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 13. CULTURAL RESOURCES
Part II. Texas Historical Commission
Chapter 23. Publications
13 TAC sec.23.3
The Texas Historical Commission proposes an amendment to  s23.3, concerning 
publications. The section is amended to incorporate the new Texas Historical 
Commission Awards under the Texas Government Code, Chapter 442. This section 
will be printed in the new rule book for the agency and distributed to the 
public.
George Ramirez, 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.
Curtis Tunnell, executive director, 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 new rules will be printed in the 
rules book for the agency which will provide guidance to the public on the 
awards of the Texas Historical Commission. There will be no effect on small 
businesses. There is no anticipated economic cost to individuals who are 
required to comply with the section as proposed.
Comments on the proposal may be submitted to Cindy Laguna Dally, Texas 
Historical Commission, P.O. Box 12276, Austin, Texas 78711, (512) 463-6100.
The amendment is proposed under the Texas Government Code, Chapter 442, which 
provides the Texas Historical Commission with the authority to adopt rules as it 
considers proper for the effective administration of this chapter 
(sec.442.005(q)) .
sec.23.3. Awards.  The following preservation awards will be presented by the 
agency, with requirements and criteria detailed in the Current <nl>Texas<ol> 
[Historic] Preservation Handbook for County Historical Commissions, which is 
available from the Texas Historical Commission.
<nl>(1) govenor's award for historic preservation;
<nl>(2) the Ruth Lester lifetime achievement award;
<nl>(3) T. R. Fehrenbach book award;
<nl>(4) Glenda Morgan award of excellence in museums;
<nl>(5) award of excellence in historic architecture;
<nl>(6) award of excellence in preserving history;
<nl>(7) award of excellence in archeology;
<nl>(8) award of merit in history preservation;
<nl>(9) museum awards;
<nl>(10) distinguished service award;
<nl>(11) John Ben Shepperd leadership award;
<nl>(12)  outstanding volunteer of the year award.
[(1) distinguished service award for county historical commissions;
[(2) award of merit for county historical commissions;
[(3) best program of work for county historical commissions;
[(4) best county historical commission newsletter;
[(5) John Ben Shepperd award for outstanding chairman of a county historical 
commission;
[(6) outstanding committee chairman of a county historical commission;
[(7) outstanding member of a county historical commission;
[(8) T. R. Fehrenbach publications contest;
[(9)  special historic preservation award for news media;
[(10) Texas award for historic preservation;
[(11) Texas award for the preservation of historic architecture;
[(12) Ruth Lester award for meritorious service in historic preservation;
[(13) special certificate of commendation for historic preservation at the 
county level;
[(14)  outstanding interpretive exhibit/media award for museums;
[(15)  outstanding education program award for museums;
[(16) outstanding community involvement award for museums;
[(17) Glenda Morgan award for excellence for meritorious museum service;
[(18) twenty-year service award for county historical commission members; and
[(19) John and Joyce Karr award.]
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on July 26, 1991.
TRD-9111557
Curtis Tunnell
Executive Director
Texas Historical Commission
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 463-6100
       
TITLE 16. ECONOMIC REGULATION
Part II. Public Utility Commission of Texas
Chapter 23. Substantive Rules
Records and Reports
16 TAC sec.23.12
The Public Utility Commission of Texas proposes an amendment to sec.23.12, 
concerning financial records and reports. The proposed amendment updates 
telephone and electric utility classifications based on operating revenues and 
deletes certain filing requirements, such as quarterly shareholder reports and 
correspondence relating to federal filings. In addition, the proposed amendment 
imposes upon utilities the requirement to file audited financial statements if 
those statements are not included in the annual report to shareholders, 
customers, or members that the utility is currently obligated to file.
Susan M. Hafeli, assistant general counsel, has determined that for the first 
five-year period the section is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section.
Ms. Hafeli 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 consistency, for accounting and reporting purposes, between the 
federal and state jurisdictions, as well as an improvement in the commission's 
ability to confirm the information contained in earnings reports submitted 
pursuant to subsection (b)(2). There will be no effect on small businesses. The 
economic cost to utilities required to comply with the proposed section is 
expected to be minimal. It is anticipated that public comments will provide 
estimates of the costs, if any, of compliance.
Susan M. Hafeli also has determined that for each of the first five years the 
proposed section is in effect there will be no impact on employment in the 
geographical areas affected by implementing the requirements of this section.
Comments on the proposed amendments (13 copies) may be submitted to Mary Ross 
McDonald, Secretary, Public Utility Commission of Texas, 7800 Shoal Creek 
Boulevard, Austin, Texas 78757, within 30 days after publication. Comments 
should refer to Project Number 10487.
The amendment is proposed under Texas Civil Statutes, Article 1446c, sec.16, 
which provide the Public Utility Commission of Texas with the authority to make 
and to enforce rules reasonably required in the exercise of its powers and 
jurisdiction.
sec.23.12. Financial Records and Report.
(a) Uniform system of accounts. Every public utility shall keep uniform accounts 
as prescribed by the commission of all business transacted. The classification 
of utilities, index of accounts, definitions, and general instructions 
pertaining to each uniform system of accounts as amended from time to time shall 
be adhered to at all times, unless provided otherwise by these rules, or 
specifically permitted by the commission.
(1) Classification. For the purposes of accounting and reporting to the 
commission, each public utility shall be classified [with respect to its annual 
operating revenues] as follows.
(A) Telephone utilities.
(i) Class A: <nl>utilities with<ol> annual <nl>regulated <ol> operating revenues 
exceeding <nl>$100<ol> [$1] million.
(ii) Class B: <nl>utilities with<ol> annual <nl>regulated <ol> operating 
revenues less than <nl>$100<ol> [$1] million.
(B) Electric utilities.
(i)<nl> Major: utilities that had in each of the last three consecutive years 
sales or transmission service that exceeded any one or more of the following:
<nl>(I) one million megawatt-hours of total sales;
<nl>(II) 100 megawatt-hours of sales for resale;
<nl>(III)  500 megawatt-hours of gross interchange out; or
<nl>(IV) 500 megawatt-hours of wheeling for others (deliveries plus losses).
[(i)  Class A: annual operating revenues exceeding $2.5 million.]
(ii) <nl> Nonmajor: utilities that are not classified as "major" (as defined in 
clause (i) of this subparagraph).
[(ii) Class B: annual operating revenues exceeding $1 million but not more than 
$2.5 million].
[(iii)  Class C: annual operating revenues exceeding $150,000, but not more than 
$1 million].
[(iv) Class D: annual operating revenues not exceeding $150,000.]
(2) System of accounts. For the purpose of accounting and reporting to the 
commission, each public utility shall maintain its books and records in 
accordance with the following prescribed uniform system of accounts.
(A) (No change.)
(B) Electric utilities.
(i) <nl> Major<ol> [Class A]: uniform system of accounts as adopted and amended 
by the Federal Energy Regulatory Commission for <nl>Major<ol> [Class A] 
utilities or other commission-approved system of accounts as will be adequately 
informative for all regulatory purposes.
(ii)<nl> Nonmajor<ol> [Class B]: uniform system of accounts as adopted and 
amended by the Federal Energy Regulatory Commission for <nl>Nonmajor<ol> [Class 
B] utilities or other commission-approved system of accounts as will be 
adequately informative for all regulatory purposes.
[(iii)<ol>Class C: uniform system of accounts as adopted and amended by the 
Federal Energy Regulatory Commission for Class C utilities or other commission-
approved system of accounts as will be adequately informative for all regulatory 
purposes.
[(iv) Class D: uniform system of accounts as adopted and amended by the Federal 
Energy Regulatory Commission for Class D utilities or other commission-approved 
system of accounts as will be adequately informative for all regulatory 
purposes.]
(C)-(D) (No change.)
(3)-(4) (No change.)
(b) Financial and operating reports. The following financial and operating 
reports shall be filed with the commission.
(1) Annul reports.
(A) Telephone utilities<nl>:<ol>[.]
[(i)] Each Class A and B telephone utility shall file with the commission the 
same annual report as is required of such utility by the Federal Communications 
Commission or United States Department of Agriculture-Rural Electrification 
Administration<nl>. <ol> [, and a copy of all correspondence had with respect 
thereto. Class A and B telephone utilities which are not required to file such 
reports shall submit to the commission an annual report on the form prescribed 
by the Federal Communications Commission.] <nl>Such annual reports shall be 
filed on the same dates as required to be filed by the Federal Communications 
Commission or the United States Department of Agriculture-Rural Electrification 
Administration, whichever is applicable.
[(ii) All telephone utilities filing a consolidated system report with the 
Federal Communications Commission or operating in the State of Texas and other 
states shall file a supplemental annual report on a form prescribed by the 
commission showing the total operation (interstate and intrastate combined) in 
Texas.]
(B)  Electric utilities.
(i) Each <nl>Major <ol> [Class A and B] electric utility shall file with the 
commission the same annual report required by the Federal Energy Regulatory 
Commission or United States Department of Agriculture-Rural Electrification 
Administration<nl>. <ol> [and a copy of all correspondence had with respect 
thereto.] Such annual reports shall be filed with the commission on the same 
dates as required to be filed by the Federal Energy Regulatory Commission or 
United States Department of Agriculture-Rural Electrification Administration, 
whichever is applicable. [Class A and B electric utilities which are not 
required to file such reports shall file with the commission an annual report on 
the form prescribed by the Federal Energy Regulatory Commission.]
(ii) Each <nl>Nonmajor <ol> [Class C and D] electric utility shall file with the 
commission the same annual report as is required of such utility by the 
<nl>Federal Energy Regulatory Commission or  <ol>United States Department of 
Agriculture-Rural Electrification Administration. <nl>Such annual reports shall 
be filed with the commission on the same dates as required to be filed by the 
Federal Energy Regulatory Commission or United States Department of Agriculture-
Rural Electrification Administration, whichever is applicable.  <ol>[Class C and 
D electric utilities which are not required to file such report shall file with 
the commission an annual report on a form prescribed by the commission.]
(C) Each utility <nl>and utility holding company<ol> shall submit to the 
commission three copies of its annual report to shareholders, customers, or 
members. <nl>Unless included in the annual report to shareholders, customers or 
members, each utility shall file concurrently with the filing of such report 
three copies of any audited financial statements that may have been prepared on 
its behalf.<ol> [Each utility or utility holding company subject to annual 
reporting to the Securities and Exchange Commission shall file three copies of 
such annual report with the commission.]
(2) Semi-annual and annual earnings reports. Each utility shall file with the 
commission <nl>an<ol> earnings <nl>report<ol> [reports] <nl>providing<ol> 
[showing] the information required by the commission to enable it to properly 
monitor telephone and electric utilities within the state. <nl>Each utility 
shall report information related to 12 months of operations as specified in the 
instructions to the reports.<ol> [The semi-annual and annual reports shall be 
filed on a calendar year basis.] Each utility shall file three copies of the 
commission-prescribed earnings report and shall electronically transmit one copy 
of the report no later than the dates prescribed in sec.23.11 of this title 
(relating to General Reports).
(A) Telephone utilities.
(i)<nl> Investor-owned utilities. <ol>[All telephone utilities except 
cooperatives.] Each  <nl>investor-owned<ol> telephone utility [except 
cooperatives] shall file earnings reports on a semi-annual and annual basis.
(ii) (No change.)
(B) Electric utilities.
(i)  Invetor-owned utilities. Each investor-owned electric utility shall file 
earnings reports on a semi-annual and annual basis. [However, for the monitoring 
period for January 1, 1989-December 31, 1989, each investor-owned utility shall 
file one earnings report on or before April 10, 1990. For the 1990 monitoring 
period and thereafter, each investor-owned electric utility shall file earnings 
reports on a semi-annual and annual basis.]
(ii) (No change.)
[(3) Quarterly shareholder reports. Each utility shall submit to the commission 
three copies of its quarterly report to shareholders, customers, or members.]
<nl>(3)<ol>[(4)] Securities and Exchange Commission reports.  <nl>Each utility 
and utility holding company subject to reporting requirements of the Securities 
and Exchange Commission shall file three copies of each required report with the 
commission.  <ol>Three copies of <nl>each such report including<ol> [all] 1O-Ks, 
10-Qs, 8-Ks, <nl>annual reports<ol>, and registration statements filed with the 
Securities and Exchange Commission shall be submitted to the commission no later 
than 15 days from the initial filing date with the Securities <nl>and<ol> 
Exchange Commission.
[(5)  Duplicate information. A utility shall not be required to file with the 
commission forms or reports which duplicate information already on file with the 
commission.]
(c)-(d) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 23, 1991.
TRD-9111675
Mary Ross McDonald
Secretary
Public Utility Commission of Texas
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 458-0100
       
