Proposed Sections
Before an agency may permanently adopt a new or amended section, or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before any action may be taken. The 30-day time period 
gives interested persons an opportunity to review and make oral or written 
comments on the section. Also, in the case of substantive sections, a public 
hearing must be granted if requested by at least 25 persons, a governmental 
subdivision or agency, or an association having at least 25 members.
Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of bold text. [Brackets] indicate deletion of existing 
material within a section.
TITLE 1. ADMINISTRATION
Part IV. Office of the Secretary of State
Chapter 81. Elections
Voting Systems
1 TAC sec.81.54
The Secretary of State's Office proposes new sec.81.54, concerning a directive 
to facilitate the use of direct recording electronic voting systems. The 
directive provides for procedures relating to the use of direct recording 
electronic voting systems. Currently, the Texas Election Code contains no 
provisions relating to the use of direct recording electronic voting systems.
The section is being proposed because direct recording electronic voting systems 
have recently been certified for use in elections in Texas. Current election law 
does not adequately or clearly establish guidelines for use of such a voting 
system.
The secretary of state is required to obtain and maintain uniformity in the 
application, operation, and interpretation of the Election Code and of the 
election laws outside the Election Code, (Texas Election Code Annotated sec.31. 
003 (Vernon 1986)). To perform this duty, the secretary is required to prepare 
detailed and comprehensive written directives and instructions relating to and 
based on the Election Code and the election laws outside the Election Code. 
<nl>Id.<ol>  This directive is adopted to facilitate the use of direct recording 
electronic voting systems.
Tom Harrison, special assistant for elections, 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 or small businesses as a result of enforcing or 
administering the section.
Mr. Harrison also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to provide uniform procedures relating to the use of direct 
recording electronic voting systems. 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 Tom Harrison, Elections Division, 
Secretary of State's Office, P.O. Box 12060, Austin, Texas 78711, (512) 463-5650 
or 1-800-252-8683.
The new section is proposed under the Texas Election Code, sec.31.003, which 
provides the Secretary of State with authority to obtain and maintain uniformity 
in the application, operation, and interpretation of election laws, and prepare 
detailed and comprehensive written directives and instructions relating to 
election laws.
sec.81.54. Use of Direct Recording Electronic Voting Systems.
(a) Direct recording electronic voting machine ballot.
(1) Form of direct recording electronic voting machine ballot label.
(A) The printed matter on a direct recording electronic voting machine ballot 
label must appear on a white or light-colored background in plain, dark type.
(B)  The ballot label may contain a distinctive designating number, which may 
contain letters as well as numerals, for each candidate and for each side of 
each proposition that corresponds to the number of the registering counter for 
the same candidate or proposition.
(C) The ballot label must contain a marking that indicates the identity of the 
voting machine to which it is attached.
(D) The party columns on the ballot label may be arranged vertically or 
horizontally.
(E) The ballot label must be in "full ballot" format as opposed to "strip 
ballot" format.
(2) Number of machines for listing ballot. In an election in which direct 
recording electronic voting machines are used, a voter must be able to use a 
single machine to vote on all races and measures to be voted on in the election 
unless the number of items to be voted on exceeds the capacity of a single 
machine. In that case, as many additional machines as are necessary may be used 
as long as all candidates for a particular office may be voted on using the same 
machines.
(3)  Paper ballot for precinct offices.
(A) The authority adopting direct recording electronic voting machines for use 
in an election may provide by resolution, order, or other official action for 
voting by paper ballot on any precinct offices at a polling place using direct 
recording electronic voting machines if an additional voting machine would 
otherwise be necessary to accommodate all the candidates and propositions to be 
listed.
(B) The paper ballot for precinct offices must conform to the applicable 
standards governing regular paper ballots, except that the ballot shall be 
limited to the precinct offices specified in the official action providing for 
use of the ballot.
(4) Straight party voting. The ballot must be designed so that if a voter votes 
a straight party vote, and then votes for an individual candidate of another 
party or for an independent candidate or a write-in candidate, the machine will 
automatically count the individual vote for the candidate and count votes for 
the remaining candidates of the party for which the straight- party vote was 
cast.
(b) Conduct of voting with direct recording electronic voting machines.
(1) General provisions. The provisions of the Election Code relating to the 
conduct of voting with voting systems generally (Texas Election Code, 
sec.sec.125.001-125.009 (Vernon 1986)) apply to direct recording electronic 
voting systems, to the extent practicable.
(2) Inspecting and securing machine before delivery to polling place.
(A) Not earlier than the 30th or later than the fifth day before the first day 
that a direct recording electronic voting machine is to be used for voting, the 
authority responsible for distributing the election supplies to the polling 
places shall inspect the machine to determine whether it is in the proper order 
for use.
(B) If the voting machine is in the proper order for use, the authority shall 
secure the machine against operation as prescribed by the secretary of state.
(C) The authority shall prepare a record containing the identification of each 
machine inspected, the identification of the polling place at which each machine 
is to be used, a statement that the first test of the machine was successful and 
any other information required by the secretary of state. The record shall be 
preserved for the period for preserving the precinct election records.
(D) Not later than the day before the date of the inspection of machines, the 
authority shall notify the county chairman of each political party with a 
nominee on the ballot of the place, date, and hour of the inspection. The county 
chairman or his designee is entitled to observe the inspection and securing of 
the machines.
(E)  The authority shall post a notice of the place, date, and hour of the 
inspection of machines, including a notice that at the conclusion of the 
inspection, the machines will be tested, on the bulletin board used for posting 
notices of meetings of the governing body of the political subdivision served by 
the authority. The notice must remain posted continuously for the 48 hours 
preceding the beginning of the inspection.
(3) Certification of proper installation at polling place.
(A) Before opening a polling place for voting on election day, the presiding 
judge shall determine whether each direct recording electronic voting machine 
that has been delivered to the polling place for use in the election has been 
delivered to the proper polling place. If the machine is not at the proper 
polling place, the presiding judge shall have it returned and request delivery 
of the proper machine.
(B) A machine may not be unsecured until after the presiding judge determines 
that it is at the proper polling place.
(C) If the voting machine is delivered to the proper polling place, the 
presiding judge shall unsecure the machine and make an inspection to determine 
whether the machine is properly installed and in the proper order for voting.
(D) If the voting machine is not properly installed or not in the proper order 
for voting, the presiding judge shall take appropriate corrective action.
(E) When the presiding judge determines that the machine is properly installed 
and in the proper order for voting, the judge shall prepare a certificate 
containing:
(i) a statement that the judge has determined that the machine is in the proper 
order for use in the election;
(ii) the signature of the judge;
(iii) the signatures of not more than two watchers if one or more watchers are 
present, with the signatures being from watchers of opposing interests if such 
watchers are present; and
(iv) any other information required by the secretary of state.
(F) The judge shall attach a copy of the certificate to each copy of the 
election returns for the polling place.
(4)  Securing machine on close of voter.
(A) On the close of voting at each polling place using direct recording 
electronic voting machines, an election officer shall secure each machine as 
prescribed by the secretary of state so that its unauthorized operation is 
prevented.
(B) After the machine is secured, the presiding judge shall prepare a 
certificate containing:
(i) statement that the machine is secured;
(ii) the signatures of the presiding judge and at least one election clerk;
(iii)  a statement that the second test of the machine was successful;
(iv) the signatures of not more than two watchers if one or more watchers are 
present, with the signatures being from watchers of opposing interests if such 
watchers are present; and
(v) any other information required by the secretary of state.
(C) The presiding judge shall attach a copy of the certificate to each copy of 
the election returns for the polling place.
(c) Preparing returns and related activities.
(1) Contents of returns. The election returns for each polling place using 
direct recording electronic voting machines must state:
(A) the designating numbers of the candidates and propositions appearing on 
direct recording electronic voting machine ballot labels, if any;
(B) separate tabulations of the results registered on each machine for each 
candidate and proposition;
(C) the totals of the results for each candidate and proposition from all the 
machines installed at the polling place; and
(D)  any other information required by the secretary of state.
(2)  Entering result on returns. The election returns are entered as follows.
(A) After a voting machine is secured against unauthorized operation, the 
presiding judge shall detach the printout from the voting machine. The entries 
on the returns shall be made by using the printout as the source of the election 
results.
(B) If the identity of the voting machine does not appear on the printout, the 
presiding judge shall enter the machine's identification number on the printout. 
The presiding judge and two election clerks shall certify that the printout and 
the machine correspond by signing the printout.
(C) After the entries are verified and corrected, the presiding judge shall 
deliver the printout to the general custodian of election records, who shall 
preserve it for the period for preserving the precinct election records.
(3) Processing write-ins recorded on machine.
(A) The write-in votes that voters record on a direct recording electronic 
voting machine shall be counted and the results entered on the election returns 
as prescribed by the secretary of state.
(B) After the write-in results from a voting machine are entered on the election 
returns, the write-in record from the machine shall be sealed as prescribed by 
the secretary of state, and preserved by the general custodian of election 
records for the period for preserving the precinct election records.
(4) Review of election returns and certification.
(A) After the results of the election at a polling place using direct recording 
electronic voting machines have been entered on the election returns, the 
presiding judge and at least two election clerks shall review the returns to 
determine whether they are in proper order.
(B) The presiding judge shall make the appropriate corrections in the election 
returns.
(C) When the reviewing election officers are satisfied that the election returns 
are in proper order, they shall sign the returns to certify their accuracy.
(5) Distribution of returns and poll list. Three copies of the election returns 
and two copies of the poll list from each precinct polling place using direct 
recording electronic voting machines shall be distributed in the same manner as 
for a precinct polling place using paper ballots, except that none are placed in 
Ballot Box Number 3.
(6)  Disposition of keys to machine.
(A) After completion of the election returns, the presiding judge shall place 
the keys to each direct recording electronic voting machine used at the polling 
place in a separate envelope and seal the envelope.
(B) The presiding judge and two election clerks shall sign their names across 
the envelope seal. The presiding judge shall enter on the envelope the date of 
the election, the identity of the polling place, and any other information 
required by the secretary of state.
(C) The presiding judge shall deliver the sealed envelope containing the keys to 
the custodian of the voting machine. The custodian shall preserve the envelope 
in its sealed condition for the period the voting machine is secured after the 
election
(d) Preservation of election results.
(1)  Security period for preserving election results.
(A) The election results registered on a direct recording electronic voting 
machine shall be preserved on the machine for 10 days after election day unless 
the machine is required for another election before that time expires. In that 
case, the results shall be preserved for five days after election day or until 
the local canvass of the returns containing the election results from the 
machine is completed, whichever is later.
(B) The custodian of the voting machine shall keep the machine secure against 
unauthorized operation for the period prescribed by Subsection IV(A)(1).
(C) The voting machine may be unsecured and cleared of the election results at 
any time after the security period prescribed by Subsection VI(A)(1) expires 
unless the period is extended as provided in Subsection IV(B)or IV(C).
(2) Extension of security period on request.
(A) A direct recording electronic voting machine shall remain secure if, before 
the security period prescribed by the Texas Election Code, sec.126.031 expires, 
the machine's custodian receives a request to maintain security of the machine 
for an extended period.
(B) A request must be in writing and signed by:
(i) a person eligible to contest the election or obtain a recount; or
(ii) a public authority authorized to conduct a criminal investigation involving 
use of the voting machine in the election or a person designated by the public 
authority to make the request.
(C) The request shall be preserved by the machine's custodian for the period for 
preserving the precinct election records.
(D)  To obtain the release of a voting machine secured under this section the 
machine's custodian must petition a district court for the release. Venue of the 
petition is in the county in which the polling place at which the voting machine 
was installed is located.
(E) On petition, the court shall issue an order releasing the voting machine 
unless the party requesting the extended security period establishes that 
maintaining security of the machine is necessary to the disposition of an 
election contest, recount, or criminal investigation. In that case, the court 
shall determine the period for continuing the machine's security and issue an 
order releasing the machine on expiration of that period. If the machine is 
required for another election, the court shall order its release for a time 
before the election that will not interfere with use of the machine in the 
election.
(F) The voting machine may be unsecured and cleared of election results at any 
time after the machine is released by the district court.
(G) The requesting party may withdraw the request before a petition is filed 
under this section by submitting a written retraction to the machine's 
custodian. If a request is withdrawn a machine secured by the request may be 
unsecured and cleared of election results without petitioning a district court 
for a release. The retraction shall be preserved with the request.
(3) Extension of security period by court.
(A) A court or other tribunal of competent jurisdiction may extend the security 
period prescribed by the Texas Election Code, sec.126.031, if the tribunal 
determines that an extension might be necessary to the disposition of an 
election contest, recount, or criminal investigation.
(B) If a tribunal extends the security period, the tribunal shall determine the 
period for continuing the machine's security and issue an order releasing the 
machine on the expiration of that period. If the machine is required for another 
election, the tribunal shall order its release for a time before the election 
that will not interfere with use of the machine in the election.
(C)  The voting machine may be unsecured and cleared of election results at any 
time after the machine is released by the tribunal.
(4) Preservation of ballot label.
(A) The direct recording electronic voting machine ballot label shall be 
preserved intact on the voting machine during the period that the machine is 
secured following an election. After that period expires, the ballot label may 
be detached from the machine.
(B) If the ballot label is detached from the voting machine before the period 
for preserving the precinct election records expires, the machine's custodian 
shall deliver the ballot label to the general custodian of election records.
(C) The ballot label may be discarded or destroyed after the security period 
expires or the period for preserving the precinct election records expires, 
whichever is later.
(5)  Examination of secured machine.
(A) During the period that a direct recording electronic voting machine is 
secured following an election, the machine may be examined only as authorized by 
this code or on the order of a court or other tribunal of competent 
jurisdiction.
(B) On completion of an examination, the authority that ordered the examination 
shall have the machine restored to its secured condition. The person in charge 
of the examination shall replace the keys to the machine in their envelope, seal 
the envelope, sign his name across the seal and return the sealed envelope to 
the machine's custodian
(e) Testing direct recording electronic voting machines.
(1) Test of direct recording electronic voting machines required. Each machine 
shall be tested as follows.
(2) Testing authorities. The general custodian of election records shall conduct 
the first test. The presiding judge of the polling place shall conduct the 
second test at the polling place.
(3) Times for conducting test.
(A) The test shall be conducted two times for each election.
(B) The first test shall be conducted immediately following the conclusion of 
the inspection of the direct recording electronic voting machine, when a 
determination has been made that the machine is in the proper order for use, and 
immediately prior to securing the machine for delivery to the polling place.
(C) The second test shall be conducted immediately after the returns are 
completed, and before the machine is secured.
(4) Design of test.
(A) The test must be designed to determine whether the direct recording 
electronic voting machine accurately counts votes and otherwise functions 
properly.
(B) A group of test votes shall be counted with the machine using the program 
prepared for processing the votes in the election.
(C) The group of test votes must contain a predetermined number of valid votes 
for each candidate and for and against each proposition on the ballot for the 
election. The test group must also contain votes in excess of the allowable 
number and with other improper votes.
(D) The same test shall be administered each time the equipment is tested for 
the same election.
(5) Determining success of test.
(A) A test is successful if a perfect count of the test votes is obtained and 
the direct recording electronic voting machine otherwise functions properly 
during the counting of the test ballots.
(B) The testing authorities shall determine whether a test is successful.
(6) Conduct of first test.
(A) The general custodian of election records shall publish notice of the time 
and place of the first test in a newspaper, as provided by general law for 
official publications by political subdivisions, at least 48 hours before the 
date of the test.
(B) The test is open to the public.
(C) The direct recording electronic voting machine may not be used to count 
ballots voted in the election until the first test is successful.
(7) Conduct of second test; void ballot count.
(A) If the initial test conducted during the second test is unsuccessful, the 
count of votes in the election obtained with the direct recording electronic 
voting machine is void.
(B) If the initial test is successful the count of votes in the election is 
valid for the purpose of certifying the election returns. The presiding judge 
shall certify in writing that the initial test was successful and the date and 
hour the test was completed. The certification shall be retained with the test 
materials.
(C) If the vote count is void under Subsection V(G)(1), the testing authorities 
must print ballot images for the second test, hand count the ballot images, and 
compare the count to the predetermined count of the test deck to determine 
whether the votes were entered properly.
(D) If the ballot images from the second test indicate that the votes were 
entered properly, but the count is not correct, images of all ballots cast in 
the election shall be produced, and the votes shall be counted manually.
(8) Security of test materials.
(A) On completing each test, the presiding judge shall place the test votes and 
other test materials in a container provided for that purpose and seal the 
container so it cannot be opened without breaking the seal. The presiding judge, 
and not more than two watchers, if one or more watchers are present, shall sign 
the seal. The watchers must be of opposing interests if such watchers are 
present.
(B)  The test materials shall remain sealed for the period for preserving the 
precinct election records.
(C) The container may not be unsealed unless the contents are necessary to 
conduct a test under this subchapter, a criminal investigation, election 
contest, or other official proceeding under this Code. If the container is 
unsealed, the authority in charge of the proceeding shall reseal the contents 
when not in use.
(9) Custody of test materials. The presiding judge is the custodian of the test 
materials until they are delivered to the general custodian of election records 
with the election returns.
(f) Additional count of ballots.
(1) Partial count of direct recording electronic voting system ballots by 
general custodian.
(A)  To ensure the accuracy of the tabulation of direct recording electronic 
voting system results, the general custodian of election records shall conduct a 
manual count, using the ballot images produced by the machine, of all the races 
in at least one percent of the election precincts or in three precincts, 
whichever is greater, in which the voting system was used. The custodian shall 
select the precincts at random and shall begin the count within 72 hours after 
the end of the applicable security period for preserving election results 
prescribed by Section IV.
(B) Each candidate in the election is entitled to be present at the count and is 
entitled to have a representative present.
(C) Not later than the third day after the date the count is completed, the 
general custodian of election records shall deliver a written report of the 
results of the count to the secretary of state.
(D) The secretary of state at any time may waive or reinstate the requirements 
of this section for a particular political subdivision.
(2) Count of direct recording electronic voting system ballots by secretary of 
state.
(A)  To ensure the accuracy of the tabulation of electronic voting system 
results, the secretary of state or the secretary's designee may conduct a manual 
count of any portion of any number of ballot images from any precinct in which 
the direct recording electronic voting system was used.
(B) The count may be conducted at any time during the period for preserving the 
applicable precinct election records.
(C) The general custodian of election records is entitled to be present at the 
count.
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 October 7, 1991.
TRD-9112331
John Hannah, Jr.
Secretary of State
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-5701
       
TITLE 19. EDUCATION
Part II. Texas Education Agency
Chapter 75. Curriculum
Subchapter C. Essential Elements-Grade Seven-Eight
19 TAC sec.75.52
The Texas Education Agency proposes new sec.75.52 concerning the essential 
elements-grades seven-eight. The section is being proposed as a result of the 
five-year curriculum review process, preliminary discussions with the State 
Board of Education, and changes in content that were included in Proclamations 
68, 1991, and 1992. Proclamation 1992 is scheduled to be presented to the board 
for approval in January 1992.
Dr. Leroy Psencik, division director of general education, has determined that 
for the first five-year period the proposed section will be in effect there will 
be fiscal implications as a result of enforcing or administering the section. 
There will be no fiscal implications for state government. The effect on local 
government for the first five-year period will be that local school districts 
will be required to update their curriculum guides. The cost of these updates is 
probably minimal in some districts, consisting of errata sheets distributed to 
teachers. Other districts may choose to reproduce entire curriculum guides at a 
higher cost. As a result of these changes, districts will not be required to 
fund any new staff positions. No new supplemental materials are needed for the 
teachers since the content is in place in the most recently adopted textbooks.
Dr. Psencik and Criss Cloudt, director for planning coordination, also have 
determined that for each year of the first five years the proposed section will 
be in effect the public benefit anticipated as a result of enforcing the section 
will be assistance to publishers in developing teacher editions with references 
to the revised essential elements and textbook reviewers in reviewing coverage 
of the revised essential elements in the textbooks. The revisions will allow 
school districts sufficient time to update curriculum guides and materials and 
to plan staff development programs for implementing new textbooks based on the 
revised essential elements. There will be no effect on small businesses. There 
is no anticipated economic cost to persons who are required to comply with the 
proposed section.
Comments on the proposal may be submitted to Criss Cloudt, Planning 
Coordination, 1701 North Congress Avenue, Austin, Texas, 78701, (512) 463-9701. 
All requests for a public hearing on the proposed section submitted in 
accordance with the Administrative Procedure and Texas Register Act must be 
received by the commissioner of education not more than 15 calendar days after 
notice of a proposed change in the chapter has been published in the  Texas 
Register.
The new section is proposed under sec.21.101, which provides the State Board of 
Education with the authority to adopt rules designating the essential elements 
for a well-balanced curriculum for state school districts.
sec.75.52. English as a Second Language. English as a second language, grades 
seven and eight. English as a second language, grades seven and eight, shall 
include the following essential elements.
(1) Language acquisition process. Learning to use basic strategies and concepts 
that help in learning English as a second language. The student shall be 
provided opportunities to:
(A) develop strategies for language learning (e.g., make guesses, take risks);
(B) utilize strategies to negotiate meaning;
(C) use prior knowledge and experience to understand meanings in English;
(D) recognize errors and use of self-correcting techniques;
(E)  develop an awareness of similarities and differences between first language 
and English; and
(F) develop an understanding of language as a system of communication.
(2) Culture. Learning concepts that result in knowledge and awareness of the 
history and culture of another people with a range of situations. The student 
shall be provided opportunities to:
(A) learn the behaviors of the school culture;
(B) recognize characteristics of various cultures;
(C) respect differences in behavior and expressions of other cultures;
(D) value one's own culture and heritage; and
(E) develop an awareness of the relationships between language and culture.
(3) Listening. Learning to understand English spoken with appropriate rate and 
intonation. in a wide range of social and academic contexts. The student shall 
be provided opportunities to:
(A)  learn to listen:
(i) demonstrate understanding of short stories, informational narratives or 
other spoken forms by responding verbally or nonverbally;
(ii) listen to literary selections daily for personal enjoyment and to foster 
language acquisition, appreciate the sound devices of rhyme and rhythm, and 
distinguish between fact and fantasy fiction and non-fiction;
(iii) comprehend the meaning of written texts presented orally identify the main 
idea, important facts and details of written texts presented orally, recognize 
the sequence of events given in a written text presented orally, recognize cause 
and effect relationships, and identify an implied idea;
(iv) employ active listening in a variety of situations (e.g., following 
directions, listening for a specific purpose); and
(v) participate in listening activities based on content area concepts (e.g., 
mathematics, science, social studies);
(B) acquire language functions and use through listening:
(i) respond to a variety of language functions (e.g., greetings, directions, 
requests, information given, information sought);
(ii) recognize a speaker's purpose and point of view;
(iii) recognize how social contexts require variation in language; and
(iv) distinguish between socially acceptable and unacceptable language in 
various contexts;
(C) acquire language forms through listening contexts;
(i)  vocabulary: acquire vocabulary related to concepts and topics in spoken 
discourse;
(ii) syntax: understand the meaning of English sentence structures (e.g., 
statements, questions, commands);
(iii) syntax: acquire English inflections and function words by listening to 
spoken discourse; and
(iv) phonology: acquire English sounds and intonation patterns by listening to 
spoken discourse.
(4) Speaking. Learning to speak English, with increasing accuracy and fluency, 
in order to convey meaning appropriate to a wide range of social and academic 
contexts. The student shall be provided opportunities to:
(A) learn to produce spoken English:
(i) participate in nonverbal communication through gesture, pantomime and facial 
expression;
(ii) engage in a conversation and discussions by sharing ideas with others;
(iii) communicate meaningfully in one-to-one, small group, and large group 
situations;
(iv) engage in creative drama activities;
(v) participate in choral speaking;
(vi) dictate ideas and feelings as they are recorded;
(vii) retell poems and stories with appropriate verbal and nonverbal 
communication;
(viii) discuss written texts presented orally, discuss the main idea and 
important facts and details, discuss cause and effect relationships, identify 
any implied ideas, draw conclusions and make oral summaries, and make judgments 
using evaluations and generalizations;
(ix)  narrate events in an appropriate sequence;
(x) give a sequence of directions for others to follow;
(xi) give descriptions relevant to various situations;
(xii) use a brief set of reasons to persuade a peer, group, or adult; and
(xiii) participate on committees and panels and in group problem-solving 
activities;
(B) acquire language functions and use through speaking:
(i)  use oral language for a variety of functions (e.g., greetings, requests, 
seeking and giving information, persuading); and
(ii) use language appropriately in a variety of social contexts, make 
adjustments to fit purpose, make adjustments to fit audience, and make 
adjustments to fit content;
(C)  acquire language forms through speaking:
(i) vocabulary: use appropriate vocabulary to express meaning intended in spoken 
interactions;
(ii) syntax: use English word order with increasing accuracy in spoken 
interactions;
(iii) syntax: use English inflections with increasing accuracy in spoken 
interactions; and
(iv) phonology: use the sounds and intonation patterns of English with 
increasing accuracy.
(5)  Reading. Learning to read English, with increasing comprehension. for a 
variety of purposes. The student shall be provided opportunities to:
(A) learn to read English:
(i) learn to comprehend texts written for a variety of social and academic 
purposes, experience a print-rich environment in the classroom, recall the main 
idea and important facts and details of written texts, arrange events given in a 
written text in a sequential order, distinguish between fact and fantasy, 
fiction and non-fiction, distinguish cause and effect relationships, identify an 
implied idea, predict probable future outcomes, draw conclusions and make 
summaries, make judgments using evaluations and generalizations, and understand 
content area texts (e.g., science, mathematics, social studies);
(ii) learn to apply reading skills and strategies to a variety of practical 
situations, follow multi-step directions, use the dictionary and encyclopedia to 
locate information, recognize and use the various parts of a book, use and 
interpret graphic material; and
(iii) learn to appreciate literature, become acquainted with various forms of 
literature, prose and poetry, develop strategies to interpret literary, 
including setting, plot, characters, understand differences in points of view, 
recognize use of simile and metaphor and idiomatic language, and select books 
for individual needs and interests;
(B) acquire language functions and use through reading:
(i) acquire ability to process written language expressing a variety of language 
functions;
(ii)  distinguish between informal and formal written language; and
(iii)  recognize how different social contexts require variation in language.
(C) acquire language forms through reading:
(i) vocabulary: understand vocabulary needed to comprehend appropriate written 
texts;
(ii)  syntax: understand English word order to obtain context clues from written 
texts;
(iii) syntax: understand English word formation through morphological processes 
used in written texts; and
(iv)  sound/symbol relationships: develop strategies for decoding written 
language, including directionality and spacing.
(6) Writing. Learning to produce written English, with increasing fluency and 
accuracy, to convey meaning appropriately in a range of social and school 
contexts. The student shall be provided opportunities to:
(A) learn to produce written discourse:
(i) participate in writing processes, pre-writing activities, drafting, 
emphasizing fluency rather than mechanics, syntax and spelling, sharing and 
responding to writing, conferencing with peers and teachers, revising selected 
pieces of writing for content and clarity of expression, editing for mechanics 
of usage and spelling with help of peers and teachers, and publishing for an 
audience;
(ii) participate in dictation process using a variety of dictation strategies;
(iii) use experiences with literature to create new stories through dictation or 
personal writing;
(iv) use writing experiences to learn content area concepts; and
(v) learn to apply conventions of writing to produce effective communications, 
spelling, capitalization, punctuation, and handwriting conventions;
(B) acquire language functions and use through writing:
(i)  use written language for a variety of purposes; and
(ii)  use written language appropriately in various contexts, write for 
different audiences, write in different formats, and write different genres 
(e.g. , narratives, poems, expository essays, imaginative fiction);
(C)  acquire of language forms through writing texts:
(i) vocabulary: use appropriate vocabulary needed to convey meanings on a wide 
range of topics;
(ii) syntax: use English word order with increasing accuracy in written texts;
(iii) syntax: use English word formation processes with increasing accuracy in 
written texts; and
(iv) phonology: acquire strategies to encode sounds for producing written texts.
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-9112122
Criss Cloudt
Director, Planning Coordination
Texas Education Agency
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-9701
       
TITLE 19. EDUCATION
Part II. Texas Education Agency
Chapter 75. Curriculum
Subchapter D. Essential Elements-Grades Nine-12
19 TAC sec.sec.75.61-75.65, 75.67-75.70, 75.85
The Texas Education Agency proposes amendments to sec. s75.61-75.65, 75.67-75. 
70, and 75.85, concerning the essential elements-grades nine-12. The sections 
are being amended as a result of the five-year curriculum review process, 
preliminary discussions with the State Board of Education, and changes in 
content that were included in Proclamations 68, 1991, and 1992. Proclamation 
1992 is scheduled to be presented to the board for approval in January 1992.
Dr. Leroy Psencik, division director of general education, has determined that 
for the first five-year period the sections are in effect there will be fiscal 
implications for local government as a result of enforcing or administering the 
sections. There will be no fiscal implications for state government. The effect 
on local government for the first five-year period will be that local school 
districts will be required to update their curriculum guides. The cost of these 
updates is probably minimal in some districts, consisting of errata sheets 
distributed to teachers. Other districts may choose to reproduce entire 
curriculum guides at a higher cost. As a result of these changes, districts will 
not be required to fund any new staff positions. No new supplemental materials 
are needed for the teachers since the content is in place in the most recently 
adopted textbooks.
Dr. Psencik and Criss Cloudt, director for planning coordination, also have 
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 
assistance to publishers in developing teacher editions with references to the 
revised essential elements and textbook reviewers in reviewing coverage of the 
revised essential elements in the textbooks. The revisions will allow school 
districts sufficient time to update curriculum guides and materials and to plan 
staff development programs for implementing new textbooks based on the revised 
essential elements. 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 Criss Cloudt, Planning 
Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. 
All requests for a public hearing on the proposed sections submitted in 
accordance with the Administrative Procedure and Texas Register Act must be 
received by the commissioner of education not more than 15 calendar days after 
notice of a proposed change in the chapter has been published in the  Texas 
Register.
The amendments are proposed under the Texas Education Code, sec.21.101, which 
provides the State Board of Education with the authority to adopt rules 
designating the essential elements for a well-balanced curriculum for state 
school districts.
sec.75.61. English Language Arts.
(a) English I (one unit). <nl>Essential elements described in this subsection 
for English I shall be superseded by the essential elements described in 
subsection (gg) of this section effective September 1992.<ol> English I shall 
include the following essential elements.
(1)-(4) (No change.)
(b) English II (one unit). <nl>Essential elements described in this subsection 
for English II shall be superseded by the essential elements described in 
subsection (hh) of this section effective September 1992.<ol> English II shall 
include the following essential elements.
(1)-(4) (No change.)
(c) English III (one unit). <nl>Essential elements described in this subsection 
for English III shall be superseded by the essential elements described in 
subsection (ii) of this section effective September 1992. <ol>English III shall 
include the following essential elements.
(1)-(4) (No change.)
(d) English IV (one unit). <nl>Essential elements described in this subsection 
for English IV shall be superseded by the essential elements described in 
subsection (jj) of this section effective September 1992. <ol>English IV shall 
include the following essential elements.
(1)-(4) (No change.)
(e) (No change.)
