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 22. EXAMINING BOARDS Part XIII. Texas Board of Licensure for Nursing Home Administrators Chapter 243. Application 22 TAC sec.243.2 The Board of Licensure for Nursing Home Administrators adopts an amendment to sec.243.2, concerning administrators-in-training. The amendment is being made due to federal statute which as already passed and gone into effect. The amendment reflects changes in terminology specified by the Social Security Act, sec.1919(a)-(d), creating the term, "nursing facility", in the Medicaid program, which replaces the terms "skilled nursing facility" and "intermediate care facility" effective October 1, 1990. This change serves only to clarify terminology. The term "nursing facility" shall replace the terms "skilled nursing facility" and "intermediate care facility." The amendment is adopted under Texas Civil Statutes, Article 4442d, sec.8, which provide 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 Codes Annotated, sec.1396(g)), 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. sec.243.2. Administrators-in-Training. (a)-(e) (No change.) (f) Training requirements and procedures. (1) Administrators-in-training will serve an internship for a minimum period of 520 hours in a nursing home licensed by the Texas Department of Health for 60 beds or more and participating in Medicaid programs as a nursing facility. (2)-(4) (No change.) (g)-(k) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 28, 1991. TRD-9111377 Kim M. Foutz Administrative Technician III State Board of Licensure for Nursing Home Administrators Effective date: October 4, 1991 For further information, please call: (512) 458-1955 Part XXI. Texas State Board of Examiners of Psychologists Chapter 463. Applications 22 TAC sec.463.5 The Texas State Board of Examiners of Psychologists adopts amendment to sec.463.5, without changes to the proposed text as published in the August 13, 1991, issue of the Texas Register (16 TexReg 4398). The amendment will allow the board to gather more information about an applicant's past. It will also allow the board to hold an application in abeyance until any complaint filed against an applicant has been considered by the board. The amendment will enable more information to be asked of each applicant; the application process will be stopped whenever a complaint is filed against an applicant and it will resume after the board has made a determination on the complaint. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512c which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules not inconsistent with the Constitution and laws of this state, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 13, 1991. TRD-9111382 Patricia S. Bizzell Tweedy Executive Director Texas State Board of Examiners of Psychologists Effective date: October 4, 1991 Proposal publication date: August 13, 1991 For further information, please call: (512) 835-2036 Part XXIII. Texas Real Estate Commission Chapter 531. Canons of Professional Ethics and Conduct 22 TAC sec.531.18 The Texas Real Estate Commission adopts an amendment to s531.18, concerning display of consumer information by licensees, with changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4264). The amendment is necessary to enforce compliance with Senate Bill 432, 72nd Legislature (1991), which requires real estate licensees and inspectors to make information about the recovery funds administered by the commission available to consumers. Real estate brokers and inspectors will be required to display the consumer notice form in each place of business they maintain. The notice advises consumers of the recovery funds administered by the commission and provides the commission's mailing address and telephone number. On final adoption the notice adopted by reference was modified to clarify there is a separate recovery fund available to a consumer damaged by the acts of a licensed real estate inspector. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which authorize the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties. sec.531.18. Consumer Information Form 1-1. (a) The Texas Real Estate Commission adopts by reference Consumer Information Form 1-1 approved by the Texas Real Estate Commission in 1991. This document is published by and available from the Texas Real Estate Commission, P. O. Box 12188, Austin, Texas 78711-2188. (b) Each real estate inspector or active real estate broker licensed by the Texas Real Estate Commission shall display Consumer Information Form 1-1 in a prominent location in each place of business the broker or inspector maintains. 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 10, 1991. TRD-9111228 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: November 1, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 465-3900 Chapter 535. Provisions of the Real Estate License Act Education, Experience, Educational Programs, Time Periods, and Type of License 22 TAC sec.535.66, sec.535.69 The Texas Real Estate Commission adopts an amendment to s535.66 and new sec.535.69, concerning provisions of the Real Estate License Act. Section 535.66 is adopted with changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4264). Section 535.69 is adopted without changes and will not be republished. The amendment to sec.535.66 is necessary to permit schools approved and regulated by other state agencies to submit real estate or real estate-related courses to the commission for approval. Adoption of the amendment broadens the acceptance of coursework submitted by applicants for real estate licenses. The adoption of new sec.535.69 is necessary to establish additional core real estate courses related to the commission's promulgated contract forms and to residential real estate inspections. Adoption of the new section will encourage study of the topics specified in the new core courses. A nonsubstantive change was made to correct an error in the proposed text for the amendment to sec.535.66. No comments were received regarding adoption of the amendment or new section. The amendment and new section are adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which provide the Texas Real Estate Commission with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.535.66. Educational