16 TAC sec.23.17
The Public Utility Commission of Texas proposes new sec.23.17, concerning the 
administration of pool revenues in Texas. The purpose of this section is to 
establish procedures for commission review of administration of intraLATA 
compensation and Interexchange Carrier Access Charge Revenues. The proposed rule 
does not endorse the Local Exchange Carrier (LEC) industry's specific proposed 
revisions to the toll pool. Revisions would be reviewed under the procedures 
established by the proposed section. Current procedures are also subject to such 
review.
The proposed section provides for the establishment of an exchange carrier 
association, authorizes the development of procedures by that association for 
distribution of revenues which may allow for some LECs to pool while allowing 
others to withdraw from pooling, establishes general guidelines for the 
development of access charges between the LECs, allows for transition payments 
to be made by LECs, establishes commission review of the initial procedures and 
subsequent changes to these procedures for intraLATA compensation, formalizes 
the record keeping process for commission review, and allows for formal 
inquiries into any issue pertaining to this section.
Rick Guzman, assistant general counsel, has determined that there will be no 
fiscal implications for state or local governments as a result of enforcing or 
administering the section.
Mr. Guzman also has determined that for each year of the first five years the 
proposed section is in effect, the public benefit anticipated as a result of 
enforcing the section will be the establishment of an on-going public interest 
review process for the administration of pooled intraLATA revenues in Texas. The 
rule assures that intraLATA revenue distribution procedures developed by the 
exchange carrier association will be fair, reasonable, and in accordance with 
commission orders, and that the revenue distribution procedures will not be 
modified absent a showing of good cause and a furthering of the public interest. 
There will be no effect on small businesses as a result of enforcing the 
section. The anticipated economic costs to persons who are required to comply 
with the proposed section are expected to be minimal.
Mr. Guzman has determined that for each year of the first five years the 
proposed section is in effect there will be no impact on employment in the 
geographical areas affected by implementing the requirements of the new section.
Comments on the proposal (11 copies) may be submitted in writing to Mary Ross 
McDonald, Secretary of the Commission, Public Utility Commission of Texas, 7800 
Shoal Creek Boulevard, Austin, Texas 78757, within 30 days of the date of 
publication. Interested persons are asked to comment on what notification 
requirements, such as publication in the Texas Register , should be applied to 
the initial filing of procedures and to any changes to procedures. Comments 
should refer to Project Number 10580.
The new section is proposed under Texas Civil Statutes, Article 1446c, 
sec.16(a), which authorize the Public Utility Commission of Texas to make and 
enforce rules that are reasonably required in the exercise of its powers and 
jurisdiction and sec.18, which grants the commission the authority and power to 
carry out the public policy of this state to protect the public interest in 
having adequate and efficient telecommunication service available to all 
citizens of the state at just, fair, and reasonable rates.
sec.23.17. Administration of IntraLATA Compensation and Interexchange Carrier 
Access Charge Revenues.
(a) Purpose. The provisions of this section are intended to ensure that the 
revenues from Intrastate IntraLATA Message Toll Services (MTS), Wide Area 
Telecommunications Services (WATS), Private Line Services, and from the 
imposition of access charges for the origination or termination of these 
services when provided between local exchange carriers are distributed in a fair 
and reasonable manner; and that revenues from Intrastate Interexchange Carrier 
Access Charges (ICAC) are distributed in accordance with commission orders.
(b) Exchange carrier association. An association shall be established by the 
local exchange carriers of Texas in order to develop administrative procedures 
for the purpose set out in subsection (a) of this section. These procedures 
shall include procedures for the distribution of revenues from the ICAC and from 
Intrastate IntraLATA MTS, WATS, Private Line Services, and from the imposition 
of access charges for the origination or termination of these services when 
provided between local exchange carriers.
(c) Procedures for the distribution of revenues.
(1) Procedures developed by the association may allow for the pooling of those 
revenues described in subsection (a) of this section.
(2) Procedures developed by the association may allow local exchange carriers to 
withdraw or remain as participants in the pooling of those revenues described in 
subsection (a) of this section.
(3) Procedures developed by the association may provide for the imposition of 
access charges for the origination or termination of the services described in 
subsection (a) of this section when provided between local exchange carriers. 
Any such access charges shall be imposed at the same rates and under the same 
terms and conditions as access services are provided to interexchange carriers 
in Texas.
(4)  Procedures developed by the association may provide for transition payments 
to be made by local exchange carriers.
(d) Initial filing of procedures. On the effective date of this section, the 
association shall file with the commission all administrative procedures 
developed for the purpose set out in subsection (a) of this section, and all 
procedures that are used to determine the distribution of those revenues 
described in subsection (a) of this section. Within 30 days of filing, any 
affected person may request that the procedures be docketed and upon such 
request the procedures shall be docketed. If the initial procedures are docketed 
within 30 days of filing, those initial procedures will remain in effect subject 
to modification or reversal upon final determination of the commission or 
examiner. If the initial procedures are not docketed within 30 days of filing, 
those initial procedures will remain in effect unless changed pursuant to 
subsection (e) or (g) of this section.
(e) Changes to the procedures.
(1) The association must file with the commission any changes to the 
administrative procedures, including any changes to the procedures that affect 
the distribution of those revenues described in subsection (a) of this section, 
that occur after the initial filing of procedures within 30 days of the 
implementation of such changes.
(2)  For changes to the procedures that affect the distribution of those 
revenues described in subsection (a) of this section, the association must also 
file an application for approval of such changes within 30 days of their 
implementation. Such changes are subject to a final determination of the 
commission or the examiner. The commission or the examiner may in the final 
determination reverse or modify all or some of the changes. The commission shall 
process all applications for approval of changes using the criteria and 
procedures set out in subparagraphs (A)-(C) of this paragraph.
(A) Each application shall contain a certificate of service attesting that a 
copy of the request has been served upon the Office of Public Utility Counsel.
(B) Each application shall:
(i) clearly set forth the good cause for approval of the changes;
(ii) describe how the changes will affect the public interest;
(iii) identify the annual revenue impact on each local exchange carrier affected 
by the changes; and
(iv) state whether the annual revenue impact identified in clause (iii) of this 
subparagraph will require any local exchange carrier to request a rate increase 
under Texas Civil Statutes, Article 1446c, sec.43, within one year of the filing 
of the application.
(C) Each application shall be assigned a project control number, assigned to an 
examiner, and reviewed administratively.
(i) No later than 30 days after the filing date of the application, interested 
persons other than the commission staff and the Office of Public Utility Counsel 
may file written comments or recommendations concerning the application. No 
later than 45 days after the filing of the application, the Office of Public 
Utility Counsel may file written comments or recommendations concerning the 
application. No later than 60 days after the filing of the application, the 
commission staff shall file written comments or recommendations concerning the 
application.
(ii) Within 90 days of filing, after administrative review, the presiding 
examiner shall approve, approve with modification, deny, or docket the 
application. The examiner may postpone a decision on the application beyond the 
90th day after filing if he or she finds that additional information is needed 
to determine whether good cause exists.
(iii) If the presiding examiner approves, approves with modification, or denies 
the application, any party that has participated in the review process may 
request, within 10 days of the examiner's ruling, that the application be 
docketed and upon such request, the application may be docketed.
(iv) If the presiding examiner has approved, approved with modification, or 
denied the application and the application has not been docketed pursuant to 
subparagraph (C) of this paragraph, a copy of the examiner's ruling shall be 
provided to the commission. The commission may, within 40 days of the examiner's 
ruling, overrule the approval or denial and order that the application be 
docketed.
(f) Association records. The association shall maintain accurate historical and 
current records necessary to determine the appropriate management and 
distribution of those revenues described in subsection (a) of this section. The 
association shall make available to the Public Utility Commission of Texas and 
to the Office of Public Utility Counsel all books, records, studies, electronic 
databases, or other information upon request. Any claims of confidentiality that 
accompany information provided to the Public Utility Commission of Texas or to 
the Office of Public Utility Counsel will be subject to the provision of Texas 
Civil Statutes, Article 6252-17a.
(g) Formal inquiry. Upon its own motion, upon the motion of the general counsel, 
or upon petition of any affected person, the commission may initiate a formal 
inquiry into any matter pertaining to 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 23, 1991.
TRD-9111676
Mary Ross McDonald
Secretary of the Commission
Public Utility Commission of Texas
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 458-0100
       