(f) Correlated Language Arts I (one unit). <nl>Essential elements described in 
this subsection for Correlated Language Arts I shall be superseded by the 
essential elements described in subsection (kk) of this section effective 
September 1992. <ol>Correlated Language Arts I shall include the following 
essential elements.
(1)-(4) (No change.)
(g) Correlated Language Arts II (one unit). <nl>Essential elements described in 
this subsection for Correlated Language Arts II shall be superseded by the 
essential elements described in subsection (ll) of this section effective 
September 1992. <ol>Correlated Language Arts II shall include the following 
essential elements.
(1)-(4) (No change.)
(h) Correlated Language Arts III (one unit). <nl>Essential elements described in 
this subsection for Correlated Language Arts III shall be superseded by the 
essential elements described in subsection (mm) of this section effective 
September 1992. <ol>Correlated Language Arts III shall include the following 
essential elements.
(1)-(4) (No change.)
(i) Correlated Language Arts IV (one unit). <nl>Essential elements described in 
this subsection for Correlated Language Arts IV shall be superseded by the 
essential elements described in subsection (nn) of this section effective 
September 1992. <ol>Correlated Language Arts IV shall include the following 
essential elements.
(1)-(4) (No change.)
(j) English for Speakers of Other Languages I, II, III (1/2-one unit). <nl>The 
essential elements and the course title described in this subsection for English 
for Speakers of Other Languages I, II, III shall be superseded by the essential 
elements and the course title described in subsection (tt) of this section 
effective September 1992. <ol>English for Speakers of Other Languages I, II, III 
shall include the following essential elements.
(1)-(4) (No change.)
(k) Reading Improvement <nl>I, II, III<ol> (1/2-<nl>one<ol>[three] <nl>unit<ol> 
[units]). Reading Improvement <nl>I, II, III<ol> shall include the following 
essential elements.
<nl>(1) Determine the meaning of words in oral and written communication. The 
student shall be provided opportunities to:
<nl>(A) develop strategies to decode written language in connected text 
including structural analysis and contextual clues;
<nl>(B) develop strategies to use dictionaries and thesauruses to analyze and 
produce meaningful communication; and
<nl>(C) develop strategies to expand vocabulary, including the use of content 
area vocabulary and multimeaning words.
<nl>(2) Construct implicit and explicit meaning from oral and written 
communication, including student writing. The student shall be provided 
opportunities to:
<nl>(A) develop and expand language through wide reading;
<nl>(B) develop and expand language by listening to text read aloud;
<nl>(C) develop and activate background knowledge central to the text;
<nl>(D) integrate new information with background knowledge to increase reading 
and listening comprehension; and
<nl>(E) use oral and written composing processes.
<nl>(3) Apply listening, speaking, reading, and writing strategies to a variety 
of purposeful language situations. The student shall be provided opportunities 
to:
<nl>(A) develop fluency through wide reading at an independent level on a daily 
basis;
<nl>(B) develop fluency in writing by writing for a variety of purposes 
including journal entries, writing in response to written text, writing to 
summarize, etc., on a daily basis;
<nl>(C) experience success in reading, writing, listening, and speaking in order 
to develop positive attitudes about the language arts;
<nl>(D) set an appropriate purpose for reading and/or listening prior to 
engaging in reading and/or listening activities;
<nl>(E) predict, confirm predictions about text, and/or reread to modify 
predictions;
<nl>(F) understand events in sequential order, determine the main ideas and 
supporting details, predict probable future outcomes or actions, distinguish 
between fact and nonfact, recognize points of view, recognize forms of 
propaganda, make inferences and draw conclusions, perceive cause and effect 
relationships, summarize written text, and evaluate and make judgments and 
generalizations based on an analysis of information provided in the text by 
producing oral and written texts;
<nl>(G) respond to text or to a speaker by writing to extend ideas;
<nl>(H) read flexibly by adjusting reading rate according to purpose including 
reading for pleasure, reading for information, and reading to monitor 
understanding of text; and
<nl>(I) read text presented or formatted in a variety of ways including 
interpreting graphic sources and life skills materials, following complex 
written directions, and using reader aids such as bold faced headings and 
italics.
<nl>(4) Apply a variety of study strategies to practical situations including 
materials and assignments from other classes in which students are enrolled. The 
student shall be provided opportunities to:
<nl>(A) use library resources;
<nl>(B) develop strategies for note taking in a variety of contexts;
<nl>(C) use a variety of study techniques including skimming, scanning, 
surveying, and reviewing;
<nl>(D) use a variety of strategies for time management and organization of 
materials; and
<nl>(E) develop strategies for test taking in a variety of contexts.
[(1) Word attack skills to decode written language. The student shall be 
provided opportunities to:
[(A) use structural analysis;
[(B) use contextual clues; and
[(C) use dictionaries in determining word pronunciation.
[(2) Vocabulary development to understand written materials. The student shall 
be provided opportunities to use advanced and specialized dictionaries in 
determining word meaning including word origins and word histories.
[(3) Comprehension skills to gain meaning from whatever is read. The student 
shall be provided opportunities to:
[(A) identify main idea and supporting details;
[(B) sequence events;
[(C) perceive cause and effect relationship;
[(D) evaluate and make critical analysis of information given;
[(E) infer and draw logical conclusions;
[(F) make generalizations; and
[(G) predict future events and outcomes.
[(4) Reading skills applied to a variety of practical situations. The student 
shall be provided opportunities to:
[(A) follow written directions involving subordinate steps;
[(B) use parts of a book;
[(C) use various kinds of books as aids such as catalogs, telephone books, and 
encyclopedias;
[(D) use graphic sources such as tables, charts, graphs, maps, and diagrams; and
[(E) use standard reference books.]
(l)-(t) (No change.)
(u) Introduction to speech communication (1/2-one unit). <nl>Essential elements 
described in this subsection for introduction to speech communication shall be 
superseded by the essential elements described in subsection (qq) of this 
section effective September 1994. <ol>Introduction to speech communication shall 
include the following essential elements.
(1)-(7) (No change.)
(v)-(w) (No change.)
(x) Debate I, II, III (1/2-one unit). <nl>Essential elements described in this 
subsection for Debate I, II, III shall be superseded by the essential elements 
described in subsection (rr) of this section effective September 1995. 
<ol>Debate I, II, III shall provide a program that includes the following 
essential elements.
(1)-(10) (No change.)
(y) Public Speaking I, II, III (1/2-one unit). <nl>Essential elements described 
in this subsection for Public Speaking I, II, III shall be superseded by the 
essential elements described in subsection (ss) of this section effective 
September 1995.  <ol>Public Speaking I, II, III shall provide a program that 
includes the following essential elements.
(1)-(10) (No change.)
(z) (No change.)
(aa) Journalism [I] (1/2-one unit). <nl>Essential elements described in this 
subsection for journalism shall be superseded by the essential elements 
described in subsection (oo) of this section effective September 1993. 
<ol>Journalism [I] shall include the following essential elements.
(1)-(9) (No change.)
(bb)-(cc) (No change.)
(dd) Photojournalism (1/2-one unit). <nl>Essential elements described in this 
subsection for photojournalism shall be superseded by the essential elements 
described in subsection (pp) of this section effective September 1993. 
<ol>Photojournalism shall include the following essential elements.
(1)-(4) (No change.)
(ee)-(nn) (No change.)
<nl>(oo) Journalism (1/2-one unit). Essential elements for journalism as 
described in this subsection shall be effective September 1993. Journalism shall 
include the following essential elements.
<nl>(1) Basic features of journalism. The student shall be provided 
opportunities to:
<nl>(A) identify significant persons and events in the history of journalism of 
the United States;
<nl>(B) define the responsibility of the media to the audience; and
<nl>(C) distinguish fact from opinion.
<nl>(2) Journalistic writing. The student shall be provided opportunities to:
<nl>(A) differentiate among and write straight, interpretive, and feature news 
stories, including effective leads;
<nl>(B) understand the elements of news;
<nl>(C) use inverted pyramid form;
<nl>(D) use journalistic style;
<nl>(E) gather information through interviews and incorporate direct and 
indirect quotes; and
<nl>(F) write captions.
<nl>(3) Editing. The student shall be provided opportunities to:
<nl>(A) recall and employ the rules of writing headlines;
<nl>(B) recall and employ the rules of style;
<nl>(C) edit copy using appropriate copyreading and proofreading symbols;
<nl>(D) demonstrate the ability to apply the rules of standard usage; and
<nl>(E) rewrite copy.
<nl>(4) Specialized writing. The student shall be provided opportunities to:
<nl>(A) analyze policies;
<nl>(B) write an editorial;
<nl>(C) write a column;
<nl>(D) write a review; and
<nl>(E) write a feature.
<nl>(5) Layout. The student shall be provided opportunities to:
<nl>(A) describe the characteristics of front, news, editorial, feature, and 
sports pages and distinguish among them;
<nl>(B) describe the characteristics of yearbook layouts by section and 
distinguish among them;
<nl>(C) explain the significance of placement;
<nl>(D) demonstrate the relationship among the elements of design;
<nl>(E) identify size, contrast, and variety of type;
<nl>(F) select, crop, and scale photographs;
<nl>(G) paste up a layout;
<nl>(H) proofread a layout; and
<nl>(I) recognize good, usable photos and demonstrate proficiency in cropping 
the photos to fit the overall page plan.
<nl>(6) Advertising. The student shall be provided opportunities to:
<nl>(A) study trends in advertising;
<nl>(B) design an advertisement;
<nl>(C) explain the purpose of advertisements;
<nl>(D) analyze economic costs of a publication; and
<nl>(E) differentiate between advertising appeals and propaganda.
<nl>(pp) Photojournalism (1/2-one unit). Essential elements for photojournalism 
as described in this subsection shall be effective September 1993. 
Photojournalism shall include the following essential elements.
<nl>(1) Photography for journalistic purposes. The student shall be provided 
opportunities to:
<nl>(A) plan photographs in relation to assignments from an editor;
<nl>(B) illustrate news events with appropriate photos and captions; and
<nl>(C) plan photo layout.
<nl>(2) Camera. The student shall be provided opportunities to:
<nl>(A) operate a 35mm single-lens reflex camera with a variety of lenses;
<nl>(B) operate a flash;
<nl>(C) read a light meter;
<nl>(D) illustrate news events with appropriate photos;
<nl>(E) demonstrate knowledge of ASA, aperture, and shutter; and
<nl>(F) understand available light, depth of field, and the rule of thirds.
<nl>(3) Film processing. The student shall be provided opportunities to:
<nl>(A) process film;
<nl>(B) print photos;
<nl>(C) understand developing chemistry;
<nl>(D) understand printing chemistry; and
<nl>(E) understand darkroom equipment.
<nl>(4) Composition. The student shall be provided opportunities to:
<nl>(A) apply principles of balance and contrast;
<nl>(B) crop and scale photos;
<nl>(C) lay out articles with photos; and
<nl>(D) write captions.
<nl>(5) Photo editing. The student shall be provided opportunities to:
<nl>(A) set up an assignment system;
<nl>(B) meet deadlines;
<nl>(C) set up a system of keeping track of negatives and contact sheets; and
<nl>(D) evaluate photographs for technical quality and composition.
<nl>(qq) Speech communication (1/2-one unit). Essential elements for speech 
communication as described in this subsection shall be effective September 1994. 
Speech communication shall include the following essential elements.
<nl>(1) Communication as process. The student shall be provided opportunities 
to:
<nl>(A) demonstrate awareness of the importance of communication in daily 
interaction;
<nl>(B) demonstrate an understanding of the components of the communication 
process and their interrelationships;
<nl>(C) demonstrate understanding of the components of the listening process and 
their interrelatedness;
<nl>(D) demonstrate understanding of the basic principles of communication as a 
basis for effective interaction; and
<nl>(E) describe the ethical and social responsibilities of a communicator.
<nl>(2) Communication in interpersonal interaction. The student shall be 
provided opportunities to:
<nl>(A) demonstrate competence in using appropriate language skills in a variety 
of interpersonal situations;
<nl>(B) demonstrate competence in using appropriate nonverbal behaviors in a 
variety of interpersonal situations;
<nl>(C) demonstrate competence in reflective and empathic listening in a variety 
of interpersonal situations;
<nl>(D) develop proficiency in assessing and using information, value judgments, 
and logical thinking processes for managing conflict, solving problems, and 
making decisions in a variety of social, academic, or occupational situations; 
and
<nl>(E) demonstrate understanding of interpersonal interaction through 
evaluation of the interpersonal skills of self and others.
<nl>(3) Communication in groups. The student shall be provided opportunities to:
<nl>(A) demonstrate an awareness of the importance of groups in democratic 
process;
<nl>(B) analyze the purposes and functions of a variety of informal and formal 
groups;
<nl>(C) analyze the roles of group members or participants in a variety of 
informal and formal groups;
<nl>(D) demonstrate competence in the use of verbal and nonverbal skills in 
groups;
<nl>(E) demonstrate competence in problem solving and decision making in group 
process;
<nl>(F) demonstrate effective use of parliamentary procedure in legislative 
group settings; and
<nl>(G) demonstrate competence in evaluating group effectiveness.
<nl>(4) Communication in public-speech preparation. The student shall be 
provided opportunities to:
<nl>(A) demonstrate competence in choosing and limiting topics for speeches;
<nl>(B) demonstrate competence in choosing specific purposes for the speech from 
among informing, persuading, or promoting social cohesion;
<nl>(C) demonstrate competence in using effective research skills to gather 
information and support data for speeches;
<nl>(D) demonstrate competence in organizing and outlining speeches through 
appropriate use of logical patterns of organization to support the topic and 
purpose;
<nl>(E) demonstrate competence in using logical, ethical, and emotional proofs 
and appeals for support and clarification of ideas;
<nl>(F) demonstrate competence in composing effective introductions, 
transitions, and conclusions for speeches; and
<nl>(G) demonstrate competence in writing manuscripts for speeches in manuscript 
or memorized presentations and/or organizing notes for extemporaneous speeches.
<nl>(5) Communication in public-speech presentation. The student shall be 
provided opportunities to:
<nl>(A) demonstrate competence in using effective rehearsal strategies to 
overcome communication apprehension, build self-confidence, enhance the sense of 
purpose, and allow revision of speech choices;
<nl>(B) demonstrate competence in using a variety of methods for delivering 
speeches;
<nl>(C) demonstrate effective verbal skills and language choices in presenting 
speeches;
<nl>(D) demonstrate effective use of voice and diction in presenting speeches; 
and
<nl>(E) demonstrate effective use of posture, movement, gesture, facial 
expression, and eye contact in presenting speeches.
<nl>(6) Communication in public-speech evaluation. The student shall be provided 
opportunities to:
<nl>(A) demonstrate competence in critical listening by analyzing and evaluating 
class, public, or media presentations of speeches;
<nl>(B) demonstrate competence in analyzing and evaluating written speech 
models; and
<nl>(C) demonstrate competence in presenting and justifying written and oral 
evaluations of speeches.
<nl>(rr) Debate I, II, III (1/2-one unit). Essential elements for Debate I, II, 
III as described in this subsection shall be effective September 1995. Debate I, 
II, III shall provide a program that includes the following essential elements.
<nl>(1) Skills of analysis. The student shall be provided opportunities to:
<nl>(A) demonstrate competence in distinguishing among propositions of fact, 
value, and policy;
<nl>(B) demonstrate skills in analyzing and interpreting various propositions;
<nl>(C) demonstrate skills in identifying issues within a given proposition and 
their implications for case development; and
<nl>(D) demonstrate skills in evaluating propositions and related issues 
presented by classmates or by political, religious, or social advocates in the 
public arena.
<nl>(2) Logical and critical thinking. The student shall be provided 
opportunities to:
<nl>(A) demonstrate skills in distinguishing among and utilizing various forms 
of logical and critical thinking; and
<nl>(B) demonstrate skills in evaluating the logical and critical thinking of 
self and others through the identification of fallacies and the application of 
criteria specific to any form of reasoning.
<nl>(3) Research skills. The student shall be provided opportunities to:
<nl>(A) demonstrate skills in effective use of a wide variety of primary and 
secondary sources;
<nl>(B) demonstrate understanding of types of proof appropriate for debate;
<nl>(C) demonstrate competence in source citation and note-taking techniques; 
and
<nl>(D) demonstrate use of ethical guidelines for debate research and use of 
evidence in debate.
<nl>(4) Debate formats. The student shall be provided opportunities to:
<nl>(A) demonstrate understanding of the distinctive characteristics of a 
variety of debate formats; and
<nl>(B) demonstrate competence in the use of cross-question techniques.
<nl>(5) Case construction skills for propositions of value. The student shall be 
provided opportunities to:
<nl>(A) demonstrate understanding of the strategies for case construction and 
argumentation in Lincoln-Douglas debate;
<nl>(B) demonstrate understanding of universal values which underlie the issues 
inherent within a given proposition of value;
<nl>(C) demonstrate competence in applying universal values in the analysis of a 
given proposition of value;
<nl>(D) demonstrate competence in developing and supporting a line of 
affirmative argumentation relative to the appropriate universal value which 
would cause the audience to accept the proposition; and
<nl>(E) demonstrate competence in developing and supporting a line of negative 
argumentation relative to the universal value which would cause the audience to 
reject the proposition.
<nl>(6) Case construction skills for propositions of policy. The student shall 
be provided opportunities to:
<nl>(A) demonstrate understanding of the strategies for case construction and 
argumentation in standard and/or cross-examination debate;
<nl>(B) demonstrate understanding of the affirmative responsibilities and 
options in case construction;
<nl>(C) demonstrate understanding of the negative responsibilities and options 
in case construction;
<nl>(D) demonstrate skills in selecting the most viable approach to an 
affirmative case from a variety of approaches for a given proposition;
<nl>(E) demonstrate skills in selecting the most viable negative approaches to a 
given proposition from a variety of negative approaches; and
<nl>(F) demonstrate skills in constructing briefs.
<nl>(7) Presentation skills. The student shall be provided opportunities to:
<nl>(A) demonstrate effective use of verbal skills for speech presentation;
<nl>(B) demonstrate effective use of nonverbal skills for speech presentation;
<nl>(C) demonstrate effective communication skills in the presentation of 
speeches appropriate for the audience and debate format; and
<nl>(D) demonstrate appropriate extension of ethics and courtesy to the 
opponent(s) and the audience.
<nl>(8) Refutation skills. The student shall be provided opportunities to:
<nl>(A) demonstrate skills in the oral and/or written evaluation of arguments;
<nl>(B) demonstrate skills in listening to and flowing arguments in a debate;
<nl>(C) demonstrate effective refutation of arguments within the given debate 
format; and
<nl>(D) demonstrate the ability to extend cross-questioning into formal 
refutation.
<nl>(9) Evaluation skills. The student shall be provided opportunities to:
<nl>(A) demonstrate skills in evaluating case construction, refutation, and 
presentation of debate by classmates, public figures, and self; and
<nl>(B) demonstrate skill in presenting written and/or oral critiques of 
debates.
<nl>(ss) Public Speaking I, II, III (1/2-one unit). Essential elements for 
Public Speaking I, II, III as described in this subsection shall be effective 
September 1995. Public Speaking I, II, III shall provide a program that includes 
the following essential elements.
<nl>(1) A rhetorical perspective. The student shall be provided opportunities 
to:
<nl>(A) demonstrate awareness of the role of classical rhetoric in shaping 
Western thought;
<nl>(B) demonstrate awareness of the roles of the classical canons of invention, 
organization, style, memory, and delivery in public speaking;
<nl>(C) demonstrate awareness of the impact of modern public address in swaying 
public opinion and bringing about change;
<nl>(D) demonstrate understanding of the concept of freedom of speech and the 
ethical responsibilities of the communicator in a democracy; and
<nl>(E) analyze outstanding models for public speeches throughout history.
<nl>(2) Speech form. The student shall be provided opportunities to:
<nl>(A) demonstrate understanding of the critical attributes of a speech given 
for informing;
<nl>(B) demonstrate understanding of the critical attributes of a variety of 
speeches given for the purpose of persuading, such as speeches to advance 
propositions of fact, value, problem, and policy; and
<nl>(C) demonstrate understanding of the critical attributes of speeches given 
for special occasions such as after-dinner speeches, graduation speeches, 
acceptance speeches, inaugural addresses, eulogies, and/or keynote speeches.
<nl>(3) Planning a speech. The student shall be provided opportunities to:
<nl>(A) demonstrate use of effective criteria for selecting and limiting topics 
for speeches;
<nl>(B) demonstrate use of effective criteria for selecting purposes for 
speeches;
<nl>(C) demonstrate proficiency in conducting research through the use of a 
variety of primary and secondary sources; and
<nl>(D) demonstrate proficiency in evaluating speakers' choices of topics, 
purposes, and supporting data through the analysis of written and oral models of 
contemporary speeches.
<nl>(4) Organizing a speech. The students shall be given opportunities to:
<nl>(A) demonstrate proficiency in choosing an appropriate pattern of 
organization to support the chosen topic and purpose of a speech;
<nl>(B) demonstrate proficiency in preparing an outline consisting of an 
introduction, transitions, body, and a conclusion reflecting the chosen pattern 
of organization; and
<nl>(C) evaluate the organization of speeches through the analysis of written 
and oral models of contemporary speeches.
<nl>(5) Using supporting and amplifying devices. The students shall be given 
opportunities to:
<nl>(A) demonstrate proficiency in the use of ethical criteria for choosing 
supporting and amplifying devices and emotional and value appeals;
<nl>(B) demonstrate proficiency in choosing proofs which meet standard tests of 
evidence;
<nl>(C) demonstrate proficiency in choosing logical, ethical, emotional, and 
value proofs and appeals that enhance the speaker's topic and purpose and tone;
<nl>(D) demonstrate proficiency in the selection of appropriate devices for 
introductions and conclusions; and
<nl>(E) evaluate speakers' choices of supporting and amplifying devices through 
the analysis of written and oral models of contemporary speeches.
<nl>(6) Writing a speech. The student shall be provided opportunities to:
<nl>(A) demonstrate proficiency in choosing appropriate language strategies to 
achieve clarity, force, and aesthetic effect and to enhance the subject, 
purpose, appeal, and tone of the speech;
<nl>(B) demonstrate proficiency in the use of appropriate rhetorical and 
stylistic devices; and
<nl>(C) evaluate speakers' choices of language strategies, rhetorical devices, 
and stylistic devices through the analysis of written and oral models of 
contemporary speeches.
<nl>(7) Rehearsing and presenting a speech. The student shall be provided 
opportunities to:
<nl>(A) demonstrate proficiency in using effective rehearsal strategies to 
reduce communication apprehension, develop self-confidence, and facilitate 
command of information and ideas;
<nl>(B) demonstrate proficiency in using effective rehearsal strategies to 
accommodate a variety of types of delivery;
<nl>(C) demonstrate proficiency in using effective rehearsal strategies to 
develop effective verbal, vocal, and physical skills for delivering speeches;
<nl>(D) demonstrate proficiency in using effective rehearsal strategies to 
promote the effective use of notes, manuscripts, podium, microphone, visual 
aids, and/or electronic devices;
<nl>(E) demonstrate proficiency in making original speeches which indicate the 
use of effective choices of topic and purpose, appropriate organization, 
effective use of proofs and appeals, effective language choices, and skills 
gained in rehearsal;
<nl>(F) demonstrate proficiency in communicating a clear sense of purpose and 
maintaining a lively sense of interaction with an audience; and
<nl>(G) participate in cooperative activities with classmates to build and 
enhance presentation skills.
<nl>(8) Evaluating a speech. The student shall be provided opportunities to:
<nl>(A) demonstrate proficiency in critical listening by presenting an oral 
and/or written analysis of oral presentations heard in class, in public, or 
through the use of audio or video recordings or film; and
<nl>(B) demonstrate proficiency in rhetorical analysis through oral and/or 
written critiques of written models of public speeches.
<nl>(tt) English as a Second Language I, II, III, Grades 9-12, (1/2-one unit). 
Essential elements for English as a Second Language I, II, III as described in 
this subsection shall be effective September 1992. English as a Second Language 
I, II, III shall include the following essential elements which include 
recursive processes as well as products within integrated strands. The student 
shall develop an awareness of similarities and differences between first 
language and English.
<nl>(1) Integrated listening and speaking behaviors to receive and produce 
meaning. The student shall be presented opportunities to:
<nl>(A)  listen attentively in different settings for a variety of purposes:
<nl>(i)<nl> focus attention on and listen to both adult and peer speakers during 
large and small group interactions;
<nl>(ii)<nl> listen to receive direction, gain information, and enhance 
appreciation of language in a variety of situations including content area 
(e.g., mathematics, science, social studies);
<nl>(iii)<nl> respond to a speaker by retelling what was heard, by asking 
questions, and/or by contributing information; and
<nl>(iv)<nl> analyze and evaluate the intent and content of the speaker's 
message;
<nl>(B) speak fluently in different settings for a variety of purposes and 
audiences:
<nl>(i)<nl> speak clearly and at an appropriate rate;
<nl>(ii)<nl> use a variety of words to convey meaning;
<nl>(iii)<nl> express personal ideas, feelings, and experiences;
<nl>(iv)<nl> entertain others with stories, poems, and dramatic activities;
<nl>(v)<nl> give directions;
<nl>(vi)<nl> share information;
<nl>(vii)<nl> persuade others using language appropriate to the listener; and
<nl>(viii)<nl> develop skill in using the conventions of English to produce 
effective oral communication.
<nl>(2) Integrated writing and language concepts and skills, using written and 
oral composing processes to plan and generate both oral and written compositions 
for a variety of purposes and in a variety of modes. The student shall be 
provided opportunities to:
<nl>(A)  prewrite and plan for specific purposes and modes, using material from 
sources such as personal experience and literature and using idea-generating 
strategies including conferencing where appropriate;
<nl>(B) draft compositions for specific audiences and purposes in a variety of 
modes:
<nl>(i)<nl> write for expressive, informative, persuasive, and literary 
purposes;
<nl>(ii)<nl> use narrative, descriptive, classificatory, and evaluative modes; 
and
<nl>(iii)<nl> write paragraphs, multi-paragraph compositions, and compositions 
incorporating information from sources other than personal experience;
<nl>(C) revise compositions using self-assessment, peer interaction, 
conferences, and individualized techniques:
<nl>(i)<nl> evaluate content, organization, topic development, appropriate 
transition, clarity of language, and appropriate word and sentence variety 
according to the purpose and audience for which the piece is intended; and
<nl>(ii)<nl> proofread written work for effective use of parts of speech; 
conventional usage and syntax; conventional punctuation, capitalization, 
spelling, and manuscript form as well as legibility;
<nl>(D) choose appropriate words to convey intended meaning while recognizing 
the meanings and uses of colloquialism, slang, idiom, and jargon;
<nl>(E) share products of written composition in a variety of ways; and
<nl>(F) apply language concepts and skills in the context of oral composition.
<nl>(3) Integrated literature and reading concepts and skills. Using meaningful, 
culturally valuable pieces of literature, the student shall be provided 
opportunities to:
<nl>(A) understand and analyze the major differences among poems, short stories, 
plays, and nonfiction as the characteristics of each genre contribute to the 
meaning of the individual work;
<nl>(B) understand and analyze the basic sound devices and figurative language 
as they contribute to meaning;
<nl>(C) recognize cultural attitudes and customs in literary selections;
<nl>(D) broaden and deepen experience through imaginative and emotional 
engagement with literature;
<nl>(E) understand and analyze the elements of fiction as they contribute to 
meaning;
<nl>(F) participate in cooperative learning and a variety of oral activities to 
elicit meaning from literature;
<nl>(G) expand vocabulary through determining word meanings by context clues and 
using specialized dictionaries for determining meaning;
<nl>(H) use comprehension skills in oral and written context:
<nl>(i)<nl> identify the stated or implied main idea of a selection;
<nl>(ii)<nl> recognize relevant details;
<nl>(iii)<nl> identify the sequential order of events;
<nl>(iv)<nl> perceive cause and effect relationships;
<nl>(v)<nl> distinguish between fact and nonfact;
<nl>(vi)<nl> draw conclusions and make inferences (e.g., in determining 
characterization and theme); and
<nl>(vii)<nl> predict outcomes and future actions (e.g., in anticipating plot 
sequence);
<nl>(I) develop study skills:
<nl>(i)<nl> locate information using the format and organization of a book and 
appropriate reference material such as the dictionary, encyclopedia, almanac, 
and bibliographies; and
<nl>(ii)<nl> vary rate of reading according to purpose.
<nl>(4) Culture. Learning concepts that result in knowledge and awareness of the 
history and culture of another people with a range of situations. The student 
shall be provided opportunities to:
<nl>(A) learn the behaviors of the school culture;
<nl>(B) recognize and respect differences in behavior and expressions of other 
cultures;
<nl>(C) value one's own culture and heritage; and
<nl>(D) develop awareness of the relationships between language and culture.
sec.75.62. Other Languages.
(a)-(g) (No change.)
(h) American Sign Language <nl>Level I (one unit)<ol> [(1/2-two units)]. 
<nl>American Sign Language, Level I, shall include in a sequential program the 
following essential elements.
<nl>(1) Receptive signing. Skills and concepts that result in the understanding 
of most routine questions, statements, requests, and the gist of everyday 
conversations on nontechnical and familiar subjects. The student shall be 
provided opportunities to:
<nl>(A) discriminate signs in meaningful contexts;
<nl>(B) distinguish variations in signs and nonmanual communication;
<nl>(C) comprehend basic structures, expressions, and common vocabulary; and
<nl>(D) receive familiar signed material approximating correct expression and 
intent.
<nl>(2) Expressive signing. Skills and concepts that result in the ability to 
respond to most routine questions, statements, and requests; to communicate 
intelligibly and use vocabulary sufficient to express oneself simply; and to 
discuss situations relevant to everyday life. The student shall be provided 
opportunities to:
<nl>(A) reproduce signs and nonmanual communication in meaningful contexts;
<nl>(B) use words, phrases, or sentences as appropriate; and
<nl>(C) use expressions needed for daily life situations.
<nl>(3) Interactive communication. Skills and concepts that result in the 
ability to communicate in routine situations on a give-and-take basis. The 
student shall be provided opportunities to:
<nl>(A) express and receive signed information in a one-to-one situation; and
<nl>(B) express and receive signed information in a group setting.
<nl>(4) Culture. Concepts that result in knowledge and awareness of the history 
and culture of deaf people within a range of situations. The student shall be 
provided opportunities to:
<nl>(A) experience various aspects of the deaf culture; and
<nl>(B) understand that behavior is conditioned by culture.
<nl>(5) Language. Concepts that result in generalizations about how a language 
operates and skills that result in the application of the language learning 
process to the study of other languages. The student shall be provided 
opportunities to:
<nl>(A) recognize the interrelationship of languages;
<nl>(B) recognize the role of nonlinguistic elements in communication; and
<nl>(C) recognize errors as important in learning a language.
<nl>(i)<nl> American Sign Language Level II (one unit). American Sign Language, 
Level II, shall include in a sequential program the following essential 
elements.
<nl>(1) Receptive signing. Skills and concepts that result in the understanding 
of most routine questions, statements, requests, and the gist of everyday 
conversations on nontechnical subjects. The student shall be provided 
opportunities to:
<nl>(A) distinguish variations in signs and nonmanual communication;
<nl>(B) comprehend basic structures, expressions, and common vocabulary;
<nl>(C) comprehend short familiar passages;
<nl>(D) recognize familiar material in unfamiliar context; and
<nl>(E) understand unfamiliar material in context.