Programs: Accreditation. (a)-(b) (No change.) (c) In considering an application, special attention will be given to management, instructorship, physical plant, financial base, and curriculum. (1) An entity filing an application for approval of a proprietary real estate school in Texas shall submit material for no less than 180 hours or core real estate courses with the original application for approval. (2) Professional or trade organizations or schools approved and regulated by an agency of this state may submit real estate or real estate related courses for approval limited to their areas of specialization. (d)-(ii) (No change.) (jj) The commission may place on probation or suspend or withdraw accreditation of a school or course offered by a school or other entity approved to offer courses for a violation of these sections or for other good cause as determined by the commission. The commission may place on probation, suspend operation, or withdraw accreditation of a school or course for the failure of the school or entity to provide within 15 days information requested by commission staff as a result of a formal or informal complaint to the commission which would indicate a violation of these sections. (kk)-(ss) (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 10, 1991. TRD-9111230 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: October 2, 1991 Proposal publication date: September 6, 1991 For further information, please call: (512) 465-3900 Chapter 544. Rules Relating to Certified Real Estate Appraisers 22 TAC sec.sec.544.1-544.9 The Texas Real Estate Commission adopts the repeal of sec. s544.1.544.9, concerning certified real estate appraisers, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4265). Repeal of these sections is necessary because authority to certify appraisers has been transferred from the Texas Real Estate Commission to the Texas Appraiser Licensing and Certification Board. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which authorize the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties. 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 10, 1991. TRD-9111229 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: October 2, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 465-3900 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 134. Medical Benefits-Guidelines for Medical Services, Charges, and Payments Subchapter A. Medical Policies 28 TAC sec.134.1 The Texas Workers' Compensation Commission adopts new sec.134.1, concerning the various medical fee guidelines that are adopted by the commission, for the purposes of establishing maximum reimbursement rates for services for treatment of injured workers covered by workers' compensation insurance. The section indicates how these guidelines are to be used by parties, most likely insurance carriers, adjusters, and health care providers, in order to properly calculate the amounts that should be paid to health care providers. The section is adopted with changes to the proposed text as published in the April 23, 1991, issue of the Texas Register (16 TexReg 2271). New sec.134.1 indicates that the ground rules and medical services standards established by fee guidelines shall be used to calculate proper amounts of payments due to health care providers. The section states that health care providers shall bill the insurance carrier for medically necessary services and treatments rendered to relieve the effects on a compensable injury, or promote recovery, by using codes from fee guidelines. The section tells health care providers which one of three existing fee guidelines apply to their practices: the Medical Fee Guideline, as referenced and incorporated in sec.134.200 of this title (relating to Medical Fee Guideline); the Hospital Fee Guideline, referenced and incorporated in sec.134.400 of this title (relating to Hospital and Ambulatory Surgical Center Fee Guideline); or the Pharmaceutical Fee Guideline, as set forth in sec.134.501 of this title (relating to Pharmaceutical Fee Guideline). The section tells residential treatment centers, nursing, homes, and home health agencies that there is no applicable current guideline in use for them, and states that they will be reimbursed for services at fair and reasonable rates as described in the Texas Workers' Compensation Act, sec.8.21(b), until such time as the commission adopts specific fee guidelines for these providers. One commenter asked that registered nurses be added to subsection (c) of the section, because the Medical Fee Guideline controls bills for some nurses services (for example, certified registered nurse anesthetists). The commission agrees, and has incorporated the suggested change. The Texas Nurses Association commented against the proposed section. No comments specifically in favor of the proposed section were received. The new section is adopted under Texas Civil Statutes, Article 8308, sec.8. 21(a) and (b), which authorize the commission to adopt guidelines, by rule, relating to payment of fees charged for specific medical treatments or services; and sec.2.09(a), which authorize the commission to adopt rules necessary for the implementation and enforcement of the Texas Workers' Compensation Act, Article 8308, sec.1.01 et seq. sec.134.1. Use of the Fee Guidelines. (a) The ground rules and the medical service standards and limitations as established by the fee guidelines shall be used to properly calculate the payments due to the health care providers. (b) Health care providers shall bill the insurance carrier for all compensable injuries using the codes from the fee guidelines established by the commission. The health care provider shall bill the insurance carrier for the health care treatments and services performed, and medically necessary to relieve the effects of the compensable injury and promote recovery. (c) Doctors of medicine, osteopathy, chiropractic, podiatry, optometry, psychology, and registered nurses, physical therapists, occupational therapists, imaging or radiology centers, minor emergency centers, free-standing pathology centers, durable medical equipment suppliers, and orthotic and prosthetic suppliers shall bill the insurance carrier using the medical fee guideline described in sec.134.200 of this title (relating to Medical Fee Guideline). (d) Pharmacists, in settings other than a hospital, shall bill according to the Pharmaceutical Fee Guideline described in sec.134.501 of this title (relating to Pharmaceutical Fee Guideline). (e) Hospitals, licensed by the Texas Department of Health or Texas Department of Mental Health and Mental Retardation, and ambulatory surgical centers, licensed by the Texas Department of Health, shall bill according to the Hospital and Ambulatory Surgical Center Fee Guideline described in sec.134.400 of this title (relating to Hospital and Ambulatory Surgical Center Fee Guideline). (f) Reimbursement for service not identified in an established fee guideline shall be reimbursed at fair and reasonable rates as described in the Texas Workers' Compensation Act, sec.8.21(b), until such period that specific fee guidelines are established by the commission. