment to sec.305.221, concerning security documents. The amendment clarifies that the safety and security plan of a racetrack applicant may be reviewed by the commission in executive session. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that all necessary rules are in place for the upcoming receipt of applications for the Class 1 racetrack license in the Dallas/Tarrant County area. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.03, which authorizes review of certain application documents in executive session. sec.305.221. Security Documents.
                                                                                                      The application documents must include plans that provide for the safety and security of the patrons, the racing animals, and the racetrack personnel. The commission shall review a safety and security plan submitted under this section in executive session, pursuant to Texas Civil Statutes, Article 179e, s6.03(b). Issued in Austin, Texas, on September 9, 1991. TRD-9111085 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Chapter 311. Conduct and Duties of Individual Licensees Subchapter A. General Provisions 16 TAC sec.311.7 The Texas Racing Commission adopts on an emergency basis an amendment to sec.311.7, concerning inhumane treatment. The amendment clarifies the restrictions regarding the possession of devices that are designed to increase the speed of a horse. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that pari-mutuel races currently being conducted are safe and humane for the race animals and free from illegal influence for the benefit of the public wagerers. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. sec.311.7. Inhumane Treatment. (a) (No change.) (b) A licensee
                                                                                                        [jockey] may not possess on association grounds or use a device designed to increase or decrease the speed of a horse other than an ordinary riding whip. Issued in Austin, Texas, on September 9, 1991. TRD-9111086 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Chapter 319. Veterinary Practices and Drug Testing Subchapter A. General Provisions 16 TAC sec.319.3 The Texas Racing Commission adopts on an emergency basis an amendment to sec.319.3, concerning medication restricted. The amendment deletes a provision relating to masking agents in greyhound specimen. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that pari-mutuel races currently being conducted are safe and humane for the race animals and free from illegal influence for the benefit of the public wagerers. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. sec.319.3. Medication Restricted. (a)-(g) (No change.) [(h) A greyhound test specimen that is found to contain a drug or substance, regardless of how harmless of innocuous it might be, which interferes with the detection of stimulants, depressants, tranquilizers, local anesthetics, drugs, or drug metabolites which could affect the performance of a greyhound or quantitation of drugs permitted by this chapter, is not a prohibited drug, chemical, or other substance. The trainer of a greyhound whose test specimen is found to contain such a drug or substance shall be assessed a fee for additional testing of the sample.] Issued in Austin, Texas, on September 9, 1991. TRD-9111087 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 16 TAC sec.319.10 The Texas Racing Commission adopts on an emergency basis an amendment to sec.319.10, concerning devices and substances prohibited. The amendment clarifies the injectable substances and devices that are prohibited on association grounds. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that pari-mutuel racing currently being conducted are safe and humane for the race animals and free from illegal influence for the benefit of the public wagerers. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. sec.319.10. Devices and Substances Prohibited. (a) Except as otherwise provided by this section, a person may not possess on association grounds an injectable substance or a hypodermic syringe, hypodermic needle, or other device for making hypodermic injections [into a race animal]. (b)-(e) (No change.) Issued in Austin, Texas, on September 9, 1991. TRD-9111088 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 16 TAC sec.319.11 The Texas Racing Commission adopts on an emergency basis an amendment to sec.319.11, concerning search and seizure. The amendment clarifies the authority of the commission to conduct a search for any prohibited devices or substances. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that pari-mutuel races currently being conducted are safe and humane for the race animals and free from illegal influence for the benefit of the public wagerers. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. sec.319.11. Search and Seizure. (a) The commission, the stewards or racing judges, an association, or a person designated by the commission, stewards or racing judges, or an association may enter any area on association grounds to search
                                                                                                          [examine] an individual's person and possessions
                                                                                                            [personal property] in that area to check for violations of the Act or a rule of the commission
                                                                                                              . (b) An individual licensee, on accepting a license from the commission, consents to a search conducted under this section and to the seizure of any prohibited hypodermic syringes, hypodermic needles, prohibited drugs, chemicals, or other substances , or any electrical device or other device that might have the effect of unnaturally depressing, stimulating, or exciting a race animal
                                                                                                                . [(c) Before conducting a search under this section, a person shall notify the stewards or racing judges.] Issued in Austin, Texas, on September 9, 1991. TRD-9111089 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Subchapter D. Drug Testing General Provisions 16 TAC sec.319.304 The Texas Racing Commission adopts on an emergency basis an amendment to sec.319.304, concerning disqualification on positive test. The amendment clarifies the authority of the commission to disqualify a race animal as a result of a positive drug test. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that pari-mutuel races currently being conducted are safe and humane for the race animals and free from illegal influence for the benefit of the public wagerers. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. sec.319.304. Disqualification on Positive Test
                                                                                                                  . On a finding by the stewards or racing judges or the commission
                                                                                                                    that a test specimen from a race animal that participated in a race contains a prohibited drug, chemical, or other substance, the animal may
                                                                                                                      [shall] be immediately disqualified. Issued in Austin, Texas, on September 9, 1991. TRD-9111090 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 16 TAC sec.319.305 The Texas Racing Commission adopts on an emergency basis an amendment to sec.319.305, concerning penalties. The amendment clarifies the authority of the commission staff to promulgate a schedule of recommended penalties for medication violations. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that pari-mutuel races currently being conducted are safe and humane for the race animals and free from illegal influence for the benefit of the public wagerers. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. sec.319.305. Penalties. (a) (No change.) (b) The commission staff
                                                                                                                        may promulgate
                                                                                                                          [approve] a fine schedule with recommended disciplinary action for use by stewards,
                                                                                                                            [and] racing judges , and the commission
                                                                                                                              in assessing penalties for various violations under this chapter. Issued in Austin, Texas, on September 9, 1991. TRD-9111091 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 16 TAC sec.319.306 The Texas Racing Commission adopts on an emergency basis an amendment to sec.319.306, concerning effects of rulings on purse. The amendment clarifies the procedure for redistributing purse money as a result of a positive drug test in which a race animal has been disqualified. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that pari-mutuel races currently being conducted are safe and humane for the race animals and free from illegal influence for the benefit of the public wagerers. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. sec.319.306. Effects of Rulings on Purse. [(a)] If the stewards or racing judges are notified of a positive test for which a race animal may be disqualified
                                                                                                                                [disqualify a horse under sec.319.304, of this title (relating to Disqualification for Positive Test)], the stewards or racing judges
                                                                                                                                  shall order the purse for the affected race held until the executive secretary approves the redistribution of the purse. [(b) If the racing judges are notified by the laboratory of a positive test on a greyhound, or if the racing judges disqualify a greyhound under sec.319. 304 of this title (relating to Disqualification on Positive Test), the racing judges shall order the purse for the affected race held, if it has not previously been distributed. If the purse money has been distributed, the racing judges shall order it returned after disqualification of the greyhound. The executive secretary shall approve the redistribution of the purse.] Issued in Austin, Texas, on September 9, 1991. TRD-9111092 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Testing Procedures 16 TAC sec.319.332 The Texas Racing Commission adopts on an emergency basis an amendment to sec.319.332, concerning procedure for obtaining specimens. The amendment clarifies the authority of the chief commission veterinarian regarding test barn technicians. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that pari-mutuel races currently being conducted are safe and humane for the race animals and free from illegal influence for the benefit of the public wagerers. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. sec.319.332. Procedure For Obtaining Specimens. (a) The commission veterinarian shall directly supervise the persons and procedures for obtaining specimens for conducting tests under this chapter. The individuals hired by the association to be test barn technicians and the compensation to be paid to the technicians are subject to the approval of the chief veterinarian. (b)-(c) (No change.) Issued in Austin, Texas, on September 9, 1991. TRD-9111093 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 16 TAC sec.319.333 The Texas Racing Commission adopts on an emergency basis an amendment to sec.319.333, concerning specimen tags. The amendment clarifies the requirements for specimen tags. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that pari-mutuel races currently being conducted are safe and humane for the race animals and free from illegal influence for the benefit of the public wagerers. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. sec.319.333. Specimen Tags. (a) (No change.) (b) The part of the tag that is sent with the specimen to the laboratory may contain only the date the specimen was obtained and
                                                                                                                                    a unique identification number assigned by the commission veterinarian. The part of the tag that is retained by the commission veterinarian must contain: (1)-(6) (No change.) Issued in Austin, Texas, on September 9, 1991. TRD-9111094 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 16 TAC sec.319.334 The Texas Racing Commission adopts on an emergency basis an amendment to sec.319.334, concerning delivery and retention of specimen. The amendment deletes the requirement that specimens be frozen for one year. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that pari-mutuel races currently being conducted are safe and humane for the race animals and free from illegal influence for the benefit of the public wagerers. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. sec.319.334. Delivery and Retention of Specimens. [(a)] The commission veterinarian shall ensure that a specimen that is to be sent to a testing laboratory is delivered to the laboratory in a timely manner and by a method that ensures the integrity of the specimen. The courier service to be used by an association and the contract with the courier service is subject to the approval of the commission or a designee of the commission. [(b) The testing laboratory shall freeze and store each urine specimen on which a test was conducted. A specimen shall be retained for at least one year after the date of the test.] Issued in Austin, Texas, on September 9, 1991. TRD-9111095 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 16 TAC sec.319.335 The Texas Racing Commission adopts on an emergency basis an amendment to sec.319.335, concerning auditing and approval of testing costs. The amendment requires drug testing costs to be reasonable in accordance with industry standards for comparable testing procedures. The amendment adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The amendment is adopted on an emergency basis to ensure that the drug testing program of the commission for pari-mutuel races currently being conducted is operated in accordance with current law. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.3.07, which requires the commission to audit drug testing costs. sec.319.335. Auditing and Approval of Testing Costs. (a) All charges for conducting tests under this subchapter must be audited and approved by the commission before payment. The commission shall audit the charges as to the reasonableness of the charges in accordance with industry standards for comparable testing procedures. (b) (No change.) Issued in Austin, Texas, on September 9, 1991. TRD-9111096 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Chapter 321. Pari-mutuel Wagering Subchapter A. Regulation and Totalisator Operations Regulation of Wagering 16 TAC sec.321.72 The Texas Racing Commission adopts on an emergency basis new sec.321.72, concerning multiple wagers. The amendment clarifies which multiple wagers are multiple-two wagers and which multiple wagers are multiple-three wagers. The section adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The section is adopted on an emergency basis to ensure that pari-mutuel wagering currently being conducted is conducted in accordance with state law for the benefit of the wagering public. The new section is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.11.01, which authorize the commission to adopt rules to regulate pari-mutuel wagering. sec.321.72. Multiple Wagers. (a) The following wagers are considered to be multiple-two wagers for all purposes: (1) daily double; (2) quinella; (3) exacta; and (4) quinella double. (b) The following wagers are considered to be multiple-three wagers for all purposes: (1) trifecta; (2) twin trifecta; (3) pick (n); (4) select three, four, or five; (5) superfecta; (6) tri-superfecta; and (7) national Pick-Seven. Issued in Austin, Texas, on September 9, 1991. TRD-9111097 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 Subchapter B. Distribution of Pari-mutuel Pools 16 TAC sec.321.118 The Texas Racing Commission adopts on an emergency basis new sec.321.118, concerning the national pick-seven. The section describes the procedure for placing a pick-seven wager in a national common pool for the Breeders' Cup for 1991 and for distributing that pool. The section adopted on an emergency basis is contemporaneously proposed for public comment in this issue of the Texas Register. The section is adopted on an emergency basis to ensure that all necessary rules are in place for the wagering public in this state to participate in national common pools on the Breeders' Cup races in November, 1991, which are of historic importance and which will result in substantial additional revenue to the state, the racetrack licensees, and the horsemen of this state. The new section is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.11.01, which authorize the commission to adopt rules to regulate pari-mutuel wagering, and sec.11.011 which authorize the commission to adopt rules to license and regulate pari-mutuel wagering on simulcast races. sec.321.118. National Pick-Seven. (a) Notwithstanding any other rule of the commission, this section applies to the national Pick-Seven wager conducted for the Breeders' Cup races run in 1991 at Churchill Downs. (b) The Pick-Seven pari-mutuel pool is not a parlay and has no connection with or any relation to any other pari-mutuel pool conducted by the sending racetrack, nor to any win, place, or show pool shown on the totalisator, nor to the rules governing the distribution of such other pools. (c) The Pick-Seven pari-mutuel pool consists of amounts contributed for a selection for win only in each of seven races designated by the sending racetrack with the approval of the sending racetrack's racing commission. An individual purchasing a Pick-Seven ticket shall designate the winning horse in each of the seven races comprising the Pick-Seven. (d) Those horses constituting an entry of coupled horses or those horses coupled as to constitute a mutuel field in a race comprising the Pick-Seven shall race as a single wagering interest for the purpose of the Pick-Seven pari-mutuel pool calculations and the payoffs to the public. However, if any part of either an entry or a field racing as a single wagering interest is a starter in a race, the entry or the field selection shall remain as the designated selection to win in that race for the Pick-Seven calculation and the selection shall not be deemed a scratch. (e) The Pick-Seven pari-mutuel pool shall be distributed in accordance with this section. The net amount of the Pick-Seven pari-mutuel pool shall be divided into the major share (75%) and the minor share (25%). The major share shall be distributed among holders of the Pick-Seven tickets which correctly designate the official winner in each of the seven races comprising the Pick-Seven and calculated using the net pool pricing method. The minor share shall be distributed among holders of Pick-Seven tickets which correctly designate the most official winners, but fewer than seven, of the seven races comprising the Pick-Seven and calculated using the net pool pricing method. (f) If there is no pari-mutuel ticket properly issued which correctly designates the official winner of each of the seven races comprising the Pick-Seven, the entire net pool shall be distributed among holders of Pick-Seven tickets, which correctly designate the most official winners of the seven races comprising the Pick-Seven and calculated using the net pool pricing method. (g) To determine the net pool, there shall be a deduction from gross wagers in each jurisdiction in an amount equal to the applicable takeout for that jurisdiction. The remaining amount of the wagers from all jurisdictions is combined to form the total net pool, on the basis of which a base payoff price is determined. Each jurisdiction's winning payoff price is determined by applying that jurisdiction's payoff rate to the base price. Each jurisdiction's individual rules relating to breakage and uncashed winning tickets shall also apply. Any other questions that arise not specifically covered in these rules shall be covered by the rules of the sending racetrack's state racing commission. (h) If a Pick-Seven pari-mutuel ticket designates a selection in any one or more of the races comprising the Pick-Seven and that selection is scratched, excused, or determined by the stewards to be a nonstarter in the race, the actual favorite, as evidenced by the amounts wagered in the sending racetrack's win pool at the time of the start of the race, will be substituted for the nonstarting selection for all purposes, including pool calculations and payoffs. In the event identical amounts of money have been wagered on two horses, the automatic substitute will be the horse with the lowest program number. (i) If there is a dead heat for win between two or more horses in a Pick-Seven race, all such horses in the dead heat for win shall be considered winning horses in the race for the purpose of calculating the pool. (j) If one or more of the races comprising the Pick-Seven is cancelled for any reason, the distribution of the entire net pool subject to distribution in the Pick-Seven pool shall be among the holders of pari-mutuel tickets which correctly designate the most official winners in all remaining race comprising the Pick-Seven, except, that if three or more of the seven races comprising the Pick-Seven are officially cancelled or declared a no contest, all pari-mutuel tickets on the Pick-Seven for that day shall be refunded, and the Pick-Seven shall be cancelled. (k) No pari-mutuel ticket for the Pick-Seven pool shall be sold, exchanged, or cancelled after the time of the closing of wagering in the first of the seven races comprising the Pick-Seven, except for such refunds on Pick-Seven tickets as required by this regulation. (l) If a Breeders' Cup race is oversubscribed, there will be a maximum of four Also Eligibles noted in the program selected in order of preference, which may be added in the event of a scratch, but only to the 12th betting interest. In no event will one or more Also Eligibles be added to the 12th betting interest after 7 a.m. at the sending racetrack on the day of the Breeders' Cup. Issued in Austin, Texas, on September 9, 1991. TRD-9111098 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 9, 1991 Expiration date: January 7, 1992 For further information, please call: (512) 794-8461 TITLE 22. EXAMINING BOARDS Part VIII. Texas Appraiser Licensing and Certification Board Chapter 151. Practice and Procedure 22 TAC sec.sec.151.1-151.30 The Texas Appraiser Licensing and Certification Board adopts on an emergency basis new sec.sec.151.1-151.30, concerning practice and procedure for the licensing and certification of real estate appraisers. The sections help implement the Texas Appraiser Licensing and Certification Act (the Act), House Bill-270, Acts of the 72nd Legislature, 1991. The Act, sec.26, provides for the emergency adoption of rules. The board finds that the adoption of the rules are necessary because of an imminent peril to the public welfare. Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) requires the use of state certified or licensed appraisers in connection with federally related transactions performed after December 31, 1991. The new sections are adopted on an emergency basis under the Act, House Bill 270, Acts of the 72nd Legislature, 1991, which provides the Texas Appraiser Licensing and Certification Board with the authority to adopt rules and regulations necessary for the performance of its duties. The Act provides for the emergency adoption of rules. sec.151.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Applicant-A person seeking a certification, license, or approval as an appraiser trainee from the board. Board-The Texas Appraiser Licensing and Certification Board. Complaining witness -Any person who has made a written complaint to the board against any person subject to the jurisdiction of the board. Contested case -A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for adjudicative hearing. License-The whole or a part of any board permit, certificate, approval, registration, or similar form of permission required by law. Licensing-Includes the board processes respecting the granting, disapproval, denial, renewal, certification, revocation, suspension, annulment, withdrawal, or amendment of a license. Party-The board and each person named or admitted as a party. Person-Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than the board. Petitioner-The person seeking an advisory ruling, the person petitioning for the adoption of a rule, or the party seeking affirmative relief in a proceeding before the board. Record-All notices, pleadings, motions, and intermediate orders; questions and offers of proof; objections and rulings on them; any decision, opinion, or report by the board; and all staff memoranda submitted to or considered by the board. Respondent-Any person subject to the jurisdiction of the board against whom any complaint has been made. sec.151.2. Object of Rules. The purpose of these rules is to provide for a simple and efficient system of procedure before the board, to insure uniform standards of practice and procedure, public participation and notice of board actions, and a fair and expeditious determination of causes. These rules shall be liberally construed, with a view towards the purpose for which they were adopted. sec.151.3. Scope of Rules. These rules shall govern the procedure for the institution, conduct, and determination of all causes and proceedings before the board. They shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of the board or the substantive rights of any person. sec.151.4. Filing of Documents. When a document is required to be filed in a contested case, rulemaking proceeding, or proceeding relating to a petition for declaratory ruling under these rules, it is deemed filed when received in the office of the Texas Appraiser Licensing and Certification Board, Austin. sec.151.5. Computation of Time. In computing any period of time described or allowed by these sections, by order of the board, or by any applicable statute, the period shall begin on the day after the act, event, or default in controversy and conclude on the last day of such computed period, unless it be a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, nor a legal holiday. sec.151.6. Motions for Postponement, Continuance, Withdrawal, or Dismissal. Motions for postponement, continuance, withdrawal, or dismissal of matters which have been duly set for hearing shall be in writing and shall be filed with the board not less than five days prior to the designated date that the matter is to be heard. Such motion shall set forth, under oath, the specific grounds upon which the moving party seeks such action and shall make reference to all prior motions of the same nature filed in the same proceeding. sec.151.7. Conduct and Decorum. Every party, witness, attorney, or other representative shall comport himself in all proceedings with proper dignity, courtesy, and respect for the board and all other parties. Disorderly conduct will not be tolerated. Attorneys and other representatives of parties shall observe and practice the standards of ethical behavior prescribed for attorneys-at-law by the State Bar of Texas. sec.151.8. Petition for Declaratory Rulings. On written petition of any interested person the board may issue a declaratory ruling with respect to the applicability of any rule or statute enforceable by it to any person, property, or state of facts. The petition shall include a clear and concise statement of the facts and circumstances upon which a ruling is to be made. Within 60 days after the filing of a petition, the board shall issue a declaratory ruling or shall give written notice to the petitioner of its refusal to issue a ruling, stating its reason for the refusal. The board may amend or withdraw a declaratory ruling, which amendment or withdrawal shall have the force and effect of a declaratory ruling. A declaratory ruling, if stated to be binding, is binding between the board and the petitioner on the statement of facts enumerated in the ruling, and is subject to review in the manner provided for the review of final decisions in contested cases. sec.151.9. Request for Advisory Opinions. Upon written or oral request, the board may issue written or oral advisory opinions. Such opinions are not binding on the board or on the person making the request, and may not be relied upon as an official board ruling. The board shall maintain a record of each advisory opinion, identifying the person to whom it was issued. sec.151.10. Notice of Intent to Adopt Rules.
                                                                                                                                      Prior to the adoption of any rule, the board shall give at least 30 days' notice of its intended action. Notice of the proposed rule will be filed with the secretary of state and with the lieutenant governor and the speaker of the house, and shall be mailed to any person making a timely written request therefor. sec.151.11. Request for Comments; Hearing; Explanation of Board Action. Prior to the adoption of any rule, all interested persons shall have reasonable opportunity to submit data, views, or arguments, orally or in writing. In the case of substantive rules, a public hearing shall be granted if requested in writing by at least 25 persons, by a governmental subdivision or agency, or by an association having at least 25 members; the request must be duly filed with the board within 15 days after publication of the notice of intent. All written and oral submissions concerning the proposed rule shall be considered fully. On the adoption of a rule, the board, if requested in writing by any interested person prior to or within 30 days after adoption, shall issue a concise statement of the principal reasons for and against its adoption, incorporating in the statement its reason for overruling the considerations urged against its adoption. sec.151.12. Emergency Rules.
                                                                                                                                        The board may adopt emergency rules without prior notice or hearing, if it finds that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days' notice and states in writing its reason for that finding. The rule may be effective for a period not longer than 120 days, renewable once for a period not exceeding 60 days. An emergency rule adopted pursuant to this rule and the board's written reasons for the adoption shall be filed in the office of the secretary of state. sec.151.13. Petition for Adoption of Rules. Any interested person may in writing petition the board requesting the adoption of a rule. The petition must include the text of the proposed rule and a clear and concise statement of the reasons justifying its adoption. Within 60 days after the filing of a petition, the board shall give written notice to the petitioner of its denial, stating its reasons therefor, or shall initiate rulemaking proceedings pursuant to these rules. sec.151.14. Informal Consultations.
                                                                                                                                          The board may use informal conferences and consultations as a means of obtaining the viewpoints and advice of interested persons concerning contemplated rulemaking. The board may appoint committees of experts or interested persons or representatives of the general public to advise it with respect to any contemplated rulemaking. The powers of these committees are advisory only. sec.151.15. Denial of a License. Notice and hearings relating to denial of a license issued by the board shall be governed by the Texas Appraiser Licensing and Certification Act and by Texas Civil Statutes, Article 6252-13a. In the case of an application for approval as an appraiser trainee the board shall also notify a sponsoring certified or licensed appraiser of the denial, but a sponsoring appraiser is not required to request a hearing or to be named or admitted as a party in the proceeding before the board. A hearing pursuant to this section shall be held at a place designated by the board. Failure to request a hearing timely waives judicial appeal, and the board determination becomes final and unappealable. sec.151.16. Suspension and Revocation of a License.
                                                                                                                                            A license issued by the board may not be suspended or revoked except after notice and opportunity for hearing pursuant to statutory obligation and these sections. If an appraiser trainee is a respondent, the board will also notify the trainee's sponsoring appraiser of the hearing. The hearing shall be held at a time and place designated by the board. sec.151.17. Notice of Hearing. The notice of hearing shall be served by personal service or certified mail not less than 10 days prior to the date set for the hearing. The notice must include a statement of the time, place, and nature of the hearing; a statement of the legal authority and jurisdiction under which the hearing is to be held; a reference to the particular sections of the statutes and rules involved; and a short and plain statement of the matters asserted, or, if the board is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, on timely written application, a more definite and detailed statement must be furnished not less than three days prior to the date set for the hearing. sec.151.18. Hearings Before the Board. The chairman of the board or a member designated by the chair shall preside over hearings conducted by the board. The chairman of the board or a member designated by the chairman for that purpose shall rule on the admissibility of evidence or amendments to pleadings. sec.151.19. Limitations on Number of Witnesses. The chairman of the board or member designated by the chairman shall have the right in any proceeding to limit the number of witnesses whose testimony is merely cumulative. sec.151.20. Right to Counsel; Right to Participate.
                                                                                                                                              All parties, at their own expense, may be represented by counsel, which right may be expressly waived. Parties are entitled to respond and present evidence and argument on all issues involved, and to conduct cross-examinations for full and true disclosure of the facts. sec.151.21. Ex Parte Consultations. A member of the board may not communicate, directly or indirectly, in connection with any issue of fact or law with any person, party, or their representative except on notice and opportunity for all parties to participate. A member of the board may communicate ex parte with employees of the board who have not participated in any hearing in the case for the purpose of utilizing the special skills or knowledge of the board and its staff in evaluating the evidence. sec.151.22. Subpoenas; Depositions.
                                                                                                                                                The issuance of subpoenas and commissions and the taking and use of depositions in a contested case shall be governed by Texas Civil Statutes, Article 6252-13a, sec.14. Subpoenas and commissions may be issued by the chairman or a member designated by the chairman. sec.151.23. Testimony. In any contested case before the board, witnesses shall be sworn and their testimony shall be taken under oath. sec.151.24. Rules of Evidence. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded from consideration. The rules of evidence as applied in nonjury cases in the district court shall apply. When necessary to prove facts not reasonably susceptible of proof thereunder, evidence not admissible under the rules may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons. The rules of privilege recognized by law shall be observed. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to review the original. Official notice may be taken of all facts judicially cognizable and of generally recognized facts within the area of the board's special knowledge. Parties shall be notified of the material officially noticed and must be afforded an opportunity to contest the material so noticed. sec.151.25. The Record.
                                                                                                                                                  Stenographic notes must be made and a record maintained in all contested cases before the board. sec.151.26. Informal Disposition.
                                                                                                                                                    Informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. No stipulation or agreed settlement between the parties or their attorneys or representatives, with regard to any matter involved in any proceeding before the board shall be enforced unless it shall have been reduced to writing and signed by the parties or their authorized representatives and made a part of the record or unless it shall have been dictated into the record by them during the course of a hearing or incorporated in an order bearing their written approval. sec.151.27. Final Decisions and Orders. A final decision or order adverse to a party in a contested case must be in writing or stated in the record. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Parties shall be notified either personally or by first class mail of any decision or order. When the board issues a final decision or order ruling on a motion for rehearing, the board shall send a copy of that final decision or order by first class mail to the attorneys of record and shall keep an appropriate record of that mailing. If a party is not represented by an attorney of record, then the board shall send a copy of a final decision or order ruling on a motion for rehearing by first class mail to that party, and the board shall keep an appropriate record of that mailing. A party or attorney of record notified by mail of a final decision or order as required by this section shall be presumed to have been notified on the date such notice is mailed. A final decision must be rendered within 60 days after the date the hearing is finally closed. sec.151.28. Finality of Decisions. A decision is final, in the absence of a timely motion for rehearing, on the expiration of the period for filing a motion for rehearing. A decision is final and appealable on the date of rendition of the order overruling a motion for rehearing, or on the date the motion for rehearing is overruled by operation of law. A decision is final and appealable on the date rendered if the board finds that an imminent peril to the public health, safety, or welfare requires immediate effect, in which event the decision or order shall recite the finding and the fact that the decision is final and effective on the date rendered. sec.151.29. Prerequisite to Judicial Review. Except in the case of an emergency decision or order, a motion for rehearing is a prerequisite to judicial review. A motion for rehearing must set forth specific grounds upon which the motion is based and must be sufficiently definite to apprise the board of any error claimed. A motion for rehearing must be filed within 20 days after the date the party or their attorney of record is notified of the final decision or order. Replies to a motion for rehearing must be filed with the board within 30 days after the date the party or their attorney of record is notified of the final decision or order. The board must act on the motion within 45 days after the date the party or their attorney of record is notified of the final decision or order. The board may, by written order extend the period of time for filing, replying to, and taking action on a motion for rehearing, not to exceed 90 days after the date the party or attorney of record is notified of the final decision or order. In the event of an extension of time, the motion for rehearing is overruled by operation of law on the date fixed by the written order of extension, or in the absence of a fixed date, 90 days after the date the party or their attorney of record is notified of the final decision or order. The board may modify this schedule with the consent of the parties. sec.151.30. Judicial Review.