<nl>(2) Expressive signing. Skills and concepts that result in the ability to 
respond to most routine questions, statements, and requests; to speak 
intelligibly and use vocabulary sufficient to express oneself simply; and to 
discuss situations relevant to everyday life. The student shall be provided 
opportunities to:
<nl>(A) reproduce signs and nonmanual communication in meaningful contexts;
<nl>(B) use words, phrases, or sentences as appropriate;
<nl>(C) use expressions needed for daily life situations;
<nl>(D) retell familiar material; and
<nl>(E) use alternate means of communicating an idea.
<nl>(3) Interactive communication. Skills and concepts that result in the 
ability to communicate in routine situations on a give-and-take basis. The 
student shall be provided opportunities to:
<nl>(A) express and receive signed information in a one-to-one situation;
<nl>(B) express and receive signed information in a group setting; and
<nl>(C) express and receive signed information in a variety of situations.
<nl>(4) Culture. Concepts that result in knowledge and awareness of the history 
and culture of deaf people within a range of situations. The student shall be 
provided opportunities to:
<nl>(A) understand that behavior is conditioned by culture;
<nl>(B) become aware of the cultural connotations of common signs and phrases; 
and
<nl>(C) locate and organize cultural information.
<nl>(5) Language. Concepts that result in generalizations about how a language 
operates and skills that result in the application of the language learning 
process to the study of other languages. The student shall be provided 
opportunities to:
<nl>(A) recognize the interrelationship of languages, including other sign 
systems;
<nl>(B) recognize that some language features are unique;
<nl>(C) recognize errors as important in learning a language; and
<nl>(D) develop language learning techniques.
sec.75.63. Mathematics.
(a)-(b) (No change.)
(c) Pre-algebra (one unit). <nl>Essential elements described in this subsection 
for pre-algebra shall be superseded by the essential elements described in 
subsection (y) of this section effective September 1992. <ol>Pre-algebra shall 
include the following essential elements.
(1)-(6) (No change.)
(d) Informal geometry (one unit). <nl>Essential elements described in this 
subsection for informal geometry shall be superseded by the essential elements 
described in subsection (w) of this section effective September 1992. 
<ol>Informal geometry shall include the following essential elements.
(1)-(10) (No change.)
(e) Algebra I (one unit). Algebra I shall include the following essential 
elements.
<nl>(1) Comparison of the real number system and its various subsystems in terms 
of structural characteristics including operations. The student shall be 
provided opportunities to:
<nl>(A) classify real numbers as members of the appropriate subset of real 
numbers;
<nl>(B) identify and use properties of the real numbers;
<nl>(C) investigate the density property of real numbers: that between every two 
real numbers there exists another real number;
<nl>(D) investigate the order of operations;
<nl>(E) evaluate monomials with integral exponents; and
<nl>(F) compare algebraic and geometric definitions of absolute value.
<nl>(2) Algebraic representation, solution, and evaluation of problem 
situations. The student shall be provided opportunities to:
<nl>(A) write and evaluate linear expressions from verbal descriptions;
<nl>(B) use the properties of equality or models to explain and justify the 
equation-solving process;
<nl>(C) determine the solution to problem situations by writing and solving 
linear one-variable equations and inequalities;
<nl>(D) make a convincing informal argument, orally or in writing, justifying 
the solution to a problem situation;
<nl>(E) solve literal equations for a specified linear variable;
<nl>(F) solve systems of equations using linear combinations and substitution as 
appropriate;
<nl>(G) use systems of equations in applications and problem-solving situations; 
and
<nl>(H) solve absolute value equations and inequalities.
<nl>(3) Graphing as a tool to interpret linear relations, functions, and 
inequalities. The student shall be provided opportunities to:
<nl>(A) investigate and compare the properties of relations and functions;
<nl>(B) describe the domains and ranges of various functions and relations;
<nl>(C) identify the relationships among a linear equation, a set of ordered 
pairs of numbers, and a set of points on a coordinate plane;
<nl>(D) explore the concepts of slope and intercept by changing the parameters 
of a linear equation;
<nl>(E) graph a line given characteristics such as two points, one point and 
slope, table, etc.;
<nl>(F) graph a line from its equation in point-slope, general, slope-intercept, 
or nonstandard forms;
<nl>(G) design a statistical experiment to study a problem, recording the 
results using techniques such as scatter plots, and communicating the outcomes;
<nl>(H) write an equation of a line given its graph or description;
<nl>(I) use linear equations as models of real-world problem situations;
<nl>(J) make predictions from scatter plots that fit linear models;
<nl>(K) solve systems of linear equations;
<nl>(L) graph linear inequalities with two variables;
<nl>(M) graph systems of inequalities; and
<nl>(N) explore the relationship between the graph of an absolute value function 
such as y = |AX + B| + C and the parameters A, B, and C, using computer graphing 
techniques.
<nl>(4) Quadratic equations. The student shall be provided opportunities to:
<nl>(A) evaluate quadratic functions for one and for many values of the 
variable, using a computer or calculator where appropriate;
<nl>(B) explore the effects of simple parameter changes on the graphs of 
quadratic relations, using computer graphing techniques where appropriate;
<nl>(C) obtain decimal approximations for the solutions of quadratic equations, 
using the quadratic formula and a calculator; and
<nl>(D) use quadratic equations to make predictions in problem situations.
<nl>(5) Polynomials. The student shall be provided opportunities to:
<nl>(A) use the definition of polynomial to distinguish between expressions that 
are polynomials and expressions that are not;
<nl>(B) classify polynomials by degree and number of terms;
<nl>(C) add, subtract, multiply, and divide polynomials, using concrete models 
where appropriate;
<nl>(D) apply the laws of exponents to include zero and negative integral 
exponents; and
<nl>(E) factor simple polynomials using concrete models where appropriate.
<nl>(6) Rational expressions. The student shall be provided opportunities to:
<nl>(A) evaluate rational expressions, avoiding division by zero;
<nl>(B) apply operations on simple rational expressions (linear or monomial 
numerators and denominators only);
<nl>(C) solve rational equations with linear numerators and denominators;
<nl>(D) solve problem situations using ratio and proportion;
<nl>(E) use the definition of probability as a ratio of numbers of outcomes to 
solve problems involving uncertainty;
<nl>(F) apply the concept of dimensional analysis (carrying units throughout a 
computation) in problem situations, to determine appropriate units for 
denominate numbers; and
<nl>(G) perform operations on numbers in scientific notation, both mentally and 
by calculator, and use these numbers in problem situations.
<nl>(7) Properties of and operations with square roots. The student shall be 
provided opportunities to:
<nl>(A) use the calculator to approximate numeric radical expressions involving 
square roots;
<nl>(B) simplify algebraic radical expressions involving square roots;
<nl>(C) add, subtract, multiply, and divide numeric and algebraic radical 
expressions involving square roots;
<nl>(D) solve simple radical equations involving square roots; and
<nl>(E) use the Pythagorean Theorem in problem situations.
[(1) Concepts and skills involving operations with real numbers and properties 
of real numbers. The student shall be provided opportunities to:
[(A) classify real numbers as integral, rational, or irrational;
[(B) define and use the properties of the real numbers;
[(C) graph real numbers;
[(D) use the order of operations including addition, subtraction, 
multiplication, and division; and
[(E) find absolute value, exponents, additive and multiplicative inverses.
[(2) Linear equations and inequalities in one variable. The student shall be 
provided opportunities to:
[(A) solve equations;
[(B) solve inequalities;
[(C) graph equations and inequalities;
[(D) solve equations and inequalities involving absolute value;
[(E) use equations and inequalities in applications and problem-solving 
situations; and
[(F) use formulas to solve problems.
[(3) Linear equations and inequalities in two variables. The student shall be 
provided opportunities to:
[(A) solve equations and formulas in two variables;
[(B) find intercepts and slope to graph equations;
[(C) identify and graph functions;
[(D) find the equation of a line;
[(E) use the graphing, addition, and substitution methods of solving a system of 
equations;
[(F) graph systems of inequalities; and
[(G) use equations and inequalities in applications and problem-solving 
situations.
[(4) Concepts and skills associated with polynomials. The student shall be 
provided opportunities to:
[(A) add, subtract, multiply, and divide polynomials; and
[(B) factor polynomials.
[(5) Concepts and skills associated with rational expressions. The student shall 
be provided opportunities to:
[(A) simplify rational expressions;
[(B) solve problems using ratio and proportion; and
[(C) add, subtract, multiply, and divide rational expressions.
[(6) Properties of roots and operations with radicals. The student shall be 
provided opportunities to:
[(A) find square roots;
[(B) add, subtract, multiply, and divide square roots;
[(C) simplify radicals; and
[(D) solve simple radical equations.
[(7) Concepts and skills associated with quadratic equations. The student shall 
be provided opportunities to:
[(A) graph quadratic equations and functions;
[(B) solve quadratic equations by using square roots, graphing, factoring, 
completing the square, and using the quadratic formula; and
[(C) apply quadratic equations.]
(f) Algebra II (one unit). Algebra II shall include the following essential 
elements.
<nl>(1) Development of mathematical structure. The student shall be provided 
opportunities to:
<nl>(A) compare and contrast the real number system and its various subsystems 
in terms of structural characteristics;
<nl>(B) investigate examples and nonexamples of fields using the real number 
system and its various finite and infinite subsystems; and
<nl>(C) develop the complex number system and its operations.
<nl>(2) Quadratic functions. The student shall be provided opportunities to:
<nl>(A) solve quadratic equations by completing the square;
<nl>(B) develop and apply the quadratic formula;
<nl>(C) find a quadratic equation given its roots;
<nl>(D) explore the effects of simple parameter changes on the graph of a 
quadratic function, using computer graphing techniques where appropriate;
<nl>(E) use characteristics of a quadratic function to sketch the related curve;
<nl>(F) determine the equation of quadratic functions from their graphs; and
<nl>(G) use quadratic functions as models in real-world problem situations.
<nl>(3) Quadratic relations. The student shall be provided opportunities to:
<nl>(A) explore the graphs of algebraic representations of conic sections and 
make generalizations that allow classification of these algebraic 
representations as circles, ellipses, hyperbolas, or parabolas, using 
calculators or computers where appropriate;
<nl>(B) verify graphs of conic sections using computer graphing techniques where 
appropriate;
<nl>(C) use characteristics of conic sections to sketch the related curves;
<nl>(D) determine equations of conic sections from their graphs; and
<nl>(E) use quadratic relations as models in real-world problem situations.
<nl>(4) Systems of equations. The student shall be provided opportunities to:
<nl>(A) use the linear combination (addition-subtraction) method to solve 
systems of three linear equations in three variables;
<nl>(B) use augmented matrices by hand or by computer to solve two- or three-
variable linear systems;
<nl>(C) apply linear programming techniques to model and solve real-world 
situations, using the computer or calculator, where appropriate; and
<nl>(D) solve quadratic-quadratic and quadratic-linear systems, and confirm the 
solution by computer graphing techniques.
<nl>(5) Numerical methods and higher degree polynomials. The student shall be 
provided opportunities to:
<nl>(A) use successive approximations on the calculator or computer to solve 
higher degree equations;
<nl>(B) apply synthetic substitution to find functional values of higher degree 
polynomials;
<nl>(C) use the Fundamental Theorem of Algebra and the Factor Theorem to factor 
higher degree polynomials;
<nl>(D) graph higher degree polynomial functions using computer graphing 
techniques;
<nl>(E) solve higher degree polynomial equations using computer graphing 
techniques; and
<nl>(F) use an iterative process (algebraic or geometric) to approximate 
irrational roots of higher degree functions.
<nl>(6) Exponential and logarithmic functions. The student shall be provided 
opportunities to:
<nl>(A) investigate the concept of nth root and convert between exponential and 
radical forms of an expression;
<nl>(B) extend the properties of exponents to include rational exponents;
<nl>(C) investigate exponential functions and their inverses to develop the 
definition of logarithm;
<nl>(D) explore the graphs of exponential and logarithmic functions using 
computer graphing techniques;
<nl>(E) convert between logarithmic and exponential forms of an equation;
<nl>(F) apply properties of logarithms to solve equations; and
<nl>(G) apply logarithmic and exponential functions in problem situations using 
the computer or calculator.
<nl>(7) Rational algebraic functions. The student shall be provided 
opportunities to:
<nl>(A) simplify complex fractions;
<nl>(B) graph rational algebraic functions (using computer graphing techniques 
where appropriate) to develop an intuitive understanding of the concept of 
limit; and
<nl>(C) use direct and inverse variation functions as models to make predictions 
in real-world situations.
<nl>(8) Sequences and series. The student shall be provided opportunities to:
<nl>(A) investigate patterns in given sequences and use the patterns or 
recursive or generator formulas to find additional terms;
<nl>(B) investigate and graph geometric and arithmetic sequences;
<nl>(C) find the nth partial sum of geometric or arithmetic series and find n 
given the nth term or partial sum;
<nl>(D) investigate convergent geometric series;
<nl>(E) use sequences and series as models in real-world problem situations;
<nl>(F) use the Binomial Theorem to expand powers of binomial expressions; and
<nl>(G) solve enumeration problems involving permutations and combinations.
<nl>(9) Data handling and analysis. The student shall be provided opportunities 
to:
<nl>(A) recognize the importance of unbiased sampling and valid reasoning in 
statistical arguments;
<nl>(B) select an appropriate sampling method for a given real-world problem 
situation;
<nl>(C) interpret probabilities relative to the normal distribution;
<nl>(D) design a simple statistical experiment to test a hypothesis generated by 
a real-world problem situation and interpret the results; and
<nl>(E) use computer simulation methods to represent and solve problem 
situations involving uncertainty.
[(1) Concepts and skills associated with open sentences. The student shall be 
provided opportunities to:
[(A) solve open sentences in one variable; and
[(B) solve systems of linear open sentences.
[(2) Properties of relations and functions. The student shall be provided 
opportunities to:
[(A) investigate relations and their graphs;
[(B) find inverse relations;
[(C) investigate properties of functions;
[(D) find the domain and range of a function;
[(E) perform composition of functions; and
[(F) use direct and inverse variation.
[(3) Properties of the complex number system. The student shall be provided 
opportunities to:
[(A) define a complex number, its additive inverse, conjugate, and absolute 
value; and
[(B) add, subtract, multiply, and divide complex numbers.
[(4) Concepts and skills associated with polynomials and rational expressions. 
The student shall be provided opportunities to:
[(A) factor expressions over the set of real numbers;
[(B) simplify rational expressions;
[(C) perform operations of addition, subtraction, multiplication, and division 
involving rational expressions; and
[(D) simplify complex fractions.
[(5) Properties of points and planes in space. The student shall be provided 
opportunities to:
[(A) use coordinate geometry; and
[(B) find the distance between points in a plane and find the midpoints of 
segments.
[(6) Concepts and skills associated with matrices and determinants. The student 
shall be provided opportunities to:
[(A) add and multiply matrices;
[(B) solve systems of equations using determinants and matrices; and
[(C) use determinants or matrices to solve problem situations.
[(7) Concepts and skills associated with quadratic functions. The student shall 
be provided opportunities to:
[(A) develop and use the quadratic formula;
[(B) find discriminants and zeros of quadratic functions;
[(C) write quadratic equations from roots; and
[(D) draw graphs using the vertex and axis of symmetry.
[(8) Concepts and skills relating to conic sections and systems of quadratics. 
The student shall be provided opportunities to:
[(A) graph equations of circles, ellipses, parabolas, and hyperbolas;
[(B) write the equation of a parabola and a circle from the definitions;
[(C) identify conic equations;
[(D) graph quadratic systems and indicate solution sets; and
[(E) solve systems algebraically.
[(9) Concepts and skills relating to exponential and logarithmic functions. The 
student shall be provided opportunities to:
[(A) graph functions and inverses;
[(B) change equations from logarithmic to exponential form and conversely;
[(C) solve logarithmic and exponential equations; and
[(D) solve problems using logarithmic and exponential equations.
[(10) Concepts and skills relating to higher degree polynomial functions. The 
student shall be provided opportunities to:
[(A) use synthetic division;
[(B) apply the Fundamental Theorem of Algebra;
[(C) use the Rational Root Theorem; and
[(D) graph higher degree polynomial functions with real roots.
[(11) Concepts and properties of sequences and series. The student shall be 
provided opportunities to:
[(A) investigate arithmetic and geometric sequences;
[(B) find arithmetic and geometric means;
[(C) investigate arithmetic and geometric series;
[(D) investigate convergent geometric series;
[(E) use sequences and series as models of problem situations;
[(F) use factorials;
[(G) expand binomial powers; and
[(H) use the Binomial Theorem.]
(g) Geometry (one unit). Geometry shall include the following essential 
elements.
<nl>(1) Axiomatic systems. The student shall be provided opportunities to:
<nl>(A) distinguish intuitively between the concepts of validity of an argument 
and truth of a statement;
<nl>(B) distinguish between inductive and deductive reasoning;
<nl>(C) use conditional statements in logical arguments;
<nl>(D) investigate the relationship among a conditional statement and its 
converse, inverse, and contrapositive;
<nl>(E) identify patterns of inference that produce valid conclusions and apply 
in real-world situations;
<nl>(F) apply logical arguments to geometric problem situations; and
<nl>(G) explore Euclidian geometry as an axiomatic system (undefined terms, 
defined terms, postulates, and theorems).
<nl>(2) Lines, segments, and angles. The student shall be provided opportunities 
to:
<nl>(A) use a coordinate approach to:
<nl>(i)<nl> develop distance, midpoint, and betweenness properties;
<nl>(ii)<nl> investigate slopes of parallel and perpendicular lines using 
computer graphing techniques; and
<nl>(iii)<nl> write equations for lines given prescribed geometric conditions 
(locus);
<nl>(B) use a synthetic approach to:
<nl>(i)<nl> construct figures using a computer where appropriate;
<nl>(ii)<nl> make a convincing informal argument, orally or in writing, to 
justify angle relationships such as vertical, supplementary, complementary, 
congruent, and angles formed by transversals; and
<nl>(iii)<nl> write formal proofs related to parallel lines;
<nl>(C) use a vector approach to:
<nl>(i)<nl> determine whether two line segments are parallel; and
<nl>(ii)<nl> determine whether two line segments are perpendicular;
<nl>(D) solve real-world problems involving lines, segments, and angles.
<nl>(3) Triangles. The student shall be provided opportunities to:
<nl>(A) use a coordinate approach to:
<nl>(i)<nl> investigate specific examples of properties of segments associated 
with triangles (altitudes, medians, perpendicular bisectors, angle bisectors, 
etc.);
<nl>(ii)<nl> make generalizations inductively about these properties; and
<nl>(iii)<nl> make a convincing informal argument orally or in writing to 
validate these generalizations;
<nl>(B) use a transformational approach to:
<nl>(i)<nl> express translations, rotations, reflections, and dilations as 
functions; and
<nl>(ii)<nl> explore congruence and similarity through transformations;
<nl>(C) use a synthetic approach to:
<nl>(i)<nl> discover triangle congruence postulates through construction;
<nl>(ii)<nl> use triangle congruence propositions in proofs;
<nl>(iii)<nl> explore triangle similarity postulates and proportionality of 
associated linear measures (sides, altitudes, medians, angle bisectors, 
perimeters, etc.);
<nl>(iv)<nl> compare various proofs of the Pythagorean Theorem;
<nl>(v)<nl> investigate special right triangles;
<nl>(vi)<nl> develop trigonometric functions using the right triangle (sin, cos, 
tan);
<nl>(vii)<nl> use theorems related to angle measures of triangles in formal 
proofs; and
<nl>(viii)<nl> investigate triangle inequalities;
<nl>(D) solve real-world problems involving triangles.
<nl>(4) Other polygons. The student shall be provided opportunities to:
<nl>(A) use a coordinate approach to:
<nl>(i)<nl> explore specific examples of properties of quadrilaterals;
<nl>(ii)<nl> make generalizations inductively for these properties; and
<nl>(iii)<nl> make a convincing informal argument orally or in writing to 
validate these generalizations;
<nl>(B) use a transformational approach to:
<nl>(i)<nl> explore symmetry of polygons; and
<nl>(ii)<nl> generalize concepts of congruence and similarity;
<nl>(C) use a synthetic approach to:
<nl>(i)<nl> prove properties of quadrilaterals;
<nl>(ii)<nl> use properties of quadrilaterals in proofs;
<nl>(iii)<nl> explore specific examples of functional angle relationships in 
polygons, including regular polygons;
<nl>(iv)<nl> make generalizations inductively about these relationships; and
<nl>(v)<nl> make a convincing informal argument orally or in writing to validate 
these functional relationships;
<nl>(D) Solve real-world problems involving polygons.
<nl>(5) Circles. The student shall be provided opportunities to:
<nl>(A) use a coordinate approach to graph equations and circles:
<nl>(i)<nl> use the distance formula to develop the equations for circles; and
<nl>(ii)<nl> graph equations of circles;
<nl>(B) use a synthetic approach to:
<nl>(i)<nl> investigate lines, segments, and angles related to circles;
<nl>(ii)<nl> investigate inscribed and circumscribed circles using a computer; 
and
<nl>(iii)<nl> solve geometric problems involving segments and angles related to 
circles;
<nl>(C) solve real-world problems involving circles.
<nl>(6) Solid geometry. The student shall be provided opportunities to:
<nl>(A) use a synthetic approach to:
<nl>(i)<nl> investigate properties of polyhedra using concrete models (and 
computers where possible);
<nl>(ii)<nl> investigate properties of cylinders, cones, and spheres using 
concrete models (and computers where possible);
<nl>(iii)<nl> draw three-dimensional figures (using computers where possible); 
and
<nl>(iv)<nl> build three-dimensional models;
<nl>(B) use a transformational approach to explore symmetry of polyhedra and 
spheres in space; and
<nl>(C) solve real-world problems involving three-dimensional figures.
<nl>(7) Measurement. The student shall be provided opportunities to:
<nl>(A) use a transformational approach to:
<nl>(i)<nl> explore distance and area as invariant conditions under 
translations, rotations, and reflections;
<nl>(ii)<nl> explore the ratio of distances as an invariant condition under 
dilations; and
<nl>(iii)<nl> explore angle measure as an invariant condition under 
translations, rotations, reflections, and dilations;
<nl>(B) use a synthetic approach to:
<nl>(i)<nl> make a convincing informal argument (using models and computers 
where possible) to validate area and volume formulas;
<nl>(ii)<nl> investigate the circumference and area of a circle as the limits of 
perimeters and areas of inscribed regular polygons;
<nl>(iii)<nl> use ratio to investigate arc length and areas of sectors of 
circles; and
<nl>(iv)<nl> investigate the proportional relationships among linear measures, 
areas, and volumes in similar figures;
<nl>(C) solve real-world problems involving measurement.
[(1) The nature of deductive reasoning. The student shall be provided 
opportunities to:
[(A) draw conclusions;
[(B) use logic;
[(C) use undefined terms and definitions;
[(D) use direct proof; and
[(E) use indirect proof.
[(2) Geometry of the real world. The student shall be provided opportunities to:
[(A) find properties of geometric figures;
[(B) understand symmetry; and
[(C) find area and volume.
[(3) Fundamental ideas: lines and angles. The student shall be provided 
opportunities to:
[(A) determine distance and betweenness; and
[(B) measure angles.
[(4) Some basic postulates and theorems. The student shall be provided 
opportunities to:
[(A) investigate postulates of equality;
[(B) use bisection theorems;
[(C) understand angle relationships;
[(D) use right angle theorems; and
[(E) prove theorems.
[(5) Congruent triangles. The student shall be provided opportunities to:
[(A) use congruence postulates;
[(B) prove triangle congruence; and
[(C) perform straightedge and compass constructions.
[(6) Transformations. The student shall be provided opportunities to study 
reflections, translations, and rotations.
[(7) Inequalities. The student shall be provided opportunities to use:
[(A) postulates of inequality;
[(B) the exterior angle theorem;
[(C) triangle side and angle inequalities; and
[(D) the triangle inequality theorem.
[(8) Parallel lines. The student shall be provided opportunities to:
[(A) find parallel and perpendicular lines;
[(B) use the parallel postulate; and
[(C) identify angles related to parallel lines.
[(9) Quadrilaterals. The student shall be provided opportunities to:
[(A) understand classifications and definitions;
[(B) use properties of the parallelogram, rhombus, rectangle, square, and 
trapezoid; and
[(C) prove theorems.
[(10) Area. The student shall be provided opportunities to:
[(A) find the area of polygonal regions; and
[(B) apply Heron's Theorem.
[(11) Similarity. The student shall be provided opportunities to:
[(A) use ratio and proportion;
[(B) work with similar triangles;
[(C) find proportional line segments;
[(D) use the angle bisector theorem; and
[(E) find perimeters of similar triangles.
[(12) The right angle. The student shall be provided opportunities to:
[(A) understand proportions of right triangles;
[(B) use the Pythagorean theorem; and
[(C) investigate special right triangles (30 272>, 60 272>, isosceles).
[(13) Coordinate geometry. The student shall be provided opportunities to:
[(A) use Cartesian coordinates;
[(B) define and apply locus theorems;
[(C) define the straight line;
[(D) graph the straight line; and
[(E) find distances.
[(14) Circles. The student shall be provided opportunities to:
[(A) investigate segments related to circles;
[(B) understand angles of a circle; and
[(C) investigate inscribed and circumscribed circles.
[(15) Regular polygons and the circle. The student shall be provided 
opportunities to:
[(A) use related theorems;
[(B) find perimeter of regular polygons;
[(C) find area of regular polygons;
[(D) find circumference and area of a circle; and
[(E) investigate sectors and arcs.
[(16) Geometric solids. The student shall be provided opportunities to:
[(A) investigate lines and planes in space;
[(B) investigate polyhedrons, prisms, and spheres;
[(C) find surface area and volume of prisms and cylinders; and
[(D) find surface area and volume of pyramids, cones, and spheres.]
(h) Trigonometry (1/2 unit). Trigonometry shall include the following essential 
elements.
<nl>(1) Circular/trigonometric functions. The student shall be provided 
opportunities to:
<nl>(A) explore periodic real-world phenomena;
<nl>(B) apply definitions of sine, cosine, tangent, secant, cosecant, and 
cotangent functions;
<nl>(C) analyze the interrelationship between circular and trigonometric 
representations of functions;
<nl>(D) find exact values of special cases of trigonometric functions; and
<nl>(E) find approximate values of trigonometric functions using the computer or 
calculator.
<nl>(2) Graphs of circular/trigonometric functions. The student shall be 
provided opportunities to:
<nl>(A) investigate the effects of the parameters in the equation on the graph 
of a trigonometric function;
<nl>(B) use these generalizations to sketch circular/trigonometric functions;
<nl>(C) verify sketched graphs of trigonometric functions using computer 
graphics;
<nl>(D) write the equation given the graph of a trigonometric function; and
<nl>(E) use circular functions that model real-world phenomena to solve 
problems.
<nl>(3) Properties of circular/trigonometric functions and their inverses. The 
student shall be provided opportunities to:
<nl>(A) use trigonometric properties, including those involving functions of 
more than one argument, to transform a trigonometric expression to another 
equivalent form;
<nl>(B) verify trigonometric identities using computer graphics;
<nl>(C) investigate the properties of inverse functions and relations;
<nl>(D) analyze the interrelationship between circular/trigonometric functions 
and their inverses;
<nl>(E) solve trigonometric equations, and verify by accurate graphing; and
<nl>(F) use inverses of trigonometric functions that model real-world phenomena 
to solve problems.
<nl>(4) Triangle problems. The student shall be provided opportunities to:
<nl>(A) solve right triangle problems that model real-world situations;
<nl>(B) find the area of a triangle by trigonometric techniques;
<nl>(C) derive the Law of Sines and the Law of Cosines and apply these laws to 
problem situations; and
<nl>(D) use vectors to solve real-world problems.
<nl>(5) Applications of trigonometry to other areas of mathematics. The student 
shall be provided opportunities to:
<nl>(A) analyze the connection between circular/trigonometric functions and 
polar coordinates;
<nl>(B) analyze the connection between circular/trigonometric functions and 
complex numbers; and
<nl>(C) analyze the connection between circular/trigonometric functions and 
series.
[(1) Trigonometric functions. The student shall be provided opportunities to:
<nl>(A) understand relations and functions;
<nl>(B) define the sine, cosine, tangent, secant, cosecant, and cotangent 
functions;
<nl>(C) find values of the trigonometric functions; and
<nl>(D) solve right triangle problems.
[(2) Properties of trigonometric and circular functions. The student shall be 
provided opportunities to:
[(A) graph functions;
[(B) use radian measure; and
[(C) use periodic motion.
[(3) Applications of trigonometric and circular functions. The student shall be 
provided opportunities to:
[(A) understand the reciprocal, the quotient, and the Pythagorean properties;
[(B) use trigonometric identities; and
<nl>(C) solve trigonometric equations.
[(4) Inverses of trigonometric and circular functions. The student shall be 
provided opportunities to:
[(A) graph inverse functions; and
[(B) investigate properties of inverse functions.
[(5) Triangle problems. The student shall be provided opportunities to use:
[(A) the law of cosines;
[(B) the law of sines; and
[(C) vectors.
[(6) Application of trigonometric and circular functions. The student shall be 
provided opportunities to use:
[(A) polar coordinates;
[(B) complex numbers;
[(C) power series; and
[(D) hyperbolic functions.]
(i) Elementary analysis (1/2 unit). <nl>Essential elements described in this 
subsection for elementary analysis shall be superseded by the essential elements 
described in subsection (z) of this section effective September 1994. 
<ol>Elementary analysis shall include the following essential elements.
<nl>(1)-(6) (No change.)
(j) Analytic geometry (1/2 unit). <nl>Essential elements described in this 
subsection for analytic geometry shall be superseded by the essential elements 
described in subsection (aa) of this section effective September 1994. 
<ol>Analytic geometry shall include the following essential elements.
(1)-(6) (No change.)
(k) Precalculus (1/2-one unit). <nl>Essential elements described in this 
subsection for precalculus shall be superseded by the essential elements 
described in subsection (bb) of this section effective September 1994. 
<ol>Precalculus shall include the following essential elements.
(1)-(10) (No change.)
(l) Mathematics of consumer economics (1/2-one unit). <nl>Essential elements 
described in this subsection for mathematics of consumer economics shall be 
superseded by the essential elements described in subsection (x) of this section 
effective September 1992. (The mathematics of money course will replace the 
mathematics of consumer economics course.) <ol>Mathematics of consumer economics 
shall include the following essential elements.
(1)-(4) (No change.)
(m)-(o) (No change.)
(p) Calculus (1/2-one unit). <nl>Essential elements described in this subsection 
for calculus shall be superseded by the essential elements described in 
subsection (ee) of this section effective September 1995. <ol>Calculus shall 
include the following essential elements:
(1)-(5) (No change.)
(q)-(v) (No change.)
[(w) Algebra I (one unit). Essential elements for Algebra I as described in this 
subsection shall be effective September 1990. Algebra I shall include the 
following essential elements.