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 16, 1991. TRD-9111399 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Effective date: October 7, 1991 Proposal publication date: April 23, 1991 For further information, please call: (512) 440-3972 TITLE 31. NATIONAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 59. Parks Park Entrance and Park User Fees 31 TAC sec.59.6 The Texas Parks and Wildlife Commission adopts new sec.59.6 concerning conservation permit fee, without changes to the proposed text as published in the June 7, 1991, issue of the Texas Register (16 TexReg 3126). New legislation requires the commission to set the amount of the conservation permit fee. The adopted section will function to permit the department to maintain public land visitor services through the revenue generated by the permit. No comments were received regarding adoption of the new section. The new section was adopted under the authority of the Texas Parks and Wildlife Code, Chapter 43, Subchapter N, as amended by House Bill 1207, 72nd Regular Legislative Session which provides the Texas Parks and Wildlife Commission with the authority to set the conservation permit fee and Texas Civil Statutes, Article 6252-13a. 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 13, 1991. TRD-9111380 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Services Effective date: October 4, 1991 Proposal publication date: June 7, 1991 For further information, please call: (512) 389-4867 Part IX. Texas Water Commission Chapter 317. Design Criteria for Sewerage Systems 31 TAC sec.317.15 The Texas Water Commission adopts new sec.317.15, with changes to the proposed text as published in the April 5, 1991, issue of the Texas Register (16 TexReg 1974), concerning design of wastewater treatment systems. The section establishes minimum design standards for facilities which use constructed wetlands units to treat and dispose of primarily domestic wastewater. The section defines minimum acceptable standards and recommended guidelines which must be met in order to obtain construction approval and where applicable, rate the capacity of the previously mentioned facilities. This section is adopted as a new section to the existing 31 TAC Chapter 317. The authority vested in this chapter has been granted to the Texas Water Commission by the 70th Legislature under the Texas Water Code, sec.26.034. The new section will be included in Chapter 317 as "Appendix G" and reflects guidelines for the design and construction of constructed wetland units. The section provides design requirements and recommended guidelines for the utilization of constructed wetlands units as municipal wastewater treatment systems. Section 317.15(a) defines constructed wetlands terminology, prohibits the use of natural wetlands as treatment units, identifies typical vegetation, and states acceptable uses. Section 317.15(b) states general design considerations and requirements for primary treatment, liners, flood protection, configuration, flow distribution, and total suspended solids removal. Section 317.15(c) concentrates on submerged flow design, media sizing, organic loading, and natural aeration capacity. Section sec.317.15(d) concentrates on free water surface design, organic loadings, and vector control. TWC received comments concerning this rule making. The Texas Water Development Board and the Farmers Home Administration (Federal) were in favor of this rule and offered comments concerning treatment unit sizing and multiple basin requirements. Additional data prompted TWC to decrease the detention time for the free water surface system and increase the detention time for the submerged flow system. Several consulting engineering firms offered comments that resulted in the free water surface system's water depth being limited to 18-inches. Also, the submerged flow system should incorporate a method of dealing with algal mats that may form in the primary treatment unit, and the water level shall be maintained at least six inches below the rock media surface. Recent data indicated that constructed wetland technology has not proven the ability to consistently nitrify typical domestic strength sewage to meet average permit limits of 5 mg/l or less. These rules will require a separate treatment unit. The new section is adopted under the Texas Water Code, s26.023, which provides the Texas Water Commission with the authority to make rules setting water quality standards for all water in the state. The new section is also proposed under the Texas Water Code, sec.5.103, which authorizes the commission to adopt any rules necessary to carry out its powers and duties under the Water Code and other laws of this state. sec.317.15. Appendix G -General Guidelines for the Design of Constructed Wetlands Units for use in Municipal Wastewater Treatment. (a) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Constructed wetlands-Designed and man-made complexes of saturated substrates, emergent and submergent vegetation, animal life, and water that simulates natural wetlands. Constructed wetlands as described in these rules are meant to function exclusively as wastewater treatment units. They consist of two varieties: submerged flow systems and free water surface systems. Combinations of these varieties may also be acceptable methods of treatment. Constructed wetlands are constructed treatment systems that are inundated or saturated by wastewater flows