(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 Public Utility 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Public Utility Commission of Texas proposes the repeal of and new sec.23. 
32, concerning automatic dial announcing devices and telephone solicitation. The 
purpose of the new section is to regulate the use of automatic dial announcing 
devices (ADADs); to require local exchange carriers (LECs), to inform their 
customers of provisions of the law regarding telephone solicitation; and to 
ensure that telephone solicitors implement in-house systems and procedures to 
ensure that they do not repeatedly solicit persons who ask not to receive 
consumer telephone calls.
Proposed new subsection (a) states the commission's objective in adopting such a 
rule. Proposed subsection (b) defines terms used in the section to provide a 
better understanding of the scope and effect of the proposed rules. The 
technical requirements, standards, and limitations of ADAD operators are 
contained in subsection (c). Proposed subsection (d) establishes requirements 
for permit application and renewal. This subsection also gives the commission 
the authority to revoke a permit for failure to comply with this rule. The 
entities which are exempt from permit requirements are set out in subsection 
(e). The commission investigation and enforcement provisions, along with the 
LECs' requirements to forward ADAD complaints to the commission, are contained 
in subsection (f). Proposed subsection (g) states the commission's newly granted 
power to impose administrative penalties for violations of this rule. Proposed 
subsection (h) requires that LECs notify all their customers of the new 
telephone solicitation law and imposes certain requirements on every telephone 
solicitor.
Raymond W. Cooper, assistant general counsel, has determined that for the first 
five-year period the repeal and new section are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the repeal and new section.
Mr. Cooper also has determined that for each year of the first five years the 
repeal and new section are in effect the public benefit anticipated as a result 
of enforcing the repeal and new section will be to make the PUC rules consistent 
with the new statutory mandates of Senate Bill 1262 and Senate Bill 1169. There 
will be no effect on small businesses. There is no anticipated economic cost to 
persons who are required to comply with the repeal and new section as proposed.
Mr. Cooper has determined that for each year of the first five years the 
proposed repeal and new section are in effect there will be no impact on 
employment in the geographic areas affected by implementing the requirements of 
the section.
Comments on the proposed amendment may be submitted to Mary Ross McDonald, 
Secretary of the Commission, 7800 Shoal Creek Boulevard, Suite 124S, Austin, 
Texas 78757, within 30 days after publication. Comments should refer to PUC 
Project Number 10517.
Certification
16 TAC sec.23.32
The repeal is proposed under Texas Civil Statutes, Article 1446c, sec.16, which 
provide the Public Utility Commission of Texas with authority to make and to 
enforce rules reasonably required in the exercise of its powers and 
jurisdiction.
sec.23.32. Permits for Automatic Dial Announcing Devices.
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 20, 1991.
TRD-9111635
Mary Ross McDonald
Secretary of the Commission
Public Utility Commission of Texas
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 458-0100
       
The new section is proposed under Texas Civil Statutes, Article 1446c, sec.16, 
which provide the Public Utility Commission of Texas with authority to make and 
to enforce rules reasonably required in the exercise of its powers and 
jurisdiction.
sec.23.32. Automatic Dial Announcing Devices and Telephone Solicitation.
(a) Purpose. The purpose of this section is to regulate the use of automatic 
dial announcing devices, to require local exchange carriers (LECs) to inform 
their customers of provisions of the law regarding telephone solicitation, and 
to ensure that telephone solicitors implement systems and procedures to ensure 
that they do not repeatedly solicit persons who ask not to receive consumer 
telephone calls.
(b) Definition. The following words and terms, when used in this section, shall 
have the following meanings unless the context clearly indicates otherwise.
(1) Automatic dial announcing device (ADAD)-Any automatic equipment used for 
telephone solicitation or collection that:
(A) is capable of storing numbers to be called, or has a random or sequential 
number generator capable of producing numbers to be called; and
(B) alone or in conjunction with other equipment, can convey a prerecorded or 
synthesized voice message to the number called without the use of a live 
operator.
(2) Consumer telephone call-An unsolicited call made to a residential telephone 
number by a telephone solicitor to:
(A) solicit a sale of a consumer good or service;
(B)  solicit an extension of credit for a consumer good or service; or
(C)  obtain information that will or may be used to directly solicit a sale of a 
consumer good or service or to extend credit for the sale.
(3) Consumer good or service-:
(A) real property or tangible or intangible personal property that is normally 
used for personal, family, or household purposes, including personal property 
intended to be attached to or installed in any real property;
(B) a cemetery lot;
(C) a time-share estate; and
(D) a service related to real or personal property.
(4)  Pay-per-call information service-A service that allows a caller to dial a 
specified "900" or "976" number to call a service that routinely delivers, for a 
predetermined and sometimes time-sensitive fee, a prerecorded or live message or 
interactive program.
(5) Telephone solicitation-An unsolicited telephone call.
(6) Telephone solicitor-A person who makes or causes to be made a consumer 
telephone call, including a call made by an ADAD.
(c)  Requirement for use of an automatic dial announcing device. A person who 
operates an ADAD to make a telephone call in which the device plays a recorded 
message when a connection is completed to a telephone number must comply with 
the following requirements.
(1) An ADAD operator must obtain a permit from the commission and give written 
notice specifying the type of device to each telecommunications utility over 
whose system the device is to be used.
(2) The device must not be used for random number dialing or to dial numbers by 
successively increasing or decreasing integers.
(3) The message must state during the first 30 seconds of the call the nature of 
the call, the identity of the person, company, or organization making the call, 
and the telephone number from which the call was made.
(4) The device must disconnect from the called person's line no later than 30 
seconds after the call is terminated by either party or, if the device cannot 
disconnect within that period, a live operator must introduce the call and 
receive the oral consent of the called person before beginning the message.
(5) For calls terminating in this state, the device must not be used to make a 
call:
(A) for solicitation before noon or after 9 p.m. on a Sunday or before 9 a.m. or 
after 9 p.m. on a weekday or a Saturday; or
(B) for collection purposes at an hour at which collection calls would be 
prohibited under the federal Fair Debt Collection Practices Act (15 United 
States Code, sec.1692 et seq).
(6) Calls may not be made to emergency telephone numbers of hospitals, fire 
departments, law enforcement offices, or other entities providing emergency 
service.
(7) If during a call a cross-promotion or reference to a pay-per-call 
information service is made, the call must include:
(A) a statement that a charge will be incurred by a caller who makes a call to a 
pay-per-call information services telephone number;
(B) the amount of the flat-rate or cost-per-minute charge that will be incurred 
or the amount of both if both charges will be incurred; and
(C)  the estimated amount of time required to receive the entire information 
offered by the service during a call.
(d) Permit to operate an ADAD.
(1) An application for a permit to use one or more ADADs must be made using a 
form prescribed by the commission and must be accompanied by a fee of $500. A 
permit is valid for one year after its effective date. A person holding a permit 
on the effective date of this rule must apply for renewal within 60 days. 
Subject to paragraph (3) of this subsection, a permit may be renewed annually by 
making the filing required by this section and paying a filing fee of $100.
(2) Each application for the issuance or renewal of a permit under this section 
must contain the telephone number of each ADAD that will be used and the 
physical address from which the ADAD will operate. If the telephone number of an 
ADAD or the physical address from which the ADAD operates changes, the owner or 
operator of the ADAD shall notify the commission by certified mail of each new 
number or address not later than the 48th hour before the hour at which the ADAD 
will begin operating with the new telephone number or at the new address. If the 
owner or operator of an ADAD fails to notify the commission as required by this 
subsection within the period prescribed by this subsection, the permit is 
automatically invalid.
(3) In determining if a permit should be issued or renewed, the commission will 
consider the compliance record of the owner or operator of the ADAD. The 
commission may deny an application for the issuance or renewal of a permit 
because of the applicant's compliance record.
(4) A LEC may obtain on request to the commission a copy of a permit issued 
under this section and of any changes relating to the permit.
(5)  The commission may revoke a permit to operate an ADAD for failure to comply 
with this section.
(e) Exceptions. This section does not apply to the use of an ADAD to make a 
telephone call:
(1) relating to an emergency or a public service under a program developed or 
approved by the emergency management coordinator of the county in which the call 
was received; or
(2)  made by a public or private primary or secondary school system to locate or 
account for a truant student.
(f) Complaints, investigation, and enforcement.
(1) If the commission determines that a person has violated the requirements of 
this section, the telecommunications utility providing service to the user of 
the ADAD shall disconnect service to the person. The telecommunications utility 
may reconnect service to the person only on a determination by the commission 
that the person will comply with this section. The utility shall give notice to 
the person using the device of its intent to disconnect service not later than 
the third day before the date of the disconnection, except that if the device is 
causing network congestion or blockage, the notice may be given on the day 
before the date of disconnection.
(2) A telecommunications utility may, without an order by the commission or a 
court, disconnect or refuse to connect service to a person using or intending to 
use an ADAD if the utility determines that the device would cause or is causing 
network harm.
(3) A LEC that receives a complaint relating to the use of an ADAD shall send 
the complaint to the commission according to the following guidelines:
(A) the complaint shall be recorded on a form prescribed by the commission;
(B) the LEC shall inform the complainant that the complaint, including the 
identity of the complainant and other information relevant to the complaint, 
will be forwarded to the commission;
(C) the complaint shall be forwarded to the commission within one business day 
of its receipt by the LEC.
(g)  Penalties. A person who operates an ADAD without a valid permit or with an 
expired permit or who otherwise operates the ADAD in violation of this section 
or a commission order is subject to an administrative penalty of not more than 
$1,000 for each day or portion of a day during which the ADAD was operating in 
violation of this section.
(h) Telephone solicitation.
(1)  Each LEC shall inform its customers of the provisions of the Business and 
Commerce Code, Chapter 37 and the Public Utility Regulatory Act, sec.119 (Texas 
Civil Statutes, Article 1446c Texas Civil Statutes) by:
(A) inserting the notice annually in the billing statement mailed to a customer; 
or
(B)  publishing the notice in the consumer information pages of its local 
telephone directory.
(2) Every telephone solicitor operating in this state who makes consumer 
telephone calls shall implement in-house systems and procedures so that every 
effort is made not to call consumers who ask not to be called again.
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 20, 1991.
TRD-9111636
Mary Ross McDonald
Secretary of the Commission
Public Utility Commission of Texas
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 458-0100
       
Part VI. Texas Motor Vehicle Commission
Chapter 107. Warranty Performance Obligations
16 TAC sec.107.7
(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 Motor 
Vehicle Commission or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Motor Vehicle Commission proposes the repeal of sec.107.7, concerning 
hearing officer's proposals for decision in lemon law cases.
Existing sec.107.7 is proposed to be repealed in conjunction with a separate 
concurrent proposal by which the commission is proposing the adoption of a new 
sec.107.7 which contains a revision of the procedure for issuing decisions and 
final orders in lemon law cases. This change is proposed to comply with 
amendments to lemon law enacted by 72nd Legislature.
Russell Harding, 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. Harding also has determined that for each year of the first five years the 
repeal is in effect there will be no public benefit anticipated as a result of 
enforcing the repeal. 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 Ruth Casarez, Assistant-Consumer 
Affairs, Texas Motor Vehicle Commission, P.O. Box 2293, Austin, Texas 78768.
The repeal is proposed under Texas Civil Statutes, Article 4413(36), sec.6. 
07(e), which provide the commission with authority to adopt rules necessary and 
convenient to effectuate the provisions of the Texas Motor Vehicle Commission 
Code, sec.6.07.
sec.107.7. Hearing Officer's Proposal for Decision.
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 23, 1991.
TRD-9111671
Ruth Casarez
Assistant Director-Consumer Affairs
Texas Motor Vehicle Commission
Proposed date of adoption: October 30, 1991
For further information, please call: (512) 476-3618
       