[(1) Comparison of the real number system and its various subsystems in terms of 
structural characteristics including operations. The student shall be provided 
opportunities to:
[(A) classify real numbers as members of the appropriate subset of real numbers;
[(B) identify and use properties of the real numbers;
[(C) investigate the density property of real numbers: that between every two 
real numbers there exists another real number;
[(D) investigate the order of operations;
[(E) evaluate monomials with integral exponents; and
[(F) compare algebraic and geometric definitions of absolute value.
[(2) Algebraic representation, solution, and evaluation of problem situations. 
The student shall be provided opportunities to:
[(A) write and evaluate linear expressions from verbal descriptions;
[(B) use the properties of equality or models to explain and justify the 
equation-solving process;
[(C) determine the solution to problem situations by writing and solving linear 
one-variable equations and inequalities;
[(D) make a convincing informal argument, orally or in writing, justifying the 
solution to a problem situation;
[(E) solve literal equations for a specified linear variable;
[(F) solve systems of equations using linear combinations and substitution as 
appropriate;
[(G) use systems of equations in applications and problem-solving situations; 
and
[(H) solve absolute value equations and inequalities.
[(3) Graphing as a tool to interpret linear relations, functions, and 
inequalities. The student shall be provided opportunities to:
[(A) investigate and compare the properties of relations and functions;
[(B) describe the domains and ranges of various functions and relations;
[(C) identify the relationships among a linear equation, a set of ordered pairs 
of numbers, and a set of points on a coordinate plane;
[(D) explore the concepts of slope and intercept by changing the parameters of a 
linear equation;
[(E) graph a line given characteristics such as two points, one point and slope, 
table, etc.;
[(F) graph a line from its equation in point-slope, general, slope-intercept, or 
nonstandard forms;
[(G) design a statistical experiment to study a problem, recording the results 
using techniques such as scatter plots, and communicating the outcomes;
[(H) write an equation of a line given its graph or description;
[(I) use linear equations as models of real-world problem situations;
[(J) make predictions from scatter plots that fit linear models;
[(K) solve systems of linear equations;
[(L) graph linear inequalities with two variables;
[(M) graph systems of inequalities; and
[(N) explore the relationship between the graph of an absolute value function 
such as y = |AX + B| + C and the parameters A, B, and C, using computer graphing 
techniques.
[(4) Quadratic equations. The student shall be provided opportunities to:
[(A) evaluate quadratic functions for one and for many values of the variable, 
using a computer or calculator where appropriate;
[(B) explore the effects of simple parameter changes on the graphs of quadratic 
relations, using computer graphing techniques where appropriate;
[(C) obtain decimal approximations for the solutions of quadratic equations, 
using the quadratic formula and a calculator; and
[(D) use quadratic equations to make predictions in problem situations.
[(5) Polynomials. The student shall be provided opportunities to:
[(A) use the definition of polynomial to distinguish between expressions that 
are polynomials and expressions that are not;
[(B) classify polynomials by degree and number of terms;
[(C) add, subtract, multiply, and divide polynomials, using concrete models 
where appropriate;
[(D) apply the laws of exponents to include zero and negative integral 
exponents; and
[(E) factor simple polynomials using concrete models where appropriate.
[(6) Rational expressions. The student shall be provided opportunities to:
[(A) evaluate rational expressions, avoiding division by zero;
[(B) apply operations on simple rational expressions (linear or monomial 
numerators and denominators only);
[(C) solve rational equations with linear numerators and denominators;
[(D) solve problem situations using ratio and proportion;
[(E) use the definition of probability as a ratio of numbers of outcomes to 
solve problems involving uncertainty;
[(F) apply the concept of dimensional analysis (carrying units throughout a 
computation) in problem situations, to determine appropriate units for 
denominate numbers; and
[(G) perform operations on numbers in scientific notation, both mentally and by 
calculator, and use these numbers in problem situations.
[(7) Properties of and operations with square roots. The student shall be 
provided opportunities to:
[(A) use the calculator to approximate numeric radical expressions involving 
square roots;
[(B) simplify algebraic radical expressions involving square roots;
[(C) add, subtract, multiply, and divide numeric and algebraic radical 
expressions involving square roots;
[(D) solve simple radical equations involving square roots; and
[(E) use the Pythagorean Theorem in problem situations.
[(x) Algebra II (one unit). Essential elements for Algebra II as described in 
this subsection shall be effective September 1990. Algebra II shall include the 
following essential elements.
[(1) Development of mathematical structure. The student shall be provided 
opportunities to:
[(A) compare and contrast the real number system and its various subsystems in 
terms of structural characteristics;
[(B) investigate examples and nonexamples of fields using the real number system 
and its various finite and infinite subsystems; and
[(C) develop the complex number system and its operations.
[(2) Quadratic functions. The student shall be provided opportunities to:
[(A) solve quadratic equations by completing the square;
[(B) develop and apply the quadratic formula;
[(C) find a quadratic equation given its roots;
[(D) explore the effects of simple parameter changes on the graph of a quadratic 
function, using computer graphing techniques where appropriate;
[(E) use characteristics of a quadratic function to sketch the related curve;
[(F) determine the equation of quadratic functions from their graphs; and
[(G) use quadratic functions as models in real-world problem situations.
[(3) Quadratic relations. The student shall be provided opportunities to:
[(A) explore the graphs of algebraic representations of conic sections and make 
generalizations that allow classification of these algebraic representations as 
circles, ellipses, hyperbolas, or parabolas, using calculators or computers 
where appropriate;
[(B) verify graphs of conic sections using computer graphing techniques where 
appropriate;
[(C) use characteristics of conic sections to sketch the related curves;
[(D) determine equations of conic sections from their graphs; and
[(E) use quadratic relations as models in real-world problem situations.
[(4) Systems of equations. The student shall be provided opportunities to:
[(A) use the linear combination (addition-subtraction) method to solve systems 
of three linear equations in three variables;
[(B) use augmented matrices by hand or by computer to solve two- or three-
variable linear systems;
[(C) apply linear programming techniques to model and solve real-world 
situations, using the computer or calculator, where appropriate; and
[(D) solve quadratic-quadratic and quadratic-linear systems, and confirm the 
solution by computer graphing techniques.
[(5) Numerical methods and higher degree polynomials. The student shall be 
provided opportunities to:
[(A) use successive approximations on the calculator or computer to solve higher 
degree equations;
[(B) apply synthetic substitution to find functional values of higher degree 
polynomials;
[(C) use the Fundamental Theorem of Algebra and the Factor Theorem to factor 
higher degree polynomials;
[(D) graph higher degree polynomial functions using computer graphing 
techniques;
[(E) solve higher degree polynomial equations using computer graphing 
techniques; and
[(F) use an iterative process (algebraic or geometric) to approximate irrational 
roots of higher degree functions.
[(6) Exponential and logarithmic functions. The student shall be provided 
opportunities to:
[(A) investigate the concept of nth root and convert between exponential and 
radical forms of an expression;
[(B) extend the properties of exponents to include rational exponents;
[(C) investigate exponential functions and their inverses to develop the 
definition of logarithm;
[(D) explore the graphs of exponential and logarithmic functions using computer 
graphing techniques;
[(E) convert between logarithmic and exponential forms of an equation;
[(F) apply properties of logarithms to solve equations; and
[(G) apply logarithmic and exponential functions in problem situations using the 
computer or calculator.
[(7) Rational algebraic functions. The student shall be provided opportunities 
to:
[(A) simplify complex fractions;
[(B) graph rational algebraic functions (using computer graphing techniques 
where appropriate) to develop an intuitive understanding of the concept of 
limit; and
[(C) use direct and inverse variation functions as models to make predictions in 
real-world situations.
[(8) Sequences and series. The student shall be provided opportunities to:
[(A) investigate patterns in given sequences and use the patterns or recursive 
or generator formulas to find additional terms;
[(B) investigate and graph geometric and arithmetic sequences;
[(C) find the nth partial sum of geometric or arithmetic series and find n given 
the nth term or partial sum;
[(D) investigate convergent geometric series;
[(E) use sequences and series as models in real-world problem situations;
[(F) use the Binomial Theorem to expand powers of binomial expressions; and
[(G) solve enumeration problems involving permutations and combinations.
[(9) Data handling and analysis. The student shall be provided opportunities to:
[(A) recognize the importance of unbiased sampling and valid reasoning in 
statistical arguments;
[(B) select an appropriate sampling method for a given real-world problem 
situation;
[(C) interpret probabilities relative to the normal distribution;
[(D) design a simple statistical experiment to test a hypothesis generated by a 
real-world problem situation and interpret the results; and
[(E) use computer simulation methods to represent and solve problem situations 
involving uncertainty.
[(y) Geometry (one unit). Essential elements for geometry as described in this 
subsection shall be effective September 1990. Geometry shall include the 
following essential elements.
[(1) Axiomatic systems. The student shall be provided opportunities to:
[(A) distinguish intuitively between the concepts of validity of an argument and 
truth of a statement;
[(B) distinguish between inductive and deductive reasoning;
[(C) use conditional statements in logical arguments;
[(D) investigate the relationship among a conditional statement and its 
converse, inverse, and contrapositive;
[(E) identify patterns of inference that produce valid conclusions and apply in 
real-world situations;
[(F) apply logical arguments to geometric problem situations; and
[(G) explore Euclidian geometry as an axiomatic system (undefined terms, defined 
terms, postulates, and theorems).
[(2) Lines, segments, and angles. The student shall be provided opportunities 
to:
[(A) use a coordinate approach to:
[(i) develop distance, midpoint, and betweenness properties;
[(ii) investigate slopes of parallel and perpendicular lines using computer 
graphing techniques; and
[(iii) write equations for lines given prescribed geometric conditions (locus);
[(B) Use a synthetic approach to:
[(i) construct figures using a computer where appropriate;
[(ii) make a convincing informal argument, orally or in writing, to justify 
angle relationships such as vertical, supplementary, complementary, congruent, 
and angles formed by transversals; and
[(iii) write formal proofs related to parallel lines;
[(C) use a vector approach to:
[(i) determine whether two line segments are parallel; and
[(ii) determine whether two line segments are perpendicular;
[(D) solve real-world problems involving lines, segments, and angles.
[(3) Triangles. The student shall be provided opportunities to:
[(A) use a coordinate approach to:
[(i) investigate specific examples of properties of segments associated with 
triangles (altitudes, medians, perpendicular bisectors, angle bisectors, etc.);
[(ii) make generalizations inductively about these properties; and
[(iii) make a convincing informal argument orally or in writing to validate 
these generalizations;
[(B) use a transformational approach to:
[(i) express translations, rotations, reflections, and dilations as functions; 
and
[(ii) explore congruence and similarity through transformations;
[(C) use a synthetic approach to:
[(i) discover triangle congruence postulates through construction;
[(ii) use triangle congruence propositions in proofs;
[(iii) explore triangle similarity postulates and proportionality of associated 
linear measures (sides, altitudes, medians, angle bisectors, perimeters, etc.);
[(iv) compare various proofs of the Pythagorean Theorem;
[(v) investigate special right triangles;
[(vi) develop trigonometric functions using the right triangle (sin, cos, tan);
[(vii) use theorems related to angle measures of triangles in formal proofs; and
[(viii) investigate triangle inequalities;
[(D) solve real-world problems involving triangles.
[(4) Other polygons. The student shall be provided opportunities to:
[(A) use a coordinate approach to:
[(i) explore specific examples of properties of quadrilaterals;
[(ii) make generalizations inductively for these properties; and
[(iii) make a convincing informal argument orally or in writing to validate 
these generalizations;
[(B) use a transformational approach to:
[(i) explore symmetry of polygons; and
[(ii) generalize concepts of congruence and similarity;
[(C) use a synthetic approach to:
[(i) prove properties of quadrilaterals;
[(ii) use properties of quadrilaterals in proofs;
[(iii) explore specific examples of functional angle relationships in polygons, 
including regular polygons;
[(iv) make generalizations inductively about these relationships; and
[(v) make a convincing informal argument orally or in writing to validate these 
functional relationships;
[(D) solve real-world problems involving polygons.
[(5) Circles. The student shall be provided opportunities to:
[(A) use a coordinate approach to graph equations and circles:
[(i) use the distance formula to develop the equations for circles; and
[(ii) graph equations of circles;
[(B) use a synthetic approach to:
[(i) investigate lines, segments, and angles related to circles;
[(ii) investigate inscribed and circumscribed circles using a computer; and
[(iii) solve geometric problems involving segments and angles related to 
circles;
[(C) solve real-world problems involving circles.
[(6) Solid geometry. The student shall be provided opportunities to:
[(A) use a synthetic approach to:
[(i) investigate properties of polyhedra using concrete models (and computers 
where possible);
[(ii) investigate properties of cylinders, cones, and spheres using concrete 
models (and computers where possible);
[(iii) draw three-dimensional figures (using computers where possible); and
[(iv) build three-dimensional models;
[(B) use a transformational approach to explore symmetry of polyhedra and 
spheres in space; and
[(C) solve real-world problems involving three-dimensional figures.
[(7) Measurement. The student shall be provided opportunities to:
[(A) use a transformational approach to:
[(i) explore distance and area as invariant conditions under translations, 
rotations, and reflections;
[(ii) explore the ratio of distances as an invariant condition under dilations; 
and
[(iii) explore angle measure as an invariant condition under translations, 
rotations, reflections, and dilations;
[(B) use a synthetic approach to:
[(i) make a convincing informal argument (using models and computers where 
possible) to validate area and volume formulas;
[(ii) investigate the circumference and area of a circle as the limits of 
perimeters and areas of inscribed regular polygons;
[(iii) use ratio to investigate arc length and areas of sectors of circles; and
[(iv) investigate the proportional relationships among linear measures, areas, 
and volumes in similar figures;
[(C) solve real-world problems involving measurement.]
<nl>(w)<ol>[(aa)] Informal geometry (one unit). Essential elements for informal 
geometry as described in this subsection shall be effective September 1992. 
Informal geometry shall include the following essential elements.
(1)-(10) (No change.)
<nl>(x)<ol>[(bb)] Mathematics of money (1/2-one unit). Essential elements for 
mathematics of money as described in this subsection shall be effective 
September 1992. (The mathematics of money course will replace the mathematics of 
consumer economics course.) Mathematics of money shall include the following 
essential elements.
<nl>(1)-(5) (No change.)
<nl>(y)<ol>[(cc)] Pre-Algebra (one unit). Essential elements for pre-algebra as 
described in this subsection shall be effective September 1992. Pre-algebra 
shall include the following essential elements.
<nl>(1)-(6) (No change.)
<nl>(z) Elementary analysis (1/2 unit). Essential elements for elementary 
analysis as described in this subsection shall be effective September 1994. 
Elementary analysis shall include the following essential elements.
<nl>(1) Properties of the real number system and other mathematical systems. The 
student shall be provided opportunities to:
<nl>(A) understand the structure of mathematical systems (undefined terms, 
operations, postulates, and theorems);
<nl>(B) investigate groups, rings, and fields;
<nl>(C) investigate properties of ordered fields and construct appropriate 
proofs; and
<nl>(D) use matrices to solve equations, using computers where appropriate.
<nl>(2) Relations, functions, and their graphs. The student shall be provided 
opportunities to:
<nl>(A) explore the characteristics of functions, including discrete functions;
<nl>(B) graph functions and relations, including the use of computer/calculator 
graphics technology;
<nl>(C) identify increasing and decreasing functions, including the use of 
computer/calculator graphics technology;
<nl>(D) identify and graph periodic functions, including the use of 
computer/calculator graphics technology;
<nl>(E) understand the meaning of absolute value and the distance formula;
<nl>(F) use symmetries;
<nl>(G) perform operations on functions;
<nl>(H) explore characteristics of composite and inverse functions;
<nl>(I) model problem situations with functions, including the use of 
computer/calculator graphics technology;
<nl>(J) represent equations from graphs for discrete and continuous functions;
<nl>(K) investigate the behavior of graphs of algebraic and transcendental 
functions by changing parameters;
<nl>(L) use graphic representations for data (e.g., boxplots, stem-and-leaf, 
lineplots, histograms, scatterplots), including the use of computer/calculator 
graphics technology; and
<nl>(M) explore the application of linear regression to mathematics modeling 
using real world data, including the use of computer/calculator graphics 
technology.
<nl>(3) Polynomial functions. The student shall be provided opportunities to:
<nl>(A) use linear functions, linear inequalities, and models;
<nl>(B) use linear transformations, geometric transformations, and models;
<nl>(C) determine and apply relative maximum and minimum values, including the 
use of computer/calculator graphics technology;
<nl>(D) identify intervals on which the polynomial function is increasing or 
decreasing;
<nl>(E) model problem situations with polynomial functions;
<nl>(F) use the Remainder Theorem and the Factor Theorem;
<nl>(G) use synthetic division;
<nl>(H) use the Rational Root Theorem;
<nl>(I) use Descartes' Rule of Signs, the Upper and Lower Bounds Theorem, and 
the Location Theorem;
<nl>(J) find roots of polynomials, including the use of computer/calculator 
graphics technology;
<nl>(K) apply the Fundamental Theorem of Algebra;
<nl>(L) graph polynomial functions, including the use of computer/calculator 
graphics technology;
<nl>(M) examine the continuity and end behavior of a function, including the use 
of computer/calculator graphics technology; and
<nl>(N) solve and graph polynomial inequalities.
<nl>(4) Rational functions and functions involving radicals. The student shall 
be provided opportunities to:
<nl>(A) investigate the limit concept, including the use of computer/calculator 
graphics technology;
<nl>(B) find vertical, horizontal, and slant asymptotes, including points of 
exclusion;
<nl>(C) graph rational functions, including the use of computer/calculator 
graphics technology;
<nl>(D apply rational functions to real problem situations;
<nl>(E) solve equations and inequalities with rational expressions;
<nl>(F) investigate the graphs of radical functions, including the use of 
computer/calculator graphics technology;
<nl>(G) solve equations and inequalities involving radicals both algebraically 
and graphically, including the use of computer/calculator graphics technology; 
and
<nl>(H) find partial fractions.
<nl>(5) Exponential and logarithmic functions. The student shall be provided 
opportunities to:
<nl>(A) define and explore the characteristics of exponential functions 
(including base e), including the use of computer/calculator graphics 
technology;
<nl>(B) apply exponential functions (including data analysis) to other 
disciplines and societal situations, including the use of computer/calculator 
graphics technology;
<nl>(C) use laws of exponents to simplify expressions with positive and negative 
integral and rational exponents;
<nl>(D) define and explore the characteristics of logarithmic functions, 
including the use of computer/calculator graphics technology;
<nl>(E) use properties of logarithms;
<nl>(F) investigate the graphs of logarithmic functions, including the use of 
computer/calculator graphics technology;
<nl>(G) solve exponential and logarithmic equations, using algebraic and 
graphing methods, including the use of computer/calculator graphics technology;
<nl>(H) solve exponential and logarithmic inequalities, using algebraic and 
graphing methods, including the use of computer/calculator graphics technology;
<nl>(I) apply logarithms (including the natural logarithm), using calculators 
where appropriate; and
<nl>(J) study linear regression, residuals, and correlation as it relates to 
linear, exponential, and variation models.
<nl>(6) Sequences and series. The student shall be provided opportunities to:
<nl>(A) find specific terms of arithmetic/geometric sequences;
<nl>(B) find the general term of a sequence;
<nl>(C) write the sigma notation for a series and find the sum;
<nl>(D) use mathematical induction to perform proofs;
<nl>(E) find the limit of a sequence and investigate convergent and divergent 
series, using technology where appropriate;
<nl>(F) use the Binomial Expansion Theorem to develop the Binomial Probability 
Distribution Function and explore the use of Monte Carlo simulations to 
reinforce abstract study of the Binomial Probability Distribution Function;
<nl>(G) explore concepts of expected value (mean), and standard deviation;
<nl>(H) explore patterns in sequences and series;
<nl>(I) apply sequences, series, and iterative procedures (e.g., fractals), 
using technology where appropriate; and
<nl>(J) investigate the series expansion of the sine and cosine functions and 
the Euler number e.
<nl>(7) Second degree relations. The student shall be provided opportunities to:
<nl>(A) derive the equations for circles, parabolas, ellipses, and hyperbolas, 
using the locus definitions;
<nl>(B) graph second degree equations, including the use of computer/calculator 
graphics technology;
<nl>(C) perform transformations (including the use of matrices), including the 
use of computer/calculator graphics technology; and
<nl>(D) apply conics to real-world situations (including other disciplines).
[(z) Trigonometry (1/2 unit). Essential elements for trigonometry as described 
in this subsection shall be effective September 1990. Trigonometry shall include 
the following essential elements.
[(1) Circular/trigonometric functions. The student shall be provided 
opportunities to:
[(A) explore periodic real-world phenomena;
[(B) apply definitions of sine, cosine, tangent, secant, cosecant, and cotangent 
functions;
[(C) analyze the interrelationship between circular and trigonometric 
representations of functions;
[(D) find exact values of special cases of trigonometric functions; and
[(E) find approximate values of trigonometric functions using the computer or 
calculator.
[(2) Graphs of circular/trigonometric functions. The student shall be provided 
opportunities to:
[(A) investigate the effects of the parameters in the equation on the graph of a 
trigonometric function;
[(B) use these generalizations to sketch circular/trigonometric functions;
[(C) verify sketched graphs of trigonometric functions using computer graphics;
[(D) write the equation given the graph of a trigonometric function; and
[(E) use circular functions that model real-world phenomena to solve problems.
[(3) Properties of circular/trigonometric functions and their inverses. The 
student shall be provided opportunities to:
[(A) use trigonometric properties, including those involving functions of more 
than one argument, to transform a trigonometric expression to another equivalent 
form;
[(B) verify trigonometric identities using computer graphics;
[(C) investigate the properties of inverse functions and relations;
[(D) analyze the interrelationship between circular/trigonometric functions and 
their inverses;
[(E) solve trigonometric equations, and verify by accurate graphing; and
[(F) use inverses of trigonometric functions that model real-world phenomena to 
solve problems.
[(4) Triangle problems. The student shall be provided opportunities to:
[(A) solve right triangle problems that model real-world situations;
[(B) find the area of a triangle by trigonometric techniques;
[(C) derive the Law of Sines and the Law of Cosines and apply these laws to 
problem situations; and
[(D) use vectors to solve real-world problems.
[(5) Applications of trigonometry to other areas of mathematics. The student 
shall be provided opportunities to:
[(A) analyze the connection between circular/trigonometric functions and polar 
coordinates;
[(B) analyze the connection between circular/trigonometric functions and complex 
numbers; and
[(C) analyze the connection between circular/trigonometric functions and 
series.]
<nl>(aa) Analytic geometry (1/2 unit). Essential elements for analytic geometry 
as described in this subsection shall be effective September 1994. Analytic 
geometry shall include the following essential elements.
<nl>(1) Relations, functions, and their graphs. The student shall be provided 
opportunities to:
<nl>(A) explore the characteristics of functions, including discrete functions;
<nl>(B) graph functions and relations, including the use of computer/calculator 
graphics technology;
<nl>(C) identify increasing and decreasing functions, including the use of 
computer/calculator graphics technology;
<nl>(D) use symmetries;
<nl>(E) perform operations on functions;
<nl>(F) explore characteristics of composite and inverse functions;
<nl>(G) model problem situations with functions, including the use of 
computer/calculator graphics technology;
<nl>(H) represent equations from graphs for discrete and continuous functions;
<nl>(I) investigate the behavior of graphs of algebraic and transcendental 
functions by changing parameters;
<nl>(J) explore the analytic geometry of lines (to include parallel and 
perpendicular lines, angle of inclination, angle between two lines, coordinates 
of a point which divides a line segment in a given ratio, distance from a point 
to a line, and the equation of the family of lines having a given property);
<nl>(K) perform analytic proofs of geometric theorems;
<nl>(L) use linear transformations, geometric transformations, and models;
<nl>(M) investigate the limit concept, including the use of computer/calculator 
graphics technology;
<nl>(N) find vertical, horizontal, and slant asymptotes, including points of 
exclusion; and
<nl>(O) use curve fitting to describe problem situations.
<nl>(2) Space coordinates and surfaces. The student shall be provided 
opportunities to:
<nl>(A) use space coordinates;
<nl>(B) investigate the geometry of ordered triples;
<nl>(C) determine the angle between two planes;
<nl>(D) determine the distance between a point and a plane;
<nl>(E) investigate surface of revolution and quadric surfaces;
<nl>(F) find parametric equations for given surface equations; and
<nl>(G) find normals and tangents in planes and space.
<nl>(3) Vectors and parametric equations. The student shall be provided 
opportunities to:
<nl>(A) investigate vectors in the plane;
<nl>(B) use vectors in space;
<nl>(C) use vector equations for lines and planes;
<nl>(D) find and apply dot and cross products of vectors;
<nl>(E) find and apply the angle between vectors;
<nl>(F) apply vectors to real-world situations (e.g., force, navigation);
<nl>(G) define and derive parametric equations;
<nl>(H) graph curves defined by parametric equations; and
<nl>(I) apply parametric equations (e.g., motion problems), including the use of 
computer/calculator graphics technology.
<nl>(4) Second degree relations. The student shall be provided opportunities to:
<nl>(A) derive the equations for circles, parabolas, ellipses, and hyperbolas, 
using the locus definitions;
<nl>(B) investigate loci with respect to points of intersections, tangents, and 
normals to the conic sections (to include families of lines which pass through 
curves);
<nl>(C) graph second degree equations, including the use of computer/calculator 
graphics technology;
<nl>(D) perform transformations (including the use of matrices), including the 
use of computer/calculator graphics technology; and
<nl>(E) apply conics to real-world situations (including other disciplines).
<nl>(5) Complex numbers and polar coordinates. The student shall be provided 
opportunities to:
<nl>(A) represent complex numbers graphically;
<nl>(B) use the trigonometric forms of complex numbers for finding powers and 
roots;
<nl>(C) transform equations and formulas from rectangular to polar coordinates 
and vice-versa;
<nl>(D) investigate equations of lines and conic sections in polar coordinates;
<nl>(E) explore the intersection of polar curves (by solving simultaneously for 
r , 0); and
<nl>(F) graph equations in polar form, include the use of computer/calculator 
graphics technology.
<nl>(bb) Precalculus (1/2-one unit). Essential elements for precalculus as 
described in this subsection shall be effective September 1994. Precalculus 
shall include the following essential elements.
<nl>(1) Relations, functions and their graphs. The student shall be provided 
opportunities to:
<nl>(A) explore the characteristics of functions, including discrete functions;
<nl>(B) graph functions and relations, including the use of computer/calculator 
graphics technology;
<nl>(C) identify increasing and decreasing functions, including the use of 
computer/calculator graphics technology;
<nl>(D) identify and graph periodic functions, including the use of 
computer/calculator graphics technology;
<nl>(E) use symmetries;
<nl>(F) perform operations on functions;
<nl>(G) explore characteristics of composite and inverse functions;
<nl>(H) model problem situations with functions, including the use of 
computer/calculator graphics technology;
<nl>(I) represent equations from graphs for discrete and continuous functions;
<nl>(J) investigate the behavior of graphs of algebraic and transcendental 
functions by changing parameters;
<nl>(K) use graphic representations for data (e.g., boxplots, stem-and-leaf, 
lineplots, histograms, scatterplots), including the use of computer/calculator 
graphics technology; and
<nl>(L) explore the application of linear regression to mathematics modeling, 
using real world data; including the use of computer/calculator graphics 
technology.
<nl>(2) Polynomial functions. The student shall be provided opportunities to:
<nl>(A) use linear functions, linear inequalities, and models;
<nl>(B) explore the analytic geometry of lines (e.g., parallel and perpendicular 
lines, angle of inclination, angle between two lines, coordinates of a point 
which divides a line segment in a given ratio, distance from a point to a line, 
the equation of the family of lines having a given property);
<nl>(C) use linear transformations, geometric transformations, and models;
<nl>(D) determine and apply relative maximum and minimum values, including the 
use of computer/calculator graphics technology;
<nl>(E) identify intervals on which the polynomial function is increasing or 
decreasing;
<nl>(F) model problem situations with polynomial functions;
<nl>(G) use the Remainder Theorem and the Factor Theorem;
<nl>(H) use synthetic division;
<nl>(I) use the Rational Root Theorem;
<nl>(J) use Descartes' Rule of Signs, the Upper and Lower Bounds Theorem, and 
the location theorem;
<nl>(K) find roots of polynomials, including the use of computer/calculator 
graphics technology;
<nl>(L) apply the Fundamental Theorem of Algebra;
<nl>(M) graph polynomial functions, including the use of computer/calculator 
graphics technology;
<nl>(N) examine the continuity and end behavior of a function, including the use 
of computer/calculator graphics technology; and
<nl>(O) solve and graph polynomial inequalities.
<nl>(3) Rational functions and functions involving radicals. The student shall 
be provided opportunities to:
<nl>(A) investigate the limit concept, including the use of computer/calculator 
graphics technology;
<nl>(B) find vertical, horizontal, and slant asymptotes, including points of 
exclusion;
<nl>(C) graph rational functions, including the use of computer/calculator 
graphics technology;
<nl>(D) apply rational functions to real problem situations;
<nl>(E) solve equations and inequalities with rational expressions;
<nl>(F) investigate the graphs of radical functions, including the use of 
computer/calculator graphics technology;
<nl>(G) solve equations and inequalities involving radicals both algebraically 
and graphically, including the use of computer/calculator graphics technology; 
and
<nl>(H) find partial fractions.
<nl>(4) Exponential and logarithmic functions. The student shall be provided 
opportunities to:
<nl>(A) define and explore the characteristics of exponential functions 
(including base e), including the use of computer/calculator graphics 
technology;
<nl>(B) apply exponential functions (including data analysis) to other 
disciplines and societal situations, including the use of computer/calculator 
graphics technology;
<nl>(C) use laws of exponents to simplify expressions with positive and negative 
integral and rational exponents;
<nl>(D) define and explore the characteristics of logarithmic functions, 
including the use of computer/calculator graphics technology;
<nl>(E) use properties of logarithms;
<nl>(F) investigate the graphs of logarithmic functions, including the use of 
computer/calculator graphics technology;
<nl>(G) solve exponential and logarithmic equations using algebraic and graphing 
methods, including the use of computer/calculator graphics technology;
<nl>(H) solve exponential and logarithmic inequalities using algebraic and 
graphing methods, including the use of computer/calculator graphics technology;
<nl>(I) apply logarithms (including the natural logarithm), using calculators 
where appropriate; and
<nl>(J) study linear regression, residuals, and correlation as it relates to 
linear, exponential, and variation models.
<nl>(5) Circular trigonometric functions, their properties, and applications. 
The student shall be provided opportunities to:
<nl>(A) find angle measurement using degrees and radians;
<nl>(B) identify periodic functions, including the use of computer/calculator 
graphics technology;
<nl>(C) use applications of circular functions, including the use of 
computer/calculator graphics technology;
<nl>(D) find and apply inverse functions (including modeling), including the use 
of computer/calculator graphics technology;
<nl>(E) define the trigonometric functions;
<nl>(F) find values of the trigonometric functions using calculators;
<nl>(G) graph the trigonometric functions, including the use of 
computer/calculator graphics technology;
<nl>(H) solve right triangle problems, including the use of computer/calculator 
graphics technology;
<nl>(I) solve general triangles (Law of Sines, Law of Cosines, and area of 
triangles), including the use of computer/calculator graphics technology;
<nl>(J) solve trigonometric equations;
<nl>(K) derive fundamental identities; and
<nl>(L) prove and use identities, including the use of computer/calculator 
graphics technology.