at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of flora and fauna typically adapted for life in saturated or inundated soil conditions, i.e., a wetland. Terms that are considered synonymous with constructed wetlands treatement systems are manmade wetlands, engineered wetlands, artificial wetlands, rock reed filters, vertical bio-reactor, submerged flow systems, freewater surface systems, artificial marsh, marsh reed filter, botanical reactor, rooted emergent wetland filters and microbial rock plant filters. (2) Submerged flow-A submerged flow system (SFS) consists of a lined basin or channel filled with a granular rock media. The media supports the growth of both emergent vegetation on the surface and fixed bio-film on the subsurface. The wastewater flows horizontally, vertically, and transverses the subsurface of the rock media through interstices of the media and vegetation root structure. Wastewater levels are nominally maintained at least six inches below the rock media surface. Total rock media depth shall not exceed 24 inches. (3) Free water surface-The free water surface system (FWS) consists of a lined basin or channel partially filled with soil or other media suitable for supporting rooted emergent and/or submergent vegetation. Wastewater flows over the top of the media and through the stalks of the emergent and/or submergent vegetation at an average depth no greater than 18 inches. (b) General considerations. These guidelines are intended for an exemplary basis. The criteria for design, construction, and operation should be based on data collected from operational data of similar facilities, pilot-plant and bench-scale studies, and/or proper engineering and scientific investigations which should be submitted at the time of review. (1) Algal mat removal. Provisions shall be made for algal mat removal from primary treated effluent prior to entering into the wetland units. These provisions may include bar screens, adjustable inlets, baffles, and other methods as approved by the commission. (2) Natural wetlands. The commission will prohibit the use of any land defined as a wetland by the United States Army Corps of Engineers in 40 Code of Federal Regulations, sec.122.2 and subject to regulations found in the Clean Water Act, sec.404, for use in wastewater treatment. Any subsequent construction activity located in a natural wetland may require a permit from the United States Army Corps of Engineers. (3) Typical wetlands vegetation. Suggested flora for constructed wetlands in the State of Texas include the following. (A) Emergent aquatic vegetation such as Typha spp. (cattails), Scirpus spp. (bulrush), Sagittaria spp. (arrowhead), Phragmites spp. (reeds), Juncus spp. (rushs), Eleocharis spp. (spikerush), caladium spp. (elephant ear), or other acceptable species may be used. (B) Floating aquatic vegetation such as Lemna spp. (duckweed), Hydrocotyle umbellata (water pennywort), Limnobium spongia (frogbit), Nymphaea spp. (water lily), and Wolffia spp. (water meal), or other acceptable species may be used. (C) The use of indigenous plants is strongly recommended provided that these species have been proven suitable for use in wastewater treatment. Procurement of these seed plants from natural wetlands should ensure the natural wetlands are not significantly impacted. (D) The use of all harmful or potentially harmful wetlands plants and organisms, as described in 31 TAC sec.sec.57.111-57.118 and 31 TAC sec.sec.57.251-57.258, must first be approved by the Texas Parks and Wildlife Department. (3) Allowed uses. Constructed wetlands can be used as a: (A) secondary treatment unit; or (B) advanced secondary treatment unit. (4) Primary treatment. All systems shall be preceded by primary treatment. Systems may be preceded by secondary treatment. Primary treatment can include septic tanks, Imhoff tanks, facultative lagoons, aerated lagoons, stabilization ponds, and any other treatment process which removes the settleable solids and floating material. The design of these pretreatment units shall conform with applicable state design criteria. (5) Liners. When required in the facility's permit or by the commission, basins shall be lined with an impermeable liner, either soil or synthetic, as described in subparagraphs (A) and (B) of this paragraph. (A) Soil. (i) All placed clay or in-situ soils used for basin liners shall be certified by adequate geotechnical test results. For all in-situ soils, the design engineer shall present adequate soil borings information which ensures the homogeneousness of the selected soil. Placed clay or in-situ soils shall have a measured permeability of less than 10-7 cm/sec. and/or the following characteristics: (I) more than 30% passing a #200 mesh sieve; (II) liquid limit greater than 30%; (III) plasticity index greater than 15; (IV) no clods larger than two inches; (V) minimum compacted thickness of two feet for placed clay liners and four feet for in-situ soils. (ii) All placed clay liners shall be installed according to the following criteria. However, when using in-situ soils for the required liner, only the upper six inches should be reworked as follows: (I) maximum loose lift of eight inches, six inches compacted; (II) minimum compaction effort of 95% Standard Proctor (ASTM D-698); (III) liners shall be keyed into the existing in-situ soils. (B) Synthetic. All synthetic liners shall have a minimum thickness of 30 mils and contain underdrain leak detection which shall consist of leachate collection and detection systems. Proper installation of the materials mentioned in sub- paragraph (A) of this paragraph shall be described in the project's specifications. The liner material shall be resistant to or protected from ultra-violet (UV) light degradation. (6) Flood hazard analysis. The 1OO-year flood plain elevation shall be provided. Proposed treatment units which are to be located within the 1OO-year flood plain will not be approved for construction unless protective measures satisfactory to the commission (such as levees or elevated treatment units) are included in the project design. If construction inside the 1OO-year flood plain is necessary, authorization from the proper coordinating authority must be obtained. All units must either be three feet above the 100-year flood