                                                                                                                                                      A person who has exhausted all administrative remedies, and who is aggrieved by a final decision in a contested case is entitled to judicial review. The petition shall be filed in a district court of Travis County within 30 days after the decision or order of the board is final and appealable. A copy of the petition must be served on the board and any other parties of record. After service of the petition on the board and within the time permitted for filing an answer (or such additional time as may be allowed by the court), the board shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding. If the court orders new evidence to be taken before the board, the board may modify its findings and decision by reason of the additional evidence, and shall file such evidence and any modifications, new findings, or decisions with the reviewing court. Issued in Austin, Texas, on August 30, 1991. TRD-9110808 Renil C. Liner Acting Commissioner Texas Appraiser Licensing and Certification Board Effective date: September 4, 1991 Expiration date: January 2, 1992 For further information, please call: (512) 463-3950 Chapter 153. Provisions of the Texas Appraiser Licensing and Certification Act 22 TAC sec.sec.153.1, 153.3, 153.5, 153.7, 153.9, 153.11, 153.13, 153.15, 153.17, 153.21, 153.23 The Texas Appraiser Licensing and Certification Board adopts on an emergency basis new sec.sec.153.1, 153.3, 153.5, 153.7, 153.9, 153.11, 153.13, 153. 15, 153.17, 153.21, and 153.23, concerning the licensing and certification of real estate appraisers. The sections implement the Texas Appraiser Licensing and Certification Act (the Act), House Bill-270, Acts of the 72nd Legislature, 1991. The Act, sec.26, provides for the emergency adoption of rules. The board finds that the adoption of the rules are necessary because of an imminent peril to the public welfare. The rules permit appraisers to become licensed or certified and thereby remain eligible to appraise in federally related transactions in compliance with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). By December 31, 1991, appraisals performed in connection with federally related transactions must be performed only by persons licensed or certified in accordance with Title XI. Section 151.1 defines terms employed in the appraisal of real property or in the sections relating to licensing and certification. Section 151.3 concerns the Texas Appraiser Licensing and Certification Board (the board), and establishes minimum number of meetings, establishes a quorum of five members, establishes board officers, and confirms that the meetings of the board are subject to the Texas Open Meetings Act. Section 151.5 establishes various fees for licensing and certification of appraisers, for appraiser trainees, and temporary registration of non-resident appraisers. Section 151.7 establishes two categories of certified appraisers, state certified general real estate appraiser and state certified residential real estate appraiser. Section 151.9 provides for the filing of applications; adopts application, experience verification, and course approval forms by reference; grounds to disapprove applications; and provides for acceptance of applications transferred to the board pursuant to the Act, sec.24(d). Section 151.11 provides for examinations for licensing and certification, establishes a minimum passing score, provides for the retaking of failed examinations after payment of another examination fee, provides for the administration of special examinations to those with physical limitations, and requires examinees to comply with instructions. Section 151.13 provides for the acceptance of education for meeting licensing and certification requirements; establishes minimum levels of education required, 165 classroom hours for certified general appraisers, 105 classroom hours for certified residential appraisers, and 75 classroom hours for state licensed appraisers; and provides for the prior approval of courses by educational providers. Section 151.15 establishes required appraisal experience for certification and licensing in accordance with the criteria established by the Appraiser Qualifications Board of the Appraisal Foundation and with the Act. Section 151.17 establishes requirements for renewal of licensure and certification and provides a procedure for notifying appraisers and trainees to file renewal applications. The section also requires a licensed or certified appraiser to complete 20 hours of continuing education courses approved by the board in order to renew a license or certification. Section 151.21 provides for appraiser trainees under the sponsorship of a certified or licensed appraiser, hold the sponsoring licensed or certified appraiser responsible for the conduct of the appraiser trainee, and provide for notice and hearing for sanctions against the sponsoring licensed or certified appraiser. Section 151.23 provides for the certification and licensing of appraisers who met the requirements for certification under the previous law (the Real Estate License Act, Texas Civil Statutes, Article 6573a, sec.22). The new sections are adopted on an emergency basis under the Act, House Bill 270, Acts of the 72nd Legislature, 1991, which provides the Texas Appraiser Licensing and Certification Board with the authority to adopt rules and regulations necessary for the performance of its duties. The Act provides for the emergency adoption of rules. sec.153.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Act-The Texas Appraiser Licensing and Certification Act. Analysis-The act or process of providing information, recommendations, or conclusions on diversified problems in real estate other than estimating value. Applicant-A person seeking to be certified or licensed as an appraiser or approved as an appraiser trainee. Appraisal-A written statement used in connection with a federally related transaction that is independently and impartially prepared by a licensed or certified appraiser that states an opinion of the defined value of an adequately described property as of a specific date that is supported by the presentation and analysis of relevant market information. Appraisal Standards Board-The Appraisal Standards Board (ASB) of the Appraisal Foundation or its successor. Appraisal Subcommittee -The Appraisal Subcommittee of the Federal Financial Institutions Examination Council or its successor. Appraiser Qualifications Board-The Appraiser Qualifications Board (AQB) of the Appraisal Foundation or its successor. Appraiser trainee -A person approved by the Texas Appraiser Licensing and Certification Board to perform appraisals under the direction of a sponsoring certified or licensed appraiser. Board-The Texas Appraiser Licensing and Certification Board. Classroom hour -Fifty minutes of actual classroom session time. Client-Any party for whom an appraiser performs a service. College-A junior or community college, senior college, university, or any other postsecondary educational institution established by the Texas Legislature, which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools or like commissions of other regional accrediting associations, or is a candidate for such accreditation. Commissioner-The commissioner of the Texas Appraiser Licensing and Certification Board. Council-The Federal Financial Institutions Examination Council (FFIEC) or its successor. Feasibility analysis -A study of the cost-benefit relationship of an economic endeavor. Federal financial institution regulatory agency-The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the National Credit Union Administration, or the successors of any of those agencies. Federally related transaction-Any real estate-related transaction engaged in, contract for, or regulated by a federal financial institution regulatory agency or the Resolution Trust Corporation that requires the services of an appraiser. Foundation-The Appraisal Foundation or its successor. Nonresidential property -A property which does not conform to the definition of residential property. Person-An individual. Personal property -Identifiable portable and tangible objects which are considered by the general public as being "personal;" for example, furnishings, artwork, antiques, gems and jewelry collectibles, machinery, and equipment. Real estate-An identified parcel or tract of land, including improvements, if any. Real estate-related financial transaction-Any transaction involving: the sale, lease, purchase, investment in, or exchange of real property, including an interest in property or the financing of property; the financing of real property or an interest in real property; or the use of real property or an interest in real property as security for a loan or investment including a mortgage-backed security. Real property-The interests, benefits, and rights inherent in the ownership of real estate. Report-Any communication, written or oral, of an appraisal, review, or analysis; the document that is transmitted to the client upon completion of an assignment. Residential property -Property that consists of at least one but not more than four residential units. Review-The act or process of critically studying a report prepared by another. State certified real estate appraiser-A person certified under the Texas Appraiser Licensing and Certification Act. State licensed real estate appraiser-A person licensed under the Texas Appraiser Licensing and Certification Act. sec.153.3. The Board. (a) The board shall meet in Austin in February of each year and at such other times and places as it deems necessary to discharge the responsibilities of the board. Meetings of the board are subject to the Texas Open Meetings Act, Texas Civil Statutes, Article 6252-17. (b) A quorum of the board consists of five members. (c) Meetings of the board may be called by the chairman on a motion by the chairman or upon the written request of five members. Meetings shall be conducted in accordance with Robert's Rules of Order. (d) Officers of the board shall consist of a chairman, a vice-chairman, and a secretary. The board shall elect its officers at the February meeting or upon the creation of a vacancy in an office, whichever first occurs. (e) Terms of office for members of the board are established when the members are appointed by the governor as provided by the Texas Appraiser Licensing and Certification Act, sec.6(f), and members shall continue to serve until their successors are qualified. sec.153.5. Fees. (a) The board shall charge and collect the following fees: (1) an application fee for certification or licensing of $125; (2) an examination fee of $50; (3) a renewal fee for a certificate or license of $100; (4) an application fee for approval as an appraiser trainee of $50; (5) a renewal fee for appraiser trainee approval of $25; (6) a fee for notifying the board of a change of office location of $10; (7) a fee for nonresident appraiser registration of $25; and (8) an annual federal registry fee of $25. (b) Fees must be submitted in the form of a cashier's check or money order payable to the order at the Texas Appraiser Licensing and Certification Board. Fees are not refundable once an application has been accepted for filing. (c) Appraisers certified or licensed by the board shall pay any annual registry fee required under federal law within 30 days after the board mails a written request for payment of the fee to the appraiser's last known business address as shown in the board's records. If, however, the board requests payment of the registry fee in connection with renewal of a certification or license, the registry fee must be paid at the same time as the fee for certification or license renewal. sec.153.7. Categories of Appraiser Certification. (a) There is hereby created the category of state certified general real estate appraiser. To be eligible for certification as a state certified general real estate appraiser an applicant must meet the requirements for general certification set by these sections and the Texas Appraiser Licensing and Certification Act (the Act). (b) There is hereby created the category of state certified residential real estate appraiser. To be eligible for certification as a state certified residential real estate appraiser an applicant must meet the requirements for residential certification set by these sections and the Act. sec.153.9. Applications. (a) A person desiring to be certified or licensed as an appraiser or approved as an appraiser trainee shall file an application using forms prescribed by the board; provided, however, forms implementing the prior law may be accepted so long as the applicant satisfies current requirements for certification or licensing. The board may decline to accept for filing an application which is materially incomplete or which is not accompanied by the appropriate fee. Except as provided by the Texas Appraiser Licensing and Certification Act (the Act), the board may not grant a certification, license, or approval of trainee status to an applicant unless the applicant: (1) pays the fees requested by the board; (2) satisfies any experience and education requirements established by the Act or by these sections; (3) successfully completes any qualifying examination prescribed by the board; and (4) provides all supporting documentation or information requested by the board in connection with the application. (b) The Texas Appraiser Licensing and Certification Board adopts by reference the following forms approved by the board in 1991 and published by and available from the board, P.O. Box 12188, Austin, Texas 78711-2188: (1) TALCB Form 1.0, Application for Appraiser Certification, Licensing and Examination; (2) TALCB Form 2.0, Appraisal Experience Affidavit; (3) TALCB Form 3.0, Appraisal Experience Log; (4) TALCB Form 4.0, Application for Approval as an Appraiser Trainee; (5) TALCB Form 5.0, Request for Course Approval and Renewal; and (6) TALCB Form 6.0, Temporary Non-Resident Appraiser Registration. (c) An application may be considered void and subject to no further evaluation or processing if an applicant fails to provide information or documentation within 60 days after the board makes written request for the information or documentation. (d) A certification, license, or appraiser trainee approval is valid for the term for which it is issued by the board unless suspended or revoked for cause and unless revoked, may be renewed in accordance with the requirements of sec.153.17 of this title (relating to Renewals and Continuing Education). (e) The board may deny certification, licensing, or approval as an appraiser trainee to an applicant who fails to satisfy the board as to the applicant's honesty, trustworthiness, and integrity. (f) Applications transferred to the board pursuant to the Act, sec.24(d), shall be deemed filed with the board on the effective date of the Act. An application for general certification shall be considered an application to the board for general real estate appraiser certification. An application for residential certification shall be considered an application to the board for residential real estate appraiser certification. The board shall confirm satisfaction of requirements for certification or licensing imposed by the Act but may not require reapplication or payment of additional application fees. sec.153.11. Examinations. (a) Examinations administered by the board to applicants shall be administered in accordance with the provisions of this section and the Texas Appraiser Licensing and Certification Act (the Act). If an examination is conducted by a testing service under contract with the board, the examination shall be conducted in accordance with the procedures specified in the contract. (b) Each examination shall concern the subjects endorsed and approved for examinations by the Appraiser Qualifications Board for the category of license or certification sought and Texas law related to the appraisal of real property. Each applicant must achieve a score of at least 75% on the examination. An applicant may file an application to take the examination on the form approved by the board or may use the application form for certification or licensing. In either case, the applicant shall submit the appropriate examination fee set by the board. (c) If an applicant fails the examination, the applicant must apply to take the examination again and pay the appropriate fee within one year from the date of the unsuccessful examination. If the applicant has not satisfied all examination requirements within one year from the time the board accepted an application for filing or timely applied to take the examination again, the application is terminated and a new application is required. (d) The board or any testing service under contract with the board shall administer examinations at locations designated by the board. The board may assign an examination date and site to an applicant. An applicant who does not attend an assigned examination shall be deemed to have failed unless the board is notified at least one working day before the exam that the applicant will not appear on the assigned date. (e) To be authorized for admittance to an examination, the applicant must present to the examination proctor an admission ticket issued by the board. Admission tickets will specify a date, time, and location for the examination and will be valid only for that date. In addition to the admission ticket, examination proctors shall require official photo-bearing personal identification of individuals appearing for an examination and shall deny entrance to anyone who cannot provide adequate identification. Proctors may refuse admittance to an examinee or dismiss an examinee prior to the completion of the examination, if in the proctor's opinion, the individual's conduct or demeanor is such that the proctor feels the individual would be a disruptive influence on the other examinees. Proctors may assign a specific seat or desk to each examinee. Proctors may require that an examinee be reseated during the course of the examination. Proctors may refuse admittance to an examinee who reports to the proctor for admittance to the examination after the time the examination is scheduled to begin. (f) Examinees are permitted to use slide rules or silent, battery-operated, electronic, pocket-sized calculators. If a calculator has printout capability, the use of the calculator must be approved by the examination proctor prior to the examination. Calculators with alpha-numeric keyboards may not be used. (g) Examination schedules shall be published periodically by the board. (h) Special examinations based on verified physical limitations or other good cause as determined by the board may be arranged for applicants. Special examinations will be administered at the board headquarters in Austin, unless an applicant is physically incapable of traveling to Austin or of being transported to Austin. Requests for special examinations will be handled individually, requiring medical verification or confirmation by the board. The method of special examination will be determined by the board based on the particular circumstances of each case. (i) Examinees shall comply with all instructions from the board or an examination proctor. Proctors may confiscate examination materials of an examinee giving or receiving or attempting to give or receive unauthorized assistance or answers to examination questions and such examinee will be dismissed from the examination session with a failing grade. Dismissal may result in disapproval of an application. The board may file theft charges against any person who removes or attempts to remove an examination or any portion thereof or any written material furnished with the examination whether by actual physical removal or by transcription. The board may deny, suspend, or revoke a license or certification for disclosing to another person the content of any portion of an examination with the expectation that the disclosed information would be used by or made available to another applicant. sec.153.13. Educational Requirements. (a) The board may accept a course of study to satisfy educational requirements for certification or licensing established by the Texas Appraiser Licensing and Certification Act (the Act) or by this section if the board has approved the course and determined it to be a course related to real estate appraisal. (b) The board may approve courses submitted or to be submitted by applicants for appraiser certification upon a determination of the board that: (1) the subject matter of the course was appraisal-related; provided that core real estate courses set forth in Texas Civil Statutes, Article 6573a, sec.7(a)(1)-(4), (6), (8), and (9) shall be deemed appraisal-related; (2) the course was offered by an accredited college or university, a school accredited by a real estate or appraiser certification or licensing agency of another state, a professional trade association, or a service-related school such as the United States Armed Forces Institute; or the course was offered or approved by a federal agency or commission or by an agency of this state; (3) the applicant either obtained credit by challenge examination as permitted by the Act, sec.24(d), or received in a classroom presentation the hours of instruction for which credit was given and successfully completed a final examination for course credit; and (4) the course was at least 15 classroom hours in duration, not including the time required for an examination. (c) For the purposes of this section, a professional trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors that is designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting the common interest of its members. (d) The board may require an applicant to furnish materials such as course outlines, syllabi, course descriptions, or official transcripts to verify course content or credit. (e) Applicants for general real estate appraiser certification must have successfully completed 165 classroom hours in courses approved by the board. Applicants for residential real estate appraiser certification must have successfully completed 105 classroom hours in courses approved by the board. For either category of certification, the coursework submitted must have included a minimum of 15 hours of coverage of the "Uniform Standards of Professional Appraisal Practice" (USPAP). (f) Applicants for a real estate appraiser license must have successfully completed 75 classroom hours in courses approved by the board, including 15 hours of coverage of the USPAP. (g) Course providers may obtain prior approval of a course by filing form TALCB 5.0 and submitting the following items to the board: (1) a copy of any textbook, course outline, syllabus, or other written material used in the course; (2) a copy of the question and answers to the written final examination; such prior approval of courses will remain in effect for a period of two years after the date of approval. (h) The board shall accept classroom hour units of instruction as shown on the transcript or other document evidencing course credit if the transcript reflects the actual hours of instruction the student received. Fifteen classroom hours of credit may be awarded for one semester hour of credit from an acceptable provider. Ten classroom hours of credit may be awarded for one quarter hour of credit from an acceptable provider. Ten classroom hours of credit may be awarded for each continuing education credit from an acceptable provider. The board may not accept courses repeated within three years of the original offering unless the subject matter has changed significantly. (i) Teachers of appraisal courses may receive credit for either classroom hours or experience, but not for both. Applicants must provide documentation as requested by the board to establish credit for teaching appraisal courses. Education credit for teaching a particular course may be claimed only once in each three-year period. sec.153.15. Experience Required for Certification or Licensing. (a) An applicant for general real estate appraiser certification must provide evidence satisfactory to the board that the applicant possesses the equivalent of 2,000 hours of appraisal experience over a minimum of two calendar years. At least 1,000 hours of experience must be in non-residential work. Hours may be treated as cumulative in order to achieve the necessary hours of appraisal experience. (b) An applicant for residential real estate appraiser certification must provide evidence satisfactory to the board that the applicant possesses the equivalent of 2,000 hours of appraisal experience over a minimum of two calendar years. Hours may be treated as cumulative in order to achieve the necessary hours of appraisal experience. (c) An applicant for a state real estate appraiser license must provide evidence satisfactory to the board that the applicant possesses at least 2,000 hours of appraisal experience. (d) Experience credit shall be awarded by the board in accordance with current criteria established by the Appraiser Qualifications Board and in accordance with the provisions of the Texas Appraiser Licensing and Certification Act specifically relating to experience requirements. (1) Experience credit may be awarded for a fee or staff appraisal when it is performed in accordance with the provisions of the "Uniform Standards of Professional Appraisal Practice" (USPAP) in effect at the time of the appraisal. (2) Experience credit may be awarded for an ad valorem tax appraisal which: (A) uses techniques to value properties similar to those used by appraisers; and (B) effectively uses the appraisal process. The components of the mass appraisal process which may be awarded experience credit are the highest and best use analysis, model specification (developing the model) , and model calibration (developing adjustments to the model). Other components of the mass appraisal process, by themselves, are not eligible for experience credit. Mass appraisals must be performed in accordance with Standards Rule 6 of USPAP. (3) Experience credit may be awarded for a review appraisal when the appraiser performs review(s) of appraisals prepared by either employees, associates, or others, provided the appraisal report was not signed by the review appraiser. Review appraisal credit shall not be awarded when the report is signed as a review appraiser as this should appropriately be considered as appraisal experience. Review appraisals must be performed in accordance with Standards Rule 3 of USPAP. (4) Experience credit may be awarded for appraisal analysis. A market analysis typically performed by a real estate broker or salesman may be awarded experience credit when the analysis is prepared in conformity with Standards Rules 1 and 2 of USPAP, and the individual can demonstrate that they are using similar techniques as appraisers to value properties and effectively utilize the appraisal process. (5) Experience credit may be granted for real estate counseling (consulting) when it is appraisal related and performed in accordance with Standards Rules 4 and 5 of USPAP. (6) Experience credit may be granted for highest and best use analysis. (7) Experience credit may be awarded for a feasibility analysis or feasibility study when it is performed in accordance with Standards Rules 4 and 5 of USPAP. (8) Experience credit may be awarded for teaching appraisal courses provided than an applicant may not receive more than 500 hours for teaching appraisal courses each year. Actual classroom time may be claimed, e.g., a three-semester credit course equates to 45 hours of appraisal teaching experience; a 15 classroom-hour course equates to 15 hours of teaching experience. Teaching an appraisal course may be used either for experience credit or for education credit. Both experience credit and education credit may be granted for teaching multiple sections of the same course; that is, credit for teaching a particular section of a course may be applied toward education credit and teaching another section of the same course may be applied toward experience credit. Documentation shall be required. sec.153.17. Renewal of Certification, License, or Trainee Approval; Continuing Education. (a) A certified or licensed appraiser or appraiser trainee may renew the certification, license, or trainee approval by timely filing the prescribed application for renewal, paying the appropriate fee to the board, and satisfying continuing education requirements as provided by this section. (b) The board shall mail the prescribed renewal application form to the appraiser or trainee's last known business address at least 90 days prior to the expiration of the certification, license, or approval. An appraiser trainee's business address is the address of the appraiser trainee's sponsoring appraiser. It is the responsibility of the appraiser or trainee to apply for renewal in accordance with these sections, and failure to receive a renewal application form from the board does not relieve the appraiser or trainee of the responsibility of applying for renewal. (c) The board may not accept a renewal application filed after the expiration of the certification, license, or appraiser trainee approval. An appraiser or trainee who does not timely file a renewal application must reapply for certification, license, or approval as an appraiser trainee in accordance with the provisions of sec.153.9 of this title (relating to Applications). If the application is filed within one year of the expiration of a previous certification or license the applicant shall also provide satisfactory evidence of completion of any continuing education that would have been required for a timely renewal of the previous certification or license. If the application for certification or license is filed more than one year after the expiration of the previous certification or license, the applicant must successfully complete the examination required by sec.153.11 of this title (relating to Examinations). (d) A renewal application is deemed filed when placed in the mails properly addressed to the board with appropriate postage paid. (e) As a condition for renewing a certification or license, an appraiser must successfully complete the equivalent of at least 20 classroom hours of continuing education courses approved by the board during the two-year period preceding the expiration of the certification or license. The board shall base its review and approval of continuing education courses upon the current appraiser qualification criteria of the Appraiser Qualifications Board. sec.153.21. Appraiser Trainees. (a) A certified or licensed appraiser may apply to the board to sponsor an appraiser trainee on the application form prescribed by the board. Once a person is approved as an appraiser trainee by the board, the person may perform appraisals under the direction of the sponsoring appraiser unless one of the following events occurs: (1) the appraiser trainee approval expires due to nonpayment of the annual renewal fee; (2) the sponsorship is terminated by either the sponsor or the trainee; or (3) the trainee's authority to act has been suspended or revoked by the board. (b) The sponsoring appraiser shall immediately notify the board in writing of any termination of sponsorship of an appraiser trainee. (c) If an appraiser trainee's approval has expired or been revoked by the board or the sponsorship of the appraiser trainee has been terminated, the appraiser trainee may not perform appraisals until an application to sponsor the trainee has been filed together with the appropriate fee by a certified or licensed appraiser and approved by the board. (d) Certified or licensed appraisers who sponsor appraiser trainees are responsible to the public and to the board for the conduct of the appraiser trainee under the Texas Appraiser Licensing and Certification Act (the Act). After notice and hearing, the board may reprimand a sponsoring appraiser or may suspend or revoke a sponsoring appraiser's certification or license based on conduct by the appraiser trainee constituting a violation of the Act or a rule of the board. sec.153.23. Appraisers Meeting Certification Requirements Under Prior Law; Transitional Licenses. (a) The board shall issue a certification as a state certified general real estate appraiser to a person who has met the requirements for general certification before the effective date of the Texas Appraiser Licensing and Certification Act (the Act). The board may not require reapplication or payment of a fee for issuance of a certification under this subsection. (b) The board shall issue a certification as a state certified residential real estate appraiser to a person who has met the requirements for residential certification before the effective date of the Act and who has within 90 days after the effective date of the Act satisfied the board that the person has met the hours of education required by the guidelines of the Appraiser Qualifications Board. If the person fails timely to satisfy the board of the completion of the required education or requests issuance of a state real estate appraiser license, the board shall issue a state real estate appraiser license to the person. The board may not require reapplication or payment of a fee for issuance of a certification or license under this subsection. (c) The board shall issue a transitional license to a person who has passed the real estate appraiser examination offered by the Texas Real Estate Commission before the effective date of the Act but who has not met the requirements for general or residential certification under the prior law. The board may issue a transitional license to an applicant who passed the examination required for licensing under this Act but who lacks the education or experience requirements for licensing under this Act if the application is made to the board on or before the first anniversary of the effective date of this Act. A transitional license issued under this subsection shall be valid for not more than two years and may not be renewed by the board. A transitional license shall be equivalent to a license issued under this Act and the holder of a transitional license shall be held to the same standards and may perform the same duties as a state licensed real estate appraiser. (d) A certification or license issued under this section is valid for two years from the date of issuance. Certifications and licenses issued under this section may be renewed only in accordance with the provisions of the Act. Issued in Austin, Texas, on August 30, 1991. TRD-9110809 Renil C. Liner Acting Commissioner Texas Appraiser Licensing and Certification Board Effective date: September 4, 1991 Expiration date: January 2, 1992 For further information, please call: (512) 465-3950 Chapter 155. Standards of Practice 22 TAC sec.155.1 The Texas Appraiser Licensing and Certification Board (the board) adopts on an emergency basis new sec.155.1, concerning standards of practice for licensed and certified real estate appraisers. The section helps implement the Texas Appraiser Licensing and Certification Act (the Act), House Bill 270, Acts of the 72nd Legislature, 1991. The Act, sec.26, provides for the emergency adoption of rules. The board finds that the adoption of the rule is necessary because of an imminent peril to the public welfare. The rule adopts the "Uniform Standards of Professional Appraisal Practice" (USPAP) and requires written appraisal reports for federally related transactions. The provisions are consistent with Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act 1989 (FIRREA). By December 31, 1991, appraisals performed in connection with federally related transactions must be performed only by persons licensed or certified in accordance with Title XI who adhere to the USPAP standards. The new sections are adopted on an emergency basis under the (the Act), House Bill 270, Acts of the 72nd Legislature, 1991, which provides the Texas Appraiser Licensing and Certification Board with the authority to adopt rules and regulations necessary for the performance of its duties. The Act provides for the emergency adoption of rules. sec.155.1. Standards of Practice. (a) An appraisal performed by a person subject to the Texas Appraiser Licensing and Certification Act must conform with the "Uniform Standards of Professional Appraisal Practice" (USPAP) of the Appraisal Foundation in effect at the time of the appraisal. (b) Appraisal reports prepared by state certified or licensed appraisers in connection with a federally related transaction under the jurisdiction of a federal financial institutions regulatory agency or the Resolution Trust Corporation shall be written reports. Issued in Austin, Texas, on August 30, 1991. TRD-9110810 Renil C. Liner Acting Commissioner Texas Appraiser Licensing and Certification Board Effective date: September 4, 1991 Expiration date: January 2, 1992 For further information, please call: (512) 465-3950 Part XXII. Texas State Board of Public Accountancy Chapter 503. Definitions 22 TAC sec.503.1 The Texas State Board of Public Accountancy adopts on an emergency basis a repeal to sec.503.1, concerning definitions. The emergency repeal is necessary in order to avoid having conflicting definitions in the board's rules. The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules to effectuate the Act. sec.503.1. Definitions. Issued in Austin, Texas, on September 3, 1991. TRD-9110813 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: September 4, 1991 Expiration date: January 2, 1992 For further information, please call: (512) 450-7066 TITLE 34. PUBLIC FINANCE Part VII. State Property Tax Board Chapter 153. Truth in Taxation Requirements 34 TAC sec.153.1, sec.153.2 The State Property Tax Board adopts on an emergency basis amendments to sec.153.1 and sec.153.2. The Tax Code, sec.26.04 and sec.26.06 requires the board to prescribe the form and content of the notice of a taxing unit's rollback tax rate and notice of a public hearing to increase the tax rate. The amendment adopts amended model forms 26.04 and 26.06 by reference. The modifications reflect additional steps in rate calculation and additional information permitted by law. The amendments are adopted on an emergency basis because changes in legislation will permit a county to use additional steps in calculating its rollback tax rate and these steps should be included in the notice required by sec.26.04. Additionally, changes in legislation require the notice published by a county under sec.26.06 to include certain information if the county uses the additional steps in calculating its rollback tax rate. Otherwise, a county that calculates its rollback tax rate and uses the additional steps after September 1, 1991, could not publish accurate notices that would comply with the existing board rule. The amendments are adopted on an emergency basis under the Tax Code, sec.26.04 and sec.26.06, which provides the State Property Tax Board with the authority to prescribe the form and wording for notice of a taxing unit's effective and rollback tax rate and notice of a hearing to increase the tax rate. sec.153.1. Notice of Public Hearing on Tax Increase. (a) Except as provided by subsection (b) of this section, a taxing unit that is required by the Tax Code, sec.26.06, to publish a notice of public hearing on a proposed tax increase shall employ the form and wording of Model Form 26.06 in publishing the notice. A county to which a state criminal justice mandate applies may modify the model form by inserting a description and the amount of the mandate. (b) Model Form 26.06, as amended September 6, 1991,
                                                                                                                                                        is adopted by reference. Copies may be obtained from the State Property Tax Board, 4301 Westbank Drive, Building B, Suite 100, Austin, Texas 78746-6565. sec.153.2. Notice of Effective and Rollback Tax Rates. (a)-(c) (No change.) (d) Model Form 26.04, as amended September 6, 1991
                                                                                                                                                          [December 13, 1989], is adopted by reference. (e) (No change.) Issued in Austin, Texas, on September 6, 1991. TRD-9110915 Leon Willhite Executive Director State Property Tax Board Effective date: September 6, 1991 Expiration date: January 4, 1992 For further information, please call: (512) 329-7802 Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part XIII. Texas Incentive and Productivity Commission Chapter 273. State Employee Incentive Program 1 TAC sec.sec.273.1, 273.7, 273.9 The Texas Incentive and Productivity Commission proposes amendments to sec.sec.273.1, 273.7, and 273.9, concerning the State Employee Incentive Program. The definition of Act was amended, and a definition of savings measurement account was added in sec.273.1. Section 273.7 was amended to give agencies directions on the transfers involved in making awards. New language was added to sec.273.9 to address suggestion equity; Section 273.9(d) provides an award eligibility period. M. Elaine Powell, Executive Director, has determined that for the first five-year period the sections are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Ms. Powell, also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that agencies will have clear instruction on how to administer the State Employee Incentive Program. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to M. Elaine Powell, Executive Director, Texas Incentive and Productivity Commission, P.O. Box 12482, Austin, Texas 78711. The amendments are proposed under Texas Civil Statutes, Article 6252-29a, (1), which authorizes the Texas Incentive and Productivity Commission to promulgate rules for the State Employee Incentive Program. sec.273.1. Definitions for the State Employee Incentive Program. The following words and terms, when used in this chapter, shall pertain only to the State Employee Incentive 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 the General Appropriations Act.
                                                                                                                                                            [Text of Conference Committee Report Senate Bill Number 222 and Governor's Veto Proclamation, 71st Legislature.] Savings Measurement Account-A cost center within an agency's budget that is established by an agency upon implementation of an approved employee suggestion and is used like an escrow account to hold protected savings revenue. sec.273.7. Agency's Role. (a)-(d) (No change.) (e) Establishment of Savings Measurement Account. Upon implementation of an approved employee suggestion, an agency shall establish a savings measurement account for that suggestion and transfer into this account the share of the protected net first-year savings/revenues attributable to the suggestion during that fiscal year. If a new fiscal year begins prior to the agency's certification of savings, at the beginning of the fiscal year the agency shall transfer into the savings measurement account the share of the protected net savings/revenues attributable to the suggestion during the new fiscal year. In the event that the certified savings/revenue amount differs from the balance in the savings measurement account, the agency shall use the procedures outlined in the General Appropriations Act. (f)
                                                                                                                                                              [(g)] Calculation and certification
                                                                                                                                                                of net savings. Upon implementation of an approved suggestion, an agency shall track savings for one year in preparation for making the certification and funds transfers described in the Incentive and Productivity Act, sec.2.002(f). The commission may certify a savings amount prior to the completion of a full implementation year if the suggestion involves
                                                                                                                                                                  [envolves] a one-time savings or if the commission finds the agency's projected savings to be based on a reasonable and reliable method. (g)
                                                                                                                                                                    [(f)] Allocation of net annual savings. Net annual savings realized from employee suggestions adopted by a state agency must be allocated by the state agency as provided in the Incentive and Productivity Act, sec.2. 002(f), the General Appropriation Act and Comptroller's Accounting Policy Statement #34.
                                                                                                                                                                      [the General Appropriations Act (Senate Bill 222, Acts of the 71st Legislature, Article I-108, Rider 2) or by Senate Bill 603, sec.2(f), Acts of the 72nd Legislature.] sec.273.9. Eligibility. (a)-(c) (No change.) (d) Award eligibility period. (1) In addition to the other criteria for payment of cash awards suggestions must be implemented by at least one state agency within the following time periods for the employee to qualify for payment of a cash award: (A) eligible suggestions: within two years after the date the commission approves the suggestion; (B) ineligible suggestions: within two years after the date the commission receives the suggestion. In these cases, the coordinator shall notify the commission and the commission may consider that suggestion for approval; (C) suggestions requiring legislative action: by the end of the third fiscal year following the fiscal year during which the commission receives the suggestion. (2) An employee may resubmit a suggestion after the expiration of the award eligibility period. Such resubmitted suggestions shall be considered as new suggestions and shall be subject to the eligibility review and evaluation processes described in sec.273.7 of this title (relating to Agency's Role) and this section. 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 5, 1991. TRD-9110919 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Earliest possible date of adoption: October 5, 1991 For further information, please call: (512) 475-2393 Chapter 275. Productivity Bonus Program 1 TAC sec.sec.275.1, 275.6, 275.13, 275.17 The Texas Incentive and Productivity Commission proposes amendments to sec.sec.275.1, 275.13, and 275.17 and new sec.275.6, concerning the Productivity Bonus Program. The definition of Act was amended, and a definition of savings measurement account was added to sec.275.1. Section 275.6 was added to describe transfers to the savings measurement account. Section 275.13 was amended to include a reference to the savings measurement account. The bonus limit in sec.275.17 was lowered to $1,000 to reflect statutory changes. M. Elaine Powell, executive director, has determined that for the first five-year period the sections are in effect there will no fiscal implications for state government. However, the Productivity Bonus Program, regardless of amendments, will result in savings in state spending. There will be no fiscal impact on local government. Ms. Powell also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that the rules will reflect recent statutory changes. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to M. Elaine Powell, Executive Director, Texas Incentive and Productivity Commission, P.O. Box 12482, Austin, Texas 78711. The sections are proposed under Texas Civil Statutes, Article 6252-29a, sec.1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for its programs. sec.275.1. Definitions for the Productivity Bonus Program.
                                                                                                                                                                        The following words and terms, when used in this chapter, 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 the General Appropriations Act.
                                                                                                                                                                          [Text of Conference Committee Report Senate Bill Number 222 and Governor's Veto Proclamation, 71st Legislature.] Savings measurement account-A cost center within an agency's budget that is established by an agency upon implementation of an approved productivity plan and is used like an escrow account to hold projected savings/revenue. sec.275.6. Establishment of a Savings Measurement Account.
                                                                                                                                                                            Upon implementation of an approved productivity plan, an agency shall establish a savings measurement account for that plan and transfer into this account the share of the protected net first-year savings/revenues attributable to the plan during that fiscal year. sec.275.13. Savings Transfer. (a) Certification. No later than August 1 of the implementation year, the executive director shall certify the amount of savings realized by the agency's or division's productivity plan to the comptroller of
                                                                                                                                                                              [for] public accounts. (b) Transfer of savings to the Productivity Bonus Account
                                                                                                                                                                                [Productivity bonus account transfer]. The comptroller of
                                                                                                                                                                                  [for] public accounts shall transfer that amount from the savings measurement account established by
                                                                                                                                                                                    [appropriation of] the state agency according to the allocations described in the General Appropriations Act.