<nl>(6) Complex numbers and polar coordinates. The student shall be provided 
opportunities to:
<nl>(A) represent complex numbers graphically;
<nl>(B) use the trigonometric forms of complex numbers for finding powers and 
roots;
<nl>(C) transform equations and formulas from rectangular to polar coordinates 
and vice versa; and
<nl>(D) graph equations in polar form, including the use of computer/calculator 
graphics technology.
<nl>(7) Vectors and parametric equations. The student shall be provided 
opportunities to:
<nl>(A) investigate vectors in the plane;
<nl>(B) use vectors in space;
<nl>(C) use vector equations for lines and planes;
<nl>(D) find and apply dot and cross products of vectors;
<nl>(E) find and apply the angle between vectors;
<nl>(F) apply vectors to real-world situations (e.g., force, navigation);
<nl>(G) define and derive parametric equations;
<nl>(H) graph curves defined by parametric equations; and
<nl>(I) apply parametric equations (e.g., motion problems), including the use of 
computer/calculator graphics technology.
<nl>(8) Sequences and series. The student shall be provided opportunities to:
<nl>(A) find specific terms of arithmetic/geometric sequences;
<nl>(B) find the general term of a sequence;
<nl>(C) write the sigma notation for a series and find the sum;
<nl>(D) use mathematical induction to perform proofs;
<nl>(E) find the limit of a sequence and investigate convergent and divergent 
series, using technology where appropriate;
<nl>(F) use the Binomial Expansion Theorem to develop the Binomial Probability 
Distribution Function and explore the use of Monte Carlo simulations to 
reinforce abstract study of the Binomial Probability Distribution Function;
<nl>(G) explore concepts of expected value (mean), and standard deviation;
<nl>(H) explore patterns in sequences and series;
<nl>(I) apply sequences, series, and iterative procedures (e.g., fractals), 
using technology where appropriate; and
<nl>(J) investigate the series expansion of the sine and cosine functions and 
the Euler number e.
<nl>(9) Second degree relations. The student shall be provided opportunities to:
<nl>(A) derive the equations for circles, parabolas, ellipses, and hyperbolas, 
using the locus definitions;
<nl>(B) investigate loci with respect to points of intersections, tangents, and 
normals to the conic sections (to include families of lines which pass through 
curves);
<nl>(C) graph second degree equations, including the use of computer/calculator 
graphics technology;
<nl>(D) perform transformations (including the use of matrices), including the 
use of computer/calculator graphics technology; and
<nl>(E) apply conics to real-world situations (including other disciplines).
<nl>(cc) Calculus (one unit). Essential elements for calculus as described in 
this subsection shall be effective September 1995. Calculus shall include the 
following essential elements.
<nl>(1) Concepts and skills associated with elementary functions. The student 
shall be provided opportunities to:
<nl>(A) use algebraic, trigonometric, exponential, and logarithmic functions;
<nl>(B) investigate properties of functions, including:
<nl>(i)<nl> sum, product, quotient, composition, and inverse (including domain 
and range of each);
<nl>(ii)<nl> absolute value;
<nl>(iii)<nl> odd and even;
<nl>(iv)<nl> zeros of a function; and
<nl>(v)<nl> one-to-one function;
<nl>(C) use fundamental identities including addition formulas for trigonometric 
functions;
<nl>(D) graph functions, using a graphing calculator or computer, emphasizing:
<nl>(i)<nl> symmetry;
<nl>(ii)<nl> asymptotes; and
<nl>(iii)<nl> periodicity and amplitude.
<nl>(2) Concepts associated with the limit of a function. The student shall be 
provided opportunities to:
<nl>(A) investigate the definition of a limit experimentally using a calculator 
or a computer;
<nl>(B) represent the definition of the limit of a function graphically, and use 
this definition in proofs;
<nl>(C) apply limit theorems and properties (e.g., the limit of a constant, a 
sum, a product, a quotient);
<nl>(D) investigate special limits, including:
<nl>(i)<nl> the limit defining the Euler number e;
<nl>(ii)<nl> limits involving trigonometric functions (e.g.
<nl>(iii)<nl> nonexistent limits including, but not restricted to
<nl>(E) define and investigate continuity, including statements and applications 
of continuity theorems:
<nl>(i)<nl> intermediate value theorem; and
<nl>(ii)<nl> existence of a maximum and minimum for a continuous function on a 
closed interval.
<nl>(3) Concepts and skills associated with the derivative. The student shall be 
provided opportunities to:
<nl>(A) investigate definitions of the derivative of a function;
<nl>(B) derive formulas for the derivatives from the definition of derivatives 
as the limit of a function;
<nl>(C) use theorems and properties of the derivative including the relationship 
between differentiability and continuity;
<nl>(D) find derivatives, including:
<nl>(i)<nl> elementary functions (e.g., trigonometric, logarithmic, 
exponential);
<nl>(ii)<nl> sums, products, and quotients;
<nl>(iii)<nl> composite functions (chain rule);
<nl>(iv)<nl> implicitly defined functions;
<nl>(v)<nl> inverse of a function (including Arcsin x and Arctan x);
<nl>(vi)<nl> higher order derivatives;
<nl>(vii)<nl> functions defined parametrically; and
<nl>(viii)<nl> logarithmic differentiation;
<nl>(E) investigate and apply Rolle's Theorem and the Mean Value Theorem;
<nl>(F) perform curve sketching, including:
<nl>(i)<nl> techniques for identifying intervals on which the curve is constant, 
increasing, or decreasing;
<nl>(ii)<nl> critical numbers, relative maximum or minimum points, absolute 
maximum or minimum points;
<nl>(iii)<nl> concavity;
<nl>(iv)<nl> points of inflection;
<nl>(v)<nl> Newton's approximation of zeros of a function;
<nl>(vi)<nl> the relationship of the first and second derivative to each of the 
previous concepts; and
<nl>(vii)<nl> calculator and computer approach to curve sketching;
<nl>(G) apply the derivative to:
<nl>(i)<nl> slope of a curve with tangent lines and normal lines;
<nl>(ii)<nl> extreme value problems including marginal analysis, etc.;
<nl>(iii)<nl> particle motion on a line or in a plane;
<nl>(iv)<nl> velocity, acceleration, and speed;
<nl>(v)<nl> average and instantaneous rates of change;
<nl>(vi)<nl> differential approximation;
<nl>(vii)<nl> 
<nl>(viii)<nl> related rates of change.
<nl>(4) Concepts and skills associated with the integral and techniques of 
integration. The student shall be provided opportunities to:
<nl>(A) find antiderivatives (indefinite integrals) of functions;
<nl>(B) apply antiderivatives to solve problems, including:
<nl>(i)<nl> finding distance and velocity given acceleration and initial 
conditions; and
<nl>(ii)<nl> solving differential equations with separable variables, including 
growth and decay problems from equations of the form y' = ky;
<nl>(C) investigate the definite integral, including:
<nl>(i)<nl> concept of the definite integral as an area;
<nl>(ii)<nl> approximations to the definite integral using rectangles;
<nl>(iii)<nl> definition of the definite integral as the limit of a sum;
<nl>(iv)<nl> Trapezoidal Rule;
<nl>(v)<nl> properties of the definite integral; and
<nl>(vi)<nl> the fundamental theorems of integral calculus;
<nl>(D) apply concepts of the definite integral to solve problems involving:
<nl>(i)<nl> the average value of a function;
<nl>(ii)<nl> area between curves;
<nl>(iii)<nl> volume of a solid of revolution (disc, washer, and shell method) 
about the x-axis, y-axis, or a line parallel to one of the axes; and
<nl>(iv)<nl> surface area of a solid of revolution;
<nl>(E) use techniques of integration, including:
<nl>(i)<nl> basic integration formulas;
<nl>(ii)<nl> integration by substitution (change of variables, identities);
<nl>(iii)<nl> integration by parts; and
<nl>(iv)<nl> investigation of the previous techniques through calculator and 
computer-oriented problems;
<nl>(F) integrate special functions, including:
<nl>(i)<nl> trigonometric functions;
<nl>(ii)<nl> logarithmic functions;
<nl>(iii)<nl> exponential functions; and
<nl>(iv)<nl> functions defined by integrals (e.g.,
<nl>(5) Applications of calculus to real-world problems in the fields of life 
science, business and economics, social science, physics, and engineering. The 
student shall be provided opportunities to:
<nl>(A) solve problems which can be solved without the use of a calculator or 
computer throughout the instruction of calculus; and
<nl>(B) solve problems which can most reasonably be solved using a scientific or 
graphing calculator or computer technology throughout the instruction of 
calculus.
sec.75.64. Science.
(a)-(l) No change.
(m) Environmental science (1/2-one unit). <nl>Essential elements described in 
this subsection for environmental science shall be superseded by the essential 
elements described in subsection (t) of this section effective September 1995. 
<ol>Environmental science shall be a laboratory-oriented course and shall 
include the following essential elements.
(1)-(10) No change.
(n)-(r) No change.
[(s) Note. All science courses in this section shall be laboratory oriented.]
<nl>(s)<ol>[(t)] Applied biology (one unit). Essential elements for applied 
biology as described in this subsection shall be effective September 1992. (The 
applied biology course will replace the introductory biology course.) Applied 
biology shall be a laboratory-oriented course and shall include the following 
essential elements.
(1)-(10) No change.
<nl>(t) Environmental science (1/2-one unit). Essential elements for 
environmental science as described in this subsection shall be effective 
September 1995. Environmental science shall be a laboratory/field oriented 
course and shall include the following essential elements.
<nl>(1) Manipulating laboratory skills and equipment. The student shall be 
provided opportunities to:
<nl>(A) manipulate objects, organisms, and models;
<nl>(B) use materials and instruments;
<nl>(C) construct models; and
<nl>(D) practice safe use of laboratory/field equipment.
<nl>(2) The use of skills in acquiring scientific data and information. The 
student shall be provided opportunities to:
<nl>(A) observe properties and patterns of objects, organisms, models, 
phenomena, and events; and
<nl>(B) estimate and measure environmental science processes and properties.
<nl>(3) The use of classification skills in ordering, sequencing, and 
classifying scientific data and information. The student shall be provided 
opportunities to:
<nl>(A) arrange time, events, and activities in sequential order;
<nl>(B) classify matter, forces, energy, organisms, actions, and events 
according to similarities and differences; and
<nl>(C) design graphs, tables, maps, and other visuals.
<nl>(4) Experience in communicating scientific data and information in 
appropriate form. The student shall be provided opportunities to:
<nl>(A) identify and describe objects, organisms, events, and processes;
<nl>(B) read data from graphs, tables, maps, and other visuals; and
<nl>(C) describe technological advances.
<nl>(5) Experience in interpreting scientific data and information. The student 
shall be provided opportunities to:
<nl>(A) interpret data about models, objects, organisms, actions, events, and 
processes based on observations and information;
<nl>(B) interpret data from graphs, tables, maps, and other visuals;
<nl>(C) form operational definitions of objects, organisms, actions, events, and 
processes based on observations and information; and
<nl>(D) state relationships among objects, organisms, and events using 
operational definitions.
<nl>(6) The use of skills in inferring, forming generalized statements, and 
making predictions using scientific data and information. The student shall be 
provided opportunities to:
<nl>(A) make inferences from data;
<nl>(B) form and state generalizations about objects, organisms, events, 
processes, and phenomena;
<nl>(C) predict outcomes based on scientific data and information; and
<nl>(D) predict outcomes from trends in scientific data.
<nl>(7) Experience in identifying a problem and designing and conducting a 
scientific investigation. The student shall be provided opportunities to:
<nl>(A) use appropriate equipment and materials;
<nl>(B) collect and/or organize measured data;
<nl>(C) identify and manipulate the conditions of an environmental science 
investigation;
<nl>(D) design and conduct environmental science investigations to test a 
hypothesis;
<nl>(E) recognize and describe changes in objects, organisms, events, processes, 
and phenomena over time; and
<nl>(F) recognize factors that govern changes in objects, organisms, events, 
processes, and phenomena over time.
<nl>(8) Experience in drawing conclusions about the processes and outcomes of a 
scientific investigation. The student shall be provided opportunities to:
<nl>(A) use knowledge of theories, facts, and concepts to explain observations, 
processes, and outcomes in an environmental science investigation; and
<nl>(B) recognize patterns that may form as a result of the collected and 
analyzed data.
<nl>(9) Experience in relating and applying technology and scientific 
information to daily life. The student shall be provided opportunities to:
<nl>(A) relate objects, scientific principles, and activities to daily life;
<nl>(B) interpret consumer information obtained from tables, labels, and 
advertisements;
<nl>(C) assess the impact of science on society, technology, and the 
environment;
<nl>(D) recognize the limitations of science relating to technological advances;
<nl>(E) explain natural processes and phenomena; and
<nl>(F) solve problems and make decisions.
(u) Note. All science courses in this section shall be laboratory/field 
oriented.
sec.75.65. Health.
(a) Health education (1/2 unit). <nl>Essential elements described in this 
subsection for health education shall be superseded by the essential elements 
described in subsection (c) of this section effective September 1994. <ol>Health 
education shall include the following essential elements.
(1)-(3) No change.
(b) (No change.)
<nl>(c) Health education (1/2 unit). Essential elements for health education as 
described in this subsection shall be effective September 1994. Health education 
shall include the following essential elements.
<nl>(1) Concepts and skills that foster individual personal health and safety. 
The student shall be provided opportunities to:
<nl>(A) relate personal behavior to wellness by:
<nl>(i)<nl> assessing personal wellness; and
<nl>(ii)<nl> identifying and evaluating personal behaviors on a health continuum 
ranging from life threatening to optimally health affirming;
<nl>(B) emphasize health and safety as a personal priority through:
<nl>(i)<nl> reviewing and applying positive life skills; and
<nl>(ii)<nl> identifying and discussing the means to reduce risk factors that 
affect wellness;
<nl>(C) identify and compare factors that influence mental and emotional well-
being including causes, symptoms, prevention, and treatment of mental disorders;
<nl>(D) analyze the behaviors related to the use of drugs, including alcohol and 
tobacco by:
<nl>(i)<nl> reviewing classifications of drugs and the laws and regulations for 
possession, use, delivery, and sale of alcohol, tobacco, and drugs;
<nl>(ii)<nl> discussing the health risks and harmful effects of drug use and 
misuse of prescription medications;
<nl>(iii)<nl> examining the detrimental effects of operating equipment and 
vehicles while under the influence; and
<nl>(iv)<nl> examining the disease concept and the addiction process and the 
importance of intervention and treatment, including the methods of recovery;
<nl>(E) determine the benefits and the possible side effects of properly used 
over-the-counter and prescription medications; and
<nl>(F) apply knowledge in food selection and predict the effects that 
contribute to wellness including:
<nl>(i)<nl> examining nutritional needs required at different stages of life;
<nl>(ii)<nl> determining factors that affect fluid intake and electrolyte 
balance;
<nl>(iii)<nl> analyzing the influence of health conditions, economics, 
environment, heredity, and culture on dietary selections;
<nl>(iv)<nl> evaluating positive and negative factors of weight control diets;
<nl>(v)<nl> identifying causes, symptoms, and treatment of eating disorders; and
<nl>(vi)<nl> relating personal patterns of food selection to current United 
States government dietary guidelines.
<nl>(2) Health-related concepts and skills that involve interaction between 
individuals. The student shall be provided opportunities to:
<nl>(A) develop and demonstrate effective expression of emotions through verbal 
and nonverbal communication skills;
<nl>(B) determine the causes, risk factors, symptoms, prevention, and treatment 
for communicable and non-communicable diseases by:
<nl>(i)<nl> studying prevalent diseases at various stages of life with emphasis 
on the adolescent and geriatric populations;
<nl>(ii)<nl> identifying and studying sexually transmitted diseases, HIV 
infection, and AIDS; and
<nl>(iii)<nl> examining genetic and congenital diseases and disorders;
<nl>(C) demonstrate skills and procedures for emergency care including first-aid 
to persons not breathing, choking, or in cardiac distress/arrest;
<nl>(D) contrast responsible and irresponsible behavior in interpersonal 
relationships at various stages of maturity by:
<nl>(i)<nl> studying functional and dysfunctional families including conflicts 
and sibling relationships;
<nl>(ii)<nl> examining dating, marriage, pregnancy, parenthood, divorce, and/or 
remarriage;
<nl>(iii)<nl> identifying and discussing physical, emotional, and sexual abuse 
of a child, spouse, parent, and/or the elderly; and
<nl>(iv)<nl> analyzing sexual assault including date rape.
<nl>(E) discriminate between responsible and irresponsible choices concerning 
sexual behavior by:
<nl>(i)<nl> analyzing the benefits of delaying sexual activity and determining 
responsible choices in preventing school-age pregnancy;
<nl>(ii)<nl> analyzing human sexuality and examining gender roles and 
stereotypes;
<nl>(iii)<nl> applying a decision-making process and refusal skills including 
the effects of peer pressure; and
<nl>(iv)<nl> reviewing the function of the human reproductive system;
<nl>(F) analyze the emotional, physical, and societal consequences of school-age 
sexual intercourse including legal responsibilities, that pregnancy and 
parenthood may have on the attainment of personal, educational, and economical 
goals; and
<nl>(G) demonstrate consideration for the well-being of individuals whose 
culture, lifestyles, age, handicapping conditions, and/or chronic health 
problems cause them to have special needs and concerns.
<nl>(3) Health-related concepts and skills that affect the well-being of people 
collectively. The student shall be provided opportunities to:
<nl>(A) determine that an environment in ecological balance enhances well-being 
by:
<nl>(i)<nl> analyzing the homeostatic relationship between the population and 
environmental health that makes wellness possible;
<nl>(ii)<nl> investigating the health effects of common household products, 
their use and misuse, and suggestions for environmentally safer alternatives;
<nl>(iii)<nl> evaluating the effects of personal lifestyles on the environment, 
and predicting healthy benefits of change;
<nl>(iv)<nl> relating the effects of malnutrition, hunger, increased population, 
pollution, and waste management to health issues and diseases; and
<nl>(v)<nl> exploring the health-related and economic benefits of energy 
conservation and possible sources of energy for the future;
<nl>(B) evaluate the mixed messages given by the media, including the 
advertising and entertainment industries related to legal and illegal products, 
personal and group behaviors, health service providers, or other current health 
issues;
<nl>(C) examine the roles of individuals, families, communities, health 
agencies, organizations, and health professions in health promotion, disease 
prevention, and health care, including peer assistance programs, support groups, 
public health systems, volunteer efforts, and rehabilitation;
<nl>(D) investigate the role of pharmacological and medial research in reducing 
the effects of illness and disease;
<nl>(E) examine current health issues, including laws and ethics, related to 
advanced medical technology including life-support systems, organ donations, and 
transplants; and
<nl>(F) investigate health care finances.
sec.75.67. Fine Arts.
(a) (No change.)
(b) Art II (1/2-two units). Art II shall include the following essential 
elements.
(1) (No change.)
(2) Inventive and imaginative expression through art materials and tools. The 
student shall be provided opportunities to:
(A) (No change.)
(B) select from the following art areas:
(i)-(vi) (No change.)
(vii) jewelry; [and]
(viii) photography/film-making; and[.]
<nl>(ix)<nl> electronic media.
(3)-(4) (No change.)
(c) Art III (1/2-3 units). Art III shall include the following essential 
elements:
(1) (No change.)
(2) Inventive and imaginative expression through art materials and tools. The 
student shall be provided opportunities to:
(A) (No change.)
(B) select from the following art areas:
(i)-(viii) (No change.)
(ix) commercial art; [and]
(x) photography/film-making<nl>; <ol> and[.]
<nl>(xi)<nl> electronic media.
(3)-(4) (No change.)
(d) Art IV (1/2-three units). Art IV shall include the following essential 
elements.
(1) (No change.)
(2) Inventive and imaginative expression through art materials and tools. The 
student shall be provided opportunities to:
(A) (No change.)
(B) select from the following art areas:
(i)-(vii) (No change.)
(viii) commercial art; [and]
(ix) (No change.)
<nl>(x)<nl> electronic media; and
(C) prepare for professional development.
(3)-(5) (No change.)
(e)-(v) (No change.)
sec.75.68. Social Studies, Texas, and United States History.
(a) Social studies attitudes, values, and skills for citizenship. All social 
studies courses <nl>in this section<ol> shall include the <nl>following <ol> 
essential elements as appropriate to each course <nl>unless the social studies 
attitudes, values, and skills for citizenship have been incorporated into the 
essential elements for a specific course<ol> [for social studies attitudes, 
values, and skills for citizenship as described in sec.75.48(a) of this title 
(relating to Social Studies, Texas, and United States History)].
<nl>(1) Respect for self and others. The student shall be provided opportunities 
to:
<nl>(A) respect beliefs of other individuals, groups, and cultures;
<nl>(B) be aware that some things are valued more in some groups and cultures 
than in others;
<nl>(C) recognize how societal values affect individual beliefs and attitudes; 
and
<nl>(D) recognize that individuals must accept the consequences of their 
decisions.
<nl>(2) Democratic beliefs and personal responsibility. The student shall be 
provided opportunities to:
<nl>(A) respect the principles that underlie the Texas and the United States 
Constitutions, the Bill of Rights, and the Declaration of Independence;
<nl>(B) consider one's own values as well as those of others when making 
political decisions;
<nl>(C) value open-mindedness, tolerance of differing opinions, and civic 
participation as important aspects of democratic behavior;
<nl>(D) respect the laws of one's society and work responsibly to change laws 
that one judges to be unjust;
<nl>(E) understand the importance of individual participation in civic affairs;
<nl>(F) understand that legal rights and protections must be balanced with civic 
responsibilities;
<nl>(G) recognize the value of compromise in the democratic process;
<nl>(H) examine reasons that participation and decision making in civic affairs 
require knowledge, time, and personal efforts;
<nl>(I) identify legal rights, responsibilities, and protection afforded 
juveniles and adults;
<nl>(J) support the democratic processes of the republican form of government;
<nl>(K) support the basic values of American society (e.g., justice, 
responsibilities, freedom, respect for the law, diversity, privacy, private 
property rights, free enterprise, voluntary exchange); and
<nl>(L) support the rules and laws of one's school, community, state, and 
nation.
<nl>(3) Support for the American economic system. The student shall be provided 
opportunities to:
<nl>(A) recognize the contributions of the American economic system to the 
standard of living of Americans;
<nl>(B) support the role of profit in the American market system;
<nl>(C) believe in the right of individuals to acquire, use, and dispose of 
property;
<nl>(D) support the freedom of consumers to choose how to spend their income;
<nl>(E) recognize that citizens, through legal political activities, can 
influence economic decisions made by government;
<nl>(F) acknowledge the role of government in regulating unreasonable restraint 
on competition by either producers or consumers;
<nl>(G) support competition by either producers or consumers;
<nl>(H) support competition as it affects the quantity and quality of goods and 
services produced;
<nl>(I) recognize that as individuals act in their own economic interest they 
may also serve the economic interest of others; and
<nl>(J) compare the control and treatment of public and private property.
<nl>(4) Application of social studies skills. The student shall be provided 
opportunities to:
<nl>(A) locate and gather information;
<nl>(B) observe for detail;
<nl>(C) translate information from one medium to another;
<nl>(D) organize and express ideas in written form;
<nl>(E) distinguish fact from opinion;
<nl>(F) analyze information;
<nl>(G) draw conclusions;
<nl>(H) synthesize information;
<nl>(I) develop criteria for making judgments;
<nl>(J) use problem-solving skills;
<nl>(K) sequence historical data and information;
<nl>(L) draw inferences; and
<nl>(M) perceive cause-effect relationships.
(b) United States history (from Reconstruction to the present-one unit). 
<nl>Essential elements described in this subsection for United States history 
(from Reconstruction to the present) shall be superseded by the essential 
elements described in subsection (1) of this section effective September 1992. 
<ol>United States history shall include the following essential elements.
(1)-(5) (No change.)
(c) World history studies (one unit). World history studies shall include the 
following essential elements.
<nl>(1) Relationships between geography and history. The student shall be 
provided opportunities to:
<nl>(A) describe the physical and cultural geographic characteristics of places 
studied;
<nl>(B) understand the effects of the physical environment on the history of 
cultures and societies;
<nl>(C) examine the effects of human modifications of the physical environment 
in places and time periods studied;
<nl>(D) explain the effects of new forms of transportation, trade, and 
communications on historical developments; and
<nl>(E) compare the effects on the development of resources in countries where 
private property rights have been honored and where they have not.
<nl>(2) Early civilizations of Asia, Africa, and the Western Hemisphere and 
their contributions to world civilizations. The student shall be provided 
opportunities to:
<nl>(A) analyze the river valley civilizations (Middle East, China, Indus 
Valley, and Nile Valley);
<nl>(B) describe the kingdoms, societies, and cultures of Africa;
<nl>(C) understand the cultures and societies of pre-Columbian North Central, 
and South America; and
<nl>(D) trace the historical development, precepts, and influences of Buddhism, 
Hinduism, and Confucianism.
<nl>(3) Foundations of western civilization. The student shall be provided 
opportunities to:
<nl>(A) describe Greek and Roman societies and their contributions;
<nl>(B) trace the historical development, precepts, and influences of Judaism, 
Christianity, and Islam; and
<nl>(C) analyze the growth and impact of the Byzantine empire.
<nl>(4) Emergence of European predominance. The student shall be provided 
opportunities to:
<nl>(A) trace the origins and basis for the concepts of liberty, individual 
freedom, property rights, and representative government;
<nl>(B) describe the political, social, economic, and cultural aspects of Europe 
in the Middle Ages;
<nl>(C) identify the causes, characteristics, and impact of the Reformation and 
Renaissance;
<nl>(D) analyze the development of nationalism and the nation-state (with 
emphasis on England, France, and Spain);
<nl>(E) describe the causes and effects of European expansion (discovery, 
exploration, colonization, investment, and mercantilism);
<nl>(F) identify the causes, characteristics, and effects of the Enlightenment;
<nl>(G) understand the causes and results of political revolutions (emphasis on 
18th and 19th century North, Central, and South America; England; and France);
<nl>(H) analyze the causes, characteristics, and results of the Industrial 
Revolution (including the increased productivity and prosperity resulting from 
the Industrial Revolution);
<nl>(I) trace the development of capitalism, socialism, and communism;
<nl>(J) describe the development of nationalism and completion of nation-
building (emphasis on Germany, Italy, and Soviet Union); and
<nl>(K) explain the causes and effects of Western imperalism.
<nl>(5) Contemporary world developments. The student shall be provided 
opportunities to:
<nl>(A) examine nationalism, anticolonial revolutions, and development of new 
states in Asia, Africa, and the Middle East noting economic and political 
perspectives;
<nl>(B) explain the causes and effects of limited and unlimited wars (World War 
I and II, Korea, Viet Nam, Afghanistan, Middle East);
<nl>(C) explain the causes and effects of Soviet expansion, imperialism, and the 
struggle for world domination based on the stated goal of world communism;
<nl>(D) analyze the impact of changing economic relations and economic 
interdependence among regions and nations;
<nl>(E) trace the developments in and impact of science and technology (space, 
medicine, and communications) noting the positive impact of individual freedom 
and incentives on technological advancement;
<nl>(F) identify developments in the arts, literature, religion, and philosophy;
<nl>(G) describe the growth of authoritarian and totalitarian governments 
(communist, socialist, and fascist) and their adverse effects on liberty, 
freedom, and human rights;
<nl>(H) contrast the effects on productivity and living standards of countries 
with similar resource bases but with market economies verses restricted 
economies;
<nl>(I) explain the positive aspects and effects of American capitalism upon the 
world; and
<nl>(J) describe democratic forms of governments, their growth, and explain the 
positive effects of American democracy on liberty freedom, and human rights.
[(1) Development of early civilizations. The student shall be provided 
opportunities to:
[(A) analyze early river valley civilizations;
[(B) describe the historical development of Greek and Roman societies and their 
contributions to modern civilization; and
[(C) trace the development of early Indian and Chinese civilizations.
[(2) Historical development of Western civilization. The student shall be 
provided opportunities to:
[(A) trace the development of Judaism, Christianity, and Islam and their 
influences;
[(B) describe political, economic, and social changes that occurred during the 
medieval periods, the renaissance, and the reformation;
[(C) analyze the influences of Byzantine and Moslem societies on Western 
civilization;
[(D) explain the impact of the renaissance and reformation on Europe;
[(E) describe the expansion of European influence around the world through 
exploration, investment, and colonization;
[(F) analyze the impact of political and economic revolutions on Western 
civilization, including the increased productivity and prosperity resulting from 
the industrial revolution;
[(G) explain the rise of nationalism and imperialism and their consequences;
[(H) trace the origins of and basis for the concepts of liberty, individual 
freedom, private property rights, and representative government; and
[(I) trace the development of capitalism, socialism, and communism.
[(3) Historical development of other regions. The student shall be provided 
opportunities to:
[(A) trace the development of national unity in Russia, India, Japan, and China;
[(B) understand the development of Mayan, Aztec, and Incan civilization in the 
Americas;
[(C) describe the emergence of nation-states in the Middle East, Latin America, 
Africa, and Asia, noting political perspectives; and
[(D) explain the rise of nationalism and imperialism among eastern bloc nations 
and their consequences.
[(4) Geographic influences on world history. The student shall be provided 
opportunities to:
[(A) identify major colonies around the world at various historical periods and 
explain reasons for their colonization;
[(B) determine how the physical features of an area affected its historical 
development;
[(C) analyze the cultural and physical changes that occurred within an area 
studied at various periods of time;
[(D) describe the growth and importance of trade, commerce, transportation, and 
communications at different times in history;
[(E) locate major physical features, landforms, and countries of the world on 
maps and globes;
[(F) describe the major physical features of the world;
[(G) contrast the development of resources in countries where private property 
rights have been honored and where they have not;
[(H) contrast differences in the productivity and living standards of countries 
with similar resource bases but with market economies versus restricted 
economies; and
[(I) trace changes in technological developments relative to natural resources.
[(5) Developments of the twentieth century. The student shall be provided 
opportunities to:
[(A) explain the causes and results of World Wars I and II;
[(B) describe the impact of the great depression on world events;
[(C) analyze the development of dictatorships around the world and the hardships 
of life under both fascist and communist dictatorships;
[(D) explain the impact of conflicting ideologies on present-day world affairs;
[(E) analyze the collapse of European colonial empires and the emergence of new 
nations, including the attempt to replace western colonialism with soviet 
influence;
[(F) trace the achievements in and impact of 20th century science and 
technology, noting the positive impact of individual freedom and incentives on 
technological advancement;
[(G) analyze the impact of worldwide economic interdependence on the world 
today;
[(H) describe the emergence of space exploration and its impact on world 
affairs;
[(I) analyze the impact of changing patterns of production and consumption of 
energy resources;
[(J) examine the uses, abuses, and preservation of natural resources around the 
world;
[(K) trace the adverse effects that communism, socialism, and fascism have had 
on individual freedom and liberty;
[(L) explain the positive aspects and effects of American capitalism upon the 
world; and
[(M) explain the soviet stated goal of world communism and the growth of soviet 
influence and ideology around the globe.]