plain or have a berm with at least three feet of freeboard above the 1OO-year flood plain. (7) Berms. Berms shall have side slopes of no steeper than 3:1. Berms shall be lined or constructed of impermeable clay as described in the preceding section pertaining to soil liners. All clay berms shall be keyed into the clay liner. (8) Configuration. Facilities with permitted average daily flows over 100,000 gallons per day shall conform with the following configuration standards. (A) Multiple units. The treatment system shall be divided into multiple units that can be operated separately. Each unit shall have the ability to be completely drained. (B) Parallel trains. Design considerations may include parallel treatment streams or trains which can be operated independently of each other. (C) Length to width ratio. The units shall be designed to operate as plug flow channels. A proper length to width ratio to achieve this condition should be considered in the design of each system. (D) Switching capability. The design shall allow for each unit to be taken out of service at any time and its flows routed to another unit. The treatment system must be capable of treating the daily average flow with the largest unit out of service. (E) Wind protection. All FWS systems shall be situated so as to minimize the adverse effects of the prevailing winds. (F) Minimum slope. All systems should maintain a minimum slope along the bottom of at least 0.075% to facilitate draining. (9) Flow distribution. (A) Inlets. All treatment units shall have multiple inlets (a minimum of three) and provide a method to mitigate erosion of the media. (B) Outlets. All treatment units shall have multiple outlets (a minimum of three). FWS outlets shall be submerged and be able to exclude floating detrital material and scum. (C) Water levels. The design should allow inlets and outlets to be raised and lowered, so that water levels within the basin can similarly be varied and provide the ability to flood the beds when necessary. (D) Basin hydraulic design. (i) Submerged flow systems. SFS systems should be designed to prevent surface ponding of wastewater. The hydraulic loading of these systems should be limited to the effective hydraulic capacity of the media in place. This effective hydraulic capacity will be a function of the clean media's hydraulic capacity reduced by root intrusion, slime layer, detritus, algae, and other blockages. (ii) Free water surface systems. FWS systems should be designed to prevent scour, erosion, and plant damage during peak flow periods. The hydraulic loading of these systems should be limited to the open channel carrying capacity of the unit at full growth. (10) Flow equalization. Flow to the units shall provide for a uniform environment and growth conducive to wetlands. (11) Initial vegetation spacing. Plants should be placed no greater than 66- inches apart (center to center). All plants to be used should be healthy, insect free, and undamaged. A broad diversity of plant species within any unit is recommended. (12) TSS removal. The Total Suspended Solids (TSS) removal efficiency of the wetland system is dependent on the quiescence of the system. However, if the facility is unable to meet its permitted parameters, alternate means of solids removal must be pursued. (13) Nitrification. Current wetland technology has not proven the ability to consistently nitrify typical domestic strength sewage to meet average permit limitations below 5 mg/l. The design of any wetland proposed for use in this type situation will incorporate a separate nitrification process. (14) Harvesting. Harvesting of dead wetland vegetation and detritus plant matter is recommended. (c) Submerged flow system design. (1) Basic design parameters. SFS wetlands are sized according to primary and/or secondary treatment efficiency preceding the units, i.e. fraction of remaining BOD5, and the permitted 30-day average effluent discharge concentration of BOD5. The following factors shall be considered in the selection of the design hydraulic and organic loadings: strength of the influent sewage, effectiveness of primary and/or secondary treatment, type of media, ambient wastewater temperature for winter conditions, and treatment efficiency required. (A) Rock/media design. The following are minimum requirements for material specifications of the rock media. (i) Crushed rock, slag, or similar media should not contain more than 5.0% by weight of pieces whose longest dimension is three times its least dimension. The rock media should be free from thin, elongated and flat pieces and should be free from clay, sand, organic material, or dirt. The media should have a Morhs hardness of at least 5.0. (ii) Rock media, except for the top planting layer, should conform to the following size distribution and gradation when mechanically graded over a vibrating screen with square openings: (I) passing six inch sieve-100% by weight; (II) retained on two-inch sieve-90-100% by weight. (III) passing one-inch sieve- << 0.1% by weight. (B) Installation of the rock media. (i) Rock media shall be rinsed or washed to remove sediment. This washing should be sufficient to remove any significant amounts of dirt or accumulated debris. (ii) The proper placement and installation of media is vital to the success of the system. Undue compaction exerted on the media's surface, as it is installed and after its installation, can fracture and consolidate the media. The introduction of foreign fine particles and fracturing can adversely affect the system's hydraulic conductivity. Therefore, the following guidelines are recommended. (I) A layer of smaller rock (0.5-1.0 inches) may be used on the top of the unit to ease planting of the vegetation and aid in vector control. (II) Media should be gently put in place, avoiding excessive dropping, jostling, and abusive handling. (III) Heavy machinery should not be allowed on the surface of the media after final placement. If machinery is allowed on the surface, all tire ruts should be smoothed over to prevent ponding in ruts. (IV) Provisions should be made prior to planting to provide water and nutrients to the plants if the system start-up will be delayed. (2) Organic loadings. The following tables present typical ranges for detention time within the system in