                                                                                                                                                                                      [to the agency's or division's productivity bonus account.] (c) Savings measurement account adjustments. In the event that the certified savings/revenue amount differs from the balance in the savings measurement account, the agency shall use the procedures outlined in the General Appropriations Act. sec.275.17. Awards to Employees. (a)-(d) (No change.) (e) Bonus limit. A bonus made to any individual employee may not exceed $1,000
                                                                                                                                                                                        [$5,000]. 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 5, 1991. TRD-9111102 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 475-2393 TITLE 13. CULTURAL RESOURCES Part I. Texas State Library and Archives Commission Chapter 7. Local Records Records Retention Schedules 13 TAC sec.sec.7.121-7.127 The Texas State Library and Archives Commission proposes new sec.sec.7. 121-7.127, concerning establishing standards for the creation, approval, and distribution of records retention schedules for local government records; amending the county records manual; and adopting by reference the county records manual as amended and schedules for records common to all local governments, records of municipal and justice courts, records of property taxation, and records of elections and voter registration. Marilyn von Kohl, local records division director, has determined that there will be fiscal implications as a result of enforcing or administering the sections. The effect on state government for the first five-year period the sections are in effect will be an estimated increase in revenue of $16,308 for fiscal years 1992-1996. The effect on local government for the first five-year period the sections are in effect will be an estimated reduction in cost of: $13,858,077 in 1992; $14,550,980 in 1993; $15,278,529 in 1994; $16,042,455 in 1995; and $16, 844,577 in 1996. The cost of compliance for small businesses and the cost of compliance for the largest businesses affected by the sections will be the same (i.e., none), based on the cost per employee, cost of labor per hour, or cost per $100 of sales. Ms. von Kohl also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that local governments will be able to meet the requirements of the Local Government Code, sec.203.041 and sec.203.042, which require that records control schedules be adopted which conform to records retention schedules issued by the commission. The information included in the scheduled records documents citizens' interests in property title; vital statistics; court proceedings; payment of taxes and similarly important matters. If such records are destroyed while they still have fiscal, legal, historical, and administrative value, then the public's rights to access public information contained in them are effectively denied. Use of the proposed records retention schedules will ensure that public records maintained in local government offices are preserved for as long as the public has need of them. Application of the schedules will further benefit the public through avoidance of storage and personnel costs associated with maintaining records after they have ceased to have value. 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 Michael Heskett, Publications Coordinator, Local Records Division, Texas State Library, Box 12927, Austin, Texas 78711-2927. The new sections are proposed under the Government Code ssec.441. 158-441.160 and the Local Government Code, sec.202.001(b)(2). The Government Code, sec.441.158(a), requires the Texas State Library and Archives Commission to prepare and distribute records retention schedules for local government records and to adopt the schedules by rule. The Government Code, sec.441.159 and sec.441. 160, permit the commission to adopt rules amending the county records manual, whose retention periods for county records were validated and continued in effect by the Local Government Code, sec.441.159. The Local Government Code, sec.202.001(b)(2), permits the commission to exempt by rule certain records from records destruction procedures established by statute. sec.7.121. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this undesignated head shall have the meanings defined in the Local Government Code, sec.201.003, or the Government Code, sec.441.151. County records manual-The Texas County Records Manual, including all editions unless a particular edition is specified, published by the Texas State Library and Archives Commission. Records retention schedule-A document issued by the Texas State Library and Archives Commission under authority of the Government Code, sec.441.158, establishing mandatory retention periods for local government records. Records management officer-The person identified under the Local Government Code, sec.203.001, or designated under the Local Government Code, sec.203.025, as the records management officer. sec.7.122. Applicability and Scope. These sections apply to records and record data of all local government offices maintaining records of the types named in each records retention schedule, regardless of the media in which the records or record data are maintained, except where a records retention schedule states that it applies only to records or record data maintained in specified media. sec.7.123. General. (a) The following purposes of this undesignated head are to: (1) implement the Government Code, sec.441.158; and (2) provide procedures for the development of records retention schedules which ensure participation by the public, local officials, and state agencies having regulatory authority over local government recordkeeping. (b) The records retention schedules adopted in sec.7.125 of this title (relating to Adoption of Records Retention Schedules by Reference) and the county records manual adopted in sec.7.126 of this title (relating to Adoption of County Records Manual by Reference) shall be considered minimum requirements and shall in no way affect the authority of the governing bodies of local governments or of elected county officials to establish longer periods of time for which records of their government or office are to be retained. (c) Local governments and elected county officials may destroy the following records without first filing records destruction requests with the director and librarian: (1) any record whose retention period in a records retention schedule or the county records manual is AV (as long as administratively valuable); (2) any record whose retention period in a records retention schedule or the county records manual is one year or less; (3) any record whose retention period in a records retention schedule or the county records manual is US (until superseded), unless an additional period exceeding one year is prescribed beyond supersession; (4) any record listed in Local Schedule EL, as adopted under sec.7.125 of this title (relating to Adoption of Records Retention Schedules by Reference), whose retention period is RP-1 (general, special, and primary elections that do not involve a federal office-60 days after election day) or RP-2 (general, special, and primary elections that do involve a federal office-22 months after election day); (5) any record listed as exempt from the destruction request requirement in a records retention schedule or the county records manual. (e) Where different retention periods are prescribed for a record in a records retention schedule, the county records manual, or an amendment to a schedule or the manual, and for the same record in a state law, state rule of court, or state regulation, the retention period having the later effective date shall prevail. (f) A retention period for a local government record prescribed in a federal law, federal rule of court, or federal regulation shall prevail over a retention period for the same record prescribed in a records retention schedule, the county records manual, or an amendment to a schedule or the manual only if it is longer than that prescribed in the schedule or the manual, unless the law, rule of court or regulation directs that a local government record shall be destroyed at the expiration of a shorter retention period. sec.7.124. Procedures. The following general procedures will be followed by Texas State Library staff in developing original and amended records retention schedules. (1) Research. (A) An attempt will be made to identify all relevant federal and state statutes, administrative rules, and rules of court affecting the length of time for which each type of record maintained by a local government office should be retained in order to satisfy legal, fiscal, and administrative requirements of the local office, the State of Texas, and individual citizens of the state. (B) Retention periods established by other states for similar categories of local government records will be reviewed to determine generally accepted standards. (C) Representative officials maintaining records of the types to be governed by each schedule will be consulted to determine as much as possible a consensus opinion as to appropriate retention periods for those records. (D) Other state agencies having regulatory or supervisory authority over records of the types in each schedule will be consulted to establish, if possible, mutually satisfactory retention periods for those records. (E) Historians, attorneys, genealogists, and other members of the public who may have particular interest in the research use of records in a schedule will be consulted as to the potential permanent research value and likely frequency of research use of such records. (2) Drafting and review. (A) Following research and consultation as required in paragraph (1)(A)-(E) of this section, a preliminary draft of each schedule will be prepared and submitted to a representative sample of officials in each type of office affected, and to any other officials who ask to receive review copies, and to state agencies having regulatory or supervisory authority over local government records of the types in the schedule, for review and comment. (B) After its adoption, each schedule will be reviewed annually for needed revisions, and such revisions will be developed through the same process as the original schedules. (3) Distribution. (A) The Texas State Library will provide one free copy of each schedule to the records management officer of each government of a type to which the schedule is applicable, who has filed with the Texas State Library the notice of appointment and ordinance or order required by the Local Government Code, sec.203.025 and sec.203.026. (B) The Texas State Library will provide one free copy of each schedule to elected county officials whose offices are of a type to which the schedule is applicable and who have filed a written plan as required by the Local Government Code, sec.203.005. (C) The Texas State Library will notify each records management officer or elected county official, who has been provided a free copy of a schedule, of amendments to retention periods, procedural requirements, or cited authority for a retention period in the schedule. Notice will not be provided of amendments which are only editorial in nature. (D) The Texas State Library will refer other local government officials and staff requesting copies of schedules to the records management officers for their governments. sec.7.125. Adoption of Records Retention Schedules by Reference. The following records retention schedules, required to be adopted by rule under the Local Government Code, sec.441.158(a), are adopted by reference. Copies of the proposed schedules are available from the Local Records Division, Texas State Library, Box 12927, Austin, Texas 78711-2927; (512) 463-5478: (1) Local Schedule GR: Records Common to All Local Governments; (2) Local Schedule LC: Records of Justice and Municipal Courts; (3) Local Schedule TX: Records of Property Appraisal and the Assessment and Collection of Property Taxes; (4) Local Schedule EL: Records of Election and Voter Registration. sec.7.126. Adoption of County Records Manual by Reference. (a) Pursuant to the Government Code, sec.441.159, which validated and continued in effect retention periods in the county records manual, the following editions of the county records manual, as amended in sec.7.127 of this title (relating to Amendments to Records Retention Schedules and the County Records Manual), are adopted by reference. The manual may be inspected in the offices of the Local Records Division, Room 402 of the Texas State Library, 1201 Brazos, Austin, during normal business hours: (1) Texas County Records Manual (Revised Edition, Volume 1, 1987, including amendments of February 1988); (2) Texas County Records Manual (Revised Edition, Volume 2, 1989). (b) Because sec.7.127(b) and (d) of this title (relating to Amendments to Records Retention Schedules and the County Records Manual) amend by deletion all retention periods continued in effect by the Government Code, sec.441.159, in the Texas County Records Manual (First Edition, 1978) and the Texas County Records Manual (Revised Edition, Volume 2, Section 3, 1988), these editions are without effect. sec.7.127. Amendments to Records Retention Schedules and the County Records Manual. (a) An amendment to a retention period in a records retention schedule adopted under sec.7.125 of this title (relating to Adoption of Records Retention Schedules by Reference) or in the county records manual adopted under sec.7.126 of this title (relating to Adoption of County Records Manual by Reference) does not affect any caution statement associated with the retention period unless otherwise indicated in this section. (b) The records descriptions and retention periods for records listed on pages B21 (personnel records only); B22 (purchasing agent files only); B99 (personnel records only); B116 (federal withholding records only); B117 (social security payments record only); B169 (personnel records only); B205 (personnel records only); B207-B250; B255-B261; B265-B267; B269-B273; B279; B285; and Auditor 1-Auditor 14 of the first edition of the county records manual are deleted. (c) The records descriptions and retention periods for records listed in Volume 1 of the county records manual are amended as follows. (1) The retention period for Item Number 1000-04 (Photographs and Recordings) is changed to: "Permanent. Caution: Most photographs and other nontextual media of the types described must be retained permanently for historical reasons; but latitude is allowed to the records management officer in an elective county office to determine to what extent a particular photograph, for example, documents the history and activities of the office or the county. If it is determined that it does not, it need be kept only as long as administratively valuable. Be certain that photographs and other nontextual media do not fall within other records series." (2) Section (b) of the retention period for Item Number 1000-05 (Policy and Procedures Files) is changed to: "Type II-five years after superseded." (3) The records descriptions and retention periods for the following records listed in Volume 1 of the county records manual are deleted: Item Numbers 1000-06 (Scrapbooks); 1150-01 (Applications and Petitions for Place on Ballot); 1150-02 (Certifications of Candidates); 1150-03 (Declarations of Intent to Run as Independent Candidate); 1150-04 (Declarations of Write-Candidacy); 1150-05 (Election Minutes); 1150-06 (Election Notices); 1150-07 (Election Orders and Proclamations); 1150-08 (Election Return Record); 1150-09 (Notices of Precinct Boundary Changes); 1150-10 (Orders of Appointment of Election Judges; 1150-11 (Poll Tax Exemption Certificates); 1150-12 (Poll Tax Receipts); 1150-13 (Lists of Qualified Voters); 1150-14 (Lists of Recommended Election Judges); 1350-01 (Absentee Voting Records); 1350-02 (Annual Reports of Unexpended Contributions); 1350-03 (Applications for Local Option Election Petitions); 1350-04 (Campaign Contribution and Expenditure Statements); 1350-05 (Certifications of Candidates); 1350-06 (County Election Returns); 1350-07 (Designations of Campaign Treasurers; 1350-08 (Federal Postcard Applications); 1350-09 (New Resident Registration Records); 1350-10 (Lists and Certifications of Party Candidates in Primary Elections); 1350-11 (Notices of Persons Elected as Party Officers); 1350-12 (Poll Lists); 1350-13 (Precinct Absentee Lists); 1350-14 (Precinct Convention Records); 1350-15 (Precinct Election Records); 1350-16 (Recount Committee Reports of Recount); 1350-17 (Recount Records); 1350-18 (Recount Supervisors' Reports); 1350-19 (Lists of Registered Voters); 1350-20 (Reports of Fraud in Constitutional Amendment Elections); 1350-21 (Statements of Compensation); 1350-22 (Withdrawal of Candidacy Requests); 1525-11 (Notices of Intent to Dispose of Public Records); 1850-08 (Notices of Intent to Dispose of Public Records); and 2000-04 (Notices of Intent to Dispose of Public Records). (4) The retention period for Item Number 1100-07 (Commissioners Court Petitions) is changed to: "two years after consideration of the petition by the court." (5) The retention periods for Item Numbers 1125-02 (Annual Fee Reports); 1125-20 (Monthly Expense Reports); 1125-21 (Prisoner Expense Reports); 1125-23 (Reports of Collections); 112 5-2 4 ( Treasurer's Monthly Reports ); 112 5- 2 5 (Treasurer's Quarterly Reports) and section (a) of the retention period for Item Number 1125-05 (Auditor's Reports) are changed to: "three years from the end of the fiscal year to which the report relates." (6) The retention period for Item Number 1125-06 (Banking Records) is changed to "five years from the end of the fiscal year to which the records relate." (7) The retention period for Item Number 1125-07 (Bid Records) is changed to: "(a) Successful bids and requests for proposals, including invitations to bid, bid bonds and affidavits, bid sheets, and similar supporting documentation-three years after end of fiscal year of award. (b) Unsuccessful bids-two years. (c) Informal bid records, such as requests for quotations and estimates, for the procurement of goods or services for which state law or county policy does not require the formal letting of bids-one year." (8) Section (b) of the retention period for Item Number 1125-08 (Bond Registers) and the retention periods for Item Numbers 1125-22 (Public Hospital Bond Record); 1175-08 (Road District Bond Record); 1200-10 (Bond Record) and 1900-07 (Bond Registers) are changed to: "Permanent." (9) Section (a) of the retention period for Item Number 1125-10 (Claims) is changed to: "three years from the end of the fiscal year of date of payment." (10) The retention periods for Item Numbers 1125-12 (Contracts, Leases, and Agreements) and 1125-14 (County Depository Pledge Contracts) are changed to: "four years after the expiration or termination of the agreement according to its terms." (11) Section (a) of the retention period for Item Number 1125-15 (Deposit Warrants) is changed to: "three years from the end of the fiscal year to which the warrant relates." (12) The retention period for Item Number 1175-02 (Highway Fund Annual Reports) is changed to: "Permanent." (13) The retention periods for Item Numbers 1200-12 (Construction Contracts); 1200-22 (Construction Contracts); 1200-43 (Construction Contracts); 1200-49 (Construction Contracts); and 1200-69 (Construction Contracts) are changed to: "Permanent." (14) The retention period for Item Number 1200-13 (Dissolution Tax Receipts) is changed to: "three years from end of the fiscal year of payment." (15) The retention periods for Item Numbers 1225-05 (County Building Authority Quarterly Reports) and 1225-31 (Tuberculosis Control Board Quarterly Reports) and section (a) of the retention period for Item Number 1225-14 (Hospital Board or District Reports) are changed to: "three years from the end of the fiscal year to which the report relates." (16) The retention period for Item Number 1225-15 (Insurance Policies on County Property) is changed to: "four years after expiration or termination of the policy according to its terms." (17) The retention period for Item Number 1225-16 (Inventories of County Property) is changed to: "(a) Capital asset equipment or property inventories (including sequential number property logs)-three years after superseded. (b) Inventory records (parts and supplies)-one year." (18) Sections (b) and (c) of the retention period for Item Number 1225-23 (Public Works Project Records) are changed to: "Permanent." (19) The retention periods for Item Numbers 1250-03 (Cash Receipts); 1250-05 (Daily Cash Book or Reports); 1250-06 (Deposit Warrants); 1525-04 (Cash Receipts); 1525-05 (Daily Cash Book or Reports); sections (a)(2) and (b) of 1800-01 (Cash Receipts); 1800-05 (Fee Sheets); 1850-02 (Cash Receipts); 1850-03 (Daily Cash Book or Reports); and 1850-04 (Deposit Warrants) and section (b) of the retention period for Item Number 1125-15 (Deposit Warrants) are changed to: "three years from the end of the fiscal year to which the records relate." (20) The retention periods for Item Numbers 1250-07 (Fee Book; 1525-06 (Fee Book); 1800-04 (Fee Book); and 1850-05 (Fee Book) are changed to: "five years from the end of the fiscal year to which the record relates." (21) The retention period for Item Number 1325-18 (Reports of Death) is changed to: "Until receipt of death certificate." (22) The records descriptions and retention periods for Item Numbers 1525-15 (Records Schedules and Implementation Plans) and 1850-10 (Records Schedules and Implementation Plans) are changed to: "Records Management Records. (a) Records control schedules (including all successive versions of or amendments to schedules). Permanent. (b) Records destruction documentation-Records documenting the destruction of records under records control schedules, including requests submitted to the Texas State Library and Archives Commission for authorization to destroy unscheduled records or the originals of permanent records that have been microfilmed. Permanent. (c) Records inventories-Lists or inventories of the active and inactive records created or received by a county office. As long as administratively valuable. (d) Records management plans and policy documents-Plans and similar documents establishing the policies and procedures under which a records management program operates. Five years after superseded. (23) The retention periods for Item Numbers 1575-04 (Civil Docket); 1575-05 (Civil File Docket, Type IV only); 1575-08 (Jury Docket); 1625-03 (Community Property Docket); 1625-06 (Guardians' Docket); 1625-12 (Probate Docket); 1625-13 (Probate File Docket, Type IV only); 1625-18 (Small Estates Docket); 1625-20 (Vital Statistics Docket); 1650-04 (County Court Docket); 1650-05 (County Court Docket, Type IV only); 1650-10 (Scire Facias Docket); 1725-02 (Alcoholism Docket); 1725-12 (Mental Illness Docket); 1725-15 (Mental Retardation Docket); and 1725-18 (Narcotics Addiction Docket) are changed to: "Permanent." (24) The retention period for Item Number 1600-04 (Criminal Case Papers) is changed to: "(a) DWI and DUID cases-five years after dismissal or acquittal or 10 years after conviction, as applicable. (b) All other cases-five years after final judgment rendered or proceedings otherwise terminated in the case, except: (1) Warrants, capiases, summonses, subpoenas, witness attachments, and returns-four years after final judgment rendered or proceedings otherwise terminated. (2) Bail, personal, appeal, peace, cost, and other surety bonds, or certificates of deposit or affidavits in lieu thereof-three years after final judgment rendered or proceedings otherwise terminated in the case. (3) Bills of cost-four years after paid or waived. (4) Judgments and docket sheets-20 years if they meet the criteria of category 2 under Fingerprints on p. 183." (25) Section (b) of the retention periods for Item Numbers 1600-06 (Criminal File Docket) and 1650-05 (County Court Criminal File Docket) are changed to: "Type II file dockets-five years from the end of the fiscal year in which all fees and costs listed in the volume have been paid or waived." (26) The retention period for Item Number 1800-02 (Cost Deposit Record) is changed to: "five years after last entry." (27) The retention period for Item Number 1800-07 (Statistical Reports to Texas Judicial Council) is changed to: "three years." (d) The records descriptions and retention periods for the following records listed in Volume 2, Section 3 of the county records manual as separately published in 1988 are deleted: Item Numbers 1000-01 (Budget Requests and Working Papers); 1000-02 (Correspondence); 1000-03 (News Releases); 1000-04 (Photographs and Recordings); 1000-05 (Policy and Procedure Files); 1000-06 (Scrapbooks); 2350-01 (Administrative Hearing Case Papers); 2350-02 (Administrative Hearing Docket); 2350-03 (Civil Case Papers); 2350-04 (Civil Docket); 2375-01 (Small Claims Case Papers); 2375-02 (Small Claims Docket); 2400-01 (Bail Bond Record); 2400-02 (Criminal Case Papers; 2400-03 (Criminal Docket); 2400-04 (Examining Trial Case Papers); 2400-05 (Examining Trial Docket); 2400-06 (Reports of Record of Motor Carrier Convictions); 2400-07 (Traffic Conviction Abstracts); 2400-08 (Witness Record); 2425-01 (Appeal or Transfer Record); 2425-02 (Civil and Criminal Docket) ; 2425-03 (Execution Docket); 2425-04 (Jury Certificates); 2425-05 (Jury Time Book); 2425-06 (Process Registers); 2425-07 (Statistical Reports to Texas Judicial Council); 2450-01 (Cremation Permits); 2450-02 (Reports of Deaths Resulting from Traffic Accidents); 2450-03 (Fire Inquest Case Papers); 2450-04 Fire Inquest Record); 2450-05 (Inquest Case Papers); 2450-06 (Inquest Record); 2475-01 (Birth and Death Record); 2475-02 (Birth Certificates); 2475-03 (Birth Record); 2475-04 (Burial Transit Permit Records); 2475-05 (Death Certificates); 2475-06 (Death Certificates of Persons under 55); 2475-07 (Death Record); 2475-08 (Disinterment Permits); 2475-09 (Applications for Disinterment Permits); 2475-10 (Marriage Register); 2475-11 (Reports of Death); 2500-01 (Acknowledgment Record); 2500-02 (Annual Fee Reports); 2500-02a (Applications for Deputies); 2500-03 (Banking Records); 2500-04 (Cash Receipts); 2500-05 (Cost Deposit Record) ; 2500-05a (Reports to County Auditor); 2500-06 (Daily Cash Book or Reports); 2500-07 (Deposit Warrants); 2500-08 (Fee Book); 2500-09 (Legal Opinions); 2500-10 (Monthly Expense Reports); 2500-11 (Notices of Intent to Dispose of Public Records); 2500-12 (Open Records Applications); 2500-13 (Records Schedules and Implementation Plans); and 2500-14 (Reports of Collections). (e) The records descriptions and retention periods for records listed in Volume 2 of the county records manual are amended as follows: (1) The retention period for Item Number 1000-04 (Photographs and Recordings) is changed to: "Permanent. Caution: Most photographs and other nontextual media of the types described must be retained permanently for historical reasons, but latitude is allowed to the records management officer in an elective county office to determine to what extent a particular photograph, for example, documents the history and activities of the office or the county. If it is determined that it does not, it need be kept only as long as administratively valuable. Be certain that photographs and other nontextual media do not fall within other records series." (2) Section (b) of the retention period for Item Number 1000-05 (Policy and Procedures Files) is changed to: "Type II-five years after superseded." (3) The records descriptions and retention periods for the following records listed in Volume 2 of the county records manual are deleted: Item Numbers 1000-06 (Scrapbooks); 2275-23 (Notices of Intent to Dispose of Public Records); 2325-02 (Election Box Stub Certificates); retention period (a) only of 2325-08 (Lists of Registered Voters); 2350-01 (Administrative Hearing Case Papers); 2350-02 (Administrative Hearing Docket); 2350-03 (Civil Case Papers); 2350-04 (Civil Docket); 2375-01 (Small Claims Case Papers); 2375-02 (Small Claims Docket); 2400-01 (Bail Bond Record); 2400-02 (Criminal Case Papers; 2400-03 (Criminal Docket); 2400-04 (Examining Trial Case Papers); 2400-05 (Examining Trial Docket); 2400-06 (Reports of Record of Motor Carrier Convictions); 2400-07 (Traffic Conviction Abstracts); 2400-08 (Witness Record); 2425-01 (Appeal or Transfer Record); 2425-02 (Civil and Criminal Docket); 2425-03 (Execution Docket); 2425-04 (Jury Certificates); 2425-05 (Jury Time Book) ; 2425-06 (Process Registers); 2425-07 (Statistical Reports to Texas Judicial Council); 2450-01 (Cremation Permits); 2450-02 (Reports of Deaths Resulting from Traffic Accidents); 2450-03 (Fire Inquest Case Papers); 2450-04 Fire Inquest Record); 2450-05 (Inquest Case Papers); 2450-06 (Inquest Record); 2475-01 (Birth and Death Record); 2475-02 (Birth Certificates); 2475-03 (Birth Record); 2475-04 (Burial Transit Permit Records); 2475-05 (Death Certificates); 2475-06 (Death Certificates of Persons under 55); 2475-07 (Death Record); 2475-08 (Disinterment Permits); 2475-09 (Applications for Disinterment Permits); 2475-10 (Marriage Register); 2475-11 (Reports of Death); 2500-01 (Acknowledgment Record); 2500-02 (Annual Fee Reports); 2500-02a (Applications for Deputies); 2500-03 (Banking Records); 2500-04 (Cash Receipts); 2500-05 (Cost Deposit Record); 2500-05a (Reports to County Auditor); 2500-06 (Daily Cash Book or Reports); 2500-07 (Deposit Warrants); 2500-08 (Fee Book); 2500-09 (Legal Opinions); 2500-10 (Monthly Expense Reports); 2500-11 (Notices of Intent to Dispose of Public Records); 2500-12 (Open Records Applications); 2500-13 (Records Schedules and Implementation Plans); 2500-14 (Reports of Collections); 2550-13 (Notices of Intent to Dispose of Public Records); 2600-14 (Notices of Intent to Dispose of Public Records); 2750-07 (Notices of Intent to Dispose of Public Records); 2800-12 (Notices of Intent to Dispose of Public Records); 2875-11 (Notices of Intent to Dispose of Public Records); and 2925-08 (Notices of Intent to Dispose of Public Records). (4) The retention periods for Item Numbers 2025-04 (Civil Docket); 2025-05 (Civil File Docket, Type IV only); 2025-08 (Jury Docket); 2050-03 (Delinquent Tax Docket); 2075-02 (Adoption Docket); 2075-06 (Child Support Docket); 2075-11 (Divorce Docket); 2075-16 (Neglected Children Docket); 2150-05 (District Court Docket); 2150-06 (District Court File Docket, Type IV only); and 2150-11 (Scire Facias Docket) are changed to: "Permanent." (5) Section (a) of the exempt documents section of the retention period for Item Number 2125-05 (Criminal Case Papers) is changed to: "Warrants, capiases (except pro fine), summonses, subpoenas, subpoena applications, witness attachments, and returns-four years after final judgment rendered or proceedings otherwise terminated in the case." (6) Section (b) of the exempt documents section of the retention period for Item Number 2125-05 (Criminal Case Papers) is changed to: "Bills of cost and capias pro fine-four years after paid or waived." (7) Section (b) of the retention periods for Item Numbers 2125-07 (Criminal File Docket) and 2150-06 (District Court File Docket) are changed to: "Type II file dockets-five years from the end of the fiscal year in which all fees and costs listed in the volume have been paid or waived." (8) The retention period for Item Number 2125-10 (Expunged Criminal Records) is changed to: "(a)Expunged records arising from arrests for offenses committed on or before August 31, 1989-one year from date of issuance of order of expunction. (b) Expunged records arising from arrests for offenses committed on or after September 1, 1989 that are not given to the petitioner-Must be destroyed on the first anniversary of the date the order of expunction is issued. (By law, Texas Code of Criminal Procedure, sec.55.02(d))". (9) The retention for Item Number 2175-14 (Statistical Reports to Texas Judicial Council) is changed to: "three years." (10) The retention periods for Item Numbers 2275-05 (Banking Records); 2550-05 (Banking Records); 2600-05 (Banking Records); 2725-02 (Banking Records); 2800-03 (Banking Records); 2875-03 (Banking Records); and 2925-01 (Banking Records) are changed to: "five years from the end of the fiscal year to which the records relate." (11) Sections (a)(2) and (b) of items numbers 2275-06 (Cash Receipts); 2550-06 (Cash Receipts); 2600-06 (Cash Receipts); 2725-03 (Cash Receipts); and 2800-04 (Cash Receipts) are changed to: "three years from the end of the fiscal year to which the records relate." (12) The retention periods for Items 2275-07 (Child Support Payment Ledger) and 2275-09 (Cost Deposit Record) are changed to: "five years after last entry." (13) The retention periods for Item Numbers 2275-11 (Court Reporter Expense Statements); 2275-12 (Daily Cash Book or Reports) ; 2275-14 (Deposit Warrants); 2275-16 (Fee Sheets); 2550-08 (Daily Cash Book or Reports); 2550-09 (Deposit Warrants); 2600-08 (Daily Cash Book or Reports); 2600-09 (Deposit Warrants); 2700-03 (Dockets); 2725-05 (Daily Cash Book or Reports); 2725-06 (Deposit Warrants); 2725-07 (Expense Account Journals or Reports); 2775-05 (Dockets); 2800-06 (Daily Cash Book or Reports); 2800-07 (Deposit Warrants); 2875-04 (Cash Receipts); 2875-06 (Daily Cash Book or Reports) ; and 2875-07 (Deposit Warrants) are changed to: "three years from the end of the fiscal year to which the records relate." (14) The retention periods for Item Numbers 2275-15 (Fee Book); 2550-10 (Fee Book); 2600-11 (Fee Book); 2725-08 (Fee Book); 2800-08 (Fee Book); and 2875-08 (Fee Book) are changed to read: "five years from the end of the fiscal year to which the record relates." (15) The records descriptions and retention periods for Item Numbers 2275-26 (Records Schedules and Implementation Plans); 2550-15 (Records Schedules and Implementation Plans); 2600-16 (Records Schedules and Implementation Plans); 2750-09 (Records Schedules and Implementation Plans); 2800-14 (Records Schedules and Implementation Plans); 2875-13 (Records Schedules and Implementation Plans) and 2925-10 (Records Schedules and Implementation Plans) are changed to: "Records Management Records. (a) Records control schedules (including all successive versions of or amendments to schedules). Permanent. (b) Records destruction documentation-Records documenting the destruction of records under records control schedules, including requests submitted to the Texas State Library and Archives Commission for authorization to destroy unscheduled records or the originals of permanent records that have been microfilmed. Permanent. (c) Records inventories-Lists or inventories of the active and inactive records created or received by a county office. As long as administratively valuable. (d) Records management plans and policy documents-Plans and similar documents establishing the policies and procedures under which a records management program operates. Five years after superseded. (16) The retention periods for Item Numbers 2550-11 (Hot Check Fund Ledger); 2600-11 (Drug Forfeiture Fund Ledger); 2600-12 (Hot Check Fund Ledger); and 2725-13 (Work Release Salary Fund Ledger) are changed to: "10 years from the end of the fiscal year of last entry in ledger." (17) The retention periods for Item Numbers 2650-28 (Work Schedules) and 2825-08 (Work Schedules) are changed to: "one year." 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-9110871 Raymond Hitt Assistant State Librarian Texas State Library and Archives Commission Earliest possible date of adoption: December 4, 1991 For further information, please call: (512) 463-5440 TITLE 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 68. Elimination of Architectural Barriers 16 TAC sec.sec.68.1, 68.10, 68.62, 68.80 (Editor's Note: The Texas Department of Licensing and Regulation 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 Texas Department of Licensing and Regulation proposes new sec.sec.68.1, 68. 10, 69.62, and 68.80, concerning the transfer of the Architectural Barriers Program from State Purchasing and General Services Commission to the Texas Department of Licensing and Regulation. Section 68.10 provides definitions, sec.68.62 provides for an eight member Advisory Committee appointed by the commission, sec.68.80 authorizes the commission to set and collect fees for functions performed by the department. Local governments will be required to pay fees associated with buildings they own. Meryl Vaughan, administrative assistant boiler program, has determined that there will be fiscal implications as a result of enforcing or administering the sections. The effect on state government for the first five-year period the sections are in effect will be an estimated increase in revenue of $610,750 for fiscal year 1992 and $490,750 for fiscal years 1993-1996. The fiscal impact for local government cannot be determined at this time Ms. Vaughan 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 accessibility in compliance with the Americans With Disabilities Act. This Act concerns only those buildings built with public funds (Second House Bill 39 sec.2 Part 4-72nd Legislative Session), therefore there is no effect on small businesses. There is no anticipated economic cost to perssons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Elvis Schulze, General Counsel, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, (512) 463-3127. The new sections are proposed under Texas Civil Statutes, Articles, 9102 and 9100, which provide the Texas Department of Licensing and Regulation with the authority to administer and enforce the Architectural Barriers 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 September 5, 1991. TRD-9110889 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 463-3127 Chapter 69. Manufactured Housing Fee Structure 16 TAC sec.69.38 The Texas Department of Licensing and Regulation proposes an amendment to sec.69.38, concerning educational fee. The amendment allows a manufacturer to request training be performed at his or her facility in lieu of attending the course of instruction in the law and consumer protection regulations for registration applicants. Jimmy G. Martin, director of programs, Manufactured Housing/Industrialized Housing and Buildings, 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. Martin also has determined that for each year of the first five years the section is are in effect the public benefit anticipated as a result of enforcing the section will be that manufacturers will receive more individualized training in the law and consumer protection regulations. 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 Jimmy G. Martin, Director of Programs, Manufactured Housing/Industrialized Housing and Buildings, P.O. Box 12157, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 5221f, which provide the commissioner of the Texas Department of Licensing and Regulation with the authority to adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available. sec.69.38. Educational Fee.