The Texas Motor Vehicle Commission proposes new sec.107.7, concerning the 
procedure for deciding lemon law cases. The new section also sets forth the 
procedure for filing motions for rehearing and appeals in lemon law cases. The 
new section is required to comply with legislative changes to the lemon law 
during the 72nd Legislature. The current sec.107.7 relating to hearing officer's 
proposals for decision and the procedures parties are required to follow in 
filing exceptions and requests for oral argument before the commission is 
proposed to be repealed by a separate concurrent submission.
The new sec.107.7 will be titled, "Contested Cases: Decisions and Final Orders. 
" It provides the executive director with authority to delegate final decision-
making authority to hearings officers who conduct lemon law hearings. After 
conducting the hearings, the hearings officers would be required to prepare a 
decision and final order to be sent to the parties. A party who disagreed with 
the decision and final order would be permitted to file a motion for rehearing 
either before the executive director or the commission, as a body. The new 
section indicates the specific requirements involved in filing a motion for 
rehearing and/or an appeal thereafter.
Russell Harding, 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.
Pursuant to Senate Bill 612, Chapter 845, Mr. Harding has determined that for 
each year of the first five years the section is in effect, there will be no 
impact on local employment.
Mr. Harding 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 greater protection afforded complainants, consistent with 
the legislature's intent that lemon law complaints be more expeditiously 
processed and final decisions be more speedily issued. There will be no effect 
on small businesses, other than the requirement of becoming familiar with the 
new section in order to insure compliance. 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 by October 28, 1991, to Ruth Casarez, 
Assistant Director-Consumer Affairs, Texas Motor Vehicle Commission, P. O. Box 
2293, Austin, Texas 78768-2293.
The new section is proposed under Texas Civil Statutes, Article 4413(36), 
sec.6.07(e)(2), which provide that the commission shall adopt rules for 
procedures to be used by the executive director in the conduct of hearings and 
issuance of final orders in cases filed under the Texas Motor Vehicle Commission 
Code, sec.6.07.
sec.107.7. Contested Cases: Decisions and Final Orders. <ol> To expedite the 
resolution of lemon law cases, the executive director is authorized to delegate 
final decision-making authority to hearings officers. Review of the hearings 
officers' decisions and final orders shall be according to the procedures set 
forth as follows.
(1) Hearings officer will prepare a written decision and final order as soon as 
possible but not later than 60 days after the hearing is closed. The decision 
and order will include the hearings officer's findings of fact and conclusions 
of law.
(2) The decision and final order shall be sent to all parties of record by 
certified mail.
(3) The decision and order is final and binding on the parties, in the absence 
of a timely motion for rehearing, on the expiration of the period for filing a 
motion for rehearing.
(4) A party who disagrees with the decision and final order may file a motion 
for rehearing within 20 days of the mailing of the final order. Replies to a 
motion for rehearing must be filed with the agency within 30 days after the date 
of the mailing of the final order.
(5) A motion for rehearing may be directed either to the executive director or 
to the commission, as a body, at the election of the party filing the motion. If 
the party filing the motion does not include a specific request for a rehearing 
by the members of the commission, the motion shall be deemed to be a request for 
a rehearing by the executive director.
(6) The executive director or the commission, as appropriate, must act on the 
motion within 45 days after the mailing of the final order or it is overruled by 
operation of law. The executive director or the commission, as appropriate, may, 
by written order, extend the period for filing, replying to, and taking action 
on a motion for rehearing, not to exceed 90 days after the date of mailing the 
final 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 mailing of the 
final order.
(7) If the executive director or the commission grants a motion for rehearing, 
the parties will be notified by first class mail. A rehearing before the 
executive director will be scheduled as promptly as possible. A rehearing before 
the commission will be scheduled at the earliest possible meeting of the 
commission. After rehearing, the executive director or commission shall issue a 
final order and any additional findings of fact or conclusions of law necessary 
to support the decision. The executive director or the commission may also issue 
an order granting relief requested in a motion for rehearing or replies thereto 
without the need for a rehearing. If a motion for rehearing and the relief 
requested is denied, an order so stating will be issued.
(8) A person who has exhausted all administrative remedies, and who is aggrieved 
by a final decision in a contested case from which appeal may be taken is 
entitled to judicial review under the substantial evidence rule. The petition 
shall be filed in a district court of Travis County within 30 days after the 
decision or order of the agency is final and appealable. A copy of the petition 
must be served on the agency and any other parties of record. After service of 
the petition on the agency and within the time permitted for filing an answer, 
the agency 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 presented to the agency, the agency may modify its findings and decision or 
order by reason of the new evidence, and shall transmit the additional record to 
the court.
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 23, 1991.
TRD-9111672
Ruth Casarez
Assistant Director-Consumer Affairs
Texas Motor Vehicle Commission
Proposed date of adoption: October 30, 1991
For further information, please call: (512) 476-3618
       
TITLE 22. EXAMINING BOARDS
Part X. Texas Funeral Service Commission
Chapter 201. Licensing and Enforcement-Practice and Procedure
The Texas Funeral Service Commission proposes amendments to sec.201.11 and 
sec.201.12, concerning disciplinary guidelines and retired licenses. Section 
201. 11 gives the board guidelines to follow when disciplinary action is taken 
against apprentices, licensees, and establishments. The amendment to sec.201.12 
will provide the same benefits and procedures to individuals with a 75% or 
greater disability as currently applied to retired licensees.
Larry A. Farrow, 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.
Mr. Farrow 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 provide the commission and independent hearing officers 
with guidelines when assessing administrative penalties against individuals or 
establishments found not in compliance with the laws, and to provide the same 
benefits and procedures to individuals with a 75% or greater disability as 
currently applied to retired licensees. 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 Larry A. Farrow, Executive 
Director, 8100 Cameron Road, Building B, Suite 550, Austin, Texas 78753.
22 TAC sec.201.11
The amendment is proposed under Texas Civil Statutes, Article 4582b, sec.5, 
which provide the Texas Funeral Service Commission with the authority to 
promulgate rules and regulations.
sec.201.11. Disciplinary Guidelines.
(a) When the commission finds that an apprentice, individual licensee, or 
licensed funeral establishment has committed any of the acts or violated any of 
the provisions of Texas Civil Statutes, Article 4582b, sec.3(H) or sec.4(D), or 
any of the provisions of the rules and regulations promulgated by authority of 
that Act, it shall issue a final order imposing appropriate penalties that 
include the placing on probation, suspension, or revocation of a license and/or 
administrative penalties ranging from $100-$5,000 that are in accordance with 
the following guidelines <nl>and/or the issuance of a reprimand<ol>:
(1) <nl> sec.3(H)(1)-$1,000 to $5,000<ol> [sec.3(H)(1)-(3)-None];
(2) <nl> sec.3(H)(2)-$500 to $5,000<ol> [sec.3(H)(4)-$500 to $5,000];
(3) <nl> sec.3(H)(3)-None [ s3(H)(5)-(9)-$1,000 to $5,000];
(4) <nl> sec.3(H)(4)-$500 to $5,000<ol> [sec.3(H)(10)-$100 to $500];
(5) <nl> sec.3(H)(5)-(9)-$1,000 to $5,000<ol> [sec.3(H)(11)-$250 to $5,000];
(6)<nl> sec.3(H)(10)-$500 to $5,000<ol> [sec.3(H)(12)-$500 to $2,000];
(7)<nl> sec.3(H)(11)-$250 to $5,000<ol> [sec.3(H)(13)-$1,000 to $5, 000];
(8)<nl> sec.3(H)(12)-$500 to $2,000<ol> [sec.3(H)(14)-$100 to $500];
(9)<nl> sec.3(H)(13)-$1,000 to $5,000<ol> [sec.3(H)(15)-None];
(10)<nl> sec.3(H)(14)-$100 to $2,000<ol> [sec.3(H)(16)-$1,000 to $5, 000];
(11)<nl> sec.3(H)(15)-None<ol> [sec.3(H)(17)-$250];
(12) <nl> sec.3(H)(16)-$1,000 to $5,000<ol> [sec.3(H)(18)-$250 to $1,000];
(13)<nl> sec.3(H)(17)-$250 to $1,000<ol> [sec.3(H)(19)-$500 to $2,000];
(14)<nl> sec.3(H)(18)-$250 to $5,000<ol> [sec.3(H)(20)-$1,000 to $5, 000];
(15)<nl> sec.3(H)(19)-$500 to $5,000<ol> [sec.3(H)(21)-(24) -$500 to $5,000];
(16)<nl> sec.3(H)(20)-$1,000 to $5,000<ol> [sec.3(H) (25)-$250 to $2,000];
(17)<nl> sec.3(H)(21)-(24)-$500 to $5,000<ol> [sec.3(H)(26) and (27) -$500 to 
$5,000];
(18)<nl> sec.3(H)(25)-$250 to $5,000<ol> [sec.4(D)1(a)-$250 to $3,000];
(19)<nl> sec.3(H)(26) and (27) -$500 to $5,000<ol> [ s4(D)1(b)-$500 to $5,000];
(20)<nl> sec.4(D)1(a)-$250 to $5,000<ol> [sec.4(D)1(c)-$500 to $3,000];
(21)<nl> sec.4(D)1(b)-$100 to $5,000<ol> [sec.4(D)1(d)-$250 to $3,000];
(22)<nl> sec.4(D)1(c)-$500 to $3,000<ol> [sec.4(D)1(e)-$250];
(23)<nl> sec.4(D)1(d)-$1,000 to $5,000<ol> [Rules-$250 to $5,000];
(24)<nl> sec.4(D)1(e)-$250 to $1,000;
(25)<nl> sec.4(D)1(f) and (g) -$250 to $5,000;
(26)<nl> sec.6(E)b-$250 to $3,000;
(27)<nl> Rules-$250 to $5,000.
(b)-(d) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 17, 1991.
TRD-9111599
Larry A. Farrow
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 834-9992
       
22 TAC sec.201.12
The amendment is proposed under Texas Civil Statutes, Article 4582b, sec.5, 
which provide the Texas Funeral Service Commission with the authority to 
promulgate rules and regulations.
sec.201.12. Retired Licenses.
(a) Upon written application to the commission, any licensee aged 65 or older 
<nl>or who has a disability of 75% or greater<ol> will be placed in a retired 
active or retired inactive status. Such application will be accepted only at the 
time of that individual's regularly scheduled license renewal.
(b) Any individual, <nl>aged<ol> 65 or older <nl>or who has a disability of 75% 
or greater<ol>, who has formerly held a license which has lapsed, may apply for 
a retired inactive status license so long as the original license was in good 
standing at the time it was allowed to lapse. This individual may not convert to 
a retired active status without payment of all back fees and penalties or if the 
license has been lapsed for more than five years, the individual must also pass 
the appropriate written and/or practical examination before converting to 
retired active status.
(c)-(e) (No change.)
<nl>(f) Proof of disability will be required. Certification from an organization 
such as the Veteran's Administration, the United States Armed Forces, a state, 
county or local government agency, or competent medical authority may be 
submitted to the commission. If the commission questions the validity of the 
certification, a certification from a second source may be required.
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 17, 1991.
TRD-9111598
Larry A. Farrow
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 834-9992
       