days. Each detention time represents combinations of different classes of secondary and advanced secondary treatment and different effluent parameters. Design engineers may submit justify their efficiency calculations. These times represent the theoretical detention time of wastewater within the basin. Therefore, the amount of detention volume available is equal to the basin's volume multiplied by the average porosity of the media. Evapotranspiration and precipitation should also be considered when calculating detention time. The tables are based upon an average effective porosity media of 32%, and an average wastewater treatment plant influent BOD5 of 200 mg/l. (A) Secondary and Advanced Secondary treatment. The detention times in Table Number 1 are based on the fractional BOD5 remaining in the wetland system's influent and the permitted effluent limits. For permitted effluent BOD5 concentration and removal efficiencies that fall between the listed quantities, linear interpolation is permissible. Table Number 1 is based on the following assumptions: (1) ambient winter conditions wastewater temperature of 7. 5 degrees Centigrade (45.5 degrees Fahrenheit); and (2) an average wastewater treatment plant influent BOD5 of 200 mg/l. If the wastewater winter temperature is lower wastewater winter temperature is lower than that indicated above, detention times must be modified. [graphic] (B) Advanced secondary treatment following pond systems only. The detention time is based on the assumption that the treatment facility is composed of a facultative lagoon followed by two stabilization ponds, each sized according to the current State design criteria found in this chapter. For applications where pond effluent is to be polished to meet an effluent BOD5 concentration of 30 mg/l, a minimum of one-day detention time through the wetland system will be required. (3) Oxygen loadings. Since SFS should function in an aerobic environment, the wastewater dissolved oxygen level is critical. Surface area needed to maintain sufficient oxygen transfer through developed plant roots shall be designed based on approved and acceptable engineering methods. (d) Free water surface system design. (1) Basic design parameters. FWS wetlands are sized according to primary and/or secondary treatment efficiency, i.e. fraction of remaining BOD5, and the permitted 30-day average effluent discharge concentration of BOD5. The following factors are considered in the selection of the design hydraulic and organic loadings: strength of the influent sewage, effectiveness of primary and/or secondary treatment, type of media, ambient wastewater temperature for winter conditions, and treatment efficiency required. (2) Organic loading. The following tables present typical ranges for detention time within the wetland system in days. Each detention time represents combinations of different classes of primary and secondary treatment and the different effluent parameters. Design engineers may submit sufficient operating data for similar installations, and/or actual field conditions to justify their efficiency calculations for the wetland system. The tables are based on the following assumptions: Specific surface area of the media (stems, roots, detritus, etc. 15.7 m2/m3; ambient winter conditions wastewater temperature of 7.5 degrees Centigrade (45.5 degrees Fahrenheit); and an average wastewater treatment plant influent BOD5 of 200 mg/l. (A) Secondary treatment. These detention times are based on the type and efficiency of the primary treatment unit which precedes the FWS wetlands. (i) Septic tank or facultative pond as primary treatment method: [graphic] (ii) Imhoff tank or clarification as primary treatment method: [graphic] (B) Advanced secondary treatment. The detention times given in Table Number 4 are based on the fraction of BOD5 remaining after secondary treatment. Table Number 4 assumes a wastewater treatment plant influent BOD5 of 200 mg/l. For percentages that fall between the listed quantities, linear interpolation is permissible. [graphic] (C) Vector control. The presence of mosquitos and other vectors has been associated with open water. Since the FWS systems will have open water surfaces, vector control must be a priority. Vector control mechanisms using natural controlling agents such as introduction of Gambusia spp. (mosquito fish) have been proven effective. However, if the predatory fish are used to control vectors, provisions must be made within the basin for designated open water areas so the fish can surface for oxygen. At least 20% of the basin's surface should be open to the atmosphere. Other methods of vector control may be considered. However, the introduction of chemicals (such as pesticides) should be carefully evaluated so that there are no adverse effects on vegetation or on effluent water quality. 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 12, 1991. TRD-9111319 Jim Haley Director, Legal Division Texas Water Commission Effective date: October 3, 1991 Proposal publication date: April 5, 1991 For further information, please call: (512) 463-8069 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter O. State Sales and Use Tax 34 TAC sec.3.292 The Comptroller of Public Accounts adopts an amendment to sec.3.292, concerning repair, remodeling, maintenance, and restoration of tangible personal property, without changes to the proposed text as published in the July 26, 1991, issue of the Texas Register (16 TexReg 4064). The amendment deletes the subsections relating to repairs of certain aircraft, motor vehicles, and commercial vessels. A new 34 TAC sec.3.359 concerning motor vehicles and private aircraft is being proposed to cover persons who work on private aircraft and motor vehicles. Persons repairing commercial vessels and aircraft that are licensed and certificated carriers should refer to 34 TAC sec.3. 