                                                                                                                                                                                          Each attendee at the course of instruction in the law and consumer protection regulations for registration applicants shall be assessed a fee of $125. If a manufacturer requests the training be performed at his or her facility, the manufacturer shall reimburse the department for the actual costs of the training session (educational fee plus actual cost of travel). 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 6, 1991. TRD-9110963 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 463-3127 General Requirements 16 TAC sec.69.125 The Texas Department of Licensing and Regulation proposes an amendment to sec.69.125, concerning registration requirements. The amendment allows a manufacturer to request a one-day in-plant training session in lieu of completing the instruction requirement for registration. Jimmy G. Martin, director of programs, Manufactured Housing/Industrialized Housing and Buildings, 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. Martin 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 manufacturers will receive more individualized training in the law on consumer protection regulations. 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 Jimmy G. Martin, Manufactured Housing/Industrialized Housing and Buildings, P.O. Box 12157, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 5221f, which provide the commissioner of the Texas Department of Licensing and Regulation with the authority to adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available. sec.69.125. Registration Requirements. (a)-(i) (No change.) (j) Education requirements. Effective September 1, 1987, all applicants for registration shall attend and complete 20 hours of education instruction as required by the Texas Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221f, and the rules and regulations of the department. A manufacturer may request a one-day in-plant training session be presented by the department in lieu of completing the instruction requirement.
                                                                                                                                                                                            The registration will not be issued until the owner, partner, corporate officer, or other person who will personally have the day-to-day management responsibility for the business location, or the salesperson to be registered, attends and completes this education requirement. This section shall not apply to the renewal of registrations, nor to the registration of additional business locations. (k)-(l) (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 6, 1991. TRD-9110964 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 463-3127 Consumer Notice of Requirements 16 TAC sec.69.186 The Texas Department of Licensing and Regulation proposes an amendment to sec.69.186, concerning posting used homes. The amendment allows a registered retailer to sell a used manufactured home which is not or may not be habitable to or with governmental housing agencies or authorities or to nonprofit organizations providing housing for the homeless. Jimmy G. Martin, director of programs, Manufactured Housing/Industrialized Housing and Buildings, 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. Martin also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to help provide low cost housing for the homeless. 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 Jimmy G. Martin, Director of Programs, Manufactured Housing/Industrialized Housing and Buildings, P.O. Box 12157, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 5221f, which provide the commissioner of the Texas Department of Licensing and Regulation with the authority to adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available. sec.69.186. Posting used Homes. (a)-(b) (No change.) (c) The commissioner may authorize a registered retailing to sell or exchange a used manufactured home which is not or may not be habitable to governmental agencies or authorities or to nonprofit organizations providing housing for the homeless. The following criteria shall be met prior to approval being given to sell the home. (1) The purchaser or transferee must certify that he or she has received a written notice that the home is not or may not be habitable. (2) The retailer must complete and sign department form (TDLR-MH-7086) "Notice That Home May or May Not Be Habitable." (3) The purchaser must also sign the form and forward it and the following information to the commissioner: (A) name of the agency/authority/nonprofit organization, address, and phone number; (B) IRS TAX number(s) if a nonprofit organization; (C) where the home is to be sited; (D) who will occupy the home; and (E) who will perform the repair. 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 6, 1991. TRD-9110965 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 463-3127 16 TAC sec.69.208 The Texas Department of Licensing and Regulation proposes an amendment to sec.69.208, concerning recording tax lien on manufactured homes. The amendment requires collectors for taxing units to file any lien for taxes for the prior calendar year by September 1 and extinguishes any lien not received and recorded by the department by the September 1 deadline. Jimmy G. Martin, director of programs, Manufactured Housing/Industrialized Housing and Buildings, 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. Martin 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 assurance that the local taxing authority collects the taxes due on a manufactured home prior to the title being transferred. 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 Jimmy G. Martin, Director of Programs Manufactured Housing/Industrialized Housing and Buildings, P.O. Box 12157, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 5221f, which provide the commissioner of the Texas Department of Licensing and Regulation with the authority to adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available. sec.69.208. Recording Tax Lien on Manufactured Homes. (a)-(c) (No change.) (d) The collector may simultaneously file notice of tax liens of all the taxing units served by the collector. However, notice of any lien for taxes for the prior calendar year must be filed with the department prior to September 1
                                                                                                                                                                                              [May 1] of the following year. Any lien for which the notice is not received and recorded by the department by the September 1 deadline is extinguished and is not enforceable
                                                                                                                                                                                                [Any lien for which the notice is not filed by such date is extinguished and is not enforceable]. (e)-(l) (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 6, 1991. TRD-9110966 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 463-3127 Chapter 70. Industrialized Housing and Buildings 16 TAC sec.70.70 sec.70.100 The commissioner of the Texas Department of Licensing and Regulation proposes amendments to sec.70.70 and sec.70.100, concerning responsibilities of registrants-manufacturer's design package and mandatory state codes. The amendments to the rules provide guidelines for constituents during the transition of the adoption of new editions of the mandatory codes and adoption of new edition of mandatory state codes. Jimmy G. Martin, director of programs, 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. Martin 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 manufacturers building to the most current code. 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 Jimmy G. Martin, Director of Programs, P.O. Box 12157, Austin, Texas 78711. The amendments are proposed under Texas Civil Statutes, Article, 5221f-1 and Article 9100 the commissioner of the Texas Department which provides of Licensing and Regulation with the authority to adopt rules of practice setting forth the nature and the requirements of all formal and informal procedures available. sec.70.70. Responsibilities of the Registrants-Manufacturer's Design Package. (a) Review and approval. The manufacturer's design package must be reviewed and approved in accordance with the following. (1)-(4) (No change.) (5) Upon adoption of a new edition of the Uniform Building Code and the Standard Building Code in sec.70.100 of this title (relating to Mandatory State Codes), approvals dated before the effective date of the adoption are no longer valid for industrialized housing, buildings, modules, and modular components constructed after the effective date of adoption. Manufacturers will be notified of the change in code editions 180 days before the effective date of the change. Manufacturers who wish to continue building to previously approved documents must resubmit these documents to their DRA for review and approval to the new code editions. Approval of these documents will be evidenced by application of a new approval date and the council's stamp of approval to each document. The manufacturer may make the transition from current code edition to new code edition in any of the following ways. (A) The approval date on all documents in the manufacturer's design package will be on or after the effective date of adoption of the new edition of the Uniform Building Code and the Standard Building Code.

                                                                                                                                                                                                (B) The manufacturer may transition approval of documents in his design package 45 days prior to the effective date of adoption of the new edition of the Uniform Building Code may the Standard Building Code. The manufacturer must notify the department of his intent to do so. All documents approved within the 45-day transition period must be approved to both the current and the new edition of the Uniform Building Code group or the Standard Building Code group or both. (C) The manufacturer may submit a written description of any other method of transition to the department for approval. (6)

                                                                                                                                                                                                  [(5)] The department (when acting as a DRA) or a DRA may withdraw the approval of any document whenever the approval is later found to be in violation of code requirements or the rules and regulations in this chapter. Notice of the withdrawal of the approval shall be in writing and shall set forth the reasons for the withdrawal. Any withdrawal of approval shall have prospective effect only, except for life safety items. (7)
                                                                                                                                                                                                    [(6)] The DRA shall reimburse the department an hourly monitoring fee for expenses incurred outside headquarters in monitoring the performance of the DRA. (8)
                                                                                                                                                                                                      [(7)] DRAs or the department acting as a DRA may make red ink corrections to documents provided the corrections meet all of the following criteria: (A) limited to corrections of minor deviations; (B) the corrected items can be verified by reference to prescriptive code requirements; (C) the change does not involve any change of design or require design; (D) the red ink correction is valid for 10 working days and may not be extended; and (E) the corrections must be numbered and initialed by the DRA and the statement, "As noted with __________ (number) corrections," shall appear near the stamp of the council with the number of corrections entered. (b)-(f) (No change.) sec.70.100. Mandatory State Codes. All industrialized housing and buildings, modules, and modular components, shall be constructed in accordance with the following codes and their appendices: (1) (No change.) (2) either: (A) International Conference of Building Officials-Uniform Building Code, 1991
                                                                                                                                                                                                        [1988] Edition; Uniform Mechanical Code, 1991
                                                                                                                                                                                                          [1988] Edition; and Uniform Plumbing Code, 1991
                                                                                                                                                                                                            [1988] Edition; or (B) Southern Building Code Congress International, Incorporation-Standard Building Code, 1991
                                                                                                                                                                                                              [1988] Edition; Standard Plumbing Code, 1991
                                                                                                                                                                                                                [1988] Edition; Standard Mechanical Code, 1991
                                                                                                                                                                                                                  [1988] Edition; and Standard Gas Code, 1991
                                                                                                                                                                                                                    [1988] Edition. 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 6, 1991. TRD-9110961 Larry Kosta Executive Director Texas Department of Licensing and Regulation Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 463-3127 Chapter 301. Definitions 16 TAC sec.301.1 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.301.1, concerning definitions. The amendment adds definitions relating to simulcasting and other definitions added to the Texas Racing Act in the last regular legislative session. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the rules of the commission are consistent with state law and are easily understood by its licensees. 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 before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. 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 9, 1991. TRD-9111036 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Chapter 305. Licenses for Pari-mutuel Racing Subchapter A. General Provisions 16 TAC sec.305.5 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.305.5, concerning fingerprints. The amendment clarifies who is required to submit fingerprints for a license. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racetracks are operated with the utmost integrity. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.5.03, which requires the submission of fingerprints for all types of racing licensees. 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 9, 1991. TRD-9111037 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.7 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.305.7, concerning duration of license. The amendment clarifies the expiration date of licenses issued by the commission. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.7.07 and sec.6.18, which describe the duration of licenses issued by the commission. 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 9, 1991. TRD-9111038 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.10 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.305.10, concerning security for compliance. The amendment clarifies the procedure for providing security by a racetrack association to ensure compliance with the Act and rules of the commission. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity and with fairness to all licensees. There will be fiscal implications for small businesses as a result of enforcing the section. The amount of the security required by the commission will vary, depending on the type of racetrack; therefore, the exact cost to small businesses cannot be determined at this time. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.04, which describes the security requirements for racetrack licenses. 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 9, 1991. TRD-9111039 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.11 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.305.11, concerning criminal history record. The amendment clarifies the requirements relating to the release of criminal history information. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that the commission's records are available to the public in accordance with state law. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.5.04, which describes the requirements relating to the release of criminal history information. 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 9, 1991. TRD-9111040 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Subchapter B. Individual Licenses General Provisions 16 TAC sec.305.33 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.305.33, concerning license badge. The amendment clarifies the information that a license badge must contain. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that the licensing program of the commission will be conducted efficiently and effectively. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.7.06, which describes the requirements for license badges. 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 9, 1991. TRD-9111041 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Subchapter C. Racetrack Licenses General Provisions 16 TAC sec.305.62 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.305.62, concerning criteria and burden of proof. The amendment clarifies the criteria the commission is to consider in granting a racetrack license. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that the licensing program of the commission will be conducted efficiently and effectively. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.04, which sets out the criteria for granting a racetrack license. 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 9, 1991. TRD-9111042 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.64 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.305.64, concerning restrictions of eligibility. The amendment clarifies the limitations on ownership in more than one racetrack. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the assurance that pari-mutuel racing will be conducted with utmost integrity. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.06, which describes the limitation on ownership in racetracks. 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 9, 1991. TRD-9111043 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Application Procedure 16 TAC sec.305.84 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.305.84, concerning type of documents required. The amendment clarifies the types of documents that must be submitted for a racetrack license. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity. 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 before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.03, which authorizes the commission to prescribe application forms. 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 9, 1991. TRD-9111044 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 16 TAC sec.305.90 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Racing Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Racing Commission proposes the repeal of sec.305.90, concerning deadline. The section is proposed for repeal because of recent legislative action which eliminated the 120-day deadline for commission action on a racetrack application. Paula Cochran Carter, general counsel for the Texas Racing Commission, 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. Ms. Carter also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be the assurance that the licensing program of the commission is operated efficiently and effectively. 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. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The repeal is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. sec.305.90. Deadline. 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 9, 1991. TRD-9111026 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Ownership 16 TAC sec.305.125 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.305.125, concerning owners. The amendment clarifies the information that must be submitted in a racetrack application regarding ownership. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that the licensing program of the commission will be conducted efficiently and effectively. There may be fiscal implications for small businesses as a result of enforcing the section, because the cost of preparing an application could increase given the additional information that is required. Because the cost will directly relate to the complexity of the ownership structure, the cost will vary and cannot be determined. 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 before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.03, which authorizes the commission to prescribe application forms. 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 9, 1991. TRD-9111045 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Site and Facilities 16 TAC sec.305.145 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.305.145, concerning access and transportation. The amendment clarifies that an applicant for a Class 4 license need not submit a traffic flow study. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that the licensing program of the commission will be conducted efficiently and effectively. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.03, which authorizes the commission to prescribe application forms. 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 9, 1991. TRD-9111046 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Operations 16 TAC sec.305.181 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.305.181, concerning race meetings. The amendment clarifies the type of information regarding race meetings that a racetrack must submit. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that the licensing program of the commission will be conducted efficiently and effectively. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.03, which authorizes the commission to prescribe application forms. 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 9, 1991. TRD-9111047 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Safety and Security 16 TAC sec.305.221 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.305.221, concerning security documents. The amendment clarifies that the safety and security plan of a racetrack applicant may be reviewed by the commission in executive session. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that the licensing program of the commission will be conducted efficiently and effectively. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.6.03, which authorizes the commission to certain application documents in executive session. 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 9, 1991. TRD-9111048 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Subchapter E. Renewal of Licenses 16 TAC sec.305.264 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Racing Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Racing Commission proposes the repeal of sec.305.264, concerning racetrack license renewal. The section is proposed for repeal because of recent legislative action which made a racetrack license perpetual in duration. Paula Cochran Carter, general counsel for the Texas Racing Commission, 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. Ms. Carter also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be the assurance that the rules of the commission are consistent with the applicable state laws. 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. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The repeal is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. sec.305.264. Racetrack License. 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 9, 1991. TRD-91110425 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Chapter 311. Conduct and Duties of Individual Licensees Subchapter A. General Provisions 16 TAC sec.311.7 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.311.7, concerning inhumane treatment. The amendment clarifies the restrictions regarding the possession of devices that are designed to increase the speed of a horse. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.14.03, which authorizes the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. 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 9, 1991. TRD-9111050 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Chapter 319. Veterinary Practices and Drug Testing Subchapter A. General Provisions 16 TAC sec.319.3 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.319.3, concerning medication restriction. The amendment deletes a provision relating to masking agents in greyhound specimens. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity. There will be fiscal no implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.14.03, which authorizes the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. 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 9, 1991. TRD-9111051 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.10 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.319.10, concerning devices and substances prohibited. The amendment clarifies the type of injectable substances and devices that are prohibited. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.14.03, which authorizes the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. 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 9, 1991. TRD-9111052 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.11 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.319.11, concerning search and seizure. The amendment clarifies the authority to the commission to conduct a search for any prohibited devices or substances. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.14.03, which authorizes the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. 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 9, 1991. TRD-9111053 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Subchapter D. Drug Testing General Provisions 16 TAC sec.319.304 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.319.304, concerning disqualification on positive test. The amendment clarifies the authority of the commission to disqualify a race animal as a result of a positive drug test. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.14.03, which authorizes the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. 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 9, 1991. TRD-9111054 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.305 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.319.305, concerning penalties. The amendment clarifies the authority of the commission staff to promulgate a schedule of recommended penalties for medication violations. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.14.03, which authorizes the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. 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 9, 1991. TRD-9111055 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.306 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.319.306, concerning effects of rulings on purse. The amendment clarifies the procedure for redistributing purse money as a result of a positive drug test in which a race animal has been disqualified. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.14.03, which authorizes the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. 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 9, 1991. TRD-9111056 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Testing Procedures 16 TAC sec.319.332 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.319.332, concerning procedure for obtaining specimens. The amendment clarifies the authority of the chief commission veterinarian regarding test barn technicians. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.14.03, which authorizes the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. 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 9, 1991. TRD-9111057 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.333 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.319.333, concerning specimen tags. The amendment clarifies the requirements for specimen tags. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity and the drug testing program of the commission will operate efficiently and effectively. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.14.03, which authorizes the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. 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 9, 1991. TRD-9111058 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.334 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.319.334, concerning delivery and retention of specimens. The amendment deletes the requirement that specimens be frozen for one year. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.14.03, which authorizes the commission to adopt rules prohibiting the illegal influencing of the outcome of a race. 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 9, 1991. TRD-9111059 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 16 TAC sec.319.335 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes an amendment to sec.319.335, concerning auditing and approval of testing costs. The amendment requires drug testing costs to be reasonable in accordance with industry standards for comparable testing procedures. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The amendment is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.3.07, which requires the commission to audit drug testing costs. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 9, 1991. TRD-9111063 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Chapter 321. Pari-mutuel Wagering Subchapter A. Regulation and Totalisator Operations Regulation of Wagering 16 TAC sec.321.72 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes new sec.321.72, concerning multiple wagers. The section clarifies which multiple wagers are multiple-two wagers and which multiple wagers are multiple-three wagers. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter 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 assurance that pari-mutuel racing will be conducted with utmost integrity. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The new section is proposed under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; and sec.11.01, which authorizes the commission to adopt rules to regulate pari-mutuel wagering. 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 9, 1991. TRD-9111064 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Subchapter B. Distribution of Pari-mutuel Pools 16 TAC sec.321.118 (Editor's Note: The Texas Racing Commission 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 Racing Commission proposes new sec.321.118, concerning the national pick-seven. The section describes the procedure for placing a pick-seven wager in a national common pool for the Breeders' Cup races for 1991 and for distributing that pool. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Carter also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the wagering public in this state may participate in national common pools on races that are of historic importance. There will be no fiscal implications for small businesses as a result of enforcing the section. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. The new section is proposed under Texas Civil Statutes, Article 179e, sec.11. 10, which authorize the commission to adopt rules for to regulate pari-mutuel wagering, and sec.11.011, which authorize the commission to adopt rules to license and regulate pari-mutuel wagering on simulcast races. 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 9, 1991. TRD-9111065 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 Subchapter C. Simulcast Wagering Simulcasting License The Texas Racing Commission proposes new sec.sec.321.201-321.208 and sec.sec.321. 251-321.257, concerning simulcast wagering. The sections describe the purpose of the simulcast rules, the procedures for obtaining a simulcasting license, simulcast race dates, and feature races, the fees for simulcasting, the requirements for simulcast contracts, the duties of the sending racetracks and receiving locations, the emergency procedures for simulcast wagering, and the procedures for forming, merging, and distributing common pools. Paula Cochran Carter, general counsel for the Texas Racing Commission, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for local government as a result of enforcing or administering the sections. There will be fiscal implications for state government, due to the increased revenue generated from the simulcasting fees paid to the commission, and the increased revenue from pari-mutuel wagering generated by wagering on simulcast races. The revenue generated from the simulcasting fees is expected to be approximately $150,000 for each of the first five years the sections are in effect. The exact amount of increased revenue from pari-mutuel wagering generated by wagering on simulcast races cannot be determined at this time, because it will depend on the number of simulcast race dates and feature races that the commission approves and the total amount of money wagered on simulcast races. However, the commission estimates that simulcasting will result in direct revenue to the general revenue fund of approximately $480,000 in the first year after the sections take effect, and $694,000 in each of the following four years. Ms. Carter 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 assurance that pari-mutuel wagering is being regulated effectively while encouraging the live racing industry. There will be fiscal implications for small businesses, in the form of increased revenues to racetrack associations. The exact amount of increased revenue generated by wagering on simulcast races cannot be determined at this time, because it will depend on the number of simulcast race dates and feature races that the commission approves for each racetrack and the total amount of money wagered on simulcast races. However, the commission estimates that a racetrack can anticipate an increase in revenues from pari-mutual wagering of approximately 9. 5% due to simulcast wagering. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. The commission will conduct a hearing to receive public testimony on the proposed rules on Wednesday, September 25, 1991, beginning at 10 a.m. The hearing will be held in Room 101, John H. Reagan Building, 105 West 15th Street, Austin. Written comments on the proposal may be submitted before October 10, 1991, to Paula Cochran Carter, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711. 16 TAC sec.sec.321.201-321.208 The new sections are proposed under Texas Civil Statutes, Article 179e, sec.11.011, which authorize the commission to adopt rules to license and regulate pari-mutuel wagering on simulcast races and sec.6.18 and sec.5.01, which authorize the commission to prescribe reasonable license fees. sec.321.201. Purpose. The commission finds that, although wagering on simulcast races provides additional revenue for the state treasury, the primary advantage of wagering on simulcast races is the additional revenue it provides for purse supplements for live races conducted in this state. The commission further finds it is in the public interest to encourage live racing, which promotes economic development in a variety of racing-related industries. Therefore, it is the commission's intent to adopt and enforce rules relating to simulcast wagering in a manner that will encourage live racing and enhance the horse breeding and training industries and the greyhound breeding and training industries. sec.321.202. Simulcasting License. (a) An association may apply to the commission for a license to conduct pari-mutuel wagering on simulcast races and to simulcast races conducted by the association. A simulcasting license entitles the association to conduct pari-mutuel wagering on simulcast races on dates approved by the commission under sec.321.203 of this title (relating to Request for Simulcast Race Dates), and to simulcast races conducted by the association. (b) Each calendar year, the executive secretary shall set a filing deadline for applications under this section. (c) The application must include a statement of how the application will enhance the breeding and training industries for horses or greyhounds. In addition, the application must describe and the commission may consider: (1) the financial stability of the association and the effect simulcasting will have on the economic viability of the association; (2) the operating experience of the association; and (3) regulatory compliance and conduct of the association. (d) The association shall serve a copy of the application on every association licensed to conduct racing for the same species of race animal as the association. (e) After the application is filed, the executive secretary may require the association to submit additional information if the executive secretary determines the additional information is necessary to effectively evaluate the application. (f) The commission shall deny the application if the commission determines the association failed to file the application in accordance with commission rules. (g) A simulcasting license is perpetual in duration. An association shall pay an annual fee for a simulcasting license, which consists of an initial license fee and a daily charge for each day the association conducts wagering on a simulcast race. The initial license fee is $3,500 and is due and payable to the commission not later than 10 business days after the date the commission order granting the simulcasting license is final and appealable. A daily charge incurred under this section is in addition to a daily charge incurred for a live race date. Each daily charge is due and payable to the commission not later than 10 a.m. on the next banking day after each day the association conducts wagering on a simulcast race. The daily charge is: (1) $200, for each allocated simulcast race date that the total handle is less than $100,000; (2) $350, for each allocated simulcast race date that the total handle is at least $100,000, but less than $200,000; (3) $500, for each allocated simulcast race date that the total handle is at least $200,000 but less than $300,000; (4) $750, for each allocated simulcast race date that the total handle is at least $300,000, but less than $500,000; (5) $1,000, for each allocated simulcast race date that the total handle is $500,000 or more; and (6) $100, regardless of the total handle, on a day on which a feature race is simulcast. sec.321.203. Request for Simulcast Race Dates. (a) If the association desires to conduct pari-mutuel wagering on simulcast races during a calendar year, the association must file a request for simulcast race dates. Except as otherwise provided by this section, the request must be filed at the same time the association files its request for live race dates. (b) Except as otherwise provided by this subsection, the association may request a simulcast race meeting that coincides wholly or partly with a live race meeting or a separate simulcast race meeting. A simulcast race date may not be conducted on a live race date. (c) The request must describe the dates the association is requesting, state the names and locations of the sending racetracks, and contain a copy of the fully executed agreements between the association and the sending racetracks. In addition, the request must include evidence regarding the following factors: (1) the contract submitted by the association and whether the contract complies with all applicable laws and the rules of the commission; (2) the anticipated effect of the simulcast race dates on the horse or greyhound training and breeding industries in this state; (3) the anticipated effect of the simulcast race dates on live racing proposed by the association and other associations; (4) the operating experience of the association in this or other racing jurisdictions and the sending racetracks; (5) the regulatory compliance and conduct of the association and the sending racetracks; (6) the financial stability of the association and the sending racetracks and the effect the simulcast race dates will have on the economic viability of the association and the sending racetracks; (7) the performance of the association and sending racetracks on previously approved simulcast race dates; (8) the association's market, including area, population, and demographics; (9) the anticipated effect of the simulcast race dates on employment in this state; (10) the anticipated effect of the simulcast race dates on the tourist, recreation, and entertainment industries in this state; and (11) the anticipated state revenues and related economic benefits from the simulcast race dates. (d) If any of the sending racetracks are located in another racing jurisdiction, the association shall provide a copy of the statutes or rules of the jurisdiction governing the distribution of pari-mutuel pools, if requested by the executive secretary. (e) The association shall serve a copy of the request on every association licensed to conduct racing for the same type of race animal as the association. (f) After the request is filed, the executive secretary may require the association to submit additional information if the executive secretary determines the additional information is necessary to effectively evaluate the request. (g) The burden of proof is on the association to demonstrate that the granting of the simulcast race dates will be in the public interest and achieve the purposes of the Act. (h) The executive secretary may permit an association to file a request for additional simulcast race dates after its request under this section has been acted on by the commission if the executive secretary determines that: (1) the request includes evidence that granting the additional simulcast race dates will enhance the breeding and training industries for horses or greyhounds; (2) the association's failure to request the simulcast race dates initially was not due to the association's neglect; and (3) if the request duplicates a request by the association that has already been acted on by the commission, changed circumstances exist that necessitate additional consideration by the commission. sec.321.204. Feature Races.