(d) World geography studies (one unit). <nl>Essential elements described in this 
subsection for world geography studies shall be superseded by the essential 
elements described in subsection (n) of this section effective September 
1995.<ol> World geography studies shall include the following essential 
elements.
(1)-(4) (No change.)
(e) United States government (1/2 unit). <nl>Essential elements described in 
this subsection for United States government shall be superseded by the 
essential elements described in subsection (m) of this section effective 
September 1993. <ol>United States government shall include the following 
essential elements.
<nl>(1)-(4) (No change.)
(f)-(h) (No change.)
(i) Psychology (1/2 unit). <nl>Essential elements described in this subsection 
for psychology shall be superseded by the essential elements described in 
subsection (o) of this section effective September 1995. <ol>Psychology shall 
include the following essential elements.
(1)-(3) (No change.)
(J) Sociology (1/2 unit). <nl>Essential elements described in this subsection 
for sociology shall be superseded by the essential elements described in 
subsection (p) of this section effective September 1995. <ol>Sociology shall 
include the following essential elements.
(1)-(4) (No change.)
(K) (No change.)
[(1) World history studies (one unit). Essential elements for world history 
studies as described in paragraph (1) of this subsection shall be effective 
September 1990. World history studies shall include the following essential 
elements.
[(1) Relationships between geography and history. The student shall be provided 
opportunities to:
[(A) describe the physical and cultural geographic characteristics of places 
studied;
[(B) understand the effects of the physical environment on the history of 
cultures and societies;
[(C) examine the effects of human modifications of the physical environment in 
places and time periods studied;
[(D) explain the effects of new forms of transportation, trade, and 
communications on historical developments; and
[(E) compare the effects on the development of resources in countries where 
private property rights have been honored and where they have not.
[(2) Early civilizations of Asia, Africa, and the Western Hemisphere and their 
contributions to world civilizations. The student shall be provided 
opportunities to:
[(A) analyze the river valley civilizations (Middle East, China, Indus Valley, 
and Nile Valley);
[(B) describe the kingdoms, societies, and cultures of Africa;
[(C) understand the cultures and societies of pre-Columbian North Central, and 
South America; and
[(D) trace the historical development, precepts, and influences of Buddhism, 
Hinduism, and Confucianism.
[(3) Foundations of western civilization. The student shall be provided 
opportunities to:
[(A) describe Greek and Roman societies and their contributions;
[(B) trace the historical development, precepts, and influences of Judaism, 
Christianity, and Islam; and
[(C) analyze the growth and impact of the Byzantine empire.
[(4) Emergence of European predominance. The student shall be provided 
opportunities to:
[(A) trace the origins and basis for the concepts of liberty, individual 
freedom, property rights, and representative government;
[(B) describe the political, social, economic, and cultural aspects of Europe in 
the Middle Ages;
[(C) identify the causes, characteristics, and impact of the Reformation and 
Renaissance;
[(D) analyze the development of nationalism and the nation-state (with emphasis 
on England, France, and Spain);
[(E) describe the causes and effects of European expansion (discovery, 
exploration, colonization, investment, and mercantilism);
[(F) identify the causes, characteristics, and effects of the Enlightenment;
[(G) understand the causes and results of political revolutions (emphasis on 
18th and 19th century North, Central, and South America; England; and France);
[(H) analyze the causes, characteristics, and results of the Industrial 
Revolution (including the increased productivity and prosperity resulting from 
the Industrial Revolution);
[(I) trace the development of capitalism, socialism, and communism;
[(J) describe the development of nationalism and completion of nation-building 
(emphasis on Germany, Italy, and Soviet Union); and
[(K) explain the causes and effects of Western imperialism.
[(5) Contemporary world developments. The student shall be provided 
opportunities to:
[(A) examine nationalism, anticolonial revolutions, and development of new 
states in Asia, Africa, and the Middle East noting economic and political 
perspectives;
[(B) explain the causes and effects of limited and unlimited wars (WWI-II, 
Korea, Viet Nam, Afghanistan, Middle East, etc.);
[(C) explain the causes and effects of Soviet expansion, imperialism, and the 
struggle for world domination based on the stated goal of world communism;
[(D) analyze the impact of changing economic relations and economic 
interdependence among regions and nations;
[(E) trace the developments in and impact of science and technology (space, 
medicine, and communications) noting the positive impact of individual freedom 
and incentives on technological advancement;
[(F) identify developments in the arts, literature, religion, and philosophy;
[(G) describe the growth of authoritarian and totalitarian governments 
(communist, socialist, and facist) and their adverse effects on liberty, 
freedom, and human rights;
[(H) contrast the effects on productivity and living standards of countries with 
similar resource bases but with market economies vs. restricted economies;
[(I) explain the positive aspects and effects of American capitalism upon the 
world; and
[(J) describe democratic forms of governments, their growth, and explain the 
positive effects of American democracy on liberty freedom, and human rights.]
<nl>(l)<ol>[(m)] United States history (from Reconstruction to the present-one 
unit). Essential elements for United States history as described in this 
subsection shall be effective September 1992. United States history shall 
include the following essential elements.
(1)-(9) (No change.)
<ol>(m) United States government (1/2 unit). Essential elements for United 
States government as described in this subsection shall be effective September 
1993. United States government shall include the following essential elements.
<nl>(1) Foundations of the United States political system. The student shall be 
provided opportunities to:
<nl>(A) explain why governments are established;
<nl>(B) analyze the differences between direct and indirect or representative 
democracy (Republic);
<nl>(C) compare political institutions, processes, and civic values of the 
United States with other governmental systems; and
<nl>(D) analyze political ideas and historic documents that formed the 
foundation for the United States system of government.
<nl>(2) Development of the United States governmental system. The student shall 
be provided opportunities to:
<nl>(A) analyze the purposes of and the political, economic, and social 
philosophies of the Declaration of Independence, the United States Constitution, 
the Bill of Rights, and selected Federalist papers and Anti-Federalist writings;
<nl>(B) analyze the arguments for and against ratification of the Constitution 
proposed by the Federalists and Anti-Federalists;
<nl>(C) identify notable individuals who played historic roles in establishing 
and maintaining the government;
<nl>(D) analyze the impact of the United States Supreme Court decisions on the 
governmental system; and
<nl>(E) analyze the growth of the two-party political system in the United 
States.
<nl>(3) Structures and functions of the United States governmental system at 
national, state, and local levels. The student shall be provided opportunities 
to:
<nl>(A) analyze executive, legislative, and judicial structures and functions 
and authority roles at all levels of government;
<nl>(B) analyze the system of checks and balances of the branches of government 
at all levels of government; and
<nl>(C) analyze the division of powers between national and state governments 
(federalism).
<nl>(4) Participation and decision making in civic affairs. The student shall be 
provided opportunities to:
<nl>(A) examine factors that influence an individual's political attitudes and 
actions;
<nl>(B) analyze the functions of political parties, interest groups, and the 
media in the political system;
<nl>(C) analyze the involvement and participation by individuals in political 
parties and interest groups; and
<nl>(D) explore reasons why participation and decision making in civic affairs 
requires knowledge, time, and personal effort.
<nl>(5) Respect for self and others. The student shall be provided opportunities 
to:
<nl>(A) respect beliefs of other individuals, groups, and cultures;
<nl>(B) recognize that some things are valued more in some groups and cultures 
than in others; and
<nl>(C) recognize how different societal values and beliefs affect the decision 
making, political actions, and beliefs of individuals.
<nl>(6) Democratic beliefs and personal responsibilities. The student shall be 
provided opportunities to:
<nl>(A) recognize that individuals should accept the consequences of their 
beliefs, decisions, and political actions;
<nl>(B) examine open-mindedness, tolerance of differing opinions, civic 
participation, and compromise as important aspects of democratic behavior;
<nl>(C) support the rules and laws of the school, community, state, and nation 
and working responsibly to identify legal means and methods by which unjust laws 
may be changed;
<nl>(D) evaluate the necessity of balancing legal rights and protections with 
civic responsibilities;
<nl>(E) explore legal rights and protections afforded citizens (juveniles and 
adults);
<nl>(F) support the democratic processes of the republican form of government;
<nl>(G) support the basic civic values of American society (e.g., justice, 
responsibility, religious/political freedom, respect for the law, diversity, 
equality, privacy, private property rights, free enterprise);
<nl>(H) respect the principles that underlie the Texas and the United States 
Constitutions (including the Bill of Rights and all other amendments) and the 
Declaration of Independence; and
<nl>(I) explain the concepts of "a government of law, not of men," "due process 
of law," and "equal protection of the law."
<nl>(7) Support for the American economic system. The student shall be provided 
opportunities to:
<nl>(A) recognize that citizens can influence economic decisions made by 
government through legal political activities;
<nl>(B) compare the taxing and spending functions of national, state, and local 
levels of government;
<nl>(C) analyze the role of government in regulating competition of both 
producers and consumers;
<nl>(D) recognize that economic self-interest may also serve the economic and 
political interest of others; and
<nl>(E) compare the relationship of government and economic systems in the 
United States to other countries' systems (e.g., capitalism, socialism, 
communism).
<nl>(8) Application of social studies skills. The student shall be provided 
opportunities to:
<nl>(A) analyze, synthesize, and evaluate information;
<nl>(B) interpret visual materials (e.g., charts, maps, graphs, pictures;
<nl>(C) organize and express ideas in written forms;
<nl>(D) distinguish fact from opinion;
<nl>(E) sequence data and information;
<nl>(F) perceive cause-effect relationships;
<nl>(G) compare similarities and differences (e.g., political and economic 
systems, documents, political parties, leaders); and
<nl>(H) apply problem-solving and decision-making skills and predict 
consequences of decisions.
<nl>(n) World geography studies (one unit). Essential elements for world 
geography studies as described in this subsection shall be effective September 
1995. World geography studies shall include the following essential elements.
<nl>(1) Nature of geography. The student shall be provided opportunities to:
<nl>(A) explain the five themes of geography (location, place, human 
environmental interactions, movement, and regions) and the interrelationships 
that exist among the themes;
<nl>(B) define geographic terminology (including terms used to describe 
physical, economic, social, and cultural characteristics of places);
<nl>(C) use geographic tools and methodologies in various forms (e.g., ability 
to ask geographic questions, present geographic information, develop and test 
geographic generalizations, interpret maps, compare map projections); and
<nl>(D) explain the interrelationships among geography and other social, 
physical, and behavioral sciences.
<nl>(2) Physical setting of the earth. The student shall be provided 
opportunities to:
<nl>(A) analyze the relationship between earth and sun and the effects of the 
relationship on physical processes;
<nl>(B) identify major land forms, climate patterns, and vegetation features of 
the earth and the processes that produce them; and
<nl>(C) describe the physical and human processes (e.g., geological, 
hydrological, atmospheric, biological) that shape the earth's features in the 
lithosphere, hydrosphere, and atmosphere.
<nl>(3) Interactions of physical and cultural environments. The student shall be 
provided opportunities to:
<nl>(A) describe the interrelationships of people and their environments (e.g., 
how people interact to obtain resources to meet wants and needs, such as 
communications, trade, transportation; how people adapt to and modify the 
environment; how modifications and adaptations are influenced by the 
characteristics of the environment);
<nl>(B) explain the economic importance of water, energy sources, and other 
natural resources to regions;
<nl>(C) analyze the effects of unequal distribution of resources on the 
interregional movement of products, capital, and people;
<nl>(D) describe the agricultural base and land use patterns of regions in the 
developed and developing regions of the world;
<nl>(E) examine the uses, abuses, and preservation of natural resources and the 
physical environment; and
<nl>(F) describe the effects of technology on the environment.
<nl>(4) World regions. The student shall be provided opportunities to:
<nl>(A) identify multiple criteria for determining regions including the 
differences between functional and nodal regions;
<nl>(B) describe the physical setting of world regions;
<nl>(C) analyze world and regional population characteristics and patterns 
(e.g., distribution, density, growth, movements);
<nl>(D) describe the distribution of cultural characteristics (e.g., languages, 
religions/belief systems, political/economic systems, social institutions);
<nl>(E) identify major cultural, political, and economic activities within and 
among major world regions;
<nl>(F) describe settlement patterns in terms of rural/urban location, 
structure, growth patterns, and functions including the internal structure of 
cities;
<nl>(G) describe the absolute and relative location of important political units 
and physical features on the earth's surface; and
<nl>(H) analyze geographic influences on various issues (e.g., environmental, 
political, cultural, economic).
<nl>(5) Respect for self and others. The student shall be provided opportunities 
to:
<nl>(A) understand beliefs of various individuals, groups, and cultures; and
<nl>(B) be aware that some things are valued more in some groups and cultures 
than in others.
<nl>(6) Democratic beliefs and personal responsibilities. The student shall be 
provided opportunities to:
<nl>(A) understand the basic principles of the United States governmental 
system; and
<nl>(B) understand the basic civic values of American society (e.g., justice, 
religious/political freedom, cultural diversity, private property rights).
<nl>(7) Support for the American economic system. The student shall be provided 
opportunities to:
<nl>(A) understand the basic principles of the American economic system; and
<nl>(B) recognize that as individuals act in their own economic interest they 
may also serve the economic interest of others.
<nl>(8) Application of social studies skills. The student shall be provided 
opportunities to:
<nl>(A) analyze, synthesize, and evaluate information;
<nl>(B) interpret visual materials (e.g., charts, graphs, pictures, maps) ;
<nl>(C) distinguish fact from opinion;
<nl>(D) sequence data;
<nl>(E) perceive cause/effect relationships;
<nl>(F) organize and express ideas in written form;
<nl>(G) use problem-solving skills; and
<nl>(H) apply decision-making skills.
<nl>(o) Psychology (1/2 unit). Essential elements for psychology as described in 
this subsection shall be effective September 1995. Psychology shall include the 
following essential elements.
<nl>(1) Nature of psychology. The student shall be provided opportunities to:
<nl>(A) explain the fields of psychology;
<nl>(B) analyze the tools and techniques of psychology; and
<nl>(C) define the terminology of psychology.
<nl>(2) Human growth, development, and behavior. The student shall be provided 
opportunities to:
<nl>(A) explain stages of human growth and development;
<nl>(B) analyze factors involved in learning development;
<nl>(C) describe thinking and creative processes;
<nl>(D) explain motivation, emotion, and the relationship of the senses to 
perception;
<nl>(E) analyze and compare personality theories, testing, and assessment; and
<nl>(F) analyze and compare psychological disturbances and disorders.
<nl>(3) Development of the individual. The student shall be provided 
opportunities to:
<nl>(A) analyze self and the related issues of self-concept and self-esteem;
<nl>(B) explain relationship of individuals with other individuals and with 
groups;
<nl>(C) analyze dynamics of group behavior and impact of groups on individual 
behavior; and
<nl>(D) establish individual long- and short-term goal setting.
<nl>(4) Respect for self and others. The student shall be provided opportunities 
to:
<nl>(A) understand beliefs of other individuals, groups, and cultures;
<nl>(B) become aware that some things are valued more in some groups and 
cultures than in others; and
<nl>(C) recognize how societal values affect individual beliefs and attitudes.
<nl>(5) Democratic beliefs and personal responsibility. The student shall be 
provided opportunities to:
<nl>(A) recognize that individuals should accept the consequences of their 
beliefs, decisions, and actions; and
<nl>(B) examine open-mindedness, differing opinions, and compromise as important 
aspects of individual behavior.
<nl>(6) Application of social studies skills. The student shall be provided 
opportunities to:
<nl>(A) analyze, synthesize, and evaluate information;
<nl>(B) interpret visual materials;
<nl>(C) organize and express ideas in written form;
<nl>(D) distinguish fact from opinion;
<nl>(E) sequence data;
<nl>(F) perceive cause/effect relationships;
<nl>(G) compare similarities and differences; and
<nl>(H) apply problem-solving and decision-making skills and predict 
consequences of decisions.
(p) Sociology (1/2 unit). Essential elements for sociology as described in this 
subsection shall be effective September 1995. Sociology shall include the 
following essential elements.
<nl>(1) Nature of sociology. The student shall be provided opportunities to:
<nl>(A) explain sociology as a field of study;
<nl>(B) analyze major theoretical perspectives of sociology;
<nl>(C) analyze the research methods of sociology; and
<nl>(D) explain interrelationships of sociology to other fields of study (e.g., 
other social and behavioral sciences).
<nl>(2) Culture, socialization, groups, and institutions. The student shall be 
provided opportunities to:
<nl>(A) explain the processes of socialization;
<nl>(B) analyze types of groups (e.g., primary, secondary, nonintegrated) and 
interactions of groups;
<nl>(C) analyze structures and functions of social institutions;
<nl>(D) explain role of beliefs, traditions, values, symbols, sanctions, and 
norms (e.g., mores and folkways) in a culture; and
<nl>(E) analyze social problems in selected cultures.
<nl>(3) Social structure. The student shall be provided opportunities to:
<nl>(A) analyze status and roles of individuals in various situations and 
relationships; and
<nl>(B) analyze social stratification and social mobility.
<nl>(4) Communications. The student shall be provided opportunities to:
<nl>(A) explain forms of communications;
<nl>(B) describe the impact of media on individuals and groups; and
<nl>(C) analyze forms of propaganda and propaganda techniques.
<nl>(5) Causes and effects of cultural and social change. The student shall be 
provided opportunities to:
<nl>(A) explain the impact of industrialization, urbanization, technology, and 
population factors on individuals, groups, and cultures; and
<nl>(B) analyze effects of cross-cultural contacts, immigration, and subcultural 
diversity on individuals, groups, and cultures.
<nl>(6) Respect for self and others. The student shall be provided opportunities 
to:
<nl>(A) understand beliefs of individuals, groups, and cultures;
<nl>(B) be aware that some things are valued more in some groups and cultures 
than in others; and
<nl>(C) recognize how societal values affect individual beliefs, attitudes, and 
behavior.
<nl>(7) Democratic beliefs and personal responsibility. The student shall be 
provided opportunities to:
<nl>(A) recognize that individuals should accept the consequences of their 
beliefs, decisions, and actions; and
<nl>(B) examine open-mindedness, differing opinions, and compromise as important 
aspects of individual and group behavior.
<nl>(8) Application of social studies skills. The student shall be provided 
opportunities to:
<nl>(A) analyze, synthesize, and evaluate information;
<nl>(B) interpret visual materials (e.g., charts, graphs, pictures, maps) ;
<nl>(C) distinguish fact from opinion;
<nl>(D) sequence data;
<nl>(E) perceive cause/effect relationships;
<nl>(F) organize and express ideas in written form;
<nl>(G) use problem-solving skills; and
<nl>(H) apply decision-making skills.
sec.75.69. Economics with Emphasis on the Free Enterprise System and its 
Benefits (1/2 unit).
<nl>(a) Economics with emphasis on the free enterprise system and its benefits 
(Grades 11 and 12) <nl>(1/2 unit). Essential elements described in this 
subsection for economics with emphasis on the free enterprise system and its 
benefits shall be superseded by the essential elements described in subsection
(b) of this section effective September 1995. Economics with emphasis on the 
free enterprise system and its benefits <ol>shall include the following 
essential elements:
(1)-(4) (No change.)
(5) Social studies attitudes, values, and skills for citizenship as described in 
<nl>75.68(a)<ol>[75.48(a)] of this title (relating to Social Studies, Texas, and 
United States History) are included by reference.
<nl>(b) Economics with emphasis on the free enterprise system and its benefits 
(Grades 11 and 12) (1/2 unit). Essential elements for economics with emphasis on 
the free enterprise system and its benefits as described in this subsection 
shall be effective September 1995. Economics with emphasis on the free 
enterprise system and its benefits shall include the following essential 
elements.
<nl>(1) Nature of economics. The student shall be provided opportunities to:
<nl>(A) understand the fundamental concepts and principles of economics (e.g., 
scarcity, opportunity costs, specialization, functions of economic systems); and
<nl>(B) use the tools and techniques of economics (e.g., use of economic models, 
statistical analysis).
<nl>(2) American free enterprise system. The student shall be provided 
opportunities to:
<nl>(A) identify the characteristics, benefits, and goals of the American free 
enterprise (market) system;
<nl>(B) analyze the effect of supply and demand on prices;
<nl>(C) examine circular flow of economic activity;
<nl>(D) relate the business cycle, deflation, inflation, stagflation, and their 
association to economic conditions;
<nl>(E) analyze the role of economic incentives (e.g., profits, wages), 
voluntary exchange, private property rights, and competition;
<nl>(F) understand the role of business in the American free enterprise system;
<nl>(G) examine the roles of labor and consumers in the American free enterprise 
system;
<nl>(H) understand the relationship of the price mechanism to allocation of 
resources and distribution of income; and
<nl>(I) identify the factors of production and the income earned from each 
factor.
<nl>(3) Interrelationships between government and the American economic system. 
The student shall be provided opportunities to:
<nl>(A) understand government protection and regulation of operations of the 
market system;
<nl>(B) examine the budget-making process and the consequences of the 
government's budget;
<nl>(C) examine the organization and functions of the Federal Reserve System;
<nl>(D) analyze costs and benefits of government regulation of the market;
<nl>(E) evaluate economic performance of monetary and fiscal policies;
<nl>(F) understand the measurements of economic performance (e.g., gross 
national product, price indices, unemployment); and
<nl>(G) understand national income and price level determination (e.g., 
aggregate supply/demand, mechanics of central bank policy).
<nl>(4) American economic system and international economic relations. The 
student shall be provided opportunities to:
<nl>(A) compare types of economic systems (e.g., market, command, mixed, 
traditional);
<nl>(B) examine purposes, extent, and the impact of world trade on the United 
States' economy;
<nl>(C) define the concepts of comparative and absolute advantage;
<nl>(D) explain types of and effects of trade restrictions;
<nl>(E) understand the concepts of balance of trade and exchange rates;
<nl>(F) explain regional and international economic organizations and agreements 
(e.g., International Monetary Fund, Common Market/European Economic Community, 
General Agreement on Tariff and Trade, Agency for International Development, 
World Bank); and
<nl>(G) explain the concepts of developed, underdeveloped, developing economies.
<nl>(5) Consumer economics. The student shall be provided opportunities to:
<nl>(A) identify the rights and responsibilities of consumers;
<nl>(B) explain the market conditions and agencies that provide consumer 
protection;
<nl>(C) understand the use of credit and savings and how they affect the 
economy;
<nl>(D) define basic consumer terminology in the areas of credit, insurance, 
budgeting, and homeownership or leasing; and
<nl>(E) examine the income tax and other forms of taxes (e.g., excise, property, 
sales), and types of taxes (e.g., proportional, regressive, progressive).
<nl>(6) Respect for self and others. The student shall be provided opportunities 
to:
<nl>(A) understand beliefs of individuals, groups, and cultures;
<nl>(B) be aware that some things are valued more in some groups and cultures 
than in others; and
<nl>(C) recognize how societal values affect individual beliefs and attitudes.
<nl>(7) Democratic beliefs and personal responsibility. The student shall be 
provided opportunities to:
<nl>(A) understand the economic principles that underlie the United States 
Constitution, the Bill of Rights, and the Declaration of Independence;
<nl>(B) understand that economic rights and protections must be balanced with 
economic responsibilities;
<nl>(C) support the basic values related to the American economic system (e.g., 
justice, responsibilities, freedom, respect for the law, private property 
rights, free enterprise, voluntary exchange); and
<nl>(D) recognize that individuals must accept the consequences of their 
decisions.
<nl>(8) Support for the American economic system. The student shall be provided 
opportunities to:
<nl>(A) recognize the contributions of the American economic system to the 
standard of living of Americans;
<nl>(B) support the role of profit in the American market system;
<nl>(C) believe in the right of individuals to acquire, use, and dispose of 
property;
<nl>(D) support the freedom of consumers to choose how to spend their income;
<nl>(E) recognize that citizens can influence economic decisions made by 
government through legal political activities;
<nl>(F) acknowledge the role of government in regulating unreasonable restraint 
on competition by either producers or consumers;
<nl>(G) support competition by either producers or consumers;
<nl>(H) support competition as it affects the quantity and quality of goods and 
services produced; and
<nl>(I) recognize that as individuals act in their own economic interest they 
may also serve the economic interest of others.
<nl>(9) Application of social studies skills. The student shall be provided 
opportunities to:
<nl>(A) analyze, synthesize, and evaluate information;
<nl>(B) interpret visual materials (e.g., charts, graphs, pictures, maps) ;
<nl>(C) distinguish fact from opinion;
<nl>(D) sequence data;
<nl>(E) perceive cause/effect relationships;
<nl>(F) organize and express ideas in written form;
<nl>(G) use problem-solving skills; and
<nl>(H) apply decision-making skills.
sec.75.70. Business Education.
(a) Typewriting (1/2-one unit). <nl>Essential elements described in this 
subsection for typewriting shall be superseded by the essential elements 
described in subsection (t) of this section effective September 1993. (The 
keyboarding/word processing course will replace the typewriting course.) 
<ol>Typewriting shall include the essential elements in this subsection. 
Typewriting offered for one semester must include the elements in paragraphs (1) 
-(3) of this subsection. Typewriting offered for two semesters must include all 
of the elements in this subsection.
(1)-(7) (No change.)
(b) Accounting (1/2-one unit). <nl>Essential elements described in this 
subsection for accounting shall be superseded by the essential elements 
described in subsection (v) of this section effective September 1995. 
<ol>Accounting shall include the <nl>following<ol> essential elements [in this 
subsection. Accounting offered for one semester must include the elements in 
paragraphs (1) and (2) of this subsection. Accounting offered for two semesters 
must include all of the elements in this subsection].
(1)-(5) (No change.)
(c) (No change.)
(d) Business mathematics (1/2-one unit). Business mathematics shall include the 
<nl>following<ol> essential elements [in this subsection. Business mathematics 
offered for one semester must include the elements in paragraphs (1) and (2) of 
this subsection. Business mathematics offered for two semesters must include all 
of the elements in this subsection].
(1) (No change.)
(2) Personal business problems. The student shall be provided opportunities to:
(A)-(F) (No change.)
(G) <nl>determine the purchase <ol>cost [the purchase] of stocks;
(H) <nl>determine monthly payments using<ol> [use] an amortization table [for 
determining monthly payments];
(I)-(J) (No change.)
(3) (No change.)
(4) Computer applications. The student shall be provided opportunities to:
(A) develop <nl>designs<ol> [flowcharts] for solving many types of data 
processing problems; [and]
(B) interpret computer printouts<nl>; and <ol>[.]
<nl>(C) reinforce basic mathematics skills.
(5) Electronic information processes. The student shall be provided 
opportunities to [discuss the] use [of] current electronic methods of 
<nl>compiling, storing,<ol> [transferring funds] and accessing information as 
related to course content.
(e) Business communications (1/2-one unit). Business communications shall 
include the following essential elements.
(1) Communication skills. The student shall be provided opportunities to:
(A) <nl>enhance<ol> [refine] basic [grammar and] writing <nl>applications<ol> 
[skills];
(B)-(E) (No change.)
(F) <nl>select<ol> [choose] language, style, and format appropriate to message's 
purpose and audience; and
(G) (No change.)
(2) Listening skills. The student shall be provided opportunities to:
(A) <nl>understand differences <ol> [differentiate] between hearing and 
listening;
(B) provide verbal feedback <nl>to various spoken forms;
(C)-(D) (No change.)
(E) <nl>comprehend oral presentations by writing<ol> [write] summaries of 
<nl>various oral forms (i.e., meetings, presentations, conversations) 
<ol>[meetings].
(3) Oral communication. The student shall be provided opportunities to:
(A) (No change.)
(B) select and <nl>correctly<ol> use speech form and style appropriate to 
audience and purpose;
(C) interact in <nl>small or large<ol> group activities;
(D) <nl>exhibit<ol> [use] proper telephone techniques; and
(E) <nl>deliver<ol> [make] oral reports and presentations.
(4)-(5) (No change.)
(f) Career exploration (1/2 unit). <nl>Essential elements described in this 
subsection for career exploration shall be superseded by the essential elements 
described in subsection (s) of this section effective September 1992. (The 
introduction to business course will replace the career exploration and the 
personal business management courses.) <ol>Career exploration shall include the 
following essential elements.
(1)-(7) (No change.)
(g) Personal business management (1/2 unit). <nl>Essential elements described in 
this subsection for personal business management shall be superseded by the 
essential elements described in subsection (s) of this section effective 
September 1992. (The introduction to business course will replace the personal 
business management and the career exploration courses.) <ol>Personal business 
management shall include the following essential elements.
(1)-(5) (No change.)
(h) Recordkeeping (1/2-one unit). Recordkeeping shall include the 
<nl>following<ol> essential elements [in this subsection. Recordkeeping offered 
for one semester must include the elements in paragraphs (1)-(3) of this 
subsection. Recordkeeping offered for two semesters must include all of the 
elements in this subsection].
(1) (No change.)
(2) Banking. The student shall be provided opportunities to:
(A) identify <nl>various types <ol> [different kinds] of banking services;
(B) open and maintain <nl>various types <ol> [different kinds] of bank accounts;
(C)-(D) (No change.)
(3) Money management. The student shall be provided opportunities to:
(A) (No change.)
(B) [learn how to] obtain and use credit;
(C)-(E) (No change.)
(4)-(6) (No change.)
(7) <nl>Technological<ol> [Electronic information] processes. The student shall 
be provided opportunities to <nl>understand and demonstrate<ol> [discuss] the 
use of current electronic methods of inventory control, transferring funds, and 
accessing database information as related to course content.
(i) (No change.)
(j) Advanced accounting (1/2-one unit). <nl>Essential elements described in this 
subsection for advanced accounting shall be superseded by the essential elements 
described in subsection (w) of this section effective September 1995. 
<ol>Advanced accounting shall include the <nl>following <ol> essential elements 
[in this subsection. Advanced accounting offered for one semester must include 
the elements in paragraphs (1)-(5) of this subsection. Advanced accounting 
offered for two semesters must include all of the elements in this subsection].
(1)-(11) (No change.)
(k) Business and consumer law (1/2 unit). <nl>Essential elements described in 
this subsection for business and consumer law shall be superseded by the 
essential elements described in subsection (u) of this section effective 
September 1994. (The business law course will replace the business and consumer 
law course.) <ol>Business and consumer law shall include the following essential 
elements.
(1)-(7) (No change.)
(1) (No change.)
(m) Business management and ownership (1/2-one unit). Business management and 
ownership shall include the <nl>following <ol> essential elements [in this 
subsection. Business management and ownership offered for one semester must 
include the elements in paragraphs (1)-(3) of this subsection. Business 
management and ownership offered for two semesters must include all of the 
elements in this subsection].
(1)-(8) (No change.)
(n)-(s) (No change.)
<nl>(t) Keyboarding/word processing (1/2-one unit). Essential elements for 
keyboarding/word processing as described in this subsection shall be effective 
September 1993. Keyboarding/word processing shall include the essential elements 
in this subsection. Keyboarding/word processing offered for one semester must 
include the elements in paragraphs (1)-(4) of this subsection. Keyboarding/word 
processing offered for two semesters must include all of the elements in this 
subsection.