297 concerning carriers. Other amendments clarify the sales tax responsibilities of persons who repair, restore, remodel, or maintain tangible personal property other than motor vehicles, commercial vessels, and aircraft that are licensed and certificated carriers. No comments were received regarding adoption of the amendment. The amendment is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 16, 1991. TRD-9111387 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: October 7, 1991 Proposal publication date: July 26, 1991 For further information, please call: (512) 463-4028 34 TAC sec.3.359 The Comptroller of Public Accounts adopts new sec.3.359, concerning motor vehicles and private aircraft, concerning motor vehicles and private aircraft, without changes to the proposed text as published in the July 26, 1991, issue of the Texas Register (16 TexReg 4067). The new section sets out the sales and use tax responsibilities of persons who repair, remodel, maintain, or restore motor vehicles and private aircraft. Persons who perform these activities were previously covered by 34 TAC sec.3.292, concerning repair, remodeling, maintenance, and restoration of tangible personal property. The comptroller feels that trying to cover two types of businesses with different tax responsibilities under one section is cumbersome and could be confusing to taxpayers. Also proposed for amendment is 34 TAC sec.3.292, concerning repair, remodeling, maintenance, and restoration of tangible personal property. Persons who repair, remodel, or maintain aircraft that are licensed and certificated carriers and commercial vessels should refer to 34 TAC sec.3.297, concerning carriers. The addition of paragraph (2) to subsection (c) is the result of changes to the Tax Code, Chapter 151, regarding consumable supplies used by persons repairing motor vehicles. The change regarding consumable supplies was made by the 72nd Legislature, 1991, and has an effective date of October 1, 1991. No comments were received regarding adoption of the new section. The new section is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on September 16, 1991. TRD-9111388 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: October 7, 1991 Proposal publication date: July 26, 1991 For further information, please call: (512) 463-4028 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 1. Organization and Administration Personnel and Employment Policies 37 TAC sec.1.22 The Texas Department of Public Safety adopts an amendment to sec.1.22, concerning screening of applicants on the basis of traffic and criminal record, without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4267). The adoption of this section provides that applicants with a driving while intoxicated conviction that occurred more than five years prior to date of application for employment will be allowed to compete for noncommissioned positions within the department. Paragraphs (2) is amended to delete and add language whereby a conviction of driving while intoxicated during the five-year period immediately prior to the date of application will be cause for automatic disqualification. The arrest title for driving under the influence of drugs is changed to driving while intoxicated by previous statutory provision. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Government Code, sec.411.007, which provides the Public Safety Commission with the authority to establish grades and positions for the department to set standards of qualifications for each such grade and position so establish. Rulemaking authority is granted in 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-9111238 James R. Wilson Director Texas Department of Public Safety Effective date: October 2, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 465-2000 Chapter 33. All-Terrain Operator Education and Certification Program 37 TAC sec.sec.33.2-33.4 The Texas Department of Public Safety adopts amendments to sec.sec.33.2-33.4, concerning operator education program, operator education program sponsor and instructors, and notice of hearing requirements without changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4268). The adoption of these amendments will ensure the public that administration of the All-Terrain Vehicle Program meets professional standards and state requirements for instructors of operator education programs. Section 33.2(a) is amended by adding language regarding distribution of information about Texas laws which pertain to all-terrain vehicles. Section 33.3 is amended by deleting and adding language pertaining to instructor application for certification to teach in Texas. These amendments appear in subsections (a) -(c). Amendment to sec.33.4 adds subsection (a)(5) pertaining to department revocation of certification of the applicant or instructor. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 6701c-5, which provide the Texas Department of Public Safety with the authority to adopt rules to effectively administer the All-Terrain Vehicle Education and Certification Program. 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-9111243 James R. Wilson Director Texas Department of Public Safety Effective date: October 2, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 465-2000 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 10. Family Self-Support Services Employment Services 40 TAC sec.10.2304 The Texas Department of Human Services (DHS) adopts an amendment to sec.10. 2304, concerning support services for participants in job opportunities and basic skills (JOBS) with changes to the proposed text as published in the August 6, 1991, issue of the Texas Register (16 TexReg 4276). Justification for the amendment is to ensure provision of sufficient reimbursement for transportation expenses necessary for JOBS participation, thereby allowing more clients to participate in JOBS activities helping them to gain employment and to become self-sufficient. The amendment will function by establishing a methodology by which JOBS transportation allowance limits, established by the Texas Board of Human Services on August 2, 1990, may be adjusted appropriately. No comments were received regarding adoption of the amendment. The department made one minor change to more accurately reflect current procedures for issuance of transportation allowances. The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs. sec.10.2304. Support Services for Participants in Job Opportunities and Basic Skills (JOBS). Participants in JOBS are eligible for the following reimbursements if identified as needed in the participant's mutually agreed upon service plan. (1) Transportation expense allowance-A participant may receive an allowance not to exceed a monthly amount determined by the Texas Board of Human Services for transportation expenses based on scheduled JOBS component activities. The transportation rates are based upon local transportation market surveys and are subject to changing market conditions. Changes to the rate schedules will be published periodically in the Texas Register and be available in local Texas Department of Human Services (DHS) offices. (2) (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 12, 1991. TRD-9111287 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 7, 1991 Proposal publication date: August 6, 1991 For further information, please call: (512) 450-3765 Chapter 49. Child Protective Services Subchapter P. Preparation for Adult Living 40 TAC sec.sec.49.1601-49.1603 The Texas Department of Human Services (DHS) adopts new Subchapter P, sec.sec.49.1601-49.1603, concerning preparation for adult living (PAL). Section 49. 