                                                                                                                                                                                                                      Notwithstanding any other provision of this subchapter, the executive secretary may approve pari-mutuel wagering at an association on not more than two simulcast races on a day if the executive secretary determines that: (1) at least one of the races is of national, regional, or historic importance; or (2) the revenue or other benefits generated through wagering on the races will substantially enhance the live racing program at the association. sec.321.205. Simulcasting Contract. (a) A contract executed by an association regarding simulcasting is subject to the approval of the commission or its designee. (b) Except for contracts involving races of particular importance as authorized by the commission or its designee in approving the contract, a contract submitted under this section must provide that a percentage of the revenue under the contract be allocated to purses for live races in this state in the same percentage as is required under the Act, sec.6.08. sec.321.206. Duties of Receiving Location. (a) An association that is granted simulcast race dates acts as a receiving location on those dates. The receiving location shall provide: (1) modems and switching units enabling pari-mutuel data transmissions and data communications between the sending racetrack and the receiving location; (2) a voice communication system between the receiving location and the sending racetrack providing timely voice contact between the stewards or racing judges and the mutuel departments at each racetrack; and (3) if the receiving location plans to participate in common pools, a direct, private telephone line and a telecopy or facsimile machine in the mutuels area to transmit information to the sending racetrack in case of a system failure. (b) A receiving location shall conduct pari-mutuel wagering in accordance with commission rules. (c) At least 30 minutes but not more than one hour before the beginning of the transmission of the first performance of each day, the receiving location shall initiate a test program of its receiver, decoder, if applicable, and data communication to ensure proper operation of the system. If a test program run under this subsection is unsuccessful or indicates a malfunction of any component of the receiving system, the association may not conduct pari-mutuel wagering on a simulcast race until a successful test program is run. (d) After each simulcast performance, the receiving location shall provide the reports of its pari-mutuel operations required by Subchapter A of this chapter (relating to Regulation and Totalisator Operations) and the rules of the comptroller. sec.321.207. Duties of Sending Racetrack. (a) An association that simulcasts races conducted by the association acts as a sending racetrack on the dates the races are conducted and simulcast. The contract between the association and the receiving locations must be approved by the commission. (b) A sending racetrack is responsible for the content of the simulcast and shall use all reasonable effort to present a simulcast which offers the viewers an exemplary depiction of the performance, a periodic display of wagering information, and continuity programming between racing events. (c) The sending racetrack shall provide adequate transmission equipment of acceptable broadcast quality that does not interfere with the closed circuit TV system of the receiving location. If the sending racetrack plans to form common pools, the racetrack shall provide a direct, private telephone line and a telecopy or facsimile machine in the mutuels area to receive information from the receiving locations in case of a system failure. (d) The simulcast shall be encrypted using a time displacement decoding algorithm encryption system or an equivalent encryption system approved by the commission. (e) Unless otherwise permitted by the commission, a simulcast must contain in its video content: (1) the date; (2) a digital display of the actual time of day at the sending racetrack; (3) the name of the sending racetrack; (4) the number of the race being displayed; and (5) any other relevant information available to patrons at the sending racetrack. (f) At least 30 minutes but not more than one hour before the beginning of the transmission of the first performance of each day, the sending racetrack shall initiate a test program of its transmitter, encryption equipment, and data communication to ensure proper operation of the system. If a test program run under this subsection is unsuccessful or indicates a malfunction of any component of the sending system, the association may not transmit any races until a successful test program is run. sec.321.208. Emergency Procedures. (a) An association may not accept wagers on a simulcast race until the association is receiving both the audio and video signals from the sending racetrack. (b) If the association loses audio or visual signal from the sending racetrack, the association shall immediately notify the sending racetrack of the lost signal. (c) If the audio signal is lost, the association shall establish telephone linkup with the sending racetrack's announcer and the association's public address system. The association may continue to accept wagers with the telephone linkup until the audio has been reestablished or until the end of the simulcast race during which the signal was lost, whichever occurs first. (d) If both the audio and video signals are lost and the telephone linkup cannot be established, the association shall cease accepting wagers. For wagers that have already been accepted, the association shall pay the appropriate price to the winning wagers as determined by the sending racetrack. 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 9, 1991. TRD-9111066 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 16 TAC sec.sec.321.251-321.257 The new sections are proposed under Texas Civil Statutes, Article 179e, sec.11.011, which authorize the commission to adopt rules to license and regulate pari-mutuel wagering on simulcast races and sec.6.18 and sec.5.01, which authorize the commission to prescribe reasonable license fees. sec.321.251. General Provisions. (a) With the prior approval of the commission, pari-mutuel pools offered by an association that is participating in a simulcast may be combined with corresponding wagering pools offered by the other racetracks participating in the simulcast to form a common pool. (b) A contract governing participation in a common pool must be submitted to the commission for approval. (c) In determining whether to approve an interstate common pool that does not include the sending racetrack, the commission shall consider and may approve use of a type of wager which is not used at the sending racetrack or other factors presented to the commission. (d) All types of wagers that have been approved for the association may be offered, although types of pools which require more races than those included in the simulcast may not become part of the common pool. (e) The content and format of the visual display of racing and wagering information at facilities in other racing jurisdictions in the interstate common pool need not be identical to the information required to be displayed under these rules. sec.321.252. Formation of Common Pool. (a) The common pool is formed at the sending racetrack and the rules of racing in the state in which the sending racetrack is located apply to the common pool. (b) Wagering data shall be transmitted from computer to computer only, unless manual mergers are required due to computer malfunctions or communications failure. (c) Except as otherwise provided by this subsection, the odds and prices for a common pool shall be calculated in accordance with the laws and rules of the jurisdiction in which the sending racetrack is located. In determining the amount distributable to the wagerers, the total takeout required in the jurisdiction in which the sending racetrack is located shall be used. If the association desires, the association may use net price calculation for determining the payoff prices. (d) An association shall ensure that the necessary records are maintained regarding the amounts wagered at its racetrack for accounting, auditing, and reporting purposes. sec.321.253. Distribution of Common Pool. (a) A wager is made at the point of sale in the state where the wager is placed. (b) The payoff attributable to the association shall be based on the actual winnings indicated by the totalisator wagering data. (c) The total takeout applicable to the wagers received in this state for a common pool shall be distributed in accordance with the Act. A gain or loss caused by a difference in takeout totals shall be part of the association's revenue or expense from the interstate broadcast. (d) A surcharge or other withholding other than the takeout authorized by law shall be applied only in the jurisdiction imposing the surcharge or withholding. sec.321.254. Breakage. The ratio of an association's allocation of the breakage to the total breakage in an interstate common pool must be equal to the ratio of the dollars contributed to the common pool from the association to the total amount of the common pool. sec.321.255. Report to Commission. An association participating in a common pool shall submit to the commission a report on the pool not later than the 10th day after the date of the performance for which the pool was formed. The report shall contain: (1) the total amount of the common pool; (2) the total amount of the common pool generated by wagers received in this state; (3) the total winnings for the common pool; (4) the total winnings attributable to wagers received in this state; (5) the total commission derived from the common pool; and (6) the total commission derived from the association's share of the common pool. sec.321.256. Manual Merge. (a) If the receiving location's computer system fails to adequately transmit wagering data to the sending racetrack, the sending racetrack may manually merge the pools if a manual merge will not endanger the pools at the sending racetrack. (b) To merge the pools manually, the receiving location's totalisator system operator shall notify the sending racetrack via telecopy of the total amount in the pool, the total dollars on winning wagers, and the total dollars on the losing wagers in the pool. The stewards or racing judges at the sending racetrack and the presiding steward or racing judge at the receiving location shall be notified when the procedure is complete, for purposes of declaring the race official. sec.321.257. Failure to Merge. (a) Except as otherwise provided by this section, if for any reason it becomes impossible to successfully merge the wagers placed in this state in the common pool, the association shall make an announcement to the patrons explaining the circumstances. The association shall make payoffs in accordance with the payoff prices that would have been in effect if the prices for the pool of wagers were calculated without regard to wagers placed elsewhere. (b) A contract for common pools entered into by an association must contain a provision stating that the association is not liable for any measures taken which may result in a receiving location's wagers not being accepted into a common pool formed by the association if for any reason: (1) it becomes impossible to successfully merge the wagers placed in another state in the common pool formed by the association; or (2) the commission's or association's representative determines that attempting to transfer pool data from the receiving location will endanger the association's wagering pool. 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 9, 1991. TRD-9111067 Paula Cochran Carter General Counsel Texas Racing Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 794-8461 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 9. Public Junior Colleges Subchapter D. Basic Standards 19 TAC sec.9.77 The Texas Higher Education Coordinating Board proposes an amendment to sec.9. 77, concerning trustee professional development. The proposed amendment was made after consultation with the Texas Public Community/Junior College Association. The rule required every public community college to adopt a policy for trustee training to include new member orientation and continuing education for current members. Dale Campbell, assistant commissioner for community colleges and technical institutes, 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. Campbell also has determined that for each year of the first five years the section is are in effect the public benefit anticipated as a result of enforcing the section will be that the rule will be modified from a requirement to a recommendation for training new trustees. 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 Kenneth H. Ashworth, Commissioner of Higher Education, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711. The amendment is proposed under the Texas Education Code, sec.sec.61.027, 61.051, and 130.001, Texas Civil Statutes, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules regarding trustee professional development. sec.9.77. Trustee Professional Development. (a) All public community/junior colleges should
                                                                                                                                                                                                                        [shall] adopt a policy for trustee training to include orientation for new members and continuing education for current members. (b) New trustees should
                                                                                                                                                                                                                          [shall] participate in a formal orientation session on the legal and budgetary oversight responsibilities of trustees within the calendar year following their election. (c) Each institution should
                                                                                                                                                                                                                            [shall] develop and implement an annual plan to address the training needs of trustees. Topics include, but are not limited to: community college history and philosophy; governance; ethics; legal issues; accreditation; finance; audits; legislative relations; planning (strategic, short-term, and long-range); evaluations (board, president, institution, and educational programs); board policies and bylaws; boardsmanship; state and national trends on educational, social, and technological issues; and Texas government operations (executive and legislative branches, the Texas Higher Education Coordinating Board, and other state agencies). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 5, 1991. TRD-9111008 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Proposed date of adoption: October 25, 1991 For further information, please call: (512) 483-6160 Chapter 12. Proprietary Schools Subchapter A. Purpose and Authority 19 TAC sec.12.22 The Texas Higher Education Coordinating Board proposes an amendment to sec.12.22, concerning authority. The proposed amendment authorizes the commissioner of higher education to establish fees for initial program application review, program revision review, and program evaluation of proprietary school associate degree programs consistent with the board's authority. Dale Campbell, assistant commissioner for community colleges and technical institutes, 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. Campbell 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 charging of fees for initial application, revision, and evaluation of proprietary school applied associate degree programs and the amounts will not exceed the cost of initial program application review, program revision review, and program evaluation of proprietary school associate degree programs including the cost of necessary consultants. 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 Kenneth H. Ashworth, Commissioner of Higher Education, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711. The amendment is proposed under the Texas Education Code, sec.32.401 and sec.61. 305, Texas Civil Statutes, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules regarding proprietary schools. sec.12.22. Authority. (a) The Texas Education Code, Chapters 32 and 61, provides the authority to the Texas Higher Education Coordinating Board to enforce minimum standards for the approval of programs of study leading to the award of the applied associate degree. (1)-(3) (No change.) (4) The Texas Higher Education Coordinating Board shall charge fees for initial application, revision, and evaluation of proprietary school applied associate degree programs. The commissioner of higher education shall set these fees in an amount not to exceed the cost of initial program application review, program revision review, and program evaluation of proprietary school associate degree programs including the cost of necessary consultants.\ (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 5, 31991. TRD-9111007 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Proposed date of adoption: October 25, 1991 For further information, please call: (512) 483-6160 Chapter 13. Financial Planning Subchapter A. General Provisions 19 TAC sec.13.2 The Texas Higher Education Coordinating Board proposes an amendment to sec.13.2, concerning financial reporting system for public junior colleges. The proposed changes are as a result of the state auditor's report "study of junior college financial administration," August 1990. Reviews were made on the financial administration of all public community and junior colleges in Texas after a management study of American Education Complex was completed in the spring of 1989. Roger Elliott, assistant commissioner for financial planning, 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. Elliott also has determined that for each year of the first five years the section is are in effect the public benefit anticipated as a result of enforcing the section will be promulgated reporting requirements for financial statements and note disclosures and these requirements will be used by the public community and junior colleges. 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 Kenneth H. Ashworth, Commissioner of Higher Education, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711. The amendment is proposed under the Texas Education Code, sec.61.027 and sec.61. 061, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules regarding the financial reporting system for public junior colleges. sec.13.2. Financial Reporting System for Public Junior Colleges. Each public community and
                                                                                                                                                                                                                              junior college shall maintain its financial records and submit reports to the Coordinating Board in accordance with the current
                                                                                                                                                                                                                                [April, 1976,] edition of the Coordinating Board's Annual Financial Reporting Requirements for Public Community and Junior Colleges
                                                                                                                                                                                                                                  [Financial Reporting System for Public Junior Colleges in Texas]. Copies are available in the Coordinating Board offices, Financial Planning Division
                                                                                                                                                                                                                                    , P.O. Box 12788, Austin, Texas 78711. 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 5, 1991. TRD-9111002 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Proposed date of adoption: October 25, 1991 For further information, please call: (512) 483-6160 Chapter 21. Student Services Subchapter A. General Provisions 19 TAC sec.21.3 The Texas Higher Education Coordinating Board proposes new sec.21.3, concerning loan repayment deferral and loan forgiveness for emergency tuition loans made under the Texas Education Code, sec.56.051. The proposed new section will allow institutions to extend the time for repayment of undergraduate loans made to students who later enroll in a graduate or professional program at an institution of higher education. The Coordinating Board shall adopt guidelines for determinations of extreme financial hardship and other instances in which the public interest is served if a loan is forgiven. Each institution shall forgive loans in accordance with those guidelines. Mack Adams, assistant commissioner for student services, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Adams, 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 guidance institutions will have to administer emergency tuition loans. 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 Kenneth H. Ashworth, Commissioner of Higher Education, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711. The new section is proposed under the Texas Education Code, sec.56.051 and 56. 055, Texas Civil Statutes, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules regarding loan repayment deferral and loan forgiveness for emergency tuition loans made under the Texas Education Code, sec.56.051. sec.21.3. Loan Repayment Deferral and Loan Forgiveness for Emergency Tuition Loans Made Under the Texas Education Code, sec.56.051. (a) An institution may temporarily defer the repayment of undergraduate emergency loans made under provisions of the Texas Education Code, sec.56.051 to students who enroll on at least a half-time basis in a graduate or professional degree program at an institution of higher education. The deferral may not be extended for more than three years from the time the student first enrolled in the graduate or professional degree program. Repayment of all emergency loans is to take place within one year of completion of the graduate or professional degree program or within one year of the time from which the student fails to be enrolled in an institution of higher education on at least a half-time basis. (b) An institution may forgive an emergency loan made under provisions of sec.56.051 to an individual who has been certified by a physician as being physically or mentally incapable of employment which would make repayment feasible. The physician's certification would need to indicate that the individual's extreme financial hardship condition is expected to continue and would likely make repayment infeasible for the succeeding five years. 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 5, 1991. TRD-9111006 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Proposed date of adoption: October 25, 1991 For further information, please call: (512) 483-6160 Subchapter C. Hinson-Hazlewood College Student Loan Program for All Loans Which Are Subject to the Provisions of the Guaranteed Student Loan Program, the College Access Loan Program, the Health Education Assistance Loan Program, and the Health Education Loan Program 19 TAC sec.21.53 The Texas Higher Education Coordinating Board proposes an amendment to sec.21.53, concerning the Hinson-Hazlewood College Student Loan Program. The proposed amendment will extend the definition of a parent campus to include the corporate office or corporate headquarters of a school or institution. Mack Adams, assistant commissioner for student services, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Adams 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 further clarification to the rules of the definition of a parent campus. 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 Kenneth H. Ashworth, Commissioner of Higher Education, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711. The amendment is proposed under the Texas Education Code, sec.52.54, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules regarding the Hinson-Hazlewood College Student Loan Program. sec.21.53. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Parent campus-Where the institution or school is based; includes, but is not limited to, the corporate office or corporate headquarters. 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 5, 1991. TRD-9111005 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Proposed date of adoption: October 25, 1991 For further information, please call: (512) 483-6160 Subchapter AA. Student Exchange Program for Students from Mexico 19 TAC sec.sec.21.901-21.909 The Texas Higher Education Coordinating Board proposes new sec.sec.21.901-21. 909, concerning the Student Exchange Program for students from Mexico. The new rules are intended to implement amendments to the Texas Education Code, sec.54. 060(b), (c), and (d) as passed in House Bill 1879 of the recent Regular Session of the Legislature. Mack Adams, assistant commissioner for student services, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Adams 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 establishment of a student exchange program with Mexico and a pilot program to encourage some Mexican students to enroll in Texas institutions of higher education. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Kenneth H. Ashworth, Commissioner of Higher Education, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711. The new sections are proposed under the Texas Education Code, sec.54.060, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules regarding the Student Exchange Program for students from Mexico. sec.21.901. Purpose. The purpose of the Student Exchange Program is to encourage participating students to better understand the culture, needs, and expectations of the United Mexican States and the State of Texas. sec.21.902. Delegation of Powers and Duties. The Texas Education Code, sec.54.060(c) provides that the Coordinating Board shall establish a program with the United Mexican States for the exchange of students between institutions of higher education. sec.21.903. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Board-The Texas Higher Education Coordinating Board. Citizen of Mexico -A citizen or permanent resident of Mexico who resides in Mexico and who plans to return to Mexico to live immediately after finishing his/her educational program. Commissioner-The commissioner of higher education, the chief executive officer of the board. Full-time enrollment -For undergraduates, enrollment for the equivalent of at least 12 semester credit hours per semester. For graduates, enrollment for the equivalent of at least nine semester credit hours per semester. Originating institution -The institution from which the student is transferring as a participant in the exchange program. Receiving institution -The institution in which the student enrolls as an exchange student. sec.21.904. Eligible Institutions.
                                                                                                                                                                                                                                      An institution eligible to participate in the exchange program must: (1) be a public or private degree-granting institution of higher education located in the United Mexican States who programs have recognition of official validity; or (2) be a public institution of higher education in Texas; and (3) designate a program officer who will be responsible for all transactions relating to the exchange program. sec.21.905. Eligible Students.
                                                                                                                                                                                                                                        A student is eligible to participate in the exchange program if he/she: (1) has been enrolled for one or more semesters at the originating institution; (2) is a citizen of Mexico or an individual enrolled in a public institution of higher education in Texas; (3) is nominated by his/her originating institution; (4) meets the admissions requirements and any restrictive enrollment criteria of the receiving institution; and (5) enrolls on a full-time basis at the receiving institution. sec.21.906. Tuition Rate To Be Paid. (a) Students participating in the exchange program will be eligible to enroll at the receiving institution by paying a tuition rate equal to the resident rate at the receiving institution. (b) A student no longer participating in the exchange program, but continuing to enroll in the receiving institution will be expected to pay the rate charged other nonresident students beginning with the first enrollment period after the student discontinues his/her participation in the exchange program. sec.21.907. Reciprocity. The number of students received or sent by each institution in an exchange would ideally be equal in any given year. If balance is not attained in any one year, parity is to be established within a five-year period. sec.21.908. Assurances. Each participating institution must maintain records in the appropriate office which would include: (1) proof of each participating student's eligibility; and (2) formally-executed exchange agreements with each exchange partner institution. sec.21.909. Reporting Requirements.
                                                                                                                                                                                                                                          By October 31 of each year each participating Texas institution shall provide a program report to the board on a form provided by the board. The report will include such things as the number of students who have participated in the exchange program, the names of the institutions in Mexico with which the exchanges have taken place, and the programs of study in which the students enrolled. 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 5, 31991. TRD-9111004 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Proposed date of adoption: October 25, 1991 For further information, please call: (512) 483-6160 Chapter 21. Student Services Subchapter BB. Pilot Program for Enrolling Students from Mexico 19 TAC sec.sec.21.931-21.939 The Texas Higher Education Coordinating Board proposes new sec.sec.21.931-21. 939, concerning the Pilot Program for enrolling students from Mexico. The new rules are intended to implement amendments to the Texas Education Code, sec.54. 060(b), (c), and (d) as passed in House Bill 1879 of the recent Regular Session of the legislature. Mack Adams, assistant commissioner for student services, has determined that for the first five-year period the sections are in effect there will be fiscal implications as a result of enforcing or administering the sections. Eligible students will qualify to pay resident instead of nonresident tuition. Mr. Adams 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 establishment of a student exchange program with Mexico and a pilot program to encourage some Mexican students to enroll in Texas institutions of higher education. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Kenneth H. Ashworth, Commissioner of Higher Education, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711. The new sections are proposed under the Texas Education Code, sec.54.060, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules regarding the Pilot Program for enrolling students from Mexico. sec.21.931. Purpose. The purpose of the Pilot Program is to encourage students from Mexico with limited financial resources to enroll in Texas public institutions of higher education and to facilitate the completion of upper level and graduate degree programs by Mexican students enrolled in programs offered by general academic teaching institutions in counties adjacent to Mexico. sec.21.932. Delegation of Powers and Duties. (a) Texas Education Code, sec.54.060(b) and (d) provides that the Coordinating Board shall adopt rules governing a pilot program for needy students from Mexico who are eligible to pay resident tuition rates at general academic teaching institutions in counties not immediately adjacent to Mexico. (b) The board is also to determine the number of such students allowed to transfer from border county programs to other general academic teaching institutions located throughout the state. sec.21.933. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Board-The Texas Higher Education Coordinating Board. Citizen of Mexico -A citizen or permanent resident of Mexico who resides in Mexico and who plans to return to Mexico to live immediately after finishing his/her educational program. Commissioner-The commissioner of higher education, the chief executive officer of the board. Full-time enrollment -For undergraduates, enrollment for the equivalent of at least 12 semester credit hours per semester. For graduates, enrollment for the equivalent of at least nine semester credit hours per semester. sec.21.934. Eligible Institutions.
                                                                                                                                                                                                                                            Any general academic teaching institution, as defined in the Texas Education Code, sec.61.003, is eligible to participate in the Pilot Program. sec.21.935. Border County Program. An instructional program offered in a county bordering Mexico by any general academic institution in Texas is a border county program. sec.21.936. Eligible Students. (a) A student is eligible, if he/she: (1) is a citizen of Mexico; (2) meets the admissions requirements and any restrictive enrollment criteria of the institution in which he/she enrolls; (3) enrolls on a full-time basis; and (4) shows financial need after the financial resources of the foreign student and the student's family are considered in keeping with board guidelines. (b) A student admitted for enrollment at an eligible institution prior to July 12, 1991, may not participate in the Pilot Program unless able to prove financial need that was unknown at the time of admission. (c) Although financial need is the primary eligibility criterion for the Pilot Program, institutions may set priorities in selecting participants from among eligible students. sec.21.937. Tuition Rate to be Paid. Students participating in the pilot program will be eligible to enroll by paying a tuition rate equal to the resident rate. sec.21.938. Numbers of Students Eligible to Participate in the Pilot Program. (a) Each border county program may enroll an unlimited number of eligible students. (b) Each general academic teaching institution not located in a county immediately adjacent to Mexico may enroll up to 20 eligible students per year, no more than 10 of which may be transfer students from border county programs. sec.21.939. Reporting Requirements.
                                                                                                                                                                                                                                              By October 31 of each year each participating institution shall provide a program report to the board on a form provided by the board. The report will include such information as the number of students enrolling in the institution through the program, the classification of participating students, the programs of study in which the students enrolled, and the amount of tuition waived. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 5, 31991. TRD-9111003 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Proposed date of adoption: October 25, 1991 For further information, please call: (512) 483-6160 TITLE 22. EXAMINING BOARDS Part III. Texas Board of Chiropractic Examiners Chapter 71. Application and Applicants 22 TAC sec.71.10 The Texas Board of Chiropractic Examiners proposes an amendment to sec.71.10, concerning re-examinations. The section provides requirements for completing the remaining course of study for an examinee who passes the state board exam before he/she graduates. Jennie Smetana, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Smetana, also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the board will monitor individuals who pass the boards before graduating from school and determine whether or not they completed the remaining course work in a timely manner as to ensure adequate qualifications. 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 Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 Mopac Expressway North, Suite 301, Austin, Texas 78759. The amendment is proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.71.10. Reexaminations. (a)-(b) (No change.) (c) To be eligible for licensure, and examinee in his or her final semester of chiropractic school must satisfactorily complete the remaining course of study resulting in graduation from chiropractic college within six months from the date of examination for licensure. Failure to complete the course of study in the required time disqualifies that examinee for licensure until such time examinee retakes the examination and successfully passes all sections to once again be eligible for licensure. 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-9110949 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 343-1895 Chapter 75. Rules of Practice 22 TAC sec.75.1, sec.75.6 The Texas Board of Chiropractic Examiners proposes amendments to sec.75.1 and sec.75.6, concerning rules of practice. The sections regard what constitutes grossly unprofessional conduct and the penalty for not responding to board inquires. Jennie Smetana, executive director, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Ms. Smetana, also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be that the rules will disallow fee splitting and referral fees for patients referred to licensee. In addition, the licensees will be required to answer all board inquiries, including consumer complaints. 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 Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 Mopac Expressway North, Suite 301, Austin, Texas 78759. The amendments are proposed under Texas Civil Statutes, Article 4512b, which provides the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.75.1. Grossly Unprofessional Conduct. The rules and regulations of the board are prescribed by law in the Chiropractic Act, sec.14a. Under the provisions of sec.14a(5), (6), and (8) the board rules that it shall be considered grossly unprofessional conduct for a licensee: (1)-(6) (No change.) (7) to fail to state on every insurance claim in which he has waived the co-payment, the following statement, "Insurance payment will be accepted as full payment," and to fail to provide the patient with a copy of each insurance form as mailed to the third party payor;
                                                                                                                                                                                                                                                [.] (8) to divide, share, split, or allocate, directly or indirectly, any fee for chiropractic services with any lay person, firm, association, or corporation. This shall not prevent regular employer-employee relationship and the paying for such services; (9) to compensate any individual, firm partnership, corporation, or other entity on the basis of patients referred to licensee. sec.75.6. Failure to Respond to Board Inquiries.
                                                                                                                                                                                                                                                  Each licensee shall [promptly] respond specifically (and within 10 days)
                                                                                                                                                                                                                                                    to any and all
                                                                                                                                                                                                                                                      board inquiries or alleged violations of the Chiropractic Act or rules promulgated by this board.
                                                                                                                                                                                                                                                        [concerning complaints of professional misconduct by the licensee.] Responses shall be in writing and shall be directed to the attention of the board's Enforcement Committee. Failure to timely respond to a complaint shall be an independent ground for disciplinary proceedings. 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-9110947 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 343-1895 22 TAC sec.sec.75.2-75.4 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Chiropractic Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Board of Chiropractic Examiners proposes the repeal of sec.sec.75. 2-75.4, concerning rules of practice. The repeals regard the authorized instruments allowed to be used by the doctors as well as the diagnostic techniques and adjunctive therapy modalities allowed. Jennie Smetana, executive director, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Ms. Smetana also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be that these rules are being repealed to allow a broader more specific section to be added concerning what is allowed. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 Mopac Expressway North, Suite 301, Austin, Texas 78759. The repeals are proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.75.2. Unathorized Instruments. sec.75.3. Diagnostic Technique. sec.73.4. Adjunctive Therapy. 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-9110950 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 343-1895 22 TAC sec.75.7 The Texas Board of Chiropractic Examiners proposes new s75.7, concerning authorized practices, techniques, and procedures allowed to be utilized by chiropractors. Jennie Smetana, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Smetana also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the new rule will outline what procedures and methods of treatment are within the scope of practice for chiropractic. 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 Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 Mopac Expressway North, Suite 301, Austin, Texas 78759. The new section is proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.75.7. Authorized Practices, Techniques and Procedures.
                                                                                                                                                                                                                                                          Licensees of this board are authorized to utilize diagnostic, therapeutic, and preventative techniques and procedures, to perform an analysis and render diagnostic and other opinions in accordance with practices and protocols as taught in or through approved chiropractic colleges or which are accepted by the Scientific Affairs Division of a recognized and bona fide state or national chiropractic association so long as said procedures, techniques, analysis, and opinions are not in violation of any provisions in Texas Civil Statutes, Article 4512b or any provisions of Chapter 80 of this title (relating to Practice of Chiropractic). 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-9110951 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 343-1895 Chapter 76. Delegation of Authority 22 TAC sec.76.1 The Texas Board of Chiropractic Examiners proposes new s76.1, concerning delegation of authority. The section provides actual procedures which may be delegated to a non-licensed individual. Jennie Smetana, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Smetana also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the doctor and the public will be informed of what procedures performed in a chiropractic office can be delegated to an unlicensed individual. 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 Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 MoPac Expressway North, Suite 301, Austin, Texas 78759. The new section is proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.76.1. Delegation of Authority. (a) A licensee shall have the authority to delegate to any qualified and properly trained person or persons acting under the licensee's supervision any task or procedure which a reasonable and prudent chiropractor would find within in the scope of sound medical judgment to delegate if, in the opinion of the delegating doctor of chiropractic, the task or procedure can be properly and safety performed by the person to whom the task or procedure is delegated. (b) Exceptions to subsection (a) of this section are as follows. (1) A licensee shall not delegate, to a non-licensee, authority to perform chiropractic adjustments. (2) A licensee shall not delegate to any person any static radiologic procedure unless said person is a practitioner, is registered with the board according to sec.78.1 of this title (relating to Registration of Chiropractic Radiologic Technologists), or is a certified medical radiologic technologist as defined in Texas Civil Statutes, Article 4512m. (3) A licensee shall not delegate to any person any non-static radiologic procedure unless said person is a practitioner as defined by sec.71.1 of this title (relating to Definitions) or a certified medical radiologic technologist as defined in Texas Civil Statutes, Article 4512m. (c) This chapter does not prohibit a licensee from delegating authority to perform chiropractic adjustments or radiologic procedures to a student actually enrolled in an accredited chiropractic college if the following conditions are met: (1) the chiropractic adjustment or radiologic procedure is performed as part of a regular curriculum; (2) the chiropractic adjustment or radiologic procedure is performed under the supervision of a licensee who is present at the time of the adjustment or procedure. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 3, 1991. TRD-9110946 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 343-1895 Chapter 77. Advertising and Public Communication 22 TAC sec.77.3 The Texas Board of Chiropractic Examiners proposes new s77.3, concerning the rules for offering free or discounted services to patients. Jennie Smetana, Executive Director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Smetana also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the specific guidelines will ensure that the doctor and the public are aware of what can be offered as a free service and what is meant by free. 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 Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 Mopac Expressway North, Suite 301, Austin, Texas 78759. The new section is proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.77.3. Offering of Free/Discounted Services. (a) When a licensee advertises or offers a service as "Free," said service shall be performed or rendered at no cost to the patient or any other party or entity, including an insurance plan, that would normally pay for or reimburse for all or any part of that service had it not been offered as "Free." (b) When a licensee advertises or offers a service at a discount or reduced price, said service shall be performed or rendered at that discounted or reduced price. The charge to the patient or any other party or entity, including an insurance plan, that pays for or reimburses for any part of the cost of said service on behalf of the patient, shall be at the discounted or reduced price. (c) Violation of this section shall be deemed as false, misleading, and/or deceptive and shall be a violation of this article. 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-9110953 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 343-1895 22 TAC sec.77.5 The Texas Board of Chiropractic Examiners proposes an amendment to sec.77.5, concerning miscellaneous. The section provides for the disclosure of all fees for services rendered to that patient. Jennie Smetana, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Smetana also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the doctor will have a greater awareness of whether or not the patient understands the services rendered and the charges of those services, because he will be responsible. 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 Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 MoPac Expressway North, Suite 301, Austin, Texas 78759. The amendment is proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.77.5. Miscellaneous. Licensee shall assume responsibility for full disclosure and understanding of all fees for services rendered.