Chapter 203. Licensing and Enforcement-Specific Substantive Rules
22 TAC sec.203.23
The Texas Funeral Service Commission proposes new sec.203.23, concerning 
clarification of definition of unreasonable time.
Larry A. Farrow, executive director, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. Mr. 
Farrow 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 is that the new section clarifies a somewhat vague term used in language 
adopted in Senate Bill 284. Language in the bill is indefinite and does not 
clearly set a standard. 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 Larry A. Farrow, Executive 
Director, Texas Funeral Service Commission, 8100 Cameron Road, Building B, Suite 
550, Austin, Texas 78753.
The new section is proposed under Texas Civil Statutes, Article 4582b, sec.3H18, 
which provides the Texas Funeral Service Commission with the authority to 
promulgate rules and regulations.
sec.203.23. Clarification of Definition of "Unreasonable Time". <ol>  
"Unreasonable time" as used in Texas Civil Statutes, Article 4582b, sec.3H18 
shall be defined as retention of excess funds for a period not to exceed 10 days 
from the time the funds were received by the funeral establishment or its agent.
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 17, 1991.
TRD-9111597
Larry A. Farrow
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 834-9992
       
Part XXV. Structural Pest Control Board
Chapter 591. General Provisions
22 TAC sec.sec.591.9, 591.10, 591.12, 591.13, 591.21
The Structural Pest Control Board proposes amendments sec. s591.9, 591.10, and 
591.21 and new sec.591.12 and sec.591.13, concerning board procedures and 
administrative penalties and definitions. The amendments clarify that the 
Administrative Procedure and Texas Register Act must be followed, set rates for 
copies to rates authorized by law; change the base penalty amounts for 
administrative penalties and change the definition of chairman to follow the new 
language in the statutes. New sec.591.12 and sec.591.13, concerning settlements 
and settlements and public comment. The new sections establish procedures for 
settlement of complaints by the executive director or by field investigators. 
Section 591.13 also establishes procedures for public comment.
Benny M. Mathis, Jr., 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.
Mr. Mathis 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 increased public access to the board's decision-making 
process, regularized settlement procedures, and a more flexible, responsive 
process for proposing administrative penalties. There will be no effect on small 
businesses. There is no anticipated economic cost to individuals who are 
required to comply with the sections as proposed.
Comments on the proposal may be submitted to Roger Borgelt, 9101 Burnet Road, 
Suite 201, Austin, Texas 78758.
The new sections are proposed under Texas Civil Statutes, Article 135b-6, which 
provide the Structural Pest Control Board with the authority to establish 
standards for testing, licensing, and regulating persons engaged in the 
structural pest control business.
sec.591.9. Board Hearings.
(a)-(d) (No change.)
(e) Hearings will be conducted in such manner as the board deems most suitable 
to the particular case. The technical rules of legal and court procedure need 
not be applied[.]  <nl>to the extent that the procedure used does not conflict 
with the Administrative Procedure and Texas Register Act.<ol> It is the purpose 
of the board to obtain all the relevant information and testimony pertaining to 
the issue before it as conveniently, inexpensively, and expeditiously as 
possible without prejudicing the rights of the protestant.
(f)-(s) (No change.)
(t) All testimony given at any public hearing shall be recorded by some person 
appointed by the board. In those instances where any proper party at such 
hearing requests it, the testimony will be reduced to writing. Copies of any 
hearing thus transcribed may be obtained from the Structural Pest Control Board 
and paid for at the rate <nl>set by state law<ol> [of $1.00 per page].
sec.591.10. Administrative Penalties.
(a)-(c) (No change.)
(d) If the person charged with the violation accepts the determination of the 
executive director, the <nl>executive director<ol> [board may] <nl>shall<ol> 
issue an order approving the determination and ordering payment of the 
recommended penalty [, or it may direct the executive director to set a hearing 
to be conducted in the manner described in the Act, sec.10B].
(e)  (No change.)
sec.591.11. Determination of Administrative Penalties.
(a) Base penalty (BP) amounts will be established that consider the seriousness 
of the violation. Examples of possible violations of the Act and a possible base 
penalty for each violation and each day a violation exists are as follows. The 
violations are not limited to the list and the base penalty may vary depending 
upon the circumstances.
(1) Minor violations such as incomplete records or no TPCL numbers on vehicles 
may be assessed a penalty of <nl>$50 <ol> [100] to $500 per violation.
(2) Violations which do not present a hazard to the public health, safety, 
welfare, or to the environment such as failure to honor contract or failure to 
notify the board of an address where a licensee may be reached may be assessed a 
penalty of $250 to <nl>$2,000<ol> [1,000] per violation.
(3) Violations which present a minor hazard to the public health, safety, 
welfare, or to the environment that may result from actions such as failure to 
supervise employees or failure to maintain proper insurance coverage may be 
assessed a penalty of <nl>$300<ol> [500] to <nl>$3,000<ol> [2, 000] per 
violation.
(4) Violations which present a major hazard to the public health, safety, 
welfare, or to the environment that may result from actions such as use 
inconsistent with the label or intentional misrepresentation may be assessed a 
penalty of <nl>$500 <ol> [1,000] to $5,000 per violation.
(b) (No change.)
sec.591.12. Settlements.
(a) It is board policy to encourage resolution of complaints against structural 
pest control licensees. This provision provides procedures for the settlement of 
complaints.
(b) At the request of the licensee or the executive director, the executive 
director may designate a time and place for a settlement conference of a 
complaint investigated by the board. A licensee shall be notified in writing of 
the time and place of the settlement conference and the alleged violations. 
Licensees or their representatives attending the conference shall be empowered 
to act on behalf of the licensee and bind the licensee to any settlement.
(c)  Settlements reached under this provision must be approved by the board 
before they become effective.
(d) Settlements may include any combination of sanctions available to the board. 
They may also include requiring extra training and education and refunds not 
exceeding the original contracted amounts or services not different from the 
original contracted services.
(e) Informal settlements may be proposed by state investigators when authorized 
by the executive director. The settlements must follow the guidelines set out in 
this section, except that a state investigator shall not settle a complaint 
involving a misapplication. State investigators shall process retreatments 
and/or refunds only as terms of their informal settlements. The retreatments 
and/or refunds shall not exceed the amounts or be different from the treatments 
agreed upon in the original contract for services.
sec.591.13. Public Comment. <ol> On written request received not later than 10 
days prior to a scheduled board meeting, a person shall be permitted to appear 
before the board during the public comment period regarding any issue under the 
jurisdiction of the board.
sec.591.21. Definitions of Terms. In addition to the definitions set out in the 
Act, sec.2, the following words, names, and terms shall have the following 
meanings, unless the context clearly indicates otherwise.
 Chairman-An individual appointed [board member elected] by the <nl>governor<ol> 
[board], who presides at the board meetings.
 [Trainee-Any person employed by a business licensee who is in training to 
perform the duties of a technician but who is not a licensed technician nor a 
certified applicator.]
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 18, 1991.
TRD-9111564
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 835-4066
       