<nl>(1) Keyboard mastery techniques. The student shall be provided opportunities 
to:
<nl>(A) demonstrate correct body and hand position;
<nl>(B) learn the spatial arrangement of the keyboard;
<nl>(C) use correct fingering for keystroking;
<nl>(D) operate various machine parts; and
<nl>(E) practice proper care of equipment.
<nl>(2) Speed and accuracy in keyboarding. The student shall be provided 
opportunities to:
<nl>(A) practice response patterns for keystroking;
<nl>(B) practice skill building drills and exercises;
<nl>(C) practice paced keystroking for accuracy;
<nl>(D) force pace of keystroking for higher speeds; and
<nl>(E) sustain keystroking speed for longer periods of time.
<nl>(3) Copy-arrangement. The student shall be provided opportunities to:
<nl>(A) practice horizontal and vertical centering;
<nl>(B) practice columnar tabulation;
<nl>(C) understand and practice letter placement; and
<nl>(D) understand and practice correct composition formats.
<nl>(4) Communication skills. The student shall be provided opportunities to:
<nl>(A) practice proofreading, spelling, word division, and punctuation;
<nl>(B) understand and demonstrate skill in use of correction techniques; and
<nl>(C) compose at keyboard.
<nl>(5) Word processing applications. The student shall be provided 
opportunities to:
<nl>(A) interpret and follow directions;
<nl>(B) key input from various sources (e.g., handwritten copy, rough drafts, or 
transfers from other documents);
<nl>(C) process documents (e.g., format, edit, revise, rearrange);
<nl>(D) demonstrate methods of document output and distribution; and
<nl>(E) store and retrieve documents.
<nl>(6) Production competencies. The student shall be provided opportunities to:
<nl>(A) organize materials, resources, and work station;
<nl>(B) make copy arrangement decisions;
<nl>(C) produce usable copy under timed situations.
(u) Business law (1/2-one unit). Essential elements for business law as 
described in this subsection shall be effective September 1994. Business law 
shall include the following essential elements.
<nl>(1) Origin of and necessity for a court system. The student shall be 
provided opportunities to:
<nl>(A) distinguish between constitutional, statutory, common, and 
administrative law;
<nl>(B) understand the organizational structure of our court systems;
<nl>(C) distinguish between a felony and a misdemeanor; and
<nl>(D) distinguish between a tort and a crime.
<nl>(2) Characteristics of contracts. The student shall be provided 
opportunities to:
<nl>(A) identify the essentials of an enforceable contract; and
<nl>(B) discuss the rights and obligations of both the assignor and the assignee 
in contracts;
<nl>(C) understand liability of a principal to a third party for the acts of an 
agent or employee; and
<nl>(D) analyze relationships between employee and employer.
<nl>(3) Buying goods and services. The student shall be provided opportunities 
to:
<nl>(A) define a purchasing contract;
<nl>(B) differentiate between express warranties and implied warranties made by 
the seller;
<nl>(C) clarify the debtor and creditor relationship;
<nl>(D) define the essentials of a negotiable instrument;
<nl>(E) discuss consumer protection laws; and
<nl>(F) understand a holder in due course and the liability for a negotiable 
instrument; and
<nl>(G) understand bankruptcy laws.
<nl>(4) Personnal and real property. The student shall be provided opportunities 
to:
<nl>(A) distinguish between personal and real property;
<nl>(B) distinguish between a bailment and a sales relationship; and
<nl>(C) understand rental contracts and leases regarding the rights and 
obligations of landlords and tenants.
<nl>(5) Economic protection. The student shall be provided opportunities to:
<nl>(A) understand the importance of wills; and
<nl>(B) determine priority in the distribution of an estate when there is no 
will.
<nl>(6) Business ethics. The student shall be provided opportunities to:
<nl>(A) consider the importance of ethics in the workplace; and
<nl>(B) consider the importance of ethics in customer relations.
<nl>(v) Accounting (1/2-one unit). Essential elements for accounting as 
described in this subsection shall be effective September 1995. Accounting shall 
include the following essential elements.
<nl>(1) Accounting as an information system. The student shall be provided 
opportunities to:
<nl>(A) acquire and apply the language and vocabulary of business;
<nl>(B) understand the importance of accurate records;
<nl>(C) locate, analyze, and interpret financial data; and
<nl>(D) understand the accounting equation.
<nl>(2) Processing financial data for the three forms of business organization-
proprietorship, partnership, corporation. The student shall be provided 
opportunities to:
<nl>(A) understand the purposes of and procedures for recording transactions;
<nl>(B) analyze source documents;
<nl>(C) classify, organize, and record data;
<nl>(D) follow specialized procedures in completing the accounting cycle; and
<nl>(E) prepare financial statements.
<nl>(3) Computerized accounting applications. The student shall be provided 
opportunities to:
<nl>(A) prepare data for processing;
<nl>(B) format and process data for specific uses including spreadsheets;
<nl>(C) prepare numerical data by use of keypad using touch method;
<nl>(D) verify output data for accuracy; and
<nl>(E) relate basic steps of data cycle to steps of the accounting cycle.
<nl>(4) Taxes, notes, drafts, and depreciation. The student shall be provided 
opportunities to:
<nl>(A) calculate and record sales tax;
<nl>(B) calculate and record business property taxes;
<nl>(C) record notes receivable and notes payable;
<nl>(D) process drafts, bills of lading, and trade acceptances; and
<nl>(E) calculate and record various methods of depreciation including straight 
line and accelerated processes.
<nl>(5) Partnerships. The student shall be provided opportunities to:
<nl>(A) form and terminate partnerships; and
<nl>(B) divide earnings and losses.
<nl>(6) Payrolls. The student shall be provided opportunities to compute, 
maintain, and report payroll information including taxes and tax forms.
<nl>(7) Career opportunities and business ethics. The student shall be provided 
opportunities to:
<nl>(A) explore range of possible careers in the accounting field and 
preparation necessary for entry level jobs as wells as for higher education; and
<nl>(B) understand the importance of professional business ethics relating to 
all careers.
<nl>(8) Technological processes. The student shall be provided opportunities to 
understand and demonstrate use of current methods of transferring funds and 
accessing database information related to course content.
(w) Advanced accounting (1/2-one unit). Essential elements for advanced 
accounting as described in this subsection shall be effective September 1995. 
Advanced accounting shall include the following essential elements.
<nl>(1) Basic principles and procedures. The student shall be provided 
opportunities to:
<nl>(A) reinforce logical structure and reasoning processes; and
<nl>(B) compile various financial reports for internal use and for governmental 
agency use.
<nl>(2) Adjustment accounts. The student shall be provided opportunities to:
<nl>(A) estimate uncollectible accounts receivable;
<nl>(B) comply with various generally accepted accounting principles and 
government regulations for acquiring, depreciating, depleting, and disposing of 
fixed assets;
<nl>(C) dispose of buildings and land; and
<nl>(D) record and adjust accrual and deferral accounts.
<nl>(3) Control systems. The student shall be provided opportunities to:
<nl>(A) use a voucher system;
<nl>(B) compute value of inventories and determine procedures for inventory 
control;
<nl>(C) design a budgetary control system; and
<nl>(D) record departmentalized transactions.
<nl>(4) Computerized accounting operations. The student shall be provided 
opportunities to:
<nl>(A) develop a working knowledge of the numbering system for the chart of 
accounts;
<nl>(B) use the batch process to record transactions in journal entry 
transmittals;
<nl>(C) convert data from journal entry transmittals to input media;
<nl>(D) process financial statements; and
<nl>(E) develop spreadsheets to solve specific accounting problems.
<nl>(5) Management tools. The student shall be provided opportunities to:
<nl>(A) determine working capital;
<nl>(B) analyze financial statements;
<nl>(C) develop information for decision making; and
<nl>(D) evaluate alternative solutions to business problems.
<nl>(6) Corporate accounting. The student shall be provided opportunities to:
<nl>(A) interpret certificates of incorporation;
<nl>(B) record transactions for starting a corporation;
<nl>(C) differentiate between common and preferred stock;
<nl>(D) process stock transfers;
<nl>(E) journalize procedures for paying dividends; and
<nl>(F) analyze the equity of a corporation.
<nl>(7) Cost accounting. The student shall be provided opportunities to:
<nl>(A) prepare cost sheets; and
<nl>(B) record and interpret entries related to direct and indirect costs.
<nl>(8) Career opportunities and business ethics. The student shall be provided 
opportunities to:
<nl>(A) understand the different roles of accountants in the public and private 
sectors as well as within society in general; and
<nl>(B) understand the importance of professional business ethics relating to 
accounting careers.
sec.75.85. Industrial Technology Education.
(a) The elements in this subsection are common to all industrial technology 
education courses unless otherwise indicated and shall be included in each 
course at the appropriate level. They are described here to preclude repetition 
in each course. Every school offering industrial technology education shall 
provide courses which include the following essential elements.
(1) Leadership concepts and skills. The student shall be provided opportunities 
to:
(A) <nl>identify<ol> [demonstrate] skills, characteristics, and responsibilities 
of leaders and effective group members; <nl>and
[(B) demonstrate a knowledge of parliamentary procedure principles;]
<nl>(B)<ol>[(C)] plan and conduct leadership activities  <nl>using parliamentary 
procedures. <ol>[; and]
[(D) prepare for effective citizenship and for participation in our democratic 
society.]
(2) Concepts and skills related to successful employment and/or postsecondary 
training. The student shall be provided opportunities to:
(A) identify employment opportunities and preparation requirements [in chosen 
fields];
(B) (No change.)
[(C) demonstrate effective communication skills both oral and written and follow 
through on assigned tasks;
[(D) demonstrate dependability and punctuality;]
<nl>(C)<ol>[(E)] demonstrate productive work habits and attitudes; <nl>and
<nl>(D)<ol>[(F)] <nl>describe <ol> [understand] the importance of taking pride 
in the quality of work performed <nl>.<ol>[;]
[(G) recognize the dignity in work;
[(H) develop skills in planning and organizing work;
[(I) apply required methods and sequences when performing tasks;
[(J) apply principles of time management and work simplification when performing 
assigned tasks;
[(K) identify ethical practices and responsibilities; and
[(L) understand the importance of the application of organizational policies and 
procedures.]
(3) Concepts and skills associated with entrepreneurship. The student shall be 
provided opportunities to:
[(A) identify opportunities for business ownership;]
<nl>(A)<ol>[(B)] <nl>describe <ol> [understand] the risk and profit motive 
factor; <nl>and
[(C) understand the elements and advantages of the free enterprise system; and]
<nl>(B)<ol>[(D)] explain the role of small business in the free enterprise 
system.
[(4) Concepts and skills associated with human relations and personality 
development. The student shall be provided opportunities to:
[(A) understand the importance of maintaining good health and proper appearance 
for effective job performance;
[(B) understand oneself and others;
[(C) exercise self-control;
[(D) accept and use criticism;
[(E) recognize basic human relationships as they relate to business success; and
[(F) demonstrate characteristics for successful working relationships.
[(5) Concepts and skills related to personal and business management. The 
student shall be provided opportunities to:
[(A) explain how management assists in reaching personal and family goals;
[(B) explain the management process;
[(C) describe the role of management in controlling stress;
[(D) identify and understand personal checking accounts;
[(E) identify and understand personal loan application processes;
[(F) identify and understand different financial institutions;
[(G) identify the role and functions of business management;
[(H) understand the lines of authority; and
[(I) identify effective supervisory techniques.]
<nl>(4)<ol>[(6)] Concepts and skills related to the application of safety 
practices. The student shall be provided opportunities to:
(A)-(C) (No change.)
<nl>(5)<ol>[(7)] Concepts and skills related to social/cultural impacts of 
technology. The student shall be provided opportunities to:
(A)-(B) (No change.)
(C) <nl>project<ol> [predict] how selected technological developments 
<nl>may<ol> [will] impact future cultures and societies; and
(D) (No change.)
<nl>(6)<ol>[(8)] Concepts and skills related to the <nl>daily<ol> application of 
technology [to daily life]. The student shall be provided opportunities to:
(A)-(B) (No change.)
(A) <nl>service<ol> [practice the servicing of] selected products and equipment 
of technology;
(D)-(F) (No change.)
<nl>(7)<ol>[(9)] Concepts and skills related to the tools, materials, and 
processes of technology. The student shall be provided opportunities to:
(A) <nl>demonstrate the proper <ol> [become proficient in the] use of 
appropriate tools, machines, and equipment;
(B)-(D) (No change.)
<nl>(8)<ol>[(10)] Concepts and skills related to the application of problem 
solving techniques. The student shall be provided opportunities to:
(A)-(C) (No change.)
(b) Communication systems (1/2-one unit). Communication systems is a laboratory-
oriented course that includes the common essential elements for industrial 
technology education, plus concepts and skills related to communication systems. 
The student shall be provided opportunities to:
(1)-(2) (No change.)
(3) use appropriate drafting <nl>standards <ol> [conventions] to describe the 
shape and size of products and objects;
(4) <nl>use a computer-generated publishing system<ol> [utilize appropriate 
photographic, graphic, electronic, and telecommunication equipment to produce 
communication products];
(5) apply drafting <nl>standards<ol> [conventions] to produce drawings in the 
fields of manufacturing and construction graphics;
(6)-(8) (No change.)
(9) <nl>explore<ol> [apply the principles of] telecommunication <nl>systems<ol>; 
and
(10) investigate <nl>the applications of communication systems in a space 
environment<ol> [space-based information services through satellite systems].
(c)-(d) (No change.)
(e) Communication graphics (1/2-one unit). Communication graphics is a 
laboratory-oriented course that includes the common essential elements for 
industrial technology education, plus concepts and skills related to 
communication graphics. The student shall be provided opportunities to:
(1)-(5) (No change.)
(6) <nl>use a computer generated publishing system<ol> [design and produce 
graphic arts materials];
(7)-(8) (No change.)
(9) investigate <nl>the applications of communication graphics in a space 
environment<ol> [space-based information services through satellite systems].
(f) Energy systems (1/2-one unit). Energy systems is a laboratory-oriented 
course that includes the common essential elements for industrial technology 
education, plus concepts and skills related to energy systems. The student shall 
be provided opportunities to:
(1) (No change.)
(2) <nl>construct and apply <ol> [investigate] conventional and alternate 
sources of energy;
(3) (No change.)
(4) analyze and apply the principles of mechanical, electrical, and 
<nl>fluid<ol> [fluidic] power;
(5)-(7) (No change.)
(8) <nl>apply<ol> [investigate] methods of transporting people <nl>, materials 
and information in all environments<ol> [and cargo];
[(9) experiment with land, marine, air, and space transportation environments;]
<nl>(9)<ol>[(10)] explore the impact energy systems will have in the future; and
<nl>(10)<ol>[(11)} investigate <nl>the application of energy in a space 
environment. <ol> [space-based energy technology through researching power 
generation and transmission techniques.]
(g)-(k) (No change.)
(l) Technology systems (1/2-one unit). <nl>Essential elements described in this 
subsection for technology systems shall be superseded by the essential elements 
described in subsection (q) of this section effective September 1993. 
<ol>Technology systems is a laboratory-oriented course that includes the common 
essential elements for industrial technology education, plus the following 
essential elements.
(1)-(3) (No change.)
(m)-(p) (No change.)
<nl>(q) Technology systems (1/2-one unit). Essential elements described in this 
subsection for technology systems shall be effective in September 1993. 
Technology systems is a laboratory-oriented course that includes the common 
essential elements for industrial technology education, plus the following 
concepts and skills related to communication, energy, and production technology. 
The student shall be provided opportunities to:
<nl>(1) use sketching techniques to develop drawing format and graphic problem 
solving;
<nl>(2) describe objects accurately through the principles of shape and size 
description;
<nl>(3) develop products using photographic materials and equipment;
<nl>(4) design and produce graphic arts materials;
<nl>(5) explore the major electronic communication systems, including 
telecommunication;
<nl>(6) apply computer software to design and make drawings;
<nl>(7) explore the conversion, control, storage, and transmission of various 
forms of energy;
<nl>(8) demonstrate the use of conventional and alternate sources of energy;
<nl>(9) apply and explain the principles of internal/external combustion 
engines;
<nl>(10) demonstrate the principles of mechanical, electrical, and fluid power;
<nl>(11) explore the basic principles of electrical systems;
<nl>(12) investigate the methods of transporting people, material, and 
information;
<nl>(13) apply production processes of casting, forming, separating, 
conditioning, assembling, and finishing to selected materials;
<nl>(14) use the manufacturing management components, such as planning, 
organizing, directing, and controlling personnel, to design, engineer, produce, 
and market a product;
<nl>(15) investigate the construction subsystems of design, management, and 
building;
<nl>(16) apply automated systems in the production of products, including 
robotics and computer numerical control (CMC);
<nl>(17) organize a construction enterprise to design and build a simulated 
structure;
<nl>(18) identify the criteria for selecting materials used in the various types 
of construction; and
<nl>(19) explore applications of communication, energy, and production 
technology in a space environment.
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 19, 1991.
TRD-9112191
Criss Cloudt
Director, Planning Coordination
Texas Education Agency
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-9701
       
TITLE 22. EXAMINING BOARDS
Part V. State Board of Dental Examiners
Chapter 109. Conduct.
Fair Dealing
22 TAC sec.109.144
The Texas State Board of Dental Examiners proposes an amendment to sec.109. 144, 
concerning fair dealing records and their transfer. The section requires a 
dentist practicing dentistry in Texas to make, maintain, and keep adequate 
records of the diagnosis made and treatment performed for and upon each of his 
patients for future reference for a period of not less than five years. The 
patient may inspect such records after making an appointment with the dentist. 
Records may be transferred to another licensed dentist for continued treatment. 
Copies of records are also available to insurance companies.
C. Thomas Camp, 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. Camp also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to provide for the protection of public health and welfare and 
enhance the quality of dental health care in Texas, and to provide the public 
access to information. 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 Mei Ling Clendennen, Texas State 
Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, 
(512) 477-2985.
The amendment is proposed under Texas Civil Statutes, Article 4551f(6)(a)-(c), 
which provide the Texas State Board of Dental Examiners with the authority to 
adopt and enforce such rules and regulations not inconsistent with the laws of 
the state as may be necessary for the performance of its duties and/or to ensure 
compliance with the state laws relating to the practice of dentistry to protect 
the public health and safety.
sec.109.144. Records and Their Transfer.
(a) (No change.)
(b) A Texas Dental licensee practicing dentistry in Texas shall make, maintain, 
and keep adequate records of the diagnosis made and the treatment performed for 
and upon each of his dental patients for reference, identification, and 
protection of the patient and the dentist for a period of not less than five 
years, and such records shall be available for inspection by the patient after 
and upon appointment with the dentist. This shall not prohibit the transfer of 
<nl>a copy of <ol> records to another dentist, <nl>licensed by the board,<ol> 
for continued treatment, [or] to an agreed designated consultant, for 
ascertainment of facts,  <nl>to the patient, or to insurance companies for the 
purpose of determining benefits.
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 30, 1991.
TRD-9112093
C. Thomas Camp
Executive Director
Texas State Board of Dental Examiners
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 477-2985
       
22 TAC sec.109.181
The Texas State Board of Dental Examiners proposes new  s109.181, concerning 
retired status-educational or other requirements. The section may require 
continuing or remedial education of a retired dentist who has applied to the 
board to be reinstated in active practice. The dentist must be in compliance 
with any board order in effect. The dentist must not have any felony convictions 
during his retired status. The dentist must comply with all board requirements.
C. Thomas Camp, 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. Camp, also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to bring Agency rules into compliance with the new statutes as 
passed by the Legislature. Also, to provide for the protection of public health 
and welfare and enhance the quality of dental health care in Texas, and to 
provide the public access to information. 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 Mei Ling Clendennen, Texas State 
Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, 
(512) 477-2985.
The new section is proposed under Texas Civil Statutes, Article 4551f(6)(a) -
(c), which provide the Texas State Board of Dental Examiners with the authority 
to adopt and enforce such rules and regulations not inconsistent with the laws 
of the state as may be necessary for the performance of its duties and/or to 
ensure compliance with the state laws relating to the practice of dentistry to 
protect the public health and safety.
sec.109.181. Educational or Other Requirements.
(a) The board may require continuing or remedial education courses of a retired 
dentist who has applied to the board to reinstate the dental license to active 
status to re-enter active practice. A dentist who applies to re-enter active 
practice must comply with all other applicable provisions of the Dental Practice 
Act and Rules of the board and must not have been convicted of any felony 
offense during the term of retired status. Further, at the time retired status 
was granted, the dentist must have been in compliance or satisfied all 
conditions of any board order that may have been in effect.
(b) The board may, in its discretion, determine other requirements to re-enter 
active practice in keeping with public health and safety.
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 30, 1991.
TRD-9112096
C. Thomas Camp
Executive Director
Texas State Board of Dental Examiners
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 477-2985
       
Chapter 113. Requirements for Dental Offices
22 TAC sec.113.5
The Texas State Board of Dental Examiners proposes new  s113.5, concerning 
employment of dental hygienists. The section requires that a dentist cannot 
employ more than two dental hygienists to practice dental hygiene for one 
dentist at any one time.
C. Thomas Camp, 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. Camp also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to bring Agency rules into compliance with the new statutes as 
passed by the Legislature. Also, to provide for the protection of public health 
and welfare and enhance the quality of dental health care in Texas, and to 
provide the public access to information. 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 Mei Ling Clendennen, Texas State 
Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, 
(512) 477-2985.
The new section is proposed under Texas Civil Statutes, Article 4551f(6)(a) -
(c), which provide the Texas State Board of Dental Examiners with the authority 
to adopt and enforce such rules and regulations not inconsistent with the laws 
of the state as may be necessary for the performance of its duties and/or to 
ensure compliance with the state laws relating to the practice of dentistry to 
protect the public health and safety.
sec.113.5. Employment of Dental Hygienists. A dentist may not employ more than 
two dental hygienists, or the equivalent thereof, to practice dental hygiene for 
one dentist at any one time, regardless of the employment or contractual 
relationships.
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 30, 1991.
TRD-9112095
C. Thomas Camp
Executive Director
Texas State Board of Dental Examiners
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 477-2985
       
Chapter 114. Extension of Duties of Auxiliary Personnel-Dental Assistants
22 TAC sec.114.1
The Texas State Board of Dental Examiners proposes new  s114.1, concerning 
permitted duties. The section requires that a dental assistant may perform a 
dental act(s) delegated by a dentist, that are capable of being reversed or 
corrected and which hold no potential or actual harm to the patient. The dentist 
shall remain responsible for any such act.
C. Thomas Camp, 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. Camp also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to bring agency rules into compliance with the new statutes as 
passed by the Legislature. Also, to provide for the protection of public health 
and welfare and enhance the quality of dental health care in Texas, and to 
provide the public access to information. 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 Mei Ling Clendennen, Texas State 
Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, 
(512) 477-2985.
The new section is proposed under Texas Civil Statute, Article 4551f(6)(a)-(c) , 
which provides the Texas State Board of Dental Examiners with the authority to 
adopt and enforce such rules and regulations not inconsistent with the laws of 
the state as may be necessary for the performance of its duties and/or to ensure 
compliance with the state laws relating to the practice of dentistry to protect 
the public health and safety.
sec.114.1. Permitted Duties. <ol> In delegating a dental act, or acts, to a 
dental assistant, the dentist shall delegate only those acts of which, after 
being performed by the dental assistant, the results are capable of being 
reversed or corrected, and which hold no potential or actual harm for the 
patient. The delegating dentist shall remain responsible for any delegated act.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 30, 1991.
TRD-9112094
C. Thomas Camp
Executive Director
Texas State Board of Dental Examiners
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 477-2985
       
Chapter 115. Extension of Duties of Auxiliary Personnel-Dental Hygiene
22 TAC sec.115.3
The Texas State Board of Dental Examiners proposes an amendment to sec.115.3, 
concerning institutional employment. The section allows custodial care 
institutions (public or private) to employ a dental hygienist when a licensed 
dentist is on the staff of said institution, after approval by the state board. 
The hygienist is still governed by the same laws and rules pertaining to 
supervision and responsibility as a hygienist in the employ of a dentist in 
private practice. The hygienist may perform those duties permitted under the 
supervision and responsibility of a licensed dentist. Locations for performance 
must have board approval prior to commencing such procedure in the location.
C. Thomas Camp, 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. Camp 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 to provide for the protection of public health and welfare and 
enhance the quality of dental health care in Texas, and to provide the public 
access to information. 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 Mei Ling Clendennen, Texas State 
Board of Dental Examiners, 327 Congress Avenue, Suite 500, Austin, Texas 78701, 
(512) 477-2985.
The amendment is proposed under Texas Civil Statutes, Article 4551f(6)(a)-(c), 
which provide the Texas State Board of Dental Examiners with the authority to 
adopt and enforce such rules and regulations not inconsistent with the laws of 
the state as may be necessary for the performance of its duties and/or to ensure 
compliance with the state laws relating to the practice of dentistry to protect 
the public health and safety.
sec.115.3. Institutional Employment.
(a) Custodial care institutions (either public or private or which qualify as a 
hospital or school) may be allowed to employ a dental hygienist when a licensed 
dentist in on the staff of such institution and after approval by the state 
board. Any hygienist employed by such institution is subject to the same laws 
and rules pertaining to [general and direct] supervision <nl>and 
responsibility<ol> as a hygienist in the employ of a dentist in private 
practice.
(b) A licensed hygienist may perform those duties permitted by board rule in a 
long-term health care facility licensed by the State of Texas, provided all such 
duties performed must be on the patients of records and under the [direct] 
supervision <nl>and responsibility<ol> of a dentist.
<nl>(c) Locations for the performance of a dental procedure other than those 
named in the Dental Practice Act must be approved by the board as a proper 
location prior to commencing such procedure in the location.
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 30, 1991.
TRD-9112097
C. Thomas Camp
Executive Director
Texas State Board of Dental Examiners
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 477-2985
       
Part XVI. Texas State Board of Physical Therapy Examiners
Chapter 321. Definitions
22 TAC sec.321.1
The Texas State Board of Physical Therapy Examiners proposes an amendment to 
sec.321.1, concerning definitions. Rather than refering to another document, the 
board has included a more explicit explanation of the responsibilities which a 
physical therapist may give to a physical therapist assistant.
Sherry L. Lee, executive director, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Ms. Lee also has determined that for each year of the first five years the 
section is in effect there will be no public benefit anticipated as a result of 
enforcing the section. 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 Sherry L. Lee, 313 East Rundberg, 
Suite 113, Austin, Texas 78753.
The amendment is proposed under Texas Civil Statutes, Article 4512e, sec.3(e), 
which provide the Texas State Board of Physical Therapy Examiners with the 
authority to adopt rules consistent with the Texas Physical Therapy Practice Act 
to carry out its duties in administering the Act.
sec.321.1. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise.
 Physical therapist assistant-The supervision of the physical therapist 
assistant shall include the following.
(A)-(C) (No change.)
(D) The physical therapist may assign responsibilities to the physical therapist 
assistant <nl>to:
<nl>(i)<nl> provide physical therapy services as specified in the plan of care 
developed by the physical therapist which includes;
<nl>(I) preparing patients, treatment areas, and equipment;
<nl>(II) implementing treatment programs that include therapeutic exercises; 
gait training and techniques; ADL training techniques; administration of 
therapeutic heat and cold; administration of ultrasound; administration of 
therapeutic electric current; administration of ultraviolet; application of 
traction; performance of intermittent venous compression; application of 
external bandages, dressings, and support; performance of goniometric 
measurement;
<nl>(III) modifying treatment techniques as indicated in the plan of care;
<nl>(ii)<nl> respond to acute changes in physiological state;
<nl>(iii)<nl> teach other health care providers, patients. and families to 
perform selected treatment procedures and functional activities;
<nl>(iv)<nl> identify architectural barriers;
<nl>(v) <nl> interact with patients and families in a manner which provides the 
desired psycho-social support by:
<nl>(I) recognizing his own reaction to illness and disability;
<nl>(II) recognizing patients' and families' reactions to illness and 
disability;
<nl>(III) respecting individual cultural, religious, and socio-economic 
differences in people;
<nl>(IV) utilizing appropriate communicative processes;
<nl>(vi) <nl> demonstrate appropriate and effective written, oral, and nonverbal 
communication with patients and their families, colleagues, and the public;
<nl>(vii)<nl> recognize his own strengths and limitations and interpret for 
others his scope and function;
<nl>(viii) <nl> demonstrate safe, ethical, and legal practice;
<nl>(ix) <nl> understand basic concepts related to the health care system 
including multidisciplinary team approach, quality care governmental agencies 
private sector, role of other health care providers, health care facilities, 
issues, and problems;
<nl>(x)<nl> understand basic principles of levels of authority and 
responsibility, planning, time managementm supervisory process, performance 
evaluations, policies and procedures, and fiscal consideration (provider and 
consumer). <ol> [as defined in the Accreditation Handbook, The American Physical 
Therapy Association, January, 1985. Refer to standard VI, criterion B, 
subsection 2, pages 28 and 29.]
<nl>(E) The physical therapist assistant may not:
<nl>(i)  specify and/or perform definitive (decisive, conclusive, final) 
evaluative and assessment procedures;
(ii) alter <nl>a plan of care<ol> [treatment programs] or goals;
(iii) recommend wheelchairs, orthoses, prostheses, other assistive devices, or 
alterations to architectural barriers to persons [other than a physical 
therapist];
(iv) file documents for permanent record until approved by a physical therapist; 
or sign progress notes which include assessments used to design or modify 
patient care.
[(E) The physical therapist assistant will respond to acute changes in the 
patients physiological state.]
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 October 3, 1991.
TRD-9112216
Sherry L. Lee
Executive Director
Texas State Board of Physical Therapy Examiners
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 835-1846
       
Chapter 329. Licensing Procedure
22 TAC sec.329.1
The Texas State Board of Physical Therapy Examiners proposes an amendment to 
sec.329.1, concerning physical therapy licensing. The proposal amends the rule 
in adherence to the Texas Education Code, sec.57.491, which mandates that 
licensing entities may not renew licenses of persons who have defaulted on Texas 
guaranteed student loans until they have a repayment plan.
Sherry L. Lee, executive director, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Ms. Lee also has determined that for each year of the first five years the 
section is in effect there will be no public benefit anticipated as a result of 
enforcing the section. 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 Sherry L. Lee, 313 East Rundberg, 
Suite 113, Austin, Texas 78753.
The amendment is proposed under Texas Civil Statutes, Article 4512e, sec.3(e), 
which provide the Texas State Board of Physical Therapy Examiners with the 
authority to adopt rules consistent with the Texas Physical Therapy Practice Act 
to carry out its duties in administering the Act.
sec.329.1. Licensing Procedure.
(a)-(j) (No change.)
<nl>(k) Defaulters on Texas guaranteed student loans. The board will issue an 
initial license to a person who has defaulted on a Texas guaranteed student loan 
but will not renew the license until a repayment plan has been entered into with 
the Texas Guaranteed Student Loan Corporation (TGSLC) and a copy of the 
certification repayment agreement from the TGSLC filed with the board office.
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 October 3, 1991.