                                                                                                                                                                                                                                                            A licensee shall, on the date of providing goods or services to a patient, disclose to the patient in writing the full amount of the licensee's charges. Compliance with this rule may be in any written form reasonably calculated to notify the patient of the actual charges for the goods or services 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 September 3, 1991. TRD-9110948 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 343-1895 Chapter 80. Practice of Chiropractic 22 TAC sec.80.1 The Texas Board of Chiropractic Examiners proposes an amendment to sec.80.1, concerning The Practice of Chiropractic. The section explains what is considered to be the Practice of Chiropractic. Jennie Smetana, Executive Director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Smetana, also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the rule change will add specific language to state any individual who attempts to control the professional judgment of a doctor will be considered as practicing chiropractic. 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 Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 Mopac Expressway North, Suite 301, Austin, Texas 78759. The amendment is proposed under Texas Civil Statutes, Article 4512b, which provides the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.80.1. Practice and Chiropractic. A person shall be regarded as practicing chiropractic within the meaning of Texas Civil Statutes, Article 4512b, sec.1, if the person : (1) reviews or analyzes, by subjective or objective means, the test, medical records, x-rays, diagnosis, treatment plan, or prognosis made by a treating chiropractor for the purpose of rendering an opinion concerning the necessity of the treating chiropractor's treatment or the necessity of the treating chiropractor's plan of treatment. (2) controls or attempts to control the professional judgment or manner of practice of a doctor of chiropractic in regards to patient care. For purposes of this paragraph, the professional judgment or manner of practice shall include, but not be limited to: (A) those services and procedures as set forth in ssec.80.4, 80.5, and 80. 6 of this title (relating to Evaluation and Examination; Analysis, Opinion, and Diagnosis; and Therapeutic Procedures and Services). (B) the decision by a doctor of chiropractic to utilize or not to utilize those services and procedures set forth in sec.sec.80.4, 80.5, and 80.6. 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-9110952 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 343-1895 22 TAC sec.sec.80.4-80.9 The Texas Board of Chiropractic Examiners proposes new ssec.80.4-80.9, concerning specific guidelines and requirements which should be followed in the practice of chiropractic. Jennie Smetana, executive director, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Ms. Smetana also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be more specific rules will determine the procedures used by chiropractors concerning the examination and evaluation, the analysis and diagnosis, therapeutic procedures, appropriateness and necessity, disclosure of financial interest and records. 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 Jennie Smetana, Executive Director, Texas Board of Chiropractic Examiners, 8716 MoPac Expressway North, Suite 301, Austin, Texas 78759. The new sections are proposed under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.80.4. Evaluation and Examination. (a) A licensee is responsible for performing, ordering or supervising the performance of all forms of clinical, physical, and laboratory examination, diagnostic imaging, electrodiagnostic testing, and all other forms of testing and measurement which for a patient in his/her charge are necessary to: (1) determine the biomechanical condition of the spine and musculoskeletal system (both qualitatively and quantitatively) including the cause for, nature of, and extent of involvement of any abnormality; (2) determine the cause for, nature of, and extent of involvement of any subluxation of any articulation in the musculoskeletal system; (3) determine if a particular technique or procedure in chiropractic treatment might be indicated or contraindicated; (4) differentiate biomechanical abnormalities of the musculoskeletal system from other health problems which are not amendable to chiropractic care. (b) Failure of a licensee to perform, order, or supervise the performance of adequate or proper clinical, physical, and laboratory examination, diagnostic imaging or any other testing and measurement necessary under Section A may be considered a failure to use proper diligence in the practice of chiropractic. sec.80.5. Analysis, Opinion, and Diagnosis. (a) A licensee is responsible for making a proper analysis of and for rendering all appropriate diagnostic and other opinions regarding the findings of examinations and evaluations of a patient in his/her charge. Said responsibility shall include: (1) rendering an analysis or diagnosis regarding subluxation or the biomechanical condition of the spine or musculoskeletal system including the cause for, nature of and extent of involvement of any abnormality; (2) rendering a diagnostic opinion of any factors or conditions which complicate any subluxation or other biomechanical abnormality of the spine or musculoskeletal system; (3) rendering an opinion regarding the appropriate course of treatment for an abnormal biomechanical condition of the spine or musculoskeletal system; (4) rendering an opinion regarding the likelihood of recovery from a biomechanical abnormality under various courses of treatment; (5) rendering an opinion regarding the risk to a patient's health from an abnormal biomechanical condition of the spine or musculoskeletal system; (6) rendering an opinion regarding the biomechanical and resulting general health risks from various occupations, activities of daily living and the treatment or lack of treatment for any biomechanical abnormalities; (7) rendering an opinion that the patient's health care problem is not amendable to chiropractic care and referral of that patient to other classes of health care providers for appropriate care; (8) rendering an opinion regarding the effect of an abnormal biomechanical condition in the spine or musculoskeletal system on an individual's ability to carry out normal job functions and other daily activities, including assessment of the degree of disability or impairment; (9) rendering any other necessary or appropriate opinions regarding a patient in his/her charge. (b) Failure of a licensee to make a proper analysis of or to render appropriate diagnostic or other opinions regarding the findings of examinations and evaluations of a patient in his/her charge may be considered a failure to use proper diligence in the practice of chiropractic. sec.80.6. Therapeutic Procedures and Services. (a) A licensee is responsible for recommending, ordering, performing or supervising the performance of all forms of osseous and soft tissue adjustment and manipulative techniques, all forms of physical and rehabilitative therapy, all forms of acupuncture and other reflex techniques, all forms of exercise therapy, all forms of immobilization, splinting, bracing or supportive techniques, all forms of patient education, advice and counsel, the use of nutritional or herbal supplements, the use of non-prescription medications and all other treatment services and procedures which for a patient in his/her charge are appropriate or necessary to: (1) correct, improve, control, or promote the healing of or recovery from any or all components of a subluxation complex involving any articulation of the musculoskeletal system and return the patient to normal health; (2) correct, improve, control, or promote the healing of or recovery from any abnormal biomechanical condition of the spine or musculoskeletal system and return the patient to normal health; (3) prevent the development of any biomechanical abnormality of the spine or musculoskeletal system or to minimize the impact of any such abnormality on the patient's overall health. (b) Failure of a licensee to recommend, order, perform or supervise the performance of proper, appropriate or necessary treatment services or procedures for a patient in his/her charge, may be considered a failure to use proper diligence in the practice of chiropractic. sec.80.7. Chiropractic Necessity and Appropriateness Reviews. (a) A licensee, who renders an opinion or makes a recommendation regarding the appropriateness or necessity of Chiropractic Care or services provided or to be provided to any patient of another Doctor of Chiropractic and who renders said opinion without physically examining the patient, is responsible for: (1) adequately reviewing all records of the patient's condition and care prior to rendering any opinion or making any recommendation; (2) rendering opinions or recommendations which are consistent with scientific and statistical facts and accepted Chiropractic Protocols and Standards; (3) rendering opinions or making recommendations which are substantially supported by and consistent with the patient's records; (4) clearly identifying in any report those items which represent factual or statistical information and those items which represent the opinion or recommendation of the licensee; (5) clearly describing all documents, records and information regarding the patient's history, condition, or care which were reviewed prior to rendering any opinion or making any recommendation; (6) providing a complete, signed, written report (including all opinions rendered and recommendation made with their adequate substantiating documentation) to the patient and the patient's treating Doctor of Chiropractic with 10 days of rendering an opinion or making recommendation regarding appropriateness or necessity of Chiropractic Care or services; (7) refusing to render an opinion or make a recommendation regarding a subject area of which the licensee lacks adequate knowledge or training; (8) any impact or effect on the patient's health and well being which is the result of opinions and recommendations made by the licensee. (b) It may be considered a failure to use proper diligence in the practice of Chiropractic and/or grossly improfessional or dishonorable conduct when a licensee who without physically examining the patient, renders an opinion or makes a recommendation regarding the appropriateness or necessity of chiropractic care or services provided or to be provided to any patient of another Doctor of Chiropractic and who: (1) fails to adequately review the complete records of the patient's condition and care prior to rendering any opinions or making any recommendations; (2) fails to render opinions or make recommendations which are consistent with scientific and statistical facts or with accepted chiropractic protocols and standards; (3) fails to render opinions or make recommendations which are substantially supported by and consistent with the patient's records; (4) fails to clearly identify in any report those items which represent factual or statistical information and those items which represent the opinion or recommendation of the licensee; (5) renders any report of opinions and recommendations regarding the necessity or appropriateness of chiropractic care or services which contains any items which are in any way false, misleading or deceptive or which contain any material misrepresentation of fact; (6) fails to clearly describe all documents, records and information regarding the patient's history, condition or care which were reviewed prior to rendering any opinion or making any recommendation; (7) fails to provide a complete, signed, written report (including all opinions rendered and recommendations made with their substantiating documentation) to the patient and the patient's treating doctor within 10 days of rendering an opinion or making a recommendation; (8) fails to report documentation adequate to substantiate any opinions or recommendations; (9) renders an opinion or makes a recommendation regarding a subject area of which the licensee lacks adequate knowledge or training; (10) renders an opinion or makes a recommendation which as a result adversely impacts a patient's health or well being. sec.80.8. Disclosure of Financial Interest. Any licensee who refers a patient to another facility for rehabilitation, diagnostic procedures including imaging or any other procedure in which the referring licensee has greater than or equal to 5.0% interest, must inform the patient at the time of the referral that he/she has a financial interest in that facility. Financial interest is defined as any legal or equitable interest including partnership, interest, community property interest, or ownership of shares or bonds of a corporation. sec.80.9. Records. (a) A licensee shall make, maintain, and keep accurate and adequate records of the history, examination, or evaluation, the analysis or diagnosis and the recommendations and treatment performed for and upon each of his/her patients for a period of not less than five years following the completion of the treatment or last service rendered. (b) All records or copies of records, including x-rays or copies of x-rays, shall be made available to the patient, parent, or legal guardian if the patient is a minor, another licensed health care provider, or any other designee of that patient. For purposes of this subsection: (1) "records" shall include records pertaining to the history, examination, diagnosis, treatment, daily progress notes, or other information pertinent to that patient's condition; (2) consent for the release of records must be in writing and signed by the patient, parent or legal guardian of a minor, or personal representative if the patient is deceased; (3) license shall transfer or furnish records in a timely manner not to exceed 10 days from the date of receipt of request for records; (4) transfer of records or copies of records shall not exceed an incurred or reasonable status, i.e. workman's compensation or courthouse costs. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 3, 1991. TRD-9110954 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 343-1895 Part XV. Texas State Board of Pharmacy Chapter 291. Pharmacies Community Pharmacy (Class A) 22 TAC sec.sec.291.32-291.34 The Texas State Board of Pharmacy proposes amendments to ssec.291.32, 291. 33, and 291.34, concerning personnel, operational standards, and records in a Class A (Community) Pharmacy. These proposed amendments, if adopted, will allow a pharmacist other than the pharmacist-in-charge to sign the record of training for supportive personnel and make several nonsubstantive corrections to the existing rules. Fred S. Brinkley, Jr., R.Ph., executive director/secretary, has determined that there will be no fiscal implications as a result of enforcing or administering the section. Mr. Brinkley also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be to protect the public health and welfare through the establishment of minimum standards for the operation of Class A pharmacies. 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 Fred S. Brinkley, Jr., R.Ph., Texas State Board of Pharmacy, 8505 Cross Park Drive, Suite 110, Austin, Texas 78754-4594, (512) 832-0661. The amendments are proposed under the Texas Pharmacy Act, sec.sec.16, 17(b)(3), and 17(o) Texas Civil Statutes, (Article 4542a-1) which provides the Texas State Board of Pharmacy with the authority to: adopt rules for the proper administration and enforcement of the Act; specify minimum standards for professional environment, technical equipment, and security in the dispensing are; and (c) establish rules for the use of supportive personnel and duties of those personnel in pharmacies licensed by the agency. sec.291.32. Personnel. (a)-(b) (No change) (c) Supportive personnel. (1)-(3) (No change) (4) Training. (A)-(B) (No change) (C) A written record of initial and in-service training of supportive personnel shall be maintained and contain the following information: (i)(iv) (No change.) (v) signature of the supportive person and the pharmacist-in-charge or other pharmacist employed by the pharmacy and designated by the pharmacist-in-charge as responsible for training of supportive personnel. (d) (No change) sec.291.33. Operational Standards. (a)-(e) (No change) (f) Drugs. (1)-(2) (No change) (3) Nonprescription Schedule V controlled substances. (A)-(B) (No change) (C) A record of such distribution shall be maintained by the pharmacy in a bound record book. The record shall contain the following information: (i)-(ii) (No change) (iii) name and quantity of controlled substance purchased; (iv)
                                                                                                                                                                                                                                                              [(iii)] date of each purchase; and (v)
                                                                                                                                                                                                                                                                [(iv)] signature or written initials of the distributing pharmacist. (g)-(h) (No change) sec.291.34. Records (a)-(b) (No change) (c) Prescription drug order records maintained in a manual system. (1) Original prescriptions shall be maintained in three files as specified in subsection (b)(6)(D)
                                                                                                                                                                                                                                                                  [(b)(4)(D)] of this section. (2)-(4) (No change) (d) Prescription drug order
                                                                                                                                                                                                                                                                    records maintained in a data processing system. (1) General requirements for records maintained in a data processing system. (A) (No change) (B) Original prescriptions. Original prescriptions shall be maintained in three files as specified in subsection (b)(6)(D)
                                                                                                                                                                                                                                                                      [(b)(4)(D)] of this section. (C) -(E) (No change) (2)-(5) (No change) (e)-(j) (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 6, 1991. TRD-9110985 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 832-0661 Institutional Pharmacy (Class C) 22 TAC sec.291.73, sec.291.76 The Texas State Board of Pharmacy proposes amendments to s291.73 and sec.291.76, concerning personnel in a Class C pharmacy and Class C pharmacies located in a free standing ambulatory surgical center. These proposed amendments, if adopted, would allow a pharmacist other than the pharmacist-in-charge of the pharmacy to sign the record of training for supportive personnel. Fred S. Brinkley, Jr., R.Ph., executive director/secretary, has determined that there will not be fiscal implications as a result of enforcing or administering the sections. Mr. Brinkley, 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 protection of the health and welfare of the citizens of Texas by the establishment of minimum standards for the operation of Class C pharmacies. 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 Fred S. Brinkley, Jr., R.Ph., Executive Director/Secretary, Texas State Board of Pharmacy, 8505 Cross Park Drive, Suite 110, Austin, Texas 78754-4594, (512) 832-0661. The amendments are proposed under sec.16, and the Texas Pharmacy Act (Article 4542a-1), sec.17(b)(3), and (o), which provides the Texas State Board of Pharmacy with the authority to: adopt rules for the proper administration and enforcement of the Act; specify minimum standards for professional environment, technical equipment, and security in the dispensing area; and establish rules for the use of supportive personnel and duties of those personnel in pharmacies licensed by the agency. sec.291.73. Personnel. (a)-(d) (No change.) (e) Supportive personnel. (1)-(3) (No change) (4) Training. (A)-(C) (No change) (D) A written record of initial and in-service training of supportive personnel shall be maintained and contain the following information: (i)-(iv) (No change.) (v) signature of the supportive person and the pharmacist-in-charge or other pharmacist employed by the pharmacy and designated by the pharmacist-in-charge as responsible for training of supportive personnel. (f) (No change.) sec.291.76. Class C Pharmacies Located in a Free Standing Ambulatory Surgical Center. (a)-(b) (No change.) (c) Personnel. (1) -(3) (No change.) (4) Supportive personnel. (A)-(C) (No change.) (D) Training. (i)-(iii) (No change.) (iv) A written record of initial and in-service training of supportive personnel shall be maintained and contain the following information: (I) -(IV) (No change.) (V) signatures of the supportive person and the pharmacist-in-charge or other pharmacist employed by the pharmacy and designated by the pharmacist-in-charge as responsible for training of supportive personnel. (5) (No change.) (d)-(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 6, 1991. TRD-9110987 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 832-0661 Clinic Pharmacy (Class D) 22 TAC sec.291.91, sec.291.93 The Texas State Board of Pharmacy proposes amendments to s291.91 and sec.291.93, concerning definitions and operational standards. These rules, if adopted, will amend the definition of "indigent" and the criteria currently necessary for a Class D Pharmacy to be eligible to maintain an expanded formulary. The amendments also specify the criteria the agency may consider in approving or disapproving the petition for an expanded formulary. Fred S. Brinkley, Jr., R.Ph., executive director/secretary has determined that there will be no fiscal implications as a result of enforcing or administering the sections. Mr. Brinkley 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 protection of the public health and welfare through the establishment of minimum standards for the operation of Class D Pharmacies. 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 Fred S. Brinkley, Jr., R.Ph., Texas State Board of Pharmacy, 8505 Cross Park Drive, Suite 110, Austin, Texas 78754-4594, (512) 832-0661. The amendments are proposed under the Texas Pharmacy Act, sec.16 and sec.17 (Texas Civil Statutes, Article 4542a-1) which provides the Texas State Board of Pharmacy with the authority to: adopt rules for the proper administration and enforcement of the Act; specify minimum standards for professional environment, technical equipment, and security, in the prescription dispensing area; specify minimum standards for drug storage, maintenance of prescription drug records and procedures for the delivery, dispensing in a suitable container appropriately labeled, or providing of prescription drugs or devices within the practice of pharmacy. sec.291.91. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Act-The Texas Pharmacy Act, [House Bill 1628, Acts of the 67th Legislature, 1981,] Texas Civil Statutes, Article 4542a-1, as amended. Controlled substance -A drug, immediate precursor, or other substance listed in Schedules I-V or Penalty Groups 1-4 of the Texas Controlled Substances Act, as amended [(Texas Civil Statutes, Article 4476-15),] or a drug, immediate precursor, or other substance included in Schedule I, II, III, IV, or V of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended (Public Law 91-513). Indigent-Person who meets or falls below 185%
                                                                                                                                                                                                                                                                        [100%] of federal poverty income guidelines as established from to time by the United States Department of Health and Human Services. Practitioner- (A) A physician, dentist, podiatrist, veterinarian, or other person licensed or registered to distribute or dispense a prescription drug or device in the course of professional practice in this state;
                                                                                                                                                                                                                                                                          [or] (B) a person licensed by another state in a health field in which, under Texas law, licensees in this state may legally prescribe dangerous drugs[.] or a person practicing in another state and licensed by another state as a physician, dentist, veterinarian, or podiatrist, having a current federal drug enforcement administration registration number, and who may legally prescribe Schedule II, III, IV, or V controlled substances in such other state; or (C) A person licensed in the Dominion of Canada or the United Mexican States in a health field in which, under the laws of this state, a licensee may legally prescribe dangerous drugs;
                                                                                                                                                                                                                                                                            [Practitioner] (D) Does not include a person licensed under the Act. Texas Controlled Substances Act-The Texas Controlled Substances Act, Health and Safety Code, Chapter 481, as amended. sec.291.93. Operational Standards. (a)-(d) (No change.) (e) Drugs and devices. (1) Formulary. (A)-(C) (No change.) (D) Clinics with a patient population which consists of at least 80%
                                                                                                                                                                                                                                                                              [85%] indigent patients may petition the board to operate with a formulary which includes types of drugs and/or devices, other than those listed in subparagraph (B) of this paragraph based upon documented objectives of the clinic, under the following conditions. (i) (No Change.) (ii) Such petition shall be resubmitted annually in conjunction with the application for renewal of the pharmacy license. (I) (No change.) (II) If at the time of renewal of the pharmacy license, the patient population for the previous fiscal year or calendar year is below 80%
                                                                                                                                                                                                                                                                                [85%] indigent patients, the clinic shall be required to submit an application for a Class A pharmacy license or shall limit the clinic formulary to those types of drugs and/or devices listed in subparagraphs (B) and (C) of this paragraph (iii) (No change.) (iv) The board may consider the following items in approving or disapproving a petition for an expanded formulary: (I) the degree of compliance on past compliance inspections; (II) the size of the patient population of the clinic; (III) the number and types of drugs contained in the formulary; and (IV) the objectives of the clinic. (2)-(6) (No change.) (7) Dispensing. Dangerous drugs may only be dispensed by a pharmacist pursuant to a prescription order in accordance with sec.sec.291. 31-291.36 of this title (relating to Community Class A
                                                                                                                                                                                                                                                                                  [D] Pharmacy). (f)-(h) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 6, 1991. TRD-9110992 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 832-0661 Part XXII. Texas State Board of Public Accountancy Chapter 503. Definitions 22 TAC sec.503.1 (Editor's Note: The Texas State Board of Public Accountancy 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 State Board of Public Accountancy proposes the repeal of sec.503.1, concerning definitions. The rule defines concepts which are already defined in other sections. William Treacy, executive director, 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. Treacy, 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 the rules will be clearer and less redundant. 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. Comments on the proposal may be submitted to J. Randel (Jerry) Hill, General Counsel, 1033 La Posada, Suite 340, Austin, Texas 78752-3892. The repeal is proposed under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to definitions used in the rules of professional conduct. 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-9110814 William Treacy Executive Director Texas State Board of Public Accountancy Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 450-7066 TITLE 28. INSURANCE Part I. State Board of Insurance Chapter 5. Property and Casualty Insurance Subchapter G. Workers' Compensation Insurance Sale of Substitutes to Workers' Compensation Insurance 28 TAC sec.5.6302 The State Board of Insurance proposes new sec.5.6302, concerning substitutes to workers' compensation insurance. Section 5.6302 was adopted on an emergency basis and became effective on January 31, 1991. Notification of the adoption on an emergency basis appeared in the August 6, 1991, issue of the Texas Register (16 TexReg 4255). The new section is necessary to conform the requirements of the board's rules to legislative enactments concerning workers' compensation insurance, so that certain policies of insurance must contain language that decreases the possibility that a consumer or policyholder may misunderstand the effect of an insurance policy. New sec.5.6302 is to replace repealed sec.5.6301, concerning the sale of alternatives to workers' compensation insurance. The new section provides that no person, agent, or entity may represent any policy of insurance as a substitute for a policy of workers' compensation insurance, nor may any person induce a subscriber to the workers' compensation system to become a non-subscriber in order to sell an insurance policy providing benefits to the employer's employees. Section 5.6302 further requires that all policies of insurance which provide benefits to employees shall include on the face page of the policy a notice indicating that the policy is not a policy of workers' compensation insurance and that the employer does not become a subscriber to the system by purchasing the policy. The new section also requires similar monitory language on policies of insurance, including surplus lines policies, which provide employers liability coverage or which indemnify employers for costs of employee injuries or sickness. This new section also requires a similar disclaimer to appear on certificates issued to the policyholder's employees. Rhonda Myron, deputy insurance commissioner for the life group, has determined that, for the first five-year period the section is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section, and there will be no effect on local employment or local economy. Ms. Myron has also 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 greater assurance of appropriate disclosure about insurance products being purchased and coverages procured as a result of such purchase. The anticipated economic cost to small businesses and other persons required to comply with the section as proposed is negligible, inas-much as any required costs for revising forms should be less than two dollars per policy. On the basis of cost per hour of labor for insurers, there will be no difference in cost of compliance between small businesses and larger businesses. Comments on the proposal may be submitted to Rhonda Myron, Deputy Insurance Commissioner for the Life Group, Mail Code 106-1A, State Board of Insurance, William P. Hobby State Office Building, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. The new section is proposed under the Insurance Code, Article 1.04, which authorizes the State Board of Insurance to determine rules in accordance with the laws of this state; under Texas Civil Statutes, Article 8308, sec.3.42, which allow an employer who is not required to have workers' compensation insurance to obtain insurance coverage on employees so long as the insurance is not represented as providing workers' compensation coverage as authorized by workers' compensation statutes; and under Texas Civil Statutes, Article 6252-13a, sec.4 and sec.5, which authorize and require each state administrative agency to adopt rules of practice setting forth the nature and requirements of available procedures, and which prescribe the procedure for the adoption of rules by any state administrative agency. sec.5.6302. Sale of Substitutes to Workers' Compensation Insurance. (a) No person, agent, or entity may represent any individual or group policy of insurance or other evidences of insurance coverage as a substitute for a policy of workers' compensation insurance nor may any person, agent, or entity represent to an employer that purchase of an individual or group insurance policy or other evidence of insurance coverage providing benefits to the employer's employees: (1) provides the same benefits for either the employee or the employer as are provided by workers' compensation insurance; or (2) limits such employees to a claim for benefits under such policies as the employees' sole remedy against the employer in the event the employee suffers a job related injury or disease. (b) All individual or group policies of insurance or other evidences of insurance coverage which provide benefits to employees and which are marketed to or through (on a franchise, list bill, or other collective basis) employers that have elected, or may in the future elect, to be non-subscribers to the workers' compensation system shall include the following statement in 10-point bold-face type on the first page of the policy and on the first page of all materials used in advertising, marketing, and explaining the policy: "THIS IS NOT A POLICY OF WORKERS' COMPENSATION INSURANCE. THE EMPLOYER DOES NOT BECOME A SUBSCRIBER TO THE WORKERS' COMPENSATION SYSTEM BY PURCHASING THIS POLICY, AND IF THE EMPLOYER IS A NON-SUBSCRIBER, THE EMPLOYER LOSES THOSE BENEFITS WHICH WOULD OTHERWISE ACCRUE UNDER THE WORKERS' COMPENSATION LAWS. THE EMPLOYER MUST COMPLY WITH THE WORKERS' COMPENSATION LAW AS IT PERTAINS TO NON-SUBSCRIBERS AND THE REQUIRED NOTIFICATIONS THAT MUST BE FILED AND POSTED." (c) The group policies of insurance described in subsection (b) of this section shall include the following statement in 10-point bold-face type on the certificate or other evidence of coverage issued to the employees: "THE INSURANCE POLICY UNDER WHICH THIS CERTIFICATE IS ISSUED IS NOT A POLICY OF WORKERS' COMPENSATION INSURANCE. YOU SHOULD CONSULT YOUR EMPLOYER TO DETERMINE WHETHER YOUR EMPLOYER IS A SUBSCRIBER TO THE WORKERS' COMPENSATION SYSTEM." (d) all policies of insurance, including surplus lines policies, or other evidences of insurance coverage which provide employers liability coverage or which indemnify employers for costs of job related employee injuries or sickness in excess of those expended by such employers that have elected to be non-subscribers to the workers' compensation system shall include the following statement in 10-point bold-face type on the first page of the policy and on the first page of all materials used in advertising, marketing, and explaining the policy: THIS IS NOT A POLICY OF WORKERS' COMPENSATION INSURANCE. THE EMPLOYER DOES NOT BECOME A SUBSCRIBER TO THE WORKERS' COMPENSATION SYSTEM BY PURCHASING THIS POLICY, AND IF THE EMPLOYER IS A NON-SUBSCRIBER, THE EMPLOYER LOSES THOSE BENEFITS WHICH WOULD OTHERWISE ACCRUE UNDER THE WORKERS' COMPENSATION LAWS. THE EMPLOYER MUST COMPLY WITH THE WORKERS' COMPENSATION LAW AS IT PERTAINS TO NON-SUBSCRIBERS AND THE REQUIRED NOTIFICATIONS THAT MUST BE FILED AND POSTED." 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 9, 1991. TRD-9111101 Angelia Johnson Assistant Chief Clerk State Board of Insurance Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 463-6327 Part II. Texas Workers' Compensation Commission Chapter 110. General Provisions-Required Notice of Coverage 28 TAC sec.110.106 The Texas Workers' Compensation Commission proposes an amendment to sec.110. 106, concerning notice of coverage status required to be given to new employees. The proposed amendment adds a definition of new employee that tracks federal law and regulations requiring filing of tax and immigration status information, to exclude those employees not considered "new employees" by the federal government; and excludes the requirement of personal notice for employees recruited in Texas, to work outside Texas, if the notice is posted at the place of hire and the actual workplace. The amendment is proposed pursuant to a rulemaking petition submitted on behalf of certain employers, for the purpose of reducing the expense of administering the notice provisions of the section as originally adopted. Andrew Thigpen, associate director, financial management, 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 is no anticipated impact on employment, locally or statewide, as a result of implementing this amendment. 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 reduction in employers' costs of administering the notice provisions of the section. There will be no effect on small or large 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 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 amendment is proposed under Texas Civil Statutes, Article 8308-2.09(a), which authorize the commission to adopt rules necessary to administer the Texas Workers' Compensation Act. sec.110.106. Employer's Notice to New Employees. (a)-(b) (No change.) (c) For the purposes of this rule, the term "new employee" means an employee who: (1) is required by federal law to complete both a W-4 form and an I-9 form; or (2) has a break in service with an employer and is required by federal law to complete a W-4 form on the first day the employee reports back to duty for the employer. (d) For the purposes of this rule, the term "new employee" excludes an employee recruited in Texas to perform services outside Texas if: (1) the place of hire is outside Texas; and (2) the notice of coverage is posted at conspicuous locations at the place of hire and at the place of business where the employee performs the services as necessary to provide reasonable notice to the employee. (e)
                                                                                                                                                                                                                                                                                    [(c)] The commission strongly encourages each employer to keep a copy of the notice provided to each employee under this rule. The copy may be signed and dated by the employer and the new employee. (f)
                                                                                                                                                                                                                                                                                      [(d)] An employer who does not furnish the notice required by this rule may be assessed an administrative penalty, not to exceed $500, under the Texas Workers' Compensation Act, sec.3.24. 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 9, 1991. TRD-9111077 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 440-3972 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 335. Industrial Solid Waste and Municipal Hazardous Waste Subchapter E. Interim Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities 31 TAC sec.335.112 The Texas Water Commission (TWC) proposes an amendment to sec.335.112, concerning industrial solid waste and municipal hazardous waste. The TWC proposes an amendment to sec.335.112, Subchapter E, concerning interim standards for owners and operators of hazardous waste storage, processing, or disposal facilities in order to clarify the regulations which have been adopted by reference by removing the old dates of adoption and to clearly conform to the federal rules. Section 335.112 is amended by: correcting the date of the most recent publication of the Solid Waste Disposal Act; and deleting the reference to those regulations contained in 40 Code of Federal Regulations (CFR) Part 265, which were in effect as of June 4, 1987, and adopting by reference the regulations in 40 CFR Part 265 as amended and adopted in the CFR through June 1, 1990, and including the Federal Register reference. Section 335.112(a)(1), (6), and (7) are amended by deleting the reference to amendments of August 14, 1989. Subsection (a)(7) of this section is also amended by deleting the reference to sec.264.151(h)(2), as this subsection is included in sec.265.147(g)(2), and by deleting the reference to amendments of December 12, 1987. 1991
                                                                                                                                                                                                                                                                                        [1990]), or the rules of the commission (including the provisions set forth in this subchapter), the following regulations contained in 40 Code of Federal Regulations Part 265 (including all appendices to Part 265) [which are in effect as of June 4, 1987 (except as otherwise specified herein)], are adopted by reference[:] as amended and adopted in the Code of Federal Regulations through June 1, 1990 (see 55 FedReg 22685): (1) Subpart B-General Facility Standards[, including amendments as of August 14, 1989]; (2)-(5) (No change.) (6) Subpart G-Closure and Post-Closure[, including amendments as of August 14, 1989]; except 40 Code of Federal Regulations, sec.265.112(d)(3) and (4) and sec.265.118(e) and (f); (7) Subpart H-Financial Requirements[, including amendments as of August 14, 1989]; except 40 Code of Federal Regulations, sec.265.142(a)(2); and facilities qualifying for a corporate guarantee for liability are subject to sec.265.147(g)(2) [and sec.264.151(h)(2), as amended December 12, 1987]; (8)-(9) (No change.) (10) Subpart K-Surface Impoundments[, except 40 Code of Federal Regulations, sec.265.221(d)(1) which is adopted by reference as in effect on September 25, 1990]; (11) (No change.) (12) Subpart M-Land Treatment, except 40 Code of Federal Regulations, sec.sec.265.272, 265.279, and 265.280[, provided, however, that sec.265.273(a) is adopted by reference as in effect on September 25, 1990]; (13)-(16) (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 9, 1991. TRD-9111022 Jim Haley Director, Legal Division Texas Water Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 463-8069 Subchapter F. Permitting Standards for Owners and Operators of Hazardous Waste Storage, Processing, or Disposal Facilities 31 TAC sec.335.152 The Texas Water Commission (TWC) proposes an amendment to sec.335.152, concerning industrial solid waste and municipal hazardous waste. The TWC proposes an amendment to sec.335.152, Subchapter F, concerning permitting standards for owners and operators of hazardous waste storage, processing, or disposal facilities in order to conform to the federal rules by clarifying which regulations have been adopted by reference. Section 335.152 is amended to: delete the reference to June 4, 1987, which was the date of adoption by reference of 40 Code of Federal Regulations (CFR) Part 264; and add adoption by reference of 40 CFR Part 264 as amended and adopted in the Code of Federal Regulations through June 1, 1990, and to add a reference to the Federal Register. Subsection (a)(1) of this section is amended to delete references to August 14, 1989 and January 1, 1988 amendments, and to add that facilities subject to regulation under 40 CFR Part 264 Subpart X are subject to 40 CFR, sec.264.15(b)(4) and sec.264.18(b)(1)(ii). Subsection (a)(4) of this section is amended by adding the word "part" to 40 CFR 264, and by deleting a reference to amendments of January 1, 1988. Subsection (a)(5) of this section is amended by deleting a reference to amendments of August 14, 1989. An incorrect reference to sec.264.118(b)(2)(k) has been deleted and the correct reference to sec.264.118(b)(2)(i) has been added. Subsection (a)(6) of this section is amended by deleting a reference to amendments of August 14, 1989, January 1, 1988, and December 12, 1987. Karen Phillips, chief fiscal officer, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Phillips also has determined that for each year of the first five years the section is in effect the public benefit anticipated will not be affected as a result of enforcing the sections as proposed. 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 proposed amendments may be submitted to Sally Jo Hahn, Legal Division, Texas Water Commission, P.O. Box 13087, 1700 North Congress Avenue, Austin, Texas 78711-3087, (512) 463-8069. The amendment is proposed under the Texas Water Code, sec.5.103 and sec.5.105, which provides the Texas Water Commission with the authority to adopt any rules necessary to carry out its powers and duties under the Water Code and other laws of this state and to establish and approve all general policies of the commission. The amendment is also proposed under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, sec.361.024(a) (Vernon Supplement 1990), which authorizes the commission to adopt and promulgate rules consistent with the general intent and purposes of the Act and to establish minimum standards of operation for all aspects of the management and control of municipal hazardous waste and industrial solid waste including rules relating to the permitting standards for hazardous waste storage, processing, or disposal facilities. Under the Texas Solid Waste Disposal Act, sec.361.017(a) and (b), the Texas Water Commission is designated the state solid waste agency with respect to the management of all industrial solid waste and hazardous municipal waste and is required to seek the accomplishment of the purposes of the Act through the control of all aspects of industrial solid waste and municipal hazardous waste management by all practical and economically feasible methods consistent with the powers and duties prescribed under the Act and other existing legislation. Section 361.017(c) also grants to the commission the powers and duties specifically described in the Act and all other powers necessary or convenient to carry out its responsibilities. sec.335.152. Standards. (a) Except to the extent that they are clearly inconsistent with the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 (Vernon) and the rules of the commission (including the provisions set forth in this subchapter), the following regulations contained in 40 Code of Federal Regulations Part 264 (including all appendices to Part 264), [which are in effect as of June 4, 1987,] are adopted by reference[:] as amended and adopted in the Code of Federal Regulations through June 1, 1990 (see 55 FedReg 22685): (1) Subpart B-General Facility Standards[, including amendments of August 14, 1989]; in addition, the facilities which are subject to 40 Code of Federal Regulations Part 264 Subpart X are
                                                                                                                                                                                                                                                                                          subject to regulation under 40 Code of Federal Regulations, sec.264.15(b)(4) and sec.264. 18(b)(1)(ii) [as amended January 1, 1988]; (2)-(3) (No change.) (4) Subpart E-Manifest System, Recordkeeping, and Reporting, except 40 Code of Federal Regulations, sec.sec.264.71, 264.72, 264.75, 264.76 and 264.77; facilities which are subject to 40 Code of Federal Regulations Part
                                                                                                                                                                                                                                                                                            264 Subpart X are subject to 40 Code of Federal Regulations, sec.264.73(b)(6) [as amended January 1, 1988]; (5) Subpart G-Closure and Post-Closure[, including amendments of August 14, 1989]; facilities which are subject to 40 Code of Federal Regulations Part 264 Subpart X are subject to 40 Code of Federal Regulations, sec.sec.264.90(d), 264.111(c), 264.112(a)(2), 264.114, 264.117(a)(1)(i) and (ii), and 264.118(b)(1) and [, (2)(k)] (2)(i)
                                                                                                                                                                                                                                                                                              , and (ii), (6) Subpart H-Financial Requirements[, including amendments of August 14, 1989]; except 40 Code of Federal Regulations, sec.264.142(a)(2); facilities which are subject to 40 Code of Federal Regulations Part 264 Subpart X are subject to 40 Code of Federal Regulations, sec.sec.264.142(a), 264.144(a) and 264. 147(b) [, as amended January 1, 1988]; and facilities which qualify for the corporate guarantee for liability are additionally subject to sec.264.147(g)(2) and sec.264.151(h)(2) [, as amended December 12, 1987]; (7)-(14) (No change.) (b)-(c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on September 9, 1991. TRD-9111021 Jim Haley Director, Legal Division Texas Water Commission Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 463-8069 Part X. Texas Water Development Board Chapter 377. Hydrographic Survey Program Rules 31 TAC sec.sec.377.1-377.5 The Texas Water Development Board (board) proposes new ssec.377.1-377.5, concerning the board's hydrographic survey program under authorization of the Texas Water Code, Chapter 15, Subchapter L. The new sections will allow implementation of the hydrographic survey program, wherein the board will provide hydrographic services to political subdivisions under contract which will recover the board's cost of service. Susan Morgan, director of finance, has determined that for the first five-year period the sections are in effect there will be fiscal implications for state or local government as a result of enforcing or administering the sections. There will be fiscal implications on state government as a result of enforcing or administering the sections with the estimated additional costs to state government approximately $320,000 for the first year the sections will be in effect and approximately $120,000 for each of the next four years. Estimated additional revenue to state government will be approximately $100,000 for the first year the program will be in effect and approximately $200,000 for each of the next four years. The effect on local government for the first five-year period the sections will be in effect will be a reduction in the cost of providing hydrographic surveys of approximately $120,000 in the first year the program will be in effect and $300,000 annually in the next four years. There will be no increased costs to local government as a result of enforcing or administering the sections as adopted. There will be no fiscal implication on small businesses. The agency has determined there will be no impact on local economies from the administration and enforcement of these sections. Written comments on the proposal may be submitted to: Tony Bagwell, Assistant Director of Planning, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231. Comments will be accepted for 30 days following publication. The new sections are proposed under the Texas Water Code, sec.6.101, which provides the board with the authority to adopt rules necessary to carry out its powers and duties and sec.15.804 and sec.15.805, which require the board to prescribe fees by rule and which allow the board to adopt rules necessary to administer the hydrographic survey program. sec.377.1. Scope of Subchapter. This subchapter shall govern the board's program of technical assistance for hydrographic surveys established by Texas Water Code, Chapter 15, Subchapter L. sec.377.2. Definitions. Words and terms used in this subchapter shall have the meanings provided by Chapter 15 if such term is therein defined. sec.377.3. Studies. (a) The executive administrator may negotiate and execute receivable contracts with political subdivisions from hydrographic survey account of the water assistance fund to conduct hydrographic surveys and deliver reports thereon, including, but not limited to, the following: (1) determining and delineating the form and position of body of water; (2) evaluating the profiles and capacities of a water body; (3) evaluating available water supplies; (4) evaluating levels, rates, and quality of sediment levels; (5) mapping of bathymetric contours, obstructions to navigation or other specialized hydrographic mapping; (6) processing, archiving, retrieving and providing hydrographic data; and (7) potential mitigative measures. (b) The executive administrator may determine priorities when scheduling conflicts exist between competing applications for hydrographic services. sec.377.4. Charges for Services. The executive administrator shall develop and implement, with board approval, a user charge schedule for conducting hydrographic surveys, which shall recover the board's costs to conduct the surveying program, including capital equipment and personnel. The charges for services shall be based upon reasonable and equitable cost-recovery principles. At least once every two years, the executive administrator shall review and obtain board approval of the user charge schedule. sec.377.5. Program Review.