Chapter 595. Compliance and Enforcement
22 TAC sec.sec.595.2-595.12, 595.21
The Structural Pest Control Board proposes amendments to  ssec.595.2-595.5, and 
595.21 and new sec.sec.595.6-595.12, concerning employee registration; employee 
supervision; pest control use records; contracts; and entry and access. The 
amendments change wording to reflect new classes of licensure, increase record-
keeping requirements, and expand them to cover noncommercial applicators. The 
amendments expand the information that must be provided to consumers and clarify 
the authority of board investigators. New sec.595.6 creates a pest control sign 
and establishes the requirements for provision of the sign by licensees to 
customers and the necessary wording on the sign. New sec.595.7 creates a 
consumer information sheet and establishes the requirements for provision of the 
sheet to the customers and the necessary language for the consumer information 
sheet. New sec.595.8 establishes the responsibilities of unlicensed persons for 
posting the pest control sign and distributing the consumer information sheet. 
New sec.595.9 establishes a requirement that the business location address be 
included on print advertising. The section is proposed in order to prevent 
fraudulent or misleading advertising. New sec.595.10 establishes procedures for 
biennial inspections as mandated by House Bill 853. The new section also 
establishes procedures for reporting misapplications of pesticides. New  s595.11 
establishes procedures for a 12-hour interval between pesticide applications and 
occupation of school buildings. The new section also establishes an emergency 
clause for treatments when there is a health threat. New sec.595.12 establishes 
procedures for selecting enforcement actions when a misapplication has occurred.
Benny M. Mathis, Jr., executive 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 additional cost of $199,554 for fiscal year 1992 and 
$99,057 for fiscal years 1993-1996. There will be no loss since under sec.593.7, 
concerning fees, revenues are being raised to adequately cover the additional 
cost. The effect on local government for the first five-year period the sections 
are in effect will be an estimated additional cost of $10,000 for fiscal year 
1992 and $5,000 for fiscal years 1993-1996. The estimated loss in revenue will 
be $10,000 for fiscal year 1992 and $5,000 for fiscal years 1993-1996. The cost 
of compliance with the sections for small businesses will be $350 per year for 
printing and labor. The cost of compliance for small businesses with the cost to 
large businesses will be $350 per $100,000 of annual sales.
Mr. Mathis 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 enforcement of the new sections of the Structural Pest 
Control Act involving public information, reporting treatment, and inspection 
requirements. The regulations will improve the amount and quality of information 
dispensed to the public and ensure uniform reporting and treatment of licensees 
in the case of misapplications. The proposed rules also ensure that schools are 
treated according to legal specifications. The anticipated economic cost to 
persons who are required to comply with the sections as proposed will be the 
cost per structural pest control business license holder, $350 for fiscal years 
1992-1996.
Comments on the proposal may be submitted to Roger Borgelt, 9101 Burnet Road, 
Suite 201, Austin, Texas 78758.
The amendments and new sections are proposed under Texas Civil Statutes, Article 
135b-6, which provide the Structural Pest Control Board with the authority to 
establish standards for testing, licensing, and regulating persons engaged in 
the structural pest control business.
sec.595.2. Employee Registration.
(a) It shall be the duty of the business licensee to inform the board in writing 
of the employment of all technicians and <nl>technician-apprentices<ol> 
[trainees].
(b) Such notice shall be furnished on the date of employment and shall include 
the full name and home address of the technician or <nl>technician-
apprentice<ol> [trainee], the date of employment, and, if applicable, the branch 
office at which he will be employed, and other information as may be required.
(c)  <nl>When employing a technician<ol> [Within 30 days of such employment], 
the business licensee shall obtain from the board a license for such technician. 
It shall be the responsibility of every business licensee to collect all 
licenses from terminated technicians  <nl>and technician-apprentices<ol> and 
mail them to the Structural Pest Control Board within 10 days after termination 
of employment. If, for any reason, such documents cannot be collected, the 
Structural Pest Control Board shall be so notified in writing. Any registration 
or license fees paid for technicians <nl>and technician-aprentices<ol> shall not 
be refundable or transferred to another technician <nl>or technician-apprentice.
sec.595.3. Employee Supervision.
(a) (No change.)
(b)  In order to provide adequate supervision, the certified applicator must 
have personal contact at least three days per week with the technicians or 
<nl>technician-apprentices <ol> [trainees] being supervised. The technician or 
<nl>technician-aprentice <ol> [trainee] must reside within the normally accepted 
commuting area of the licensed business office in order to personally report at 
least three days per week to receive instructions.
(c) (No change.)
(d) <nl>Technician-apprentices<ol> [trainees] shall not perform pest control 
services  <nl>without physical supervision until they have completed the 
technician training course and on-the-job training and received their 
licenses<ol> [unless a licensed technician or certified applicator is present on 
the job site to provide supervision].
(e) (No change.)
sec.595.4. Pest Control Use Records. The business licensee <nl>or in the case of 
a certified noncommercial applicator, the aplicator,<ol> shall keep and maintain 
a record of all uses of pesticides and <nl>pest control<ol> devices for a period 
of two years. Said records will be kept on the premise of the business licensee  
<nl>or, in the case of a cert-fied noncommercial applicator, the employer's 
premises.<ol> The records will include, but are not limited to, routine 
operational data, which include the name and address of the customer, the name 
of pesticides or devices used, the amounts of pesticides or devices used,<nl> 
the concentrations of pesticides used <ol>. the purpose for which the pesticides 
or devices were used, the date the pesticides or devices were used, [and] the 
location where the pesticides or devices were used, and <nl>the soil type of the 
location if termiticides were used <ol> [shall be kept in a clear and concise 
manner]. <nl>The records will be kept on a form prescribed by the board.<ol> 
These records shall be made available to the board or its authorized agents in 
accordance with the Act, as amended.
sec.595.5. Contracts.
(a) In each written contract <nl>for service of a business regulated by the 
Structural Pest Control Board must contain the name,<ol> [in which a licensee 
under the Act agrees to perform structural pest control services in this state, 
the licensee shall include the mailing] address, and telephone number of the 
board [and a statement: The board has jurisdiction over individuals licensed 
under the Structural Pest Control Act] . <nl>It must also include the business 
location address telephone number, and the statement "Licensed and regulated 
under the Structural Pest Control Act."
(b) The requirement in subsection (a) of this section shall be on the face of 
any contract, warranty, [or] guarantee, <nl>or invoice<ol> issued by the pest 
control operator.
(c) (No change.)
sec.595.6. Pest Control Sign.
(a) A pest control sign must be provided by the licensee to the owner or manager 
at least 48 hours prior to each planned indoor treatment at a residential rental 
property with five or more rental units.
(b) A pest control sign must be provided by the licensee to the employer or 
building manager at least 48 hours prior to each planned indoor treatment at a 
workplace.
(c) A pest control sign must be provided by the licensee to the chief 
administrator or building manager at least 48 hours prior to each planned indoor 
treatment at a hospital, nursing home, hotel, motel, lodge, warehouse, food 
processing establishment, school or education institution, or day-care center.
(d) The requirements of subsections (a)-(c) of this section are waived if the 
customer signs a statement attesting to the fact that an emergency exists that 
requires immediate treatment. The statement must be kept on file with the pest 
control use records at the business license location. Certified noncommercial 
applicators may attest to an emergency by signing a statement attesting to the 
emergency and must keep the statement on file with the pest control use records 
at their place of employment. If the customer is not available to sign a 
statement at the time of treatment, the customer's name and telephone number 
shall be noted in the pest control use records. An emergency is defined as an 
imminent hazard to health or property or an imminent infestation.
(e) An indoor treatment includes a perimeter treatment if the primary purpose of 
the treatment is to treat the interior of the structure.
(f) A person may not be considered in violation of this section if the space to 
be treated is vacant, unused, and unoccupied.
(g)  Each pest control sign must be at least 8 and 1/2 inches by 11 inches in 
size and must contain the following information with the first line in a minimum 
of 24-point type and all remaining lines in a minimum of 12-point type. The sign 
should appear in the following format:
[graphic]
(h) In the space marked "For more information call or contact," the telephone 
number where information on the pesticide(s) used may be obtained shall be 
listed, such as the apartment manager, building manager, or pest control 
operator.
(i) In the space marked "phone number of hotline for pesticide information," the 
following wording shall be used:
[graphic]
(j) If a workplace has its own pesticide information center, the workplace 
center telephone number may be listed rather than the information in subsection 
(i) of this section.
sec.595.7. Consumer Information Sheet.
(a) For indoor treatments, the board-approved consumer information sheet, an 
invoice listing the pesticide(s) used and upon request a label for any 
pesticide(s) used shall be distributed by the licensee as follows:
(1) to owners of private residences before or at the time of treatment;
(2) to each unit of residential rental properties of less than five units at the 
time of the treatment;
(3) to the owner or manager of residential rental properties with five or more 
units at least 48 hours prior to each planned treatment;
(4) to employers, managers, or administrators of workplaces, hospitals, nursing 
homes, hotels, motels, lodges, warehouses, food-processing establishments, 
school or educational institutions, or day-care centers at least 48 hours prior 
to each planned treatment. A workplace is any facility with paid employees.
(b) For outdoor treatments, the board-approved consumer information sheet, an 
invoice listing the pesticide(s) used and a label for each pesticide used shall 
be distributed by the licensee as follows:
(1) to owners of private residences before the treatment begins;
(2) to each unit of a residential rental property with fewer than five units at 
the time of treatment.
(c) The official Structural Pest Control Board consumer information sheet must 
be used. Copies of the consumer information sheet are available from the board 
and shall read as follows:
Consumer Information
(Required by the Texas Structural Pest Control Board)
The structural pest control industry is regulated by the Texas Structural Pest 
Control Board located at 9101 Burnet Road, Suite 201, Austin, Texas 78758. The 
Board licenses the businesses, certified applicators and technicians who perform 
structural pest control work. If a pest control service is used, all work is 
supervised by a licensed certified commercial applicator. Otherwise, a certified 
noncommercial applicator must perform the service. Certified applicators and 
technicians must pass a written examination in order to receive their licenses.
Pesticides must be registered with the United States Environmental Protection 
Agency and the Texas Department of Agriculture before they may be used in Texas.
Specific health and safety information varies between pesticides and is 
available on the label information sheet which can be supplied to you upon 
request from the licensed applicator. Take normal precautions when a treatment 
has been performed. Avoid any unnecessary contact with treated surfaces. If you 
desire specific information on precautions, refer to the pesticide label. The 
law requires that the application procedures specified on the label be followed.
In order to reduce the necessity or frequency of pest control treatments, you 
may wish to consider the sanitation or physical alteration of your workplace or 
residence. Landscaping, lighting, physical exclusion and biological controls can 
affect the pest populations. A proper inspection should provide necessary 
information to choose the method of pest control which best suits your 
situation.
If you have questions about the application, contact the certified applicator. 
If you suspect a violation of the law regarding structural pest control, contact 
the Structural Pest Control Board.
In case of a health emergency, seek immediate medical attention.
Pest control signs must be posted prior to treatment in many instances. The 
signs should be posted in an area of common access at least 48 hours prior to 
treatment. The information on the sign will allow you to contact someone who can 
tell you what pesticide is being used.
If you are contracting for pest control services due to a home solicitation, you 
have the right to cancel the contract within 72 hours. You may exercise this 
right by notifying the pest control company prior to receiving service that you 
do not wish to receive their service.
For general information on pesticides contact the National Pesticide 
Telecommunications Network at 1-800-858-7378.
For information concerning structural pest control laws, contact: Structural 
Pest Control Board (512) 835-4066.
For information concerning the formulation and registration of pesticides, 
contact: Texas Department of Agriculture (512) 463-7476.
For non-emergency health information relating to pesticides, contact: Texas 
Department of Health (512) 458-7111.
(d) The requirements of subsection (a)(3) and (4) of this section are waived if 
the customer signs a statement attesting to the fact that an emergency exists 
which requires immediate treatment. The statement must be kept on file with the 
pest control use records at the business license location. Certified 
noncommercial applicators may attest to an emergency by signing a statement 
attesting to the emergency and must keep the statement on file with the pest 
control use records at their place of employment. If the customer is not 
available to sign a statement at the time of treatment, the customer's name and 
telephone number shall be noted in the pest control use records. An emergency is 
defined as an imminent hazard to health or property or an imminent infestation.
sec.595.8. Responsibilities of Unlicensed Persons for Posting and Notification.
(a) Owners or managers of residential rental properties with five or more units 
shall either:
(1) post a pest control sign at least 48 hours before each planned treatment in 
an area of common access; or
(2) distribute the consumer information sheet to each unit planned to be treated 
and each unit adjacent to those planned to be treated at least 48 hours before 
the planned time of treatment. Adjacent means having a common wall, ceiling, or 
floor. Area of common access means a common area that an individual is likely to 
check on a regular basis, such as mailboxes, laundry rooms, beverage machines, 
building bulletin boards, etc.
(b) Employers, building managers, and chief administrators of workplaces, 
hospitals, nursing homes, hotels, motels, lodges, warehouses, food-processing 
establishments, school or education institutions, and day-care centers shall 
post a pest control sign in an area of common access at least 48 hours prior to 
each planned treatment and provide a consumer information sheet to any 
individual working in the building at the request of that individual. Area of 
common access means a common area that an individual is likely to check on a 
regular basis, such as mailboxes, laundry rooms, beverage machines, building 
bulletin boards, etc.
(c) Chief administrators of school or educational institutions and day-care 
centers shall notify the parents or guardians of children attending the facility 
in writing that pesticides are periodically applied indoors and that information 
on the times and types of applications is available upon request. Such 
notification must be made within 30 days of the registration of the child.
(d) The requirements of subsections (a) and (b) of this section are waived if 
the customer signs a statement attesting to the fact that an emergency exists 
that requires immediate treatment. The statement must be kept on file with the 
pest control use records at the business license location. Certified 
noncommercial applicators may attest to an emergency by signing a statement 
attesting to the emergency and must keep the statement on file with the pest 
control use records at their place of employment. If the customer is not 
available to sign a statement at the time of treatment, the customer's name and 
telephone number shall be noted in the pest control use records. An emergency is 
defined as an imminent hazard to health or property or an imminent infestation.
(e) A person may not be considered in violation of this section if a pest 
control sign is removed by an unauthorized person or if the space to be treated 
is vacant, unused, and unoccupied.
(f) A person found in violation of this section is subject to the administrative 
penalty provisions of the Structural Pest Control Act, sec.10B.
sec.595.9. Advertising.  All print advertising must contain the business 
location address of the business licensee and the telephone number of the 
business licensee.
sec.595.10. Inspections.
(a) Each licensed pest control business shall be inspected at least one time in 
any two-year period. Businesses showing a lack of compliance with board law or 
rules may be inspected more frequently. The executive director may waive this 
requirement due to emergency. An emergency in this section is defined as a 
shortage of staff availability due to complaint investigations, personnel 
shortages, or budgetary constraints.
(b) If the board or the executive director determines that a misapplication of 
pesticides has occurred on the premises of a consumer, the consumer and the 
business license holder shall be notified within 20 calendar days of the making 
of this determination. Records of any health injuries diagnosed by a licensed 
physician and property damage caused by any misapplication by a licensee which 
is found by the board shall be kept in a form reportable to the Texas Department 
of Health or any institution of higher education upon their request.
(c) Procedures for the conduct of an investigation shall be contained in the 
Texas Structural Pest Control Board Investigations Manual, which shall contain 
all requirements of the Act, sec.4C(b).
sec.595.11. Schools.  Pesticide applications shall not be made to a school or 
educational institution if students are expected to be present for academic 
instruction or organized extracurricular activity within the next 12-hour 
period. Emergency treatments will be permitted when there is an imminent threat 
to health or property or an infestation is imminent. Records of the reasons for 
emergency treatments shall be kept in the pest control use records of the 
business or certified noncommercial applicator performing the treatment.
sec.595.12. Misapplications. <ol> If the executive director or the board 
determines that a misapplication has occurred, one of the following enforcement 
actions shall be taken:
(1) a written warning shall be issued;
(2) an administrative penalty shall be proposed;
(3) a hearing to suspend, revoke, or probate the involved license(s) shall be 
initiated;
(4) an agreement involving any combination of the sanctions in paragraphs (1)-
(3) of this section shall be proposed.
sec.595.21. Entry and Access.
(a) Authorized employees of the board may conduct investigations of structural 
pest control activities <nl>involving <ol> any person in this state to determine 
compliance with the Act and board rules.
(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 18, 1991.
TRD-9111566
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 835-4066
       