1601 is adopted with changes to the proposed text as published in the June 7, 1991, issue of the Texas Register (16 TexReg 3131). Sections 49.1602 and 49.1603 are adopted without changes and will not be republished. The new sections are justified because they provide for the preparation of older teenagers in DHS's conservatorship to begin living independently as adults. The new sections will function by establishing a program to prepare older teenagers in substitute care to live independently as adults. The department received one written comment concerning the proposed new sections during the public comment period. A representative of the Texas Rehabilitation Commission (TRC) questioned the provision in proposed sec.49. 1601(a) that permits DHS to deny PAL services when staff document that a teenager has a disability so severe that "the teenager is unlikely to ever live independently." The commenter pointed out that the department would have to complete a comprehensive evaluation of a teenager's potential for independent living to meet this requirement. The commenter questioned the department's ability to conduct such an evaluation without special assistance, and encouraged the department to seek help from such outside resources such as the TRC's independent living centers. The department essentially agrees with this comment and is taking three steps in response to it. First, the department has revised sec.49.1601(a) to limit the scope of the needed assessment of a teenager's disability. Rather than requiring staff to determine if a disabled teenager will ever live independently, the revised section requires staff to consider whether the teenager will benefit from PAL services. In other words, staff must consider the likely benefits of the specific services that the PAL program has to offer, not the overall impact of a disability on the future course of a teenager's life. Second, to help ensure that disabled teenagers receive appropriate transitional services when PAL services are not likely to meet their needs, the department has added the following sentence to sec.49.1601(a): "When PAL services are not likely to meet the needs of a disabled teenager, PSFC staff must make reasonable efforts to refer the teenager to other services that will prepare him to live as independently as possible when he reaches adulthood." The third step the department is taking in response to the comment is to research the availability of resources for coordinating and improving transitional services to teenagers with disabilities. When this research is completed, the department will establish procedural guidelines to help PAL staff provide or arrange for these services, or refer teenagers to other providers, as appropriate. The guidelines may include directives to work with outside resources such TRC's independent living centers if the outside resources are affordable and if they help PAL staff address the needs of disabled teenagers more effectively. The new sections are adopted under the Human Resources Code, Title 2, Chapters 22 and 41, which authorizes the department to administer public assistance and child welfare programs. The new section is also adopted 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.49.1601. Required Services. (a) Participants. The Texas Department of Human Services (DHS) provides preparation-for-adult-living (PAL) services to prepare teenagers in substitute care to live independently when they become adults. DHS's Protective Services for Families and Children (PSFC) Department must provide these services to each teenager in DHS's conservatorship who is 16 years old or older and in substitute care, unless staff document that: (1) despite staff efforts to encourage the teenager to accept PAL services, the teenager refuses to do so; or (2) as a result of a severe physical, mental, or emotional handicap, or other disabling condition, the teenager is unlikely to benefit from PAL services. When PAL services are not likely to meet the needs of a disabled teenager, PSFC staff must make reasonable efforts to refer the teenager to other services that will prepare him to live as independently as possible when he reaches adulthood. (b) Training. Except for teenagers who do not participate in the PAL program for a reason specified in subsection (a) of this section, PSFC must ensure that each teenager in substitute care who is 16 or older receives training in each of the following core areas: (1) personal and interpersonal skills; (2) job skills; (3) money management; (4) housing and transportation; (5) health; and (6) planning for the future. (c) Evaluation. (1) PSFC must test each PAL participant in each core area specified in subsection (b) of this section before and after the participant receives training in that area. (2) PSFC must also conduct an assessment of each PAL participant's general readiness to live independently within four weeks of the participant's 16th birthday and again within eight weeks of the participant's discharge from substitute care. Staff use the results of the initial assessment to develop specific plans to prepare the participant to live as an adult. 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 12, 1991. TRD-9111288 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 15, 1991 Proposal publication date: June 7, 1991 For further information, please call: (512) 450-3765