                                                                                                                                                                                                                                                                                                At least once every two years, the executive administrator shall report to the board on the status of the program, including services rendered and the financial status of the hydrographic survey account. 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 5, 1991. TRD-9110938 Suzanne Schwartz General Counsel Texas Water Development Board Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 463-7981 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter O. State Sales and Use Tax 34 TAC sec.3.338 The Comptroller of Public Accounts proposes an amendment to sec.3.338, concerning allowance of credit for tax paid to suppliers. The amendment reflects differences between credits for tax paid to suppliers by sellers, persons providing taxable services, and contractors. Tom Plaut, chief revenue estimator, has determined that for the first five-year period the proposed section will be in effect there will be no significant revenue impact on the state or local government as a result of enforcing or administering the section. 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 administering the section will be in providing new information regarding tax responsibilities. There is no anticipated economic cost to persons who are required to comply with the proposed section. Comments on the proposal may be submitted to Lucy Glover, Manager, Tax Administration Division, P.O. Box 13528, Austin, Texas 78711. The amendment is proposed under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. sec.3.338. Allowance of Credit for Tax Paid to Suppliers. (a) Sellers, taxable service providers, and
                                                                                                                                                                                                                                                                                                  [Credit for tax paid to suppliers by] persons other than contractors [or repairmen]. (1) Except as provided in paragraphs (2) and (3) of this subsection, credit may be claimed on the purchaser's return for tax paid to suppliers if the taxable items were resold prior to making a taxable use of the items. See s3. 285 of this title (relating to Resale Certificate; Sales for Resale)
                                                                                                                                                                                                                                                                                                    [Texas sales and use tax paid to a supplier (which the supplier is required to pay to the state) on taxable items may be claimed as a credit by the purchaser on his return against other sales and use tax the purchaser may be required to report when the taxable item on which the tax was paid was resold prior to making any use of such item]. (A) Before taking credit on a return, the taxpayer must have a receipt from a Texas retailer or other seller authorized to collect the Texas sales and use tax. The receipt must reflect the tax paid and the selling price of the taxable items
                                                                                                                                                                                                                                                                                                      [As used herein, "resale" includes sale in the same form or condition in which it is purchased, or as an attachment to or integral part of other tangible personal property which is resold, or as an integral part of a taxable service]. (B) Credit may be claimed on a return for a later reporting period or by filing an amended return for the reporting period in which the tax was accrued and paid in error. (2)
                                                                                                                                                                                                                                                                                                        [(B)] Credit may not be claimed on a purchaser's return for tax
                                                                                                                                                                                                                                                                                                          [Tax] paid to a supplier on items on which tax is not due or at rates in excess of the rate that the supplier is required to pay [may not be claimed as a credit on the purchaser's return]. The tax must be recovered from the seller. (3)
                                                                                                                                                                                                                                                                                                            [(C)] Tax paid to a supplier on taxable items which the purchaser does not resell may not be claimed as a credit on the purchaser's return. Such tax must be recovered from the seller. The following are examples. (A)[(i)] Tangible personal property necessarily used or consumed during an actual manufacturing, processing, or fabricating operation is not "resold" when the end product of the manufacturing process is itself sold. Therefore, tax paid on tangible personal property which is subsequently used or consumed in an actual manufacturing, processing, or fabricating operation may not be claimed as a credit on the purchaser's (manufacturer's) return. (B)[(ii)] Wrapping, packing, or packaging materials used for the purpose of expediting or furthering in any way the sale of tangible personal property is not "resold" when the [subject] tangible personal property is itself sold. Therefore, tax paid on the wrapping, packing, or packaging materials may not be claimed as a credit on the purchaser's return. (4)
                                                                                                                                                                                                                                                                                                              [(2)] Local sales and use tax credit may also be claimed but only when the tax paid to the supplier was for the same local taxing jurisdiction
                                                                                                                                                                                                                                                                                                                [city] to which the taxpayer (purchaser) is required to remit tax. Local sales or use tax paid to a supplier in a local taxing jurisdiction
                                                                                                                                                                                                                                                                                                                  [city] other than the one in which the taxable items are subsequently resold must be recovered from the supplier. Local tax due the same local taxing jurisdiction
                                                                                                                                                                                                                                                                                                                    [city] may be reduced by the amount of previously paid tax. [(3) Prior to taking credit on his return, the taxpayer must have a receipt from a Texas retailer or other seller licensed to collect the Texas sales and use tax. The receipt must reflect the tax paid and the selling price of the tangible items. [(4) Credit may be claimed on a return for a later period or by filing an amended return for tax accrued and paid in error by the taxpayer. [(5) Adjustments to tax payable on sales should be made by including the purchase price on which the tax was paid in "deductions." Use tax purchases may be reduced by the purchase price on which tax was erroneously accrued.] (b) Credit for tax paid to suppliers by certain contractors and repairmen. For the definition of contractor and separated contracts, see sec.3.291 of this title (relating to Contractors). (1) A contractor improving real property under a separated contract may claim credit on the contractor's return for
                                                                                                                                                                                                                                                                                                                      Texas sales and use tax paid to a supplier on taxable items incorporated into the property being improved
                                                                                                                                                                                                                                                                                                                        [by a purchaser (contractor or repairman) may be claimed as a credit on the purchaser's return against any sales or use tax liability incurred as a result of a subsequent incorporation of the taxable items into real estate upon which an improvement is performed or into taxable items upon which a repair service is performed, pursuant to the terms of a segregated contract]. [(A) As used in this section, a segregated contract means a contract which specifies separate amounts applicable to the performance of an improvement to realty or a repair service and the furnishing of the materials (taxable items).] [(B)] No credit may be taken on the contractor's
                                                                                                                                                                                                                                                                                                                          [purchaser's] return [for tax paid to supplier on taxable items] when no sales or use tax liability is incurred in the subsequent incorporation of the taxable items into real property
                                                                                                                                                                                                                                                                                                                            [estate upon which an improvement is performed or into other taxable items upon which a repair service is performed]. For example, no sales or use tax liability is incurred when the contract is
                                                                                                                                                                                                                                                                                                                              [in the incorporation of taxable items in real estate during the performance of a segregated contract] with an exempt organization [for improvements to real estate]. Therefore, tax paid to a supplier for [the preceding] taxable items may not be claimed as a credit on the contractor's
                                                                                                                                                                                                                                                                                                                                [purchaser's (contractor's)] return. [(2) Responsibilities of repairmen. For details on the tax responsibilities of repairmen, see sec.3.292 of this title (relating to Repairs, Remodeling, Maintenance, and Restoration of Tangible Personal Property).] (2)
                                                                                                                                                                                                                                                                                                                                  [(3)] Local sales and use tax credit may also be claimed but only when the tax paid to the supplier was for the same local taxing jurisdiction
                                                                                                                                                                                                                                                                                                                                    [city] to which the contractor
                                                                                                                                                                                                                                                                                                                                      [taxpayer (purchaser)] is required to remit tax. Local sales or use tax paid to a supplier in a local taxing jurisdiction
                                                                                                                                                                                                                                                                                                                                        [city] other than the one in which the taxable items are subsequently resold must be recovered from the supplier. Local tax due the same local taxing jurisdiction
                                                                                                                                                                                                                                                                                                                                          [city] may be reduced by the amount of previously paid tax. (4) Credit for tax paid to supplier will be limited to the amount of tax otherwise due to be reported by the contractor
                                                                                                                                                                                                                                                                                                                                            [taxpayer (contractor or repairman)] on the subsequent incorporation of the same tangible personal property on which tax was paid to the supplier into real property
                                                                                                                                                                                                                                                                                                                                              [estate] upon which an improvement is performed [or into tangible personal property upon which a repair service is performed]. (5) Before
                                                                                                                                                                                                                                                                                                                                                [Prior to] taking credit on the contractor's
                                                                                                                                                                                                                                                                                                                                                  [his] return, the contractor
                                                                                                                                                                                                                                                                                                                                                    [taxpayer] must have receipts from a Texas retailer or other seller licensed to collect the Texas sales or use tax. The receipt must reflect the tax paid and the selling price of the taxable items. (6) Credit may be claimed on a return for a later period or by filing an amended return for tax accrued and paid in error by the contractor
                                                                                                                                                                                                                                                                                                                                                      [taxpayer]. [(7) Adjustments to tax payable on sales should be made by including the purchase price on which the tax was paid in "deductions." Use tax purchases may be reduced by the purchase price on which tax was erroneously accrued.] (c) Responsibilities of persons repairing motor vehicles and private aircraft. For details on the tax responsibilities of persons repairing motor vehicles and private aircraft, see sec.3.359 of this title (relating to Motor Vehicles and Private Aircraft). Persons repairing motor vehicles and private aircraft may claim credit on their returns for tax paid to suppliers only if the repairs are performed under separated contracts. (d)
                                                                                                                                                                                                                                                                                                                                                        [(c)] Effect of ruling on taxpayer's rights to other deductions. Nothing in this section shall be construed as limiting the taxpayer's right to the deductions for bad debts, repossessions, returned sales, or renegotiated selling price as provided in the statutes or other sections. 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 6, 1991. TRD-9110932 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Earliest possible date of adoption: October 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.233.113 The Commission on Fire Protection Personnel Standards and Education proposed the repeal of sec.233.113, concerning minimum standards for basic fire and arson investigation personnel certification. This repeal is proposed to become effective for the commission April 1, 1992, to coincide with the proposed adoption of a new sec.233.113, with the same effective date, which will contain new minimum standards for basic fire and arson investigation personnel as developed by the commission. K. R. Ethridge, field representative, 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. Ethridge 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 clarification of certification requirements for fire and arson investigation personnel. 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. 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 repeal is 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.233.113. Minimum Standards for Basic Fire and Arson Investigation Certification. 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-9110902 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 837-9851 The Commission on Fire Protection Personnel Standards and Education proposes new sec.233.113, concerning minimum standards for certification of basic fire and arson investigation personnel. The sections will have an effective date for the commission of April 1, 1992, and will replace the repealed sec.233.113, pertaining to the same topic. K. R. Ethridge, field representative, has determined that for the first five-year period the section is in effect there will be fiscal implications as a result of enforcing or administering the section. There will be no effect on state government. The effect on local government entities will be an approximate 34% increase in the required hours of training for certification of fire and arson investigation personnel. Mr. Ethridge also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be better trained personnel assigned to fire and arson investigation duties throughout the state. There will be no effect on small businesses. Persons who are required to comply with the section as proposed will be required to complete 30 more hours of training than is presently required. Comments on this 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 new section is 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.233.113. Minimum Standards for Basic Fire and Arson Investigation Certification. (a) The effective date of this section shall be April 1, 1992. All training courses started after the effective date of this section that are intended to satisfy the curriculum requirements for basic fire and arson investigator certification, must meet the class hours, subjects, and competencies required by this section. (b) All full-time, full-paid fire and arson investigators employed by any local government entity in Texas must be certified by the commission. (c) In order to be certified by the commission the applicant must: (1) possess a current basic peace officer's certificate and license from the Commission on Law Enforcement Officers Standards and Education; and (2) hold a current commission as a peace officer with the employing entity for which the fire and arson investigations will be done; and (3) successfully complete the training requirements specified in subsection (d) of this section, concerning fire and arson investigation personnel; and (4) successfully pass a competency examination, administered by the commission as specified in Chapter 241 of this title (relating to Examinations for Certification). (d) Applicants for certification must complete all requirements and be certified within one year from the date of initial appointment to such position. (e) An individual may satisfy the curriculum requirements for certification as a fire and arson investigator by any one of the following: (1) successful completion of the following subjects as part of an accredited college program: [graphic] (2) successful completion of the national fire academy resident fire and arson investigator course; (3) successful completion of 120 class hours of instruction in the curriculum, as specified in Chapter 5, sec.sec.501-522, of the Commission Certification Curriculum Manual pertaining to basic curriculum for fire and arson investigation personnel, as adopted by reference in sec.247.9 of this title (relating to Adoption by Reference); (4) successful completion of an out-of-state training program which has been submitted to the commission for evaluation and found to meet the curriculum requirements as listed in paragraph (3) of this subsection pertaining to curriculum requirements for fire and arson investigation personnel. (f) Persons possessing a current fire and arson investigator certificate shall be required to acquire 20 class hours of continuing education as specified in sec.243.15 of this title (relating to Continuing Education for Fire and Arson Investigation Personnel). 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-9110903 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 837-9851 Chapter 241. Examinations for Certification 37 TAC sec.241.3 The Commission on Fire Protection Personnel Standards and Education proposes an amendment to sec.241.3, concerning examinations for certification. The amendments will add testing requirements for certification of 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 fiscal implications as a result of enforcing or administering these sections. The effect on state government for the first five-year period the sections will be in effect is estimated to be minimal due to the fact that there will be a cost recovery charge for each examination, estimated to be from $50 to $100. The effect on local government for the first five-year period that the sections will be in effect is dependent upon local government policy. If a local government entity chooses to employ fire protection, inspection, or investigation personnel, who have already met the training and examination requirements of these sections, there will be no fiscal implications for that entity. If a local government entity chooses to employ individuals as fire protection, inspection, or investigation personnel who have not met the requirements of these sections, and if the entity chooses to bear the cost of this section for the individual, then the cost to the entity will be a one time cost per examination, estimated to be in a range from $50 to $100 for each individual examined. Mr. Ethridge also has determined that for each of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section as proposed will be 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. There will be no effect on small businesses. The economic cost to persons who are required to comply with the section as proposed will be dependent upon the cost of administrating the program. It is estimated that the cost per examination would be in a range from $50 to $100. Comments on this 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 amendment is 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.241.3. Requirements-General. (a) In order to be certified by the commission in any of the following disciplines,
                                                                                                                                                                                                                                                                                                                                                          [as structure fire protection personnel,] an individual must complete an approved curriculum as required for that discipline and pass a commission examination pertaining to that discipline as specified in paragraphs (1)-(4) of this subsection:
                                                                                                                                                                                                                                                                                                                                                            [.] (1) structure fire protection personnel-written and performance examination; (2) aircraft rescue and fire protection personnel-written and performance examination; (3) fire inspection personnel-written examination only; (4) fire and arson investigation personnel-written examination only. (b)-(c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 26, 1991. TRD-9110904 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Earliest possible date of adoption: October 14, 1991 For further information, please call: (512) 837-9851 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 49. Child Protective Services Subchapter C. Eligibility for Child Protective Services The Texas Department of Human Services proposes amendments to sec.sec.49.316, 49.317, 49.320, and 49.324, and the repeal of sec.49.326, concerning foster care assistance eligibility requirements, in its Child Protective Services chapter. The purpose of the repeal and amendments is to allow DHS to place level-of-care (LOC) VI foster children in for-profit facilities when no nonprofit facilities that can meet the children's needs are available. The repeal and amendments are also proposed to apply federal funds to the cost of foster care for children removed from families that are eligible for the aid to families with dependent children--unemployed parent (AFDC-UP) program. Lastly the repeal and amendments are proposed to comply with and incorporate federal clarifications of Public Law 96-272. Burton F. Raiford, interim commissioner, has determined that for the first five-year period the proposed amendments and repeal will be in effect there will be fiscal implications for state government as a result of enforcing or administering the amendments and repeal. With respect to the LOC VI part of the proposal, the effect on state government for the first five-year period the amendments and repeal will be in effect is an estimated additional cost of $142, 730 for fiscal year (FY) 1991; $207,192 for FY 1992; $207,250 for FY 1993; $209, 503 for FY 1994; and $210,427 for FY 1995. Regarding the AFDC-UP portion of the proposal, the effect on state government for the first five-year period the amendments and repeal will be in effect is an estimated reduction in cost of $2, 733,860 for FY 1991; $3,081,807 for FY 1992; $3,421,459 for FY 1993; $3,683,067 for FY 1994; and $4,008,842 for FY 1995. Mr. Raiford also has determined that for each year of the first five years the amendments and repeal are in effect the public benefit anticipated as a result of enforcing the amendments and repeal will be the promotion of successful placements of foster children who need intensive services by permitting children who qualify for LOC VI services to receive care in for-profit facilities when necessary. The amendments and repeal will also enable DHS to provide foster care more cost effectively by applying federal funds to the cost of care for children removed from families that are eligible for the AFDC-UP program. Finally, the amendments and the repeal will ensure that the department's eligibility requirements for foster care assistance conform to federal requirements. Questions about the content of this proposal may be directed to Susan Klickman, (512) 450-3302 in the Protective Services for Families and Children Department. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support-223, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register. 40 TAC sec.sec.49.316, 49.317, 49.320, 49.324 amendments are proposed under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs, and Chapter 41, which authorizes the department to enforce laws for the protection of children. The amendments are also proposed under the Texas Family Code, Title 2, Chapter 34, which authorizes the department to provide services to alleviate the effects of child abuse and neglect. sec.49.316. Eligibility Requirements for AFDC, MAO, and State-paid Foster Care Assistance. The child must meet all of the following criteria to be eligible for Aid to Families with Dependent Children (AFDC), Medical Assistance Only (MAO),
                                                                                                                                                                                                                                                                                                                                                              [AFDC, MAO,] or state-paid foster care assistance.
                                                                                                                                                                                                                                                                                                                                                                [:] (1)-(3) (No change.) (4) Placement. The child must be receiving care in Texas in a licensed, certified, or verified foster home or a licensed, private, nonprofit child-caring
                                                                                                                                                                                                                                                                                                                                                                  [non-profit child caring] institution approved for DHS foster care assistance, except in the following circumstances.
                                                                                                                                                                                                                                                                                                                                                                    [:] (A)-(C) (No change.) (D) the child qualifies for Level-of-Care (LOC) VI, and no nonprofit, residential child care facility that can meet the child's needs is available in the area in which the child must be placed. When no nonprofit facility is available for a LOC VI child, the child may receive care in a licensed, for-profit facility that provides LOC VI services. The facility must enter into an agreement with DHS to provide services to children in the department's conservatorship at the department's normal payment rates. A child placed in a for-profit facility at LOC VI may continue to receive care in the facility if his LOC changes, as long as: (i) the child's needs are best served by his remaining in the facility; and (ii) the facility agrees to continue serving the child at the new LOC. (5)-(7) (No change.) (8) Social Security number. The child must have , or must have applied for,
                                                                                                                                                                                                                                                                                                                                                                      a Social Security number. [The child meets this requirement if an application for a number has been made.] sec.49.317. Additional Eligibility Requirements for AFDC Foster Care. (a) Besides the general eligibility
                                                                                                                                                                                                                                                                                                                                                                        requirements specified in sec.49.316 of this title (relating to Eligibility Requirements for AFDC, MAO, and State-paid Foster Care Assistance),
                                                                                                                                                                                                                                                                                                                                                                          [for foster care eligibility,] a child must meet the following additional requirements to qualify for aid to families with dependent children (AFDC) foster care assistance.
                                                                                                                                                                                                                                                                                                                                                                            [other criteria to be eligible for AFDC foster care. These criteria are:] (1) AFDC status. At least one of the following conditions must apply.
                                                                                                                                                                                                                                                                                                                                                                              [The child must meet one of the following:] (A) The child was an AFDC recipient
                                                                                                                                                                                                                                                                                                                                                                                [a recipient of AFDC] during the month in which the
                                                                                                                                                                                                                                                                                                                                                                                  [that] court proceedings were initiated that
                                                                                                                                                                                                                                                                                                                                                                                    [which] resulted in the child's removal from the home. (B) The child would have received AFDC benefits
                                                                                                                                                                                                                                                                                                                                                                                      during the month in which
                                                                                                                                                                                                                                                                                                                                                                                        court proceedings were initiated if application had been made. (C) At some time during the six-month period before the month in which court proceedings were initiated, the child lived with a relative as specified in paragraph (3) of this subsection; and the child would have received AFDC benefits if he had been living with that relative during the month in which court proceedings were initiated.
                                                                                                                                                                                                                                                                                                                                                                                          [The child lived with a qualified relative sometime during the six months before the month that court proceedings were initiated. The child would have received AFDC if the child had been living with the relative during the month that court proceedings were initiated. Court proceedings are considered initiated when one of the follow- ing occurs: [(i) A petition alleging abuse or neglect or other need for protection is filed. [(ii) The child is removed under the statutory authority and emergency removal provisions of The Texas Family Code, s17.03.a(3), (4), (5), or (6).] (D) The child lives with his minor parent, and the minor parent is in DHS's managing conservatorship. As long as the child continues to live with the minor parent, a separate court-ordered removal is not required for the child to qualify for AFDC foster care assistance.
                                                                                                                                                                                                                                                                                                                                                                                            [A court ordered removal is not required for the child of a minor parent in the department's managing conservatorship as long as the child resides in the same foster family home or child care institution with the minor parent.] (E) The child was removed from a family that had qualified for the aid to families with dependent children--unemployed parent (AFDC-UP) program at the time of the child's removal, or from a family that would have qualified if it had applied. This subparagraph is applicable as of October 1, 1990. (2) Judicial determination. (A) In a nonemergency removal, the court must determine
                                                                                                                                                                                                                                                                                                                                                                                              [Except for emergency removals and except for infants born to or in place- ment with minor parents, the court must make a determination] that DHS made reasonable efforts to prevent removal and to reunify the family. (B) In an emergency removal, the court must determine either (i) that DHS made reasonable efforts to prevent removal and to reunify the family; or (ii) that it was reasonable to remove the child without making or extending efforts to prevent removal. (C) In both emergency and nonemergency removals, the court's original order placing the child in DHS's conservatorship must include a statement that removal is in the child's best interest. (3) Relationship and domicile. During the month in which court proceedings were initiated, or at some time during the six preceding months, the child must have lived with a relative who qualifies as a "specified relative" under 45 Code of Federal Regulations (CFR), sec.233.90(c) (v)(A)(1)-(6).
                                                                                                                                                                                                                                                                                                                                                                                                [The child must have been living with a person who meets the AFDC rela- tionship requirements during the month court proceedings were initiated or during the six months before the month court proceedings were initiated.] (4) (No change.) (b) For purposes of determining eligibility for foster care assis- tance, DHS considers court proceedings initiated when: (1) a petition alleging child abuse or neglect or other need for protection of a child is filed in a court of law; or (2) a child is removed under the statutory authority and emergency removal provisions of the Texas Family Code, s17.03(a)(3)-(6). sec.49.320. Eligibility in Medical Facilities before Placement. (a) A child in a medical facility is eligible for aid to families with dependent children (AFDC), medical assistance only (MAO), or state-paid foster care assistance if: (1) the child meets the general eligibility requirements specified in sec.49.316 of this title (relating to Eligibility Requirements for AFDC, MAO, and State-paid Foster Care Assistance); and (2) both of the following conditions apply:

                                                                                                                                                                                                                                                                                                                                                                                                (A) The Texas Department of Human Services (DHS) is responsible for the child's care and placement; (B) DHS plans to place the child in a foster care facility as soon as the child leaves the medical facility. DHS must proceed with the planned placement unless the child dies in the medical facility or there is a change in the court order or some other event occurs that clearly precludes making the placement.

                                                                                                                                                                                                                                                                                                                                                                                                  [A child in a medical facility is eligible for AFDC, MAO, or state-paid foster care if the child meets the eligibility requirements for foster care and all of the following conditions apply: [(1) The attending physician determines that the child needs medical facility care. [(2) DHR has responsibility for care and placement of the child. [(3) The medical facility is an approved Title XIX facility. [(4) Plans are made to place the child in a foster care facility directly from the medical facility. The child must be placed in the foster care facility unless something occurs precluding placement, such as a change in the court order or the child dies in the medical facility.] sec.49.324. Redetermination of Foster Care Eligibility. (a) The Texas Department of Human Services (DHS) must redetermine a child's eligibility for aid to families with dependent children (AFDC), medical assistance only (MAO), and state-paid foster care assistance: (1) at least every 12 months; and (2) whenever changes in the child's circumstances affect his eligibility. (b) When a child moves to another facility, DHS must redetermine the child's eligibility if: (1) the move affects the child's eligibility or the rate of foster care payment; or (2) the child is leaving a for-profit facility into which he was placed at level-of-care (LOC) VI under the requirements specified in sec.49.316(4)(D) of this title (relating to Eligibility Requirements for AFDC, MAO, and State-paid Foster Care Assistance).