Chapter 597. Unlawful Acts and Grounds for Revocation
22 TAC sec.597.1, sec.597.3
The Structural Pest Control Board proposes amendments to  s597.1 and sec.597.3, 
concerning unlawful acts and grounds for revocation. The amendments clarify the 
administrative penalty process and add additional violations specific to those 
for which sanctions may be imposed.
Benny M. Mathis, Jr. 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.
Mr. Mathis also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a better determination of what constitutes a violation and 
more uniform and consistent enforcement of the statute. 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 Roger Borgelt, 9101 Burnet Road, 
Suite 201, Austin, Texas 78758.
The amendments are proposed under Texas Civil Statutes, Article 135b-6, which 
provide the Structural Pest Control Board with the authority to establish 
standards for testing, licensing, and regulating persons engaged in the 
structural pest control business.
sec.597.1. Grounds for Revocation, Suspension, <nl>Penalties , Reprimanding, 
Refusal To Examine, Refusal To Issued or Renew Licenses.   Any such action may 
be accomplished by a vote of the board, after notice and hearings, as provided 
for by Texas Civil Statutes, Article 135b-6, and the Administrative Procedure 
and Texas Register Act. No revocation, suspension, annulment, or withdrawal of 
any license is effective unless, prior to the institution of agency proceedings, 
the agency gave notice by personal service or by registered or certified mail to 
the licensee of facts or conduct alleged to warrant the intended action, and the 
licensee was given an opportunity to show compliance with all requirements of 
law for the retention of the license. The following are grounds for revocation, 
suspension, <nl>penalties<ol>, reprimanding, refusal to examine, refusal to 
issue or renew licenses:
(1)-(2) (No change.)
(3) fraudulent, [or] misleading<nl>, or incomplete<ol> advertising or 
advertising in an unauthorized category;
(4)-(9) (No change.)
(10) performing work in a category for which the certified applicator <nl>or 
technician<ol> licensee is not certified;
(11)-(19 (No change.)
(20) failure of certified applicator licensee to notify the board when they have 
or change employees; [and]
<nl>(21) failure to maintain minimum liability insurance;;
<nl>(22) failure to meet minimum continuing education requirements;
<nl>(23) failure to maintain technician training records;
<nl>(24) failure to provide signs and information sheets; and
<nl>(25) failure to post signs or distribute information sheets; and
<nl>(26)<ol>[(21)] failure to comply with any section of the Act or regulations.
sec.597.3. Unlawful Acts. <ol> In addition to the offenses listed in the Act, 
sec.10(A), sec.597.1(1)-(3) and (7)-(26) of this title (relating to Grounds for 
Revocation, Suspension, Reprimanding, Refusal To Examine, Refusal To Issue or 
Renew Licenses) are unlawful acts. Any person who commits an unlawful act is 
subject to the criminal<nl>,<ol> [and] civil<nl>, and administrative <ol> 
penalties provided by the Act as well as the remedies provided in 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 18, 1991.
TRD-9111567
Benny M. Mathis, Jr.
Executive Director
Structural Pest Control Board
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 835-4066
       
TITLE 25. HEALTH SERVICES
Part VIII. Interagency Council on Early Childhood Intervention
Chapter 621. Early Childhood Intervention Program
Early Childhood Intervention Advisory Committee
25 TAC sec.sec.621.61-621.64
(Editor's Note: The Interagency Council on Early Childhood Intervention proposes 
for permanent adoption to 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 Interagency Council on Early Childhood Intervention (council) proposes new 
sec.sec.621.61-621.64, concerning an advisory committee to the council. The new 
sections will implement the provisions of House Bill 7, sec.5.18, First Called 
Session, 72nd Legislature, 1991, that the council establish the size and 
composition of an advisory committee to assist the council in the performance of 
its duties. The sections will cover the committee's purpose, size, composition, 
terms of office, duties, and procedures.
Mary Elder, executive director, Early Childhood Intervention Program, has 
determined that for the first five-year period the sections are in effect there 
will be fiscal implications for state government as a result of enforcing or 
adminstering the sections. The cost to the state will be approximately $10,000 
for each year to cover the per diem which advisory committee members will 
receive for attending committee meetings. There will be no cost to local 
government.
Ms. Elder also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be that the council will have an advisory committee to assist 
the council in implementing the Early Childhood Intervention Program. 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 sections as proposed. There will 
be no impact on local employment.
Comments on the proposed new sections may be submitted to Mary Elder, Executive 
Director, Early Childhood Intervention Program, Texas Department of Health, 1100 
West 49th Street, Austin, Texas 78756, (512) 458-7673. Ms. Elder will receive 
comments for 30 days after the proposed new sections have been published in the 
Texas Register.
The new sections are proposed under the Human Resources Code, sec.73.004, as 
amended by House Bill 7, sec.5.18, First Called Session, 72nd Legislature, 1991, 
which provides the council with the authority to establish the size and 
composition of an advisory committee to assist the council, consistent with 
federal regulations and state rules.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 20, 1991.
TRD-9111595
Austin R. Kessler
Chairperson
Interagency Council on Early Childhood Intervention
Proposed date of adoption: November 6, 1991
For further information, please call: (512) 458-7673
       
TITLE 28. INSURANCE
Part I. Texas Department of Insurance
Chapter 15. Surplus Lines Insurance
Subchapter A. General Regulation of Surplus Lines Insurance
28 TAC sec.15.25
The State Board of Insurance proposes an amendment to sec.15.25, concerning 
prepayment of surplus lines insurance taxes by surplus lines agents. The 
amendment to sec.15.25 provides direction to agents in maintaining tax trust 
accounts by providing an option regarding an account in which the balance 
approaches the $100,000 federally insured limit. The amendment allows for 
prepayment of taxes in an amount of not less than $50,000 or requires current 
rules regarding multiple accounts, each below the insured limit, to be followed.
Phill Ballinger, director of tax administration, has determined that for the 
first five-year period the amendment is in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the section.
Mr. Ballinger also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be more efficient administration of state tax revenues and 
protection against the funds exceeding federally insured limits. 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 Phil Ballinger, Director of Tax 
Administration, Texas Department of Insurance, Mail Code 108-2A, 333 Guadalupe 
Street, P.O. Box 149104, Austin, Texas 78714-9104; (512) 322-4233.
The amendment is proposed under the Insurance Code, Articles 1.04 and 1.14-2. 
Article 1.04 authorizes the Texas Department of Insurance to determine rules in 
accordance with the laws of this state. Article 1.14-2, 3A, provides that the 
State Board of Insurance may promulgate rules to enforce Article 1.14-2, and 
provides that the State Board of Insurance shall monitor the activities of 
surplus lines to the extent necessary to protect the public interest.
sec.15.25. Surplus Lines Insurance Premium Tax Trust Funds.
(a) (No change.)
(b) Such funds shall be maintained by the surplus lines agent pursuant to the 
following conditions:
(1)-(2) (No change.)
(3) that the surplus lines agent shall be responsible to monitor the balance of 
said account and ensure that it does not exceed its insured limits of $100,000 
by <nl>either:
<nl>(A) promptly transferring any amount exceeding the limits of insurance to 
another financial institution meeting the requirements stated in this 
section<nl>; or<ol>[.]
<nl>(B) remitting prepayments to the Tax Administration Division of the Texas 
Department of Insurance from the trust account when it contains a balance of at 
least $50,000, in order to maintain the balance below the insured limits. These 
prepayments must be accompanied by a correctly completed prepayment form, 
hereinafter referred to as the SL-7P. Form SL-7P is adopted herein by reference. 
Copies of Form SL-7P may be obtained by contacting the Tax Administration 
Division of the Texas Department of Insurance, Mail Code 108-2A, 333 Guadalupe 
Street, P.O. Box 149104, Austin, Texas 78714-9104. Upon the transfer of such 
excess as described in subparagraph (A) of this paragraph<ol>, the surplus lines 
agent shall notify <nl>the Texas Department of Insurance<ol>[State Board of 
Insurance] in writing within 30 days of such transfer about such transaction, 
the amount involved, and the name of the institution with which the excess was 
deposited.
(c)-(g) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 20, 1991.
TRD-9111643
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 463-6327
Part II. Texas Workers' Compensation Commission
Chapter 143. Dispute Resolution-Review by the Appeals Panel
28 TAC sec.143.3, sec.143.4
The Texas Workers' Compensation Commission proposes amendments to sec.143.3 and 
sec.143.4, concerning procedures for requesting review of a hearing officer's 
decision by the appeals panel in Austin, and for responding to such request. 
These amendments are necessary because the dates of receipt, by law, establish 
time limits for action by the appeals panel.
The proposed amendment to sec.143.3 sets out a presumption for timely filing of 
requests for review of a hearing officer's decision by the appeals panel. The 
amendment indicates that if a request is mailed on or before the 15th day after 
the hearings officer's decision is received, and received by the commission or 
the other party not later than the fifth day after mailing, that the request is 
presumed to be timely received.
The proposed amendment to sec.143.4 establishes a similar presumption by which 
the opposing party's response shall be considered to have been filed timely.
Andrew Thigpen, associate director, financial 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.
There is no anticipated impact on employment, locally or statewide, as a result 
of implementing these amendments.
Mr. Thigpen 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 implementation of the Texas Workers' Compensation Act, and 
clarification of what constitutes timely receipt of certain documents in the 
appeals panel process. 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 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 amendments are proposed under Texas Civil Statutes, Article 8308-2.09(a), 
which authorize the commission to adopt rules as necessary to implement and 
enforce the Texas Workers' Compensation Act.
sec.143.3. Requesting the Appeals Panel to Review the Decision of the Hearing 
Officer.
(a)-(b) (No change.)
(c) <nl>A request made under this section shall be presumed to be timely filed 
or timely served if it is:
<nl>(1) mailed on or before the 15th day after receipt of the hearing officer's 
decision, as provided in subsection (a) of this section; and
<nl>(2) received by the commission or other party not later than the fifth day 
after the date of mailing.
sec.143.4.Responding to a Request for Review by the Appeals Panel.
(a)-(b) (No change.)
<nl>(c) A response made under this section shall be presumed to be timely filed 
or timely served if it is:
<nl>(1) mailed on or before the 15th day after receipt of the appellant's 
request, as provided in subsection (a) of this section; and
<nl>(2) received by the commission or other party not later than the fifth day 
after the date of mailing.
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 23, 1991.
TRD-9111679
Susan M. Kelley
General Counsel
Texas Workers' Compensation Commission
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 440-3972
       
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part IX. Texas Department on Aging
Chapter 292. Implementation of the Options for Independent Living Program
Policies and Procedures
40 TAC sec.sec.292.1, 292.7, 292.9, 292.11
The Texas Department on Aging proposes amendments to sec. s292.1, 292.7, 292. 9, 
and 292.11, concerning board on aging policies and procedures governing the 
Options for Independent Living Program, related to the program's purpose; 
persons to be served; coordination with the Texas Department of Human Services; 
and client co-payment's and service requirements.
Charles Hubbard, director of finance and administration, 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. Hubbard 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 clarification regarding the persons to be served, 
coordination with Texas Department of Human Services, client co-payments, and 
service requirements. There will be no effect on small businesses. There is no 
anticipated economic cost to individuals who are required to comply with the 
sections as proposed.
Comments on the proposal may be submitted to Diane Lang, Program Operations 
Coordinator, Box 12786, Austin, Texas 78711.
The amendments are proposed under the Human Resources Code, Chapter 101, which 
provides the Texas Department on Aging with the authority to promulgate rules 
governing the operation of the department.
sec.292.1. Purpose.  The Options for Independent Living Program is established 
in response to Senate Bill 482 and Senate Bill 222 (Text of Conference Committee 
Report), enacted by the 71st Texas Legislature <nl>and amended by the 72nd Texas 
Legislature with enactment of Senate Bill 1249. <ol>The program is to help 
elderly persons remain at home despite limited self-care capacities,  <nl>and to 
prevent institutionalization <ol> through provision of short-term support 
services for the purposes of:
(1)-(2)  (No change.)
sec.292.7. Persons to be Served. Services of the Options program will be 
available to persons age 60 and over<nl>. <ol> [whose income or resources 
disqualify them for entitlement programs, yet are insufficient to purchase 
needed support services.]
(1) Priority will be given to those who:
(A)-(B) (No change.)
(C) have insufficient caregiver support; [and]
(D) have a mild to moderate impairment or a temporary severe impairment<nl>; 
and<ol> [.]
<nl>(E) are in great economic or social need, with particular attention to low-
income minority older persons.
(2) Coordination with Texas Department of Human Services. The <nl>Texas 
Department on Aging will maintain a memorandum of agreement with the Texas 
Department of Human Services (TDHS) assuring that there is no duplication of 
services to persons served by the community care for aged and disabled (CCAD) 
program of that department. <ol>Each Options project is expected to work as 
closely as possible with the local TDHS staff in order to assure that any 
persons referred to the project who may be eligible for TDHS services will be 
referred to that agency, and vice-versa. It is anticipated that in the majority 
of instances, Options clients will not be the same persons as clients of TDHS' 
community care programs. However, in some instances it may be necessary for 
Options services to be made available to persons who, while currently not 
receiving TDHS family care or primary home care service, may yet be found 
eligible for those services. Examples of such instances are:
(A)-(C) (No change.)
(3) (No change.)
sec.292.9. Administration and Financing of the Program. <ol> The Texas 
Department on Aging (TDoA) will administer the program through grants to the 
area agencies on aging, with the advice of the Options for Independent Living 
Advisory Committee, whose members are appointed by TDoA. Section 292.15 of this 
title (relating to Options for Independent Living Advisory Committee), 
establishes rules governing the activities of the Advisory Committee.
(1) -(2) (No change.)
(3) Client co-payments. Individuals receiving service will be expected to help 
defray the costs of the program, and to participate in the payment for services 
rendered according to the following guidelines.
<nl>(A) An elderly person whose income is below the income requirements for 
financial eligibility for the community care for aged and disabled (CCAD) 
program of the Texas Department of Human Services (TDHS) will be requested to 
make a voluntary contribution to the cost of services.
<nl>(B) An elderly person whose income exceeds the income requirements for 
financial eligibility for the CCAD program of TDHS, but whose income is less 
than 200% of that level, shall pay a portion of the cost of the support services 
provided by the Options project according to a sliding fee scale to be published 
and distributed to the area agencies on aging by TDoA, annually or upon revision 
of TDHS's income requirements for the CCAD program (see subparagraph (D) of this 
paragraph).
<nl>(C) An elderly person whose income exceeds 200% of the income level 
established by TDHS for financial eligibility for the CCAD program shall pay the 
full cost of support services provided by the options program.
<nl>(D) The following income ranges and co-payment levels are in effect in 1991, 
and will be revised by TDoA annually or upon revision of CCAD income levels by 
TDHS.
[graphic]
[(A) An elderly person whose annual family income is below the income/resource 
requirements for eligibility for the medical assistance program under the Human 
Resource Code, Chapter 32, will be requested to make a voluntary contribution to 
the cost of services.
[(B) An elderly person whose annual income exceeds the income/resource 
requirements for eligibility for the medical assistance program, but is less 
than 250% of the federal poverty level based on the federal Office of Management 
and Budget poverty index, shall pay 50% of the cost of the support services.
(C) An elderly person whose income exceeds 250% of the federal poverty level 
shall pay the full cost of support services provided to the person.]
(4)-(5) (No change.)
sec.292.11. Service Requirements.
(a) (No change.)
(b)  Other services. Each project will be required to assue the availability of 
a package of support services, most of which will be provided in the client's 
home. The case manager is responsible for arranging for the provision of the 
combination of services most appropriate to the individual elderly person's 
needs, based upon the assessment. The package of support services that must be 
available for arrangement by the case manager includes the following:
(1) (No change.)
(2) residential repair <nl>and modification;
(3)-(8) (No change.)
(9) other available public and private services appropriate to the elderly 
person's needs <nl>identified by the case manager and client through the 
assessment and care planning process.
(c)-(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 20, 1991.
TRD-9111666
Polly Sowell
Executive Directory
Texas Department on Aging
Earliest possible date of adoption: October 28, 1991
For further information, please call: (512) 444-2727
       
 Texas Department of Insurance Exempt Filing 
Notification Pursaunt to the Insurance Code, Chapter 5, Subchapter L
(Editor's Note: As required by the Insurance Code, Article 5.96 and 5. 97, the 
Texas Register publishes notice of proposed actions by the Texas Board of 
Insurance. Notice of action proposed under Article 5.96 must be published in the 
Texas Register not later than the 30th day before the board adopts the proposal. 
Notice of action proposed under Article 5.97 must be published in the Texas 
Register not later than the 10th day before the Board of Insurance adopts the 
proposal. The Administrative Procedure and Texas Register Act, Article 6252-13a, 
Texas Civil Statutes, does not apply to board action under Articles 5. 96 and 
5.97.
The complete text of the proposal summarized here may be examined in the offices 
of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-
9104.)
The State Board of Insurance, at a board meeting scheduled for October 31, 1991, 
will consider the approval of mandatory endorsements to incorporate a new 
provision for the prompt payment of claims into various property insurance 
policies which allows an additional 15 days to be added to any time periods for 
settling a claim when a catastrophe or natural disaster occurs.
Copies of the full text of the mandatory endorsements are available for review 
in the office of the Chief Clerk of the Texas Department of Insurance, 333 
Guadalupe Street, Austin, Texas 78714-9104.
The notification is made pursuant to the Insurance Code, Article 5.96, which 
exempts it from the requirements of the Administrative Procedures and Texas 
Register Act.
Issued in Austin, Texas, on September 20, 1991.
TRD-9111644
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
Filed: September 20, 1991
For further information, please call: (512) 463-6327
       
The State Board of Insurance, at a board meeting scheduled for 8:30 a.m., 
October 31, 1991, in Room 100 of the Texas Department of Insurance Building, 333 
Guadalupe Street in Austin, will consider an amendment to Section III(12) of the 
Texas Experience Rating Plan Manual-Workers' Compensation Insurance pertaining 
to the effect that a change in management or operations will have on future 
ratings for the entity. The proposed rule includes a provision that if an entity 
has undergone a change in management or operations so that on or after January 
1, 1991, there has been at least 12 months of experience developed after the 
change in management or operations, the prior experience may be excluded in 
future ratings if the entity submits the following information, which has been 
developed during the 12 months immediately following the change in management or 
operations: payroll breakdown by classification code; and loss information from 
the insurance company reflecting all incurred losses. This information must 
result in a reduction of 75% or more of that part of the insured's previously 
calculated experience modification that is above 1.00 in order for the prior 
experience to be excluded in future ratings. This amendment is to implement the 
Insurance Code, Article 5.65B.
Copies of the full text of the proposed amendment to Section III(12) of the 
Texas Experience Rating Plan Manual-Workers' Compensation Insurance are 
available for review in the office of the Chief Clerk of the Texas Department of 
Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104.
The notification is made pursuant to the Insurance Code, Article 5.96, which 
exempts it from the requirements of the Administrative Procedure and Texas 
Register Act.
Issued in Austin, Texas, on September 20, 1991. __
TRD-9111645
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
Filed: September 20, 1991
For further information, please call: (512) 463-6327