                                                                                                                                                                                                                                                                                                                                                                                                    [DHR must redetermine a child's eligibility for AFDC, MAO, and state-paid foster care at least every six months or earlier if the child's circumstances change. DHR does not redetermine eligibility when the child moves to another facility unless the move affects eligibility or the rate of foster care payment.] 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 9, 1991. TRD-9111060 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: November 30, 1991 For further information, please call: (512) 450-3765 40 TAC sec.49.326 (Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Human Services or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeal is proposed under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs, and Chapter 41, which authorizes the department to enforce laws for the protection of children. The repeal is also proposed under the Texas Family Code, Title 2, Chapter 34, which authorizes the department to provide services to alleviate the effects of child abuse and neglect. sec.49.326. Eligibility Extension When Redetermining Deprivation. 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 9, 1991. TRD-9111061 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: November 30, 1991 For further information, please call: (512) 450-3765 State Board of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L The State Board of Insurance, at a board meeting scheduled for October 17, 1991, at 8:30 a.m., will consider the elimination of Exclusion 2.e. under Section II-Exclusions of the Texas Homeowners Policies. The current policies exclude coverage for a liability claim for bodily injury between an insured and a family member of the same household. The elimination of the exclusion would provide liability coverage separately to each insured under the policy including coverage for liability claims between an insured and a family member of the same household. The board meeting will be held in Room 100 of the William P. Hobby Insurance Building at 333 Guadalupe Street, Austin. Copies of the full text of the policy form are available for review in the office of the Chief Clerk of the State Board of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 6, 1991. TRD-9110982 Angelia Johnson Assistant Chief Clerk State Board of Insurance For further information, please call: (512) 463-6327 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 22. EXAMINING BOARDS Part XXII. Texas State Board of Public Accountancy Chapter 503. Definitions 22 TAC sec.503.1 The Texas State Board of Public Accountancy has withdrawn from consideration for permanent adoption a proposed amendment to sec.503.1 which appeared in the July 30, 1991, issue of the Texas Register (16 TexReg 4127). The effective date of this withdrawal is September 30, 1991. Issued in Austin, Texas, on September 4, 1991. TRD-9110815 J. Randel (Jerry) Hill General Counsel Texas State Board of Public Accountancy Effective date: September 25, 1991 For further information, please call: (512) 450-7066 TITLE 25. HEALTH SERVICES Part II. Texas Department of Mental Health and Mental Retardation Chapter 401. System Administration Subchapter B. Interagency Agreements 25 TAC sec.401.51 Pursuant to Texas Civil Statutes, Article 6252-13, sec.5(b), and 1 TAC sec.91. 24(b), the proposed amendment to sec.401.51, submitted by the Texas Department of Mental Health and Mental Retardation has been automatically withdrawn, effective September 6, 1991. The amended section as proposed appeared in the March 5, 1991, issue of the Texas Register (16 TexReg 1411). TRD-9111170 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 16. ECONOMIC REGULATION Part VIII. Texas Racing Commission Chapter 301. Definitions 16 TAC sec.301.1 The Texas Racing Commission adopts an amendment to sec.301.1, concerning definitions, without changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3990). The amendment is adopted to ensure that the rules of the commission are easily understood by its licensees. The amendment clarifies the definition of a patron. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 9, 1991. TRD-9111027 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 30, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 794-8461 Chapter 305. Licenses for Pari-mutuel Racing Subchapter B. Individual Licenses General Provisions 16 TAC sec.305.37 The Texas Racing Commission adopts an amendment to sec.305.37, concerning restriction on licensing, without changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3990). The amendment is adopted to ensure that pari-mutuel racing is of the highest integrity and free from conflicts of interest. The amendment clarifies the limitations on multiple licenses. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 9, 1991. TRD-9111028 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 30, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 794-8461 Chapter 309. Operation of Racetracks Subchapter A. General Provisions Facilities and Equipment 16 TAC sec.309.15 The Texas Racing Commission adopts an amendment to sec.309.15, concerning restrooms, without changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3991). The amendment is adopted to ensure that all racetracks have the necessary facilities and to ensure the health and safety of the persons working at the racetrack. The amendment clarifies the duties of an association regarding restroom facilities. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 9, 1991. TRD-9111029 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 30, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 794-8461 Subchapter C. Greyhound Racetracks Facilities and Equipment 16 TAC sec.309.303 The Texas Racing Commission adopts an amendment to sec.309.303, concerning track surface, with changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3991). The amendment is adopted to ensure that pari-mutuel greyhound racing is safe for the race animals. The amendment clarifies the requirements for the approval and maintenance of a greyhound track surface. The change from the proposed text involves adding a phrase in the first sentence to require approval before the first race of each race meeting. Comments were received regarding the adoption of the amendment from greyhound racetrack operators and kennel operators. The consensus of the comments is that the change is necessary to avoid the interpretation that the surface must be approved before the first race of each race day. The commission agreed with and made the appropriate change. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. sec.309.303. Track Surface. (a)-(b) (No change.) (c) The surface must be approved by the commission before the first race of each race meeting and is subject to periodic inspections and verification by the commission. The executive secretary may require periodic reporting by an association regarding the track surface and may require the reports to contain any information considered by the executive secretary to be essential to evaluating the current status of the track surface. 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 September 9, 1991. TRD-9111030 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 30, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 794-8461 Operations 16 TAC sec.309.355 The Texas Racing Commission adopts an amendment to sec.309.355, concerning grading system, with changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3992). The amendment is adopted to ensure that pari-mutuel greyhound racing is conducted with the utmost integrity and with fairness to all licensees. The amendment clarifies the system by which greyhounds are graded. The change from the proposed text clarifies the conditions under which a greyhound may be lowered a grade. Comments were received regarding the adoption of the amendment from greyhound racetrack operators and kennel operators. The consensus of the comments is that the change is necessary to avoid the unnecessary lowering of a greyhound and to ensure a sufficient number of greyhounds for races. The commission agreed with and made the appropriate change. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. sec.309.355. Grading System. (a)-(b) (No change.) (c) The racing secretary shall use seven grades of AA, A, B, C, J, D, and M. Grade M is for maidens and Grade J is for winning maidens. (d) The racing secretary shall lower a greyhound to the next lower grade, including lowering a Grade J to a Grade D, if the greyhound: (1) (No change.) (2) fails to earn better than one third place finish in four consecutive starts; or (3) fails, as a Grade J, to finish in the top four positions in four consecutive starts. (e) (No change.) (f) The racing secretary shall advance a greyhound that wins a maiden race to Grade J. The racing secretary shall advance a greyhound that wins a Grade J race to Grade C. On request by a kennel owner or trainer, the racing secretary may advance a greyhound that finishes second, third, or fourth in a maiden or a Grade J race to Grade C. For a greyhound regraded on request under this subsection, an association shall place the letter "M" or "J" after the greyhound's name in the racing program. (g) An association shall drop a greyhound from further racing at that race meeting if the greyhound fails to finish in the top four positions in four consecutive starts in Grade D. At this discretion of the racing secretary, a greyhound dropped from racing at Grade D may be requalified after a period of 30 days. (h) A greyhound that falls in a race is considered a starter in that race and shall be lowered a grade, unless lowering the greyhound would require the greyhound to be dropped from further racing in that race meeting. (i)-(j) (No change.) (k) During a greyhound's first three starts, the racing secretary may regrade the greyhound only once and only to a next higher or lower grade level. (l)-(o) (No change.) (p) If a maiden fails to finish in the top four positions in six consecutive starts, the maiden may not race again at the race meeting until it requalifies. If the maiden fails to finish in the top four positions in the two starts after requalifying, the maiden may not race again at the race meeting. 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 September 9, 1991. TRD-9111031 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 30, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 794-8461 Chapter 313. Officials and Rules of Horse Racing Subchapter B. Entries, Declarations, and Allowances Entries 16 TAC sec.313.107 The Texas Racing Commission adopts an amendment to sec.313.107, concerning draw for post position, without changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3993). The amendment is adopted to ensure that pari-mutuel racing is conducted with the utmost integrity and with fairness to all licensees. The amendment clarifies the time by which a trainer must designate the jockey for a race. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 9, 1991. TRD-9111032 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 30, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 794-8461 Subchapter D. Running of the Race Jockeys 16 TAC sec.313.408 The Texas Racing Commission adopts an amendment to sec.313.408, concerning jockey agents, without changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3993). The amendment is adopted to ensure that pari-mutuel racing is conducted with the utmost integrity and with fairness to all licensees. The amendment clarifies the requirements for jockey agents. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 9, 1991. TRD-9111033 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 30, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 794-8461 Chapter 319. Veterinary Practices and Drug Testing Subchapter D. Drug Testing Testing Procedures 16 TAC sec.319.332 The Texas Racing Commission adopts an amendment to sec.319.332, concerning procedures for obtaining specimens, without changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3993). The amendment is adopted to ensure that pari-mutuel racing is conducted with the utmost integrity and with fairness to all licensees. The amendment clarifies the procedure for obtaining specimens from race animals. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.14.03, which authorize the commission to adopt rules to prohibit the illegal influencing of the outcome of a race. 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 September 9, 1991. TRD-9111034 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 30, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 794-8461 Chapter 321. Pari-mutuel Wagering Subchapter B. Distribution of Pari-mutuel Pools 16 TAC sec.321.111 The Texas Racing Commission adopts an amendment to sec.321.111, concerning twin trifecta, without changes to the proposed text as published in the July 19, 1991, issue of the Texas Register (16 TexReg 3993). The amendment is adopted to ensure that pari-mutuel racing is conducted with the utmost integrity. The amendment clarifies the information that may be disclosed regarding twin trifecta wagering. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.11.01, which authorize the commission to adopt rules to regulate pari-mutuel wagering. 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 September 9, 1991. TRD-9111035 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: September 30, 1991 Proposal publication date: July 19, 1991 For further information, please call: (512) 794-8461 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 5. Program Development Subchapter M. Approval and Operation of Community/Junior College Branch Campuses 19 TAC sec.5.264 The Texas Higher Education Coordinating Board adopts an amendment to sec.5. 264, without changes to the proposed text as published in the May 24, 1991, issue of the Texas Register (16 TexReg 2859). There will be a provision for exemption of the rule if a senior college is in the same community as the community college's out-of-district operation and the two institutions are working cooperatively. The Coordinating Board encourages an institution's out-of-district/off-campus operations to have adequate financial support and stipulates an enrollment ceiling of 1,000 full-time equivalent students or implementation of one of the following options: annexation, creation of a new community college, or support through a branch maintenance tax. The amendments to the rules will ensure that new community colleges are not created without an adequate tax base. One comment was received which recommended expanding the rule to enable private universities to enter into a cooperative agreement with a community college. Commenting in favor of the amendment was Cisco Junior College. Given the potential higher costs to the student and the board's intent to limit the waiver requests to institutions meeting the established criteria, no change was made to the proposed amendment. The amendment is adopted under the Texas Education Code, s61.027 and sec.130. 001, which provides the Coordinating Board with the authority to adopt rules regarding approval and operation of community/junior college branch campuses. 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 September 5, 1991. TRD-9111009 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: September 30, 1991 Proposal publication date: May 24, 1991 For further information, please call: (512) 483-6160 TITLE 22. EXAMINING BOARDS Part III. Texas Board of Chiropractic Examiners Chapter 71. Application and Applicants 22 TAC sec.sec.71.1, 71.7-71.9 The Texas Board of Chiropractic Examiners adopts amendments to sec.sec.71.1 and 71.7-71.9, concerning application and applicants, with changes to the proposed text as published in the May 21, 1991, issue of the Texas Register (16 TexReg 2809). The board rules and regulations will now comply with the legislative statute. The changes will bring the rules and regulations into compliance with the requirements of the statute concerning definitions, written examinations, practical and theoretical exams, and grade requirements. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. sec.71.1. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Practitioner-A doctor of chiropractic, a doctor of medicine, a doctor of osteopathy, a doctor of podiatry, or a doctor of dentistry who is licensed and authorized to practice under the laws of this state. sec.71.7. Written Examinations. (a) An examinee shall comply with all requirements set forth in the Chiropractic Act of Texas, sec.10. (b)-(c) (No change.) sec.71.8. Practical and Theoretical Exams. (a) The subjects on which an examinee shall be examined in the practical and theoretical portion of the examination are x-ray, physical diagnosis, orthopedic/neurological, and technique and instrumentation. (b)-(c) (No change.) sec.71.9. Grade Requirements. (a) An examinee, in order to become licensed by the board, must make a grade of not less than 75% in any subject given. (b) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 3, 1991. TRD-9110943 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Effective date: September 27, 1991 Proposal publication date: May 21, 1991 For further information, please call: (512) 343-1895 Chapter 73. Licenses and Renewals 22 TAC sec.73.1, sec.73.2 The Texas Board of Chiropractic Examiners adopts amendments to sec.73.1 and sec.73.2, without changes to the proposed text as published in the May 21, 1991, issue of the Texas Register (16 TexReg 2810). The rule changes will allow the license renewal certificates to be processed by January 1 of every year. The licensees will be required to renew their licenses on November 30 of every year and notify the board of any address change. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. 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 September 3, 1991. TRD-9110945 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Effective date: September 27, 1991 Proposal publication date: May 21, 1991 For further information, please call: (512) 343-1895 Chapter 75. Rules of Practice 22 TAC sec.75.5 The Texas Board of Chiropractic Examiners adopts an amendment to sec.75.5, concerning witness fees, without changes to the proposed text as published in the May 21, 1991, issue of the Texas Register (16 TexReg 2811). The change allows witnesses to be reimbursed for their expenses when testifying in a formal administrative hearing. The witness will pay the expenses incurred and the board will reimburse the witness for hotel expense, mileage, and/or public transportation costs. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512b, which provide the Texas Board of Chiropractic Examiners with the authority to promulgate procedural rules and regulations as deemed necessary. 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 September 3, 1991. TRD-9110944 Jennie Smetana Executive Director Texas Board of Chiropractic Examiners Effective date: September 27, 1991 Proposal publication date: May 21, 1991 For further information, please call: (512) 343-1895 Part XIII. Texas Board of Licensure for Nursing Home Administrator Chapter 247. Education 22 TAC sec.247.2 The Texas Board of Licensure for Nursing Home Administrators adopts an amendment to sec.247.2, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 58). The amendment ensures that a high quality educational background is achieved by all administrators. Several other state nursing home administrator licensing boards require bachelor degrees from accredited colleges. Educational qualifications for applicants for licensing after the final effective date of this change will require a minimum of a bachelor's degree from a college or university accredited by a national accrediting association recognized by the State of Texas Higher Education Coordinating Board. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4442d, sec.8, which provides the Texas Board of Licensure for Nursing Home Administrators with the authority to make rules and regulations not inconsistent with law as may be necessary or proper for the performance of its duties, and to take such other actions as may be necessary to enable the state to meet the requirements set forth in the Social Security Act, sec.1908 (42 United States Code Annotated, sec.1396g) the federal rules and regulations promulgated thereunder, and other pertinent federal authority; provided, however, that no rule shall be promulgated, altered, or abolished without the approval of a two-thirds majority of the board. 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-9110932 Kim M. Foutz Administrative Technician III Texas Board of Licensure for Nursing Home Administrators Effective date: September 25, 1991 Proposal publication date: September 10, 1991 For further information, please call: (512) 458-1955 Part XV. Texas State Board of Pharmacy Chapter 281. General Provisions 22 TAC sec.281.9 The Texas State Board of Pharmacy adopts an amendment to s281.9, without changes to the proposed text as published in the May 28, 1991, issue of the Texas Register (16 TexReg 2943). The amendment to this section sets out the procedures to be followed when a licensee's legal counsel fails to appear at a hearing. This rule will allow the hearing officer to determine if a hearing should proceed when a license legal counsel fails to appear at a hearing. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Pharmacy Act (Texas Civil Statutes, Article 4542a-1,) which provides the Texas State Board of Pharmacy with the authority to adopt rules for the proper administration and enforcement of the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 6, 1991. TRD-9110991 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Effective date: September 27, 1991 Proposal publication date: May 28, 1991 For further information, please call: (512) 832-0661 Chapter 291. Pharmacies Nuclear Pharmacy (Class B) 22 TAC sec.291.53 The Texas State Board of Pharmacy adopts an amendment to s291.53, without changes to the proposed text as published in the May 28, 1991, issue of the Texas Register (16 TexReg 2943). The amendment will allow a pharmacy whose primary business is nuclear pharmacy to also operate as a Class A (Community) pharmacy provided it complies with all the rules relating to a Class A pharmacy. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Pharmacy Act (Texas Civil Statutes, Article 4542a-1), sec.16 and sec.29, which provides the Texas State Board of Pharmacy with the authority to adopt rules for the proper administration and enforcement of the Act and to establish the standards that each pharmacy shall meet to qualify for a license. 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 September 6, 1991. TRD-9110990 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Effective date: September 27, 1991 Proposal publication date: May 28, 1991 For further information, please call: (512) 832-0661 Institutional Pharmacy (Class C) 22 TAC sec.sec.291.73-291.76 The Texas State Board of Pharmacy adopts amendments to ssec.291.73, 291.74, 291.75, and 291.76, without changes to the proposed text as published in the May 28, 1991, issue of the Texas Register (16 TexReg 2944). The amendments allow Class C (Institutional) pharmacies to use electronic signatures on absence of pharmacist and floor stock records and correct certain inconsistencies within the Class C Pharmacy rules. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Pharmacy Act (Texas Civil Statutes, Article 4542a-1,) sec.16 and sec.17, which provides the Texas State Board of Pharmacy with the authority to adopt rules for the proper administration and enforcement of the Act and to specify the minimum standards for maintenance of prescription drug records within the practice of pharmacy. 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 September 6, 1991. TRD-9110989 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Effective date: September 27, 1991 Proposal publication date: May 28, 1991 For further information, please call: (512) 832-0661 Clinic Pharmacy (Class D) 22 TAC sec.291.93 The Texas State Board of Pharmacy adopts an amendment to s291.93, without changes to the proposed text as published in the May 28, 1991, issue of the Texas Register (16 TexReg 4945). The amendment allows a Clinic Pharmacy to operate at a temporary location provided drugs are not stored at the temporary location and are returned to the pharmacy's permanent location each day. The amendment outlines the procedures for application of a pharmacy license and for operation of this type of facility. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Pharmacy Act (Texas Civil Statutes, Article 4542a-1) sec.16 and sec.17, which provides the Texas State Board of Pharmacy with the authority to adopt rules necessary for the proper administration and enforcement of the Act, specify the minimum standards for professional equipment, and security in the dispensing area. 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 September 6, 1991. TRD-9110988 Fred S. Brinkley, Jr., R.Ph., M.B.A. Executive Director/Secretary Texas State Board of Pharmacy Effective date: September 27, 1991 Proposal publication date: May 28, 1991 For further information, please call: (512) 832-0661 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 124. Compensation Procedures-Carriers: Required Notices and Modes of Payment 28 TAC sec.124.7 The Texas Workers' Compensation Commission adopts new sec.124.7, concerning initial payment of temporary income benefits, with changes to the proposed text as published in the March 15, 1991, issue of the Texas Register (16 TexReg 1545). New sec.124.7 is necessary to clarify the date that a carrier must initiate payment of temporary income benefits following receipt of written notice of injury. New sec.124.7 harmonizes the deadline for beginning payment of income benefits (as described in the Texas Workers' Compensation Act (the Act), sec.5. 21(b)) with the date that such benefits begin to accrue (as described in the Act, sec.4.22). The rule reconciles the two sections, while furthering the intent that the injured employee promptly be paid those benefits that are lawfully due. New sec.124.7 defines the terms "accrual date" and "day of disability," as they are used in the section. The section provides that an injured worker's accrual date is the worker's eighth day of disability. New sec.124.7 provides that an insurance carrier complies with the timely payment provisions of the Act, sec.5.21, for payment of temporary income benefits when the first payment of benefits is made no later than the seventh day after receiving written notice of injury stating that the employee has suffered eight days of disability. The section provides that a carrier may initiate payment of temporary income benefits prior to the established time limit. Concerning proposed sec.124.7, one commenter suggested that the rule be modified by clarifying its application to cases involving intermittent disability and by including language specifying that the eight days or more of disability have accrued before the carrier is requested to take action on the claim. The commission agrees that the rule requires clarification. The commission deletes the language "An insurance company" from the first sentence of the rule and replaces it with the words "A carrier" to make clear that the rule applies to all "carriers" as well as "companies." The commission deletes the language "for those claims in which the injured employee has lost eight or more days from work" and deletes "on the earlier of the following dates: (1) the seventh day after receiving written notice of the injury, if that notice is received eight days or more after the disability began; or (2) the 14th day after disability began, if the written notice of injury is received less than eight days after the disability began." The commission adds the language "the first" after the word "if" and before the word "payment." The commission adds the language "no later than the seventh day after receiving written notice of injury stating that the employee has suffered eight days of disability" after the word "made." The commission adds subsections (a), (b), and (d) to the rule and labels the modified proposed rule as subsection (c). These changes are made to respond to the concern about intermittent, or delayed, disability following the work-related injury. The Texas Workers' Compensation Insurance Facility commented against the rule as proposed. No comments specifically in favor of the section as proposed were received. The new section is adopted under Texas Civil Statutes, Article 8308, sec.2. 09(a), which authorize the commission to adopt rules necessary for the implementation and enforcement of the Act. sec.124.7. Initial Payment of Temporary Income Benefits. (a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Accrual date-The day an injured worker's income benefits begin to accrue. (2) Day of disability-A day when the worker is unable to obtain and retain employment at wages equivalent to the preinjury wage because of a compensable injury. Intermittent days of disability shall be cumulated to calculate the accrual date. (b) An injured workers' accrual date is the worker's eighth day of disability. (c) A carrier has complied with the requirement to timely initiate temporary income benefits, as required by the Texas Workers' Compensation Act, sec.5.21, if the first payment of benefits is made no later than the seventh day after receiving written notice of injury stating that the employee has suffered eight days of disability. (d) Nothing in this section is intended to limit a carrier's discretion to initiate payment of temporary income benefits before the time limit established in subsection (c) of this section, or with notice of injury in a form other than that established in subsection (c) of this section. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 9, 1991. TRD-9111076 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Effective date: September 30, 1991 Proposal publication date: March 15, 1991 For further information, please call: (512) 440-3972 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Parks and Wildlife Department Chapter 65. Fisheries and Wildlife Subchapter P. Alligators 31 TAC sec.sec.65.352, 65.354, 65.358, 65.359, 65.361 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing held August 29, 1991, adopts amendments to ssec.65.352, 65.354, 65.358, 65.359, and 65.361, concerning taking, possession, and propagation of alligators statewide. Section 65.354 is adopted with changes to the proposed text as published in the July 26, 1991, issue of the Texas Register (16 TexReg 4059). Sections 65.352, 65.358, 65.359, and 65.361 are adopted without changes and will not be published. The change replaces at sec.65.354(e) the phrase "parts dealer permit" with the phrase "buyer's license" and at sec.65.354(h) deletes the phrase "and alligator parts dealer permit." The change was inadvertently left out of the proposed text. This change is necessary to be consistent with the intent of removing from the definitions section "alligator parts dealer" and deleting all references to "alligator parts dealer permit." The rules as adopted are authorized by amendments to Chapter 65, Texas Parks and Wildlife Code, enacted by the 72nd Legislature. The legislation requires the amendments. The adopted amendments are designed to prevent depletion or waste while enhancing utilization of the resource. The amendments are necessary to comply with legislation enacted by the 72nd Legislature which removed the provision that allowed an alligator buyer to buy only from an alligator hunter. The amendments provide harvest of alligator resources consistent with their populations. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Parks and Wildlife Code, Chapter 65, which provides the Texas Parks and Wildlife Commission with authority to adopt regulations for the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of alligator or parts of alligators as considered necessary to manage the species. sec.65.354. Licenses, Permits, and Fees. (a) The licenses and fees required for activities authorized by this subchapter are as prescribed under provisions of the Texas Parks and Wildlife Code, Chapter 65, or as prescribed in this subsection, and are: (1) $35 for a resident alligator hunter's license; (2) $300 for a nonresident alligator hunter's license; (3) $150 for a resident alligator buyer's license; (4) $600 for a nonresident alligator buyer's license; (5) $15 for an alligator import permit fee; (6) $150 for an alligator farmer permit fee; (7) $5.00 for each alligator hide tag fee; (8) $50 for each alligator nest stamp fee. (b)-(d) (No change.) (e) No person may purchase or possess after purchase from an alligator farmer or alligator buyer an alligator, alligator hide, or any part of an alligator taken in this state unless he or she has acquired and possesses an alligator buyer's license or is otherwise exempted. (f)-(g) (No change.) (h) Applicants for an alligator buyer's license must comply with federal licensing and permit requirements to engage in commerce involving alligators, alligator hides, and parts. 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 September 5, 1991. TRD-9110870 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: September 26, 1991 Proposal publication date: July 26, 1991 For further information, please call: 1-800-792-1112, ext. 4700 or (512) 389-4700 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VIII. Commission on Fire Protection Personnel Standards and Education Chapter 233. Standards for Certification 37 TAC sec.233.9 The Commission on Fire Protection Personnel Standards and Education adopts the repeal of sec.233.9, concerning minimum standards for basic structure fire protection personnel, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4269). The repeal is necessary to delete rules that will become obsolete April 1, 1992. The repeal will become effective for the commission April 1, 1992, to coincide with the proposed effective date of a new sec.233.9 relating to the same subject, which will contain new rules adopted by the commission for certification of structure fire protection personnel. No comments were received regarding adoption of the repeal. The repeal 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-9110905 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: September 27, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 837-9851 The Commission on Fire Protection Personnel Standards and Education adopts new sec.233.9, concerning minimum standards for basic structure fire protection personnel, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4269). The result of adopting the section as proposed will be 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 section has an effective date for the commission of April 1, 1992, and is intended to replace the repealed sec.233.9, which will also become effective April 1, 1992. This section will contain new rules adopted by the commission for certification of structure fire protection personnel. During the public hearing conducted August 22, and 23, 1991 for this proposal, three comments were voiced by individuals against the section. Comment #1-recommended additional emergency medical requirements; Comment #2-recommended a reduction of the continuing education requirement; Comment #3-recommended the emergency medical requirement be a part of the basic fire fighter curriculum instead of in addition to the basic fire fighter curriculum. Many comments were voiced in support of the section as proposed. No comments were heard from persons representing a group or an association. The commission disagrees with Comment #1 because this section will set a minimum standard which the commission feels is not excessive for any entity and does not prevent an entity from exceeding the minimum standard if the entity needs or wants to. The commission disagrees with Comment #2 because it feels the need for continuing education has been clearly documented and that the requirement is not excessive and will not work a hardship for any entity. The commission disagrees with Comment #3 because including the emergency medical requirement within the basic fire fighter curriculum would cause a hardship on many entities due to the fact that emergency medical courses may not be available within the time restraints required for the basic fire fighter curriculum. The new section 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. sec.233.9. Minimum Standards for Basic Structural Fire Protection Personnel. (a) The effective date of this section shall be April 1, 1992. Training programs that are intended to satisfy the requirements for basic structure fire protection personnel certification, that are started after the effective date of this section, must meet the curriculum, competencies, hours, and examination requirements of this section. (b) All full-time, full-paid employees of any local government entity, who are assigned structure fire protection duties must be certified by the commission. In order to be certified, structure fire protection personnel must: (1) complete a commission approved basic structural fire suppression curriculum and successfully pass the commission examination prior to being assigned to fire suppression duties. An approved basic structure fire suppression curriculum shall consist of one of the following: (A) completion of the commission approved basic structural fire suppression curriculum as specified in Chapter 1, Basic Structure Fire Suppression Curriculum, of the commission's document titled "Commission Certification Curriculum Manual," as adopted by reference in sec.247.1 of this title (relating to Basic Structure Fire Suppression Curriculum), and successfully pass the commission examination as specified in Chapter 241 of this title (relating to Examinations for Certification), within one year prior to the date of assignment to fire suppression; or (B) completion of an out-of-state training program deemed equivalent to a commission approved basic structural fire suppression curriculum, documentation of one year's experience as a full-time/full-paid fire fighter, and successfully pass the commission examination as specified in sec.241.17(b) of this title (relating to Testing for Proof of Proficiency); or (C) completion of a military training program deemed equivalent to a commission approved basic structural fire suppression curriculum, documentation of one year's experience as a full-time/full-paid fire fighter, and successfully pass the commission examination as specified in sec.241. 17(b); (2) complete as a minimum the certification requirements and be certified by the Texas Department of Health, as an emergency care attendant, within one year from the date of employment. Any higher level of emergency medical certification recognized by the Texas Department of Health, such as EMT or paramedic may also be used to satisfy the emergency medical training requirement of this section; (3) comply with the continuing education requirement specified in Chapter 243 of this title (relating to Continuing Education Requirements for Structure Fire Protection Personnel); (4) complete one year of employment, with a duty assignment defined by the commission as full-time, full-paid structure fire protection personnel. Out-of-state, or military personnel who have met the training requirements by either of the methods specified in paragraph (1), (C), or (D) of this subsection, will have already met the one-year requirement of this subsection. (c) All questions of training equivalency will be decided by the commission. (d) The commission examination required prior to assignment to fire suppression duties will be conducted according to the rules set forth in Chapter 241. (e) The commission approved basic structural fire suppression curriculum must be taught by a training facility that has been certified by the commission as provided in sec.sec.233.17-233.29 of this title (relating to Minimum Standards for Recruit Training Facilities for Structural Fire Suppression Personnel; Apparatus-Structure Training Facility; Equipment-Structure Training Facility; Reference Material-Structure Training Facility; Testing and Records-Structure Training Facility; Staff-Structure Training Facility; and General Information-Structure Training Facility). 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-9110906 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: September 27, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 837-9851 37 TAC sec.233.113 The Commission on Fire Protection Personnel Standards and Education adopts an amendment to sec.233.113, concerning minimum standards for basic fire and arson investigation personnel, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4270). The amendment will provide another source to obtain the required training for fire and arson investigator certification. The result of enforcing the section as adopted will be the recognition of the National Fire Academy as a source for basic fire and arson investigator training. 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-9110907 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: September 27, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 837-9851 37 TAC sec.233.131 The Commission on Fire Protection Personnel Standards and Education adopts the repeal of sec.233.131, concerning testing for renewal or certification status, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4270). The repeal of this section will provide clarification of all testing requirements by consolidating all testing requirements in one new chapter titled "Examinations for Certification." The repeal as adopted will have an effective date for the commission of April 1, 1992, to coincide with the proposed effective date of a new Chapter 241 of this title (relating to Examinations for Certification) which will contain commission rules for all required examinations. No comments were received regarding adoption of the repeal. The repeal 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-9110908 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: September 27, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 837-9851 Chapter 239. Fees 37 TAC sec.239.7, sec.239.9 The Commission on Fire Protection Personnel Standards and Education adopts amendments to sec.239.7 and sec.239.9, concerning manual fees, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4270). The amendments will provide clarification of fee requirements for commission documents. The effective date of the amendments is April 1, 1992, and is intended to coincide with the adoption of the new "Commission Certification Curriculum Manual." The amendments also differentiate between the "Commission Standards Manual" and the new "Commission Certification Curriculum Manual" which replaces the "Commission Lesson Plans." No comments were received regarding adoption of the amendments. The amendments are adopted under the Government Code, Executive Branch, Chapter 416, sec.416.007, which provides the Commission on Fire Protection with the authority to adopt rules for the administration of this chapter and for the commission's internal management and control. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 26, 1991. TRD-9110909 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: September 27, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 837-9851 Chapter 241. Examinations for Certification 37 TAC sec.sec.241.1, 241.3, 241.5, 241.7, 241.9, 241.11, 241.13, 241.15, 241.17 The Commission on Fire Protection Personnel Standards and Education adopts new sec.sec.241.1, 241.3, 241.5, 241.7, 241.9, 241.11, 241.13, 241.15, and 241.17, concerning examinations for certification. Sections 241.7, 241.11, and 241.17, are adopted with changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4271). Sections 241.1, 241.3, 241.5, 241.9, 241.13, and 241.15, are adopted without changes and will not be published. The new sections will provide an overall important 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 effective date of these sections is April 1, 1992, and is intended to coincide with the adoption of a new "Commission Certification Curriculum Manual" and will incorporate state testing of applicants for certification by the commission. No comments were received regarding adoption of the new sections. 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. sec.241.7. Procedures. (a) Procedures for conducting written and/or performance examinations are determined by the commission. (b) The commission shall prescribe the content of any certification examination that tests the knowledge and/or skill of the examinee concerning the discipline addressed by the examination. (c) An individual who fails to pass a commission examination will be given one additional opportunity to pass the examination. After two failures, the examinee must re-qualify by repeating the curriculum applicable to that examination. (d) To apply for a commission examination, the designated training coordinator of the entity providing the training must complete that portion of the Course/School Prior Approval Submission Form (CFP-T) pertaining to commission examinations. The CFP-T form must be submitted to the commission at least 20 days prior to the proposed starting date of the course. The commission will set the time and place of the examination. A reasonable attempt shall be made to schedule the examination as soon as possible after the completion of the applicable course and at a place and time agreeable to the provider of the training. (e) If the designated coordinator of the entity providing the training determines that the time and/or place of the examination as set by the commission is not acceptable for good cause, he may request the commission to reschedule or relocate the examination providing the request is received at least 20 days prior to the original scheduled time of the examination or the new proposed time, whichever would result in the earliest notification. The commission shall give all such request due consideration and may reschedule or relocate the examination as necessary. (f) Each examination shall be administered by a member of the commission staff known as a staff proctor. (g) The staff proctor may proctor the examination alone or with the assistance of one or more additional proctors. The additional proctors shall be known as field proctors and shall be appointed by the commission. (h) The staff proctor shall: (1) ensure that the examination remains secure and is conducted under conditions warranting honest results; (2) collect all examination materials from any examinee who is dismissed; and (3) record the fact of examination on the endorsement of eligibility and shall collect any fraudulent or questionable endorsement. (i) The staff or field proctor shall: (1) monitor the examination while in progress; (2) control entrance to and exit from the test site; (3) permit no one in the room while the written test is in progress except proctors, examinees, and commission staff; (4) assign or re-assign seating; and (5) bar admission to or dismiss any examinee who fails to comply with any of the provisions of sec.241.9, (a), (b), or (c) of this title (relating to Eligibility). (j) Examination booklets, answer sheets, scratch paper, and grade roster(s) will be delivered to the staff proctor by means specified by the commission. The staff proctor shall immediately document any errors detected in the examination materials provided. (k) The staff proctor shall remit to the commission all examination booklets, answer sheets, and scratch paper in the return container provided by the commission immediately following the completion of the written examination. (1) All official grading and notification shall come from the commission. The commission staff shall inform the training coordinator of test results in writing within 72 hours after completion of the examination. (m) The commission will provide one individual written grade report to each examinee, within 20 days after the completion of the examination. This report may be mailed to an address specified by the examinee. If the written grade report should prove to be undeliverable, it shall be the responsibility of the examinee to contact the commission office to make arrangements for an additional grade report. sec.241.11. Grading. (a) For a score to be valid and remain valid: (1) the endorsement of eligibility must be valid and remain valid; (2) the examinee must complete the answer sheet, or otherwise record the answers, as instructed by the proctor; and (3) the examinee must demonstrate the performance skills as instructed by the proctor, if performance skills are required as a part of the examination. (b) The minimum passing score on each written examination shall be 70%. This means that 70% of the total possible valid questions must be answered correctly. The commission may, at its discretion, invalidate any question. (c) If the commission invalidates an examination score for any reason, it may also, at the discretion of the commission and for good cause shown, require a retest to obtain a substitute valid test score. sec.241.17. Testing for Proof of Proficiency. (a) If an individual becomes employed to a position as defined in sec.233.5(b), (14), of this title (relating to Fire Protection Personnel), more than one year after passing a commission examination pertaining to the discipline to which the individual is assigned, the individual shall: (1) successfully complete the current commission requirements for certification in the discipline to which the individual is assigned; or (2) pass a commission proficiency examination, pertaining to the discipline to which the individual is assigned and be certified by the commission within the time specified for that discipline. If the individual is employed as a structure fire protection person, then the proficiency examination must be passed prior to assignment to fire suppression duties. (b) If an individual who has served a minimum of one year in a position defined by the commission, as full-time, full-paid fire protection personnel, in a state other than Texas or in a branch of the military, wishes to become eligible for certification in the State of Texas, the individual must: (1) successfully complete the current commission requirements for certification in the pertinent discipline; or (2) document equivalent training to that required by the commission for certification in the discipline in question, document one year of full-time, full-paid service in a position defined by the commission as fire protection personnel and pass a commission proficiency examination, pertaining to the discipline and be certified by the commission within the time specified for that discipline. If the individual is employed as a structure fire protection person, then the proficiency examination must be passed prior to assignment to fire suppression duties. (c) An individual who fails to pass a commission proficiency examination will be given one additional opportunity to pass the examination. After two failures, the examinee must re-qualify by repeating an approved curriculum applicable to that examination. (d) Passing the commission proficiency examination only indicates that an individual has satisfied the training requirements set by the commission and does not prohibit the employing entity from requiring individuals to complete training requirements set by the employing entity. (e) The employing entity must apply to the commission for certification of all fire protection personnel, whether the individual completes an approved curriculum or passes the commission proficiency examination. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 26, 1991. TRD-9110910 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: September 27, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 837-9851 Chapter 247. Adoption by Reference 37 TAC sec.247.1 The Commission on Fire Protection Personnel Standards and Education adopts new sec.247.1, pertaining to adoption by reference, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4276). The new section will provide 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 section adopts by reference, Chapter 1, Basic Structure Fire Suppression Curriculum, of the commission's document titled, "Commission Certification Curriculum Manual." No comments were received regarding adoption of the new section. The new section 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-9110911 K. R. Ethridge Field Representative Commission on Fire Protection Personnel Standards and Education Effective date: September 27, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 837-9851 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 7. Refugee Cash Assistance Program Subchapter A. Program Purpose and Scope The Texas Department of Human Services (DHS) adopts amendments to sec.7.101 and sec.7.208, concerning Refugee Cash Assistance Program, without changes to the proposed text as published in the July 26, 1991, issue of the Texas Register (16 TexReg 4069). The justification for the amendments is to make the sections consistent with state law and appropriations. The sections as amended will function by specifying that Refugee Cash Assistance and Medicaid Program benefits are contingent on the availability of federal funding. No comments were received regarding adoption of the amendments. 40 TAC sec.7.101 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 September 5, 1991. TRD-9110880 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 26, 1991 Proposal publication date: July 26, 1991 For further information, please call: (512) 450-3765 Subchapter B. Eligibility Criteria 40 TAC sec.7.208 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 September 5, 1991. TRD-9110879 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: September 26, 1991 Proposal publication date: July 26, 1991 For further information, please call: (512) 450-3765 Chapter 29. Purchased Health Services Subchapter K. Definitions 40 TAC sec.29.1001 The Texas Department of Human Services (DHS) adopts amendments to sec.29. 1001 and sec.29.2502, without changes to the proposed text as published in the July 30, 1991, issue of the Texas Register (16 TexReg 4148). The amendments are justified by improving accessibility to primary medical care for Medicaid clients. The amendments will function by bringing the agency rules for participation by family and pediatric nurse practitioners into conformity with federal requirements concerning the qualifications of these practitioners. Federal guidelines do not require certification of these practitioners by either the American Nurses' Association or the National Association of Pediatric Nurse Associates and Practitioners, but the guidelines do require these practitioners to be recognized as such by the state licensing board for nurses. No comments were received regarding adoption of the amendments. 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 September 6, 1991. TRD-9110933 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1991 Proposal publication date: July 30, 1991 For further information, please call: (512) 450-3765 Subchapter Z. Certified Family Nurse Practitioner and Pediatric Nurse Practitioner Services 40 TAC sec.29.2502 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 September 6, 1991. TRD-9110934 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1991 Proposal publication date: July 30, 1991 For further information, please call: (512) 450-3765 State Board of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's note: As required by the Insurance Code, Article 5.96 and Article 5.97, the Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act, and the final actions printed in this section have not been previously published as proposals. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 333 Guadalupe, Austin.) The State Board of Insurance has approved the Texas Special Insurance Expense Exhibit Call Due October 15, 1991. The board has approved the call, which allows quantification of "disallowed" expenses on a countrywide basis. This call is made pursuant to House Bill 2 (72nd Texas Legislature), Article 2, sec.2.01, which adds Subchapter M and Article 5.101 to the Texas Insurance Code. These provisions prohibit the inclusion of certain incurred expenses in the determination of rates for lines of insurance regulated under the new Flexible Rating Program. The order approving the statistical calls is effective 15 days after notice of this action is published in the adopted rule section of the Texas Register, as required by Articles 5.96 and 5.97. 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. 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 September 9, 1991. TRD-9111099 Angelia Johnson Assistant Chief Clerk State Board of Insurance Effective date: September 28, 1991 For further information, please call: (512) 463-6327 Open Meetings Agencies with statewide jurisdiction must give at least seven days notice before an impending meeting. Institutions of higher education or political subdivisions covering all or part of four or more counties (regional agencies) must post notice at least 72 hours prior to a scheduled meeting time. Some notices may be received too late to be published before the meeting is held, but all notices are published in the Texas Register. Emergency meetings and agendas. Any of the governmental entities named above must have notice of an emergency meeting, an emergency revision to an agenda, and the reason for such emergency posted for at least two hours before the meeting is convened. Emergency meeting notices filed by all governmental agencies will be published. Posting of open meeting notices. All notices are posted on the bulletin board outside the Office of the Secretary of State on the first floor of the East Wing in the State Capitol, Austin. These notices may contain more detailed agenda than what is published in the Texas Register. Texas Department of Agriculture Monday, September 16, 1991, 10 a.m. The Texas Agricultural Resources Protection Authority of the Texas Department of Agriculture will meet at the Texas Department of Agriculture, 1700 North Congress Avenue, Stephen F. Austin Building, Ninth Floor Conference Room, Austin. According to the complete agenda, the authority will welcome new board members; approve of minutes from last meeting; discuss and adopt proposed rules; hear presentation of chlordane disposal plan by the Texas Water C