TRD-9112219
Sherry L. Lee
Executive Director
Texas State Board of Physical Therapy Examiners
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 835-1846
       
Chapter 341. License Renewal
22 TAC sec.341.5
The Texas State Board of Physical Therapy Examiners proposes new sec.341.5, 
concerning defaulters on Texas guaranteed student loans. The new section is 
needed in compliance with the Texas Education Code, sec.57.491, to prohibit the 
renewal of a license of a person who has defaulted on a Texas guaranteed student 
loan unless a repayment plan is in place.
Sherry L. Lee, executive director, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Ms. Lee also has determined that for each year of the first five years the 
section is in effect there will be no public benefit anticipated as a result of 
enforcing the section. 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 Sherry L. Lee, 313 East Rundberg, 
Suite 113, Austin, Texas 78753.
The new section is proposed under Texas Civil Statutes, Article 4512e, sec.3(e) 
, which provide the Texas State Board of Physical Therapy Examiners with the 
authority to adopt rules consistent with the Texas Physical Therapy Practice Act 
to carry out its duties in administering the Act.
sec.341.5. Defaulters on Texas Guaranteed Student Loans. <ol> The board will not 
renew the license of a person who has defaulted on a Texas guaranteed student 
loan unless a repayment agreement has been entered into with the Texas 
Guaranteed Student Loan Corporation (TGSLC) and a copy of the certification of 
the repayment agreement with TGSCL filed with the board office. The board will 
not renew the license of a person who has defaulted on a repayment agreement 
with TGSLC until another repayment agreement has been entered into with TGSLC 
and a copy of the certificate is filed with the board office. Exception is given 
that allows the first annual renewal following the final adoption of this rule 
to be obtained if all other requirements are met.
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 October 3, 1991.
TRD-9112217
Sherry L. Lee
Executive Director
Texas State Board of Physical Therapy Examiners
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 835-1846
       
Chapter 343. Enforcement of Act
22 TAC sec.343.1
(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 State 
Board of Physical Therapy Examiners or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Physical Therapy Examiners proposes the repeal of 
sec.343.1, concerning revocation of license or discipline of a licensee. This 
section is repealed so that a new expanded version can be passed which further 
clarifies the disciplinary process.
Sherry L. Lee, 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.
Ms. Lee also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of enforcing the 
repeal will not be applicable, as the public is relatively unaffected by this 
particular proposed section. 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 Sherry L. Lee, 313 East Rundberg, 
Suite 113, Austin, Texas 78753.
The repeal is proposed under Texas Civil Statutes, Article 4512e sec.3(e), which 
provide the Texas State Board of Physical Therapy Examiners with the authority 
to adopt rules consistent with the Texas Physical Therapy Practice Act to carry 
out its duties in administering the Act.
sec.343.1. Enforcement of Act.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 3, 1991.
TRD-9112214
Sherry L. Lee
Executive Director
Texas State Board of Physical Therapy Examiners
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 835-1846
       
22 TAC sec.sec.343.1-343.55
The Texas State Board of Physical Therapy Examiners proposes new sec.sec.343. 1-
343.55, concerning contested case procedure. The new sections which replace 
former sections provide a more detailed explanation of the powers of the board 
regarding enforcement of the Act the procedures that are used in resolving 
complaints and the review process of applicants with felony convictions.
Sherry L. Lee, executive director has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections.
Ms. Lee also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be the enforcement of this section with further safeguard the 
public from receiving unacceptable physical therapy treatment from unqualified 
persons. The sections ensure the rights of due process to respondents who are 
accused of violation of the Act or rules. The new sections provide a through 
review process for persons with felony convictions who want to be licensed. 
There is minimal anticipated economic cost to persons who are required to comply 
with the sections as proposed.
Comments on the proposal may be submitted to Sherry L. Lee, 313 East Rundberg, 
Suite 113, Austin, Texas 78753.
The new sections are proposed under Texas Civil Statutes, Article 4512e, 
sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with 
the authority to adopt rules consistent with the Texas Physical Therapy Practice 
Act to carry out its duties in administering the Act.
sec.343.1. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise.
 Act-The Texas Physical Therapy Practice Act, Texas Civil Statutes, Article 
4512e.
 Agency-The Board of Physical Therapy Examiners.
 APTRA-The Administrative Procedure and Texas Register Act, Texas Civil 
Statutes, Article 6252-13a.
 Applicant-A qualified individual who presents application for licensure as a 
physical therapist or physical therapist assistant or for reinstatement of a 
previously suspended or revoked license.
 Board-The members of the Board of Physical Therapy Examiners who are appointed 
pursuant to Texas Civil Statutes, Article 4512e.
 Board order-A final decision of the board issued in a contested proceeding or 
in lieu of such proceeding, which may include findings of fact and conclusions 
of law, separately stated.
 Complaint-A sworn statement of allegations filed with the board which includes 
a statement of the matters asserted and reference to the particular sections of 
the statutes and rules involved, the filing of which initiates a contested case 
proceeding.
 Contested case -A proceeding in which the legal rights, duties or privileges of 
a party are to be determined by the agency after an opportunity for adjudicative 
hearing.
 Disciplinary action -Imposition of a sanction by the board which may include 
reprimand, suspension, probation, or revocation of a license, or other 
appropriate requirements.
 Executive director -The executive director of the Board of Physical Therapy 
Examiners.
 Licensee-A person who holds a license either permanent or temporary under the 
Physical Therapy Practice Act.
 Moral turpitude -Baseness, vileness, or dishonesty of a high degree.
 Notice-A statement of intended date, time, place, and nature of a hearing, and 
the legal authority and jurisdiction under which a hearing is to be held. Notice 
may include a formal complaint filed to initiate a contested case proceeding.
 Party-Each person with a sufficient legal, economic, or other interest to be 
named or admitted as such by the agency to a contested case proceeding before 
the agency.
 Probation-Each person whose license is suspended is placed on probation for the 
length of the suspension.
 Reinstatement-The individual with a revoked or suspended license must 
demonstrate or supply evidence to the board of their rehabilitation or current 
fitness to hold a license. Reinstatement petitions shall be considered no sooner 
than 180 days after the revocation order becomes final and enforceable.
 Reprimand-A public and formal censure against a license.
 Respondent-A person who has been made the subject of a formal or informal 
compliant alleging violation of the Texas Physical Therapy Practice Act or 
rules, regulations, or orders of the Board of Physical Therapy Examiners.
 Revocation-The withdrawal or repeal of a license. Revocation is established for 
minimum period of one year.
 Staff-The investigative staff of the Board of Physical Therapy Examiners.
 Suspension-The temporary withdrawal of a license. The board may suspend for one 
day or a designated number of years or until a specified event occurs.
sec.343.2. Disciplinary Actions by the Board. The board has the authority to 
deny an applicant a license or to suspend or revoke a license, to reprimand or 
otherwise discipline a licensee, or to place on a probation a licensee whose 
license has been suspended. If a license is suspended, the licensee is placed on 
probation for the duration of the suspension.
sec.343.3. Referral Requirement and Exceptions to Referral Requirement.
(a) Definitions. The following words and terms, when used in this section, shall 
have the following meanings, unless the context clearly indicates otherwise.
(1) Emergency circumstances-Instances where emergency medical care is called 
for.
(2) Emergency medical care-Bona fide emergency services provided after the 
sudden onset of a medical condition manifesting itself by acute symptoms of 
sufficient severity, including severe pain, such that the absence of immediate 
medical attention could reasonably be expected to result in: placing the 
patient's health in serious jeopardy, serious impairment to bodily functions; or 
serious dysfunction of any bodily organ or part.
(b) A physical therapist may evaluate without referral.
(c) A physical therapist is subject to discipline from the Board for providing 
physical therapy treatment without a request of a physician licensed to practice 
medicine by the Texas State Board of Medical Examiners, by a dentist licensed by 
the State Board of Dental Examiners, a doctor licensed to practice chiropractic 
by the Texas Board of Chiropractic Examiners, by a podiatrist licensed by the 
Texas State Board of Podiatry Examiners, or by any other qualified licensed 
health care persons authorized to prescribe treatment of individuals, except 
that a physical therapist may treat a patient for an injury or condition that is 
the subject of a prior referral if certain conditions are met as set forth in 
the Act, sec.19.
(d) Conditions for treatment without referral:
(1) the physical therapist must by telephone within five days or by letter 
postmarked within five business days notify the original referring health-care 
personnel of the commencement of therapy;
(2) the physical therapy provided must not be for more than 20 treatment 
sessions or 30 consecutive calendar days, whichever occurs first. At the 
conclusion of this time or treatment, the physical therapist must confer with 
the referring health-care personnel before continuing treatment;
(3)  the treatment can only be provided to a client/patient who received a 
referral not more than one year previously;
(4) the physical therapist providing treatment must have been licensed for one 
year.
(e) A physical therapist may provide instructions to any person who has no 
clinical symptoms relating to the instructions being given.
(f) A physical therapist may provide assistance to a person in an emergency 
circumstance including minor emergencies without a referral.
(g) A physical therapist assistant is subject to discipline from the board when 
physical therapy treatment has been provided other than upon the evaluation and 
plan of care provided by a licensed physical therapist in accordance with all 
the applicable Act and rule requirements.
sec.343.4. Practicing in a Manner Detrimental to the Public Health and Welfare.
(a) The board may deny a license to or discipline an applicant/respondent who is 
found to be practicing in a manner detrimental to the public health and welfare.
(b) Practicing in a manner detrimental to the public health and welfare may 
include, but is not limited to, the following:
  (1l) inaccurately recording, falsifying, or otherwise altering patient/client 
records;
(2) obtaining or attempting to obtain or deliver medications through means of 
misrepresentation, fraud, forgery, deception, and/or subterfuge;
(3) failing to supervise and maintain the supervision of supportive personnel, 
licensed or unlicensed, in compliance with the Act and rule requirements;
(4) aiding, abetting, authorizing, condoning, or allowing the practice of 
physical therapy by any person not licensed to practice physical therapy;
(5) permitting another person to use an individual's physical therapist's or 
physical therapist assistant's license for any purpose;
(6) failing to cooperate with the agency by not furnishing papers or documents 
requested or by not responding to subpoenas issued by the agency;
(7) interfering with an investigation or disciplinary proceeding by willful 
misrepresentation of facts before the agency or the board, or by the use of 
threats or harassment against any patient/client or witness to prevent them from 
providing evidence in a disciplinary proceeding or any other legal action;
(8) engaging in sexual contact with a patient/client as the result of the 
patient/client relationship;
(9) practicing or having practiced with an expired temporary or permanent 
license;
(10) failing to conform to the minimal standards of acceptable prevailing 
practice, regardless of whether or not actual injury to any person was 
sustained, including, but not limited to:
(A) failing to assess and evaluate a patient's/client's status;
(B) performing or attempting to perform techniques or procedures or both in 
which the physical therapist or physical therapist assistant is untrained by 
education or experience;
(C) delegating physical therapy functions or responsibilities to an individual 
lacking the ability or knowledge to perform the function or responsibility in 
question; or
(D) causing, permitting, or allowing physical or emotional injury or impairment 
of dignity or safety to the patient/client.
sec.343.5. Licensure of Persons With a History of Substance Abuse.
(a) The board may deny a license to or discipline an applicant/respondent who 
has been found to have a history of substance abuse.
(b) In review of a complaint alleging intemperate use of drugs or alcohol by a 
respondent/applicant, the board shall consider the following evidence in 
determining the respondent's/applicant's present fitness to practice physical 
therapy:
(1) documentation demonstrating the degree of sobriety obtained;
(2) documentation showing completion of a drug or alcohol rehabilitation 
program;
(3) evidence of participation in board-accepted after care;
(4) a current status report from a drug/alcohol abuse counselor or board-
accepted aftercare sponsor; and
(5) notarized letters of recommendation.
(b) The burden to provide the foregoing documentation to the board shall be 
solely at the expense of the respondent/applicant.
(c) Provided that the licensee participates in a substance abuse recovery 
program acceptable to the board, the license may continue on a probationary 
status with conditions set forth by the full board. Failure to comply and 
maintain the complete condition of the probation will cause immediate revocation 
of the license.
sec.343.6. Other Grounds for Denial of a License or Discipline of a Licensee. 
<ol> Grounds for the board to deny a license to or discipline an 
applicant/respondent may include the following:
(1) attempting to obtain or obtaining a license by fraud, falsification, or 
deception of an application or examination procedure; or
(2) having a license to practice physical therapy revoked or suspended or had 
other disciplinary action taken against him or had his application for license 
refused, revoked, or suspended by the proper licensing authority of another 
state, territory, or nation.
sec.343.7. Gross Negligence in the Practice of Physical Therapy.
(a) The board may deny a license to or discipline an applicant/respondent who is 
found grossly negligent in the practice of physical therapy or in acting as a 
physical therapist assistant.
(b) Gross negligence may include, but is not limited to, the provision of 
physical therapy which the therapist knew or should have known would result in 
severe physical injury or death of a patient.
sec.343.8. Licensure of Persons With a History of Voluntary or Involuntary 
Psychiatric Hospitalization.
(a) The board may deny a license to or discipline an applicant/respondent who 
has been adjudged mentally incompetent by a court of competent jurisdiction.
(b) In review of a complaint alleging that the respondent/applicant has a 
history of voluntary or involuntary psychiatric hospitalization, the board shall 
consider the following evidence in determining the respondent's/applicant's 
present fitness to practice physical therapy:
(1)  conduct and work activity of the person prior to and after hospitalization;
(2) documentation to indicate that the person is presently in good mental 
health. Specifically, a current psychological/psychiatric evaluation, which 
shall include such information as the agency may require;
(3) a current status report from a counselor, therapist, or physician; and
(4)  notarized letters of recommendation.
(c) The burden to provide the foregoing documentation to the board shall be 
solely at the expense of the respondent/applicant.
sec.343.9. Licensure of Persons with Criminal Convictions.
(a) The board may revoke or suspend an existing valid license, disqualify a 
person from receiving or renewing a license, or deny to a person the opportunity 
to be examined for a license because of a person's conviction of a felony or 
misdemeanor if the crime directly relates to the practice of physical therapy. 
Those crimes which the board considers to be directly related to the duties and 
responsibilities of a licensed physical therapist or physical therapist 
assistant shall include, but are not limited to:
(1) any felony which involves an act of fraud, dishonesty, or deceit;
(2) any criminal violation of the Physical Therapy Practice Act or other 
statutes regulating or pertaining to physical therapy or the medical profession;
(3) any crime involving moral turpitude;
(4) murder;
(5)  assault;
(6) burglary;
(7) robbery;
(8) theft;
(9) rape or sexual abuse;
(10) patient/client abuse;
(11) injury to an elderly person;
(12) child molestation, abuse, endangerment, or neglect;
(13)  felony conviction for driving while intoxicated, driving under the 
influence of alcohol or drugs, or driving while ability is impaired;
(14) sale, distribution, or illegal possession of narcotics, controlled 
substances or dangerous drugs;
(15) tampering with a governmental record;
(16)  offenses which include attempting or conspiring to commit any of the 
offenses in this subsection.
(b) In determining whether a crime not listed above relates to physical therapy, 
the board will consider:
(1)  the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for requiring a license to 
practice physical therapy;
(3) the extent to which a license might offer opportunities to engage in further 
criminal activity of the same type as that in which the person was previously 
engaged; and
(4) the relationship of the crime to the ability, capacity, or fitness required 
to perform the duties and to discharge the responsibilities of a physical 
therapist or physical therapist assistant.
(c) In review of a complaint alleging that the respondent/applicant has been 
convicted of a crime which directly relates to the duties and responsibilities 
of a physical therapist or physical therapist assistant, the board shall 
consider the following evidence in determining the respondent's/applicant's 
present fitness to practice physical therapy:
(1)  the extent and nature of the person's past criminal activity;
(2)  the age of the person at the time of commission of the crime;
(3)  conduct and work activity of the person prior to and after criminal 
activity;
(4) evidence of rehabilitation while incarcerated or following release;
(5) notarized letters of recommendation from prosecution, law enforcement, and 
correctional officers who prosecuted, arrested, or had custodial responsibility 
for the person; letters from the sheriff or chief of police where the person 
resides; and other persons having contact with the convicted person; and
(6) records of steady employment, provision for dependents, payment of all court 
costs, supervision fees, fines, and restitution if ordered as a result of the 
person's conviction.
(d) The burden and expense of providing and presenting the foregoing 
documentation to the board shall be solely that of the respondent/applicant.
sec.343.20. Subpoenas.  The board or its designee shall have the power to issue 
subpoenas, and subpoenas duces tecum to compel the attendance of witnesses, the 
production of books, records, and documents; to administer oaths and to take 
testimony concerning all matters within its jurisdiction.
sec.343.21. Witness Fees and Expenses. A witness who is not a party to the 
proceeding and who is subpoenaed to appear at a deposition or hearing or to 
produce documents, records, or other tangible things, shall receive 
reimbursement for expenses incurred in complying with the subpoena. 
Reimbursement shall be based on the minimum set forth in the Administrative 
Procedure and Texas Register Act (APTRA) or the State of Texas Travel Allowance 
Guide issued by the Comptroller of Public Accounts, whichever is greater. Said 
amount shall be paid by the party at whose request the witness is subpoenaed.
sec.343.22. Service of Notice. Service of notice of hearing or investigation on 
the respondent/applicant shall be complete and effective if the document to be 
served is sent by registered or certified mail to the respondent/applicant at 
his or her most recent address as shown in the records of the board. Service by 
mail shall be complete upon deposit of the paper enclosed in a post paid 
properly addressed wrapper in a post office or official depository under the 
care and custody of the United States Postal Service.
sec.343.23. Hearings.  All hearings on complaints and applications for 
reinstatement filed with the agency shall be conducted as contested case 
proceedings under the Administrative Procedure and Texas Register Act (APTRA).
sec.343.24. Record of Hearing. Oral proceedings, or any part of them, shall be 
transcribed on the written request of any party. The cost of the transcript 
shall be borne by the party requesting same. In the event of appeal from any 
board action, the board may assess the cost of preparation of the transcript to 
the appellant.
sec.343.25. Continuance.  A licensee who has been served with proper notice of 
hearing may make a motion to the board for a continuance of the said hearing in 
writing. Said motion shall be supported by a sworn affidavit detailing the 
reasons for the continuance and must be received in the board office no later 
than five days prior to the set hearing date.
sec.343.26. Commutation of Time.
(a) Computing time. In computing any period of time prescribed or allowed by 
order or directive of the agency, or by any applicable statute, unless otherwise 
specified, the period shall begin on the day after the act or event in 
controversy and conclude on the last day of such computed period, unless it be a 
Saturday, Sunday, or legal holiday, in which event the period runs until the end 
of the next business day which is neither a Saturday, Sunday, nor a legal 
holiday.
(b)  Extension. Unless otherwise provided by statute, the time for filing any 
pleading, motion, or request may be extended by order of the executive director, 
upon written motion filed prior to the expiration of the applicable period of 
time for the filing of the same, showing that the need for extension is not 
caused by the neglect, indifference, or lack of diligence of the requesting 
party.
sec.343.27. Probation.  In placing a person on probation whose license has been 
suspended, the board may impose such additional terms and conditions as it deems 
appropriate for the period of probation. The board shall specify the exact 
duration of the probationary period. Upon finding that a person placed on 
probation has failed to comply with the terms and condition of the board's 
order, the board may take such additional disciplinary action as it deems 
appropriate, following notice and hearing.
sec.343.28. Records Retention Schedule. All records shall be maintained in 
accordance with the approved records retention schedule on file with the Texas 
State Library.
sec.343.29. Failure to Appear at Hearing.
(a) Even though some or all of the parties or their duly authorized 
representatives should fail to appear, the board may consider fully the matter 
pending if notice has been given in accordance with this chapter. Such 
consideration shall be on the basis of any evidence admitted at the hearings and 
all pleadings, exhibits, briefs, and other materials presented in connection 
therewith.
(b) Absence of counsel shall not be good cause for a continuance or postponement 
of a cause when called for hearing, except that it be allowed in the discretion 
of the hearings examiner or board, upon cause shown or upon matters within the 
knowledge or information of the hearings examiner or board to be stated on the 
record.
sec.343.40. Informal Conference.
(a) At any time after the filing of a sworn complaint, the Investigative 
Committee, unilaterally or at the request of the staff or respondent/applicant, 
may request that the parties, their attorneys or representatives appear before 
them at a specified time and place for a conference to be conducted prior to the 
contested case hearing for the purpose of:
(1) simplifying the issues;
(2) considering proposed admissions or stipulations of fact;
(3) reviewing the procedure to govern the contested case hearing;
(4) exchanging witness lists and agreeing to limit the number of witnesses, 
and/or;
(5) doing any act that may simplify the proceedings, and dispose of matters in 
controversy, including settlement of issues in dispute and preparation of an 
agreed order for presentation to the board as provided herein.
(b) Members of the Investigation Committee who participate in the informal 
conference and preparation of any agreed order shall be excused from proceedings 
on the complaint whether disposed of by agreed order, or in a contested case 
proceeding.
(c) Participation in an informal conference shall not be mandatory for the 
respondent.
sec.343.41. Agreed Orders. <ol> The Investigation Committee may negotiate a 
proposed agreed order with any person to the jurisdiction of the board, the 
terms of which shall be approved by the Investigation Committee prior to 
presentation of the proposed agreed order to the board for its consideration. 
The agreed order when presented to the board will include the notarized 
signature of the respondent. A proposed agreed order shall have no effect until 
such time as the board may, at a regularly scheduled meeting, take action 
approving the proposed agreed order. Should the board fail to approve a proposed 
agreed order as presented, it may thereafter consider the complaint at a 
contested case hearing, upon notice to the respondent/applicant named in the 
complaint.
sec.343.50. Application for Reinstatement of License.
(a) At the expiration of one year from the date of revocation, the board may 
consider a request for reinstatement by the former licensee (applicant).
(b) The request for reinstatement must be submitted to the board office in 
writing and should include a short and plain statement of the reasons why the 
applicant believes the license should be reinstated.
(c) Upon denial of any application for reinstatement, the board may not consider 
a subsequent application until the expiration of one year from the date of 
denial of the prior application.
(d) In taking action to revoke a license, the board may, in its discretion, 
specify the terms and conditions upon which reinstatement shall be considered.
sec.343.51. Evaluation for Reinstatement. In considering reinstatement of a 
suspended license, the board will evaluate:
(1) the severity of the act which resulted in revocation of the license;
(2)  the conduct of the applicant subsequent to the revocation of license;
(3) the lapse of time since revocation;
(4) the degree of compliance with all conditions the board may have stipulated 
as a prerequisite for reinstatement;
(5) the degree of rehabilitation attained by the applicant as evidenced by sworn 
notarized statements sent directly to the board from qualified people who have 
personal and professional knowledge of the applicant; and
(6) the applicant's present qualifications to practice physical therapy based on 
his/her history of physical therapy related employment or education.
sec.343.52. Procedure Upon Request for Reinstatement.
(a) An applicant for reinstatement of a revoked license must personally appear 
before the board at a scheduled date and time to show why the license should be 
reinstated.
(b) Upon submission of proof of past revocation of the applicant's license, the 
applicant has the burden of proof to show present fitness and/or rehabilitation 
to practice physical therapy.
(c) Where the applicant's license has been revoked or voluntarily surrendered 
based on a finding, admission or allegation that the applicant was unfit to 
practice physical therapy by reasons of intemperate use of alcohol or drugs, 
misappropriation of controlled substances, an adjudication of mental 
incompetence or the existence of any mental disorder; the applicant must submit 
a written psychiatric or psychological evaluation and written medical 
evaluation. Said evaluations shall be obtained solely at the applicant's expense 
and forwarded directly to the agency by the examiner. The psychiatric or 
psychological evaluation must be prepared by a licensed psychiatrist or 
psychologist and the medical evaluation must be prepared by a licensed 
physician. Said reports shall include such information as the agency may 
specifically require with notice to the applicant.
(d) Upon receipt of a written request for reinstatement and all information 
required by subsection (c) of this section, the applicant will be notified of a 
date and time of an appearance before the board.
sec.343.53. Board Action Possible Upon Reinstatement of Revoked License.  After 
evaluation, the board may:
(1) deny reinstatement of a revoked license;
(2) reinstate a revoked license;
(3)  require the satisfactory completion of a specific program or remedial 
education approved by the agency; and
(4) require monitoring of the applicant's physical therapy practice as specified 
by the board.
sec.343.54. Reinstatement of Suspended License. A suspended license is 
immediately reinstated at the end of the suspension period.
sec.343.55. Failure to Appear. An applicant for reinstatement of a revoked 
license who makes a commitment to appear before the board, and fails to appear 
at a hearing set with notice by the agency, shall not be authorized to appear 
before the board before the expiration of six months. For good cause shown, the 
executive director may authorize an exception to this rule.
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 October 3, 1991.
TRD-9112213
Sherry L. Lee
Executive Director
Texas State Board of Physical Therapy Examiners
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 835-1846
       
Chapter 345. Discipline
22 TAC sec.345.1
(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 State 
Board of Physical Therapy Examiners or in the Texas Register office, Room 245, 
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Physical Therapy Examiners proposes the repeal of 
sec.345.1, concerning board may discipline. The board repeals this section 
because its content will be included in a new Chapter 343.
Sherry L. Lee, 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.
Ms. Lee 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 section 
as proposed.
Comments on the proposal may be submitted to Sherry L. Lee, 313 East Rundberg, 
Suite 113, Austin, Texas 78753.
The repeal is proposed under Texas Civil Statutes, Article 4512e sec.3(e), which 
provide the Texas State Board of Physical Therapy Examiners with the authority 
to adopt rules consistent with the Texas Physical Therapy Practice Act to carry 
out its duties in administering the Act.
sec.345.1. Board May Discipline.
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 October 3, 1991.
TRD-9112215
Sherry L. Lee
Executive Director
Texas State Board of Physical Therapy Examiners
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 835-1846
       
TITLE 25. HEALTH SERVICES
Part I. Texas Department of Health
Chapter 337. Water Hygiene
Public Water Systems
The Texas Department of Health (department) proposes amendments to sec.sec.337. 
201, 337.202, 337.204-337.210, and 337.212; the repeal of sec.337.211; and new 
sec.337.211, concerning public water systems. The amendments will update the 
sections to conform to federal regulations concerning surface water treatment 
and will clarify the language for the benefit of utilities and regulators. The 
areas in the sections which will be updated and clarified are as follows: 
definitions; general provisions; water sources, treatment, distribution and 
storage; minimum water system capacity requirements; minimum acceptable 
operating practices for public drinking water systems; state approval 
recognition; minimum required water main sizes; and the sample or suggested 
sanitary control easement document for a public water well.
Stephen L. Seale, Chief Accountant III, Budget Division, has determined that for 
the first five-year period that the sections and repeal are in effect there will 
be no fiscal implications to state and local government as a result of enforcing 
or administering the sections and repeal.
Mr. Seale also has determined that for each year of the first five years the 
sections and repeal are effect, the public benefit anticipated as a result of 
enforcing the sections and repeal will be a higher quality of water produced 
which in turn will lessen the potential of adverse health effects associated 
with poor water quality. There will be no cost to small businesses. There is no 
anticipated costs to persons who may be required to comply with the sections. 
There will be no impact on local employment.
Comments on the proposal may be submitted to James E. Pope, P.E., Director, 
Division of Water Hygiene, 1100 West 49th Street, Austin, Texas 78756, (512) 
458-7533. Comments will be accepted for 45 days from the date of the publication 
of the proposed sections in the Texas Register.
25 TAC sec.sec.337.201, 337.202, 337.204-337.210, 337.211, 337. 212
The amendments and new section are proposed under the Health and Safety Code 
(code), sec.341.002, which provides the Texas Board of Health with the authority 
to adopt rules covering public water systems, and to establish standards and 
procedures for the management and control of sanitation and for health 
protection measures; sec.12.001 which provides the board with the authority to 
adopt rules to implement every duty imposed by law on the board, the department, 
and the commissioner of health. The amendments and new section will affect 
Chapter 341 of the code.
sec.337.201. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise. <nl>If a word or term used in this title is not contained in the 
following list, its definition shall be as shown in Title 40, Code of Federal 
Regulations, sec.141.2. Other <ol> [In addition, other] technical terms used 
shall have the meanings or definitions listed in the latest edition of 
"Glossary, Water and Wastewater Control Engineering," prepared by a joint 
editorial board representing the American Public Health Association, American 
Society of Civil Engineers, American Water Works Association, and the Water 
Pollution Control Foundation.
   <nl>ANSI standards -The standards of the American National Standards 
Institute, Inc., 1430 Broadway, New York, New York 10018
   Community water system-A public water system which has a potential to serve 
at least 15 <nl>residential <ol> service connections on a year-round basis or 
serves at least 25  <nl>residents<ol> [individuals] on a year-round basis.
   <nl>Connection<ol> [Service connection]-A single family residential unit or 
each commercial or industrial establishment to which drinking water is supplied 
from the system. As an example, the number of service connections in an 
apartment complex would be equal to the number of individual apartment units. 
When sufficient data is not available to accurately determine the number of 
connections to be served or being served, the population served divided by three 
will be used as the number of connections for calculating system capacity 
requirements. Conversely, if only the number of connections is known, the 
connection total multiplied by three will be the number used for population 
served.
   <nl>Elevated storage capacity-That portion of water which can be stored at 
least 80 feet above the highest service connection in the pressure plane served 
by the storage tank.
   <nl>Peak hourly demand-In the absence of verified historical data, peak 
hourly demand means 1.25 times the maximum daily demand if a public water supply 
meets the department's minimum requirements for elevated storage capacity, and 
1.85 times the maximum daily demand if the system uses pressure tanks or fails 
to meet the department's minimum elevated storage capacity requirement.
sec.337.202. General Provisions.
(a)-(c) (No change.)
(d) Submission of planning material. In general, the planning material submitted 
shall conform to the following requirements.
<nl>(1) Engineering reports are required for new water systems and all surface 
water treatment plants. Engineering reports are also required when the 
department has identified design deficiencies in an existing system. <ol> The 
engineering report shall include at least coverage of the following items:
(A)-(H) (No change.)
(2)-(4) (No change.)
(e)-(f) (No change.)
(g) Changes in existing systems or supplies. Changes or additions to existing 
systems [which result in an increase in production or treatment capacity or a 
10% expansion or greater in storage or distribution capacity] shall require 
written notification to the department. The department shall determine whether 
engineering plans and specifications will be required after initial notification 
of the extent of the modifications.
(h) (No change.)
sec.337.204. Water Sources.
(a)-(b) (No change.)
(c) Groundwater sources and development.
(1) Groundwater sources shall be so located that there will be no danger of 
pollution from flooding or from unsanitary surroundings, such as privies, 
sewage, sewage treatment plants, livestock and animal pens, solid waste disposal 
sites, or abandoned and improperly sealed wells.
(A) No well site which is within 50 feet of a tile or concrete sanitary sewer, 
<nl>sewerage appurtenance <ol>, septic tank, or storm sewer, or which is within 
150 feet of a septic tank perforated drainfield, absorption bed, 
evapotranspiration bed, or underground fuel storage tank will be acceptable for 
use as a public drinking water supply well. Sanitary or storm sewers constructed 
of ductile iron or PVC pipe meeting AWWA standards, having a minimum working 
pressure of 150 psi or greater, and equipped with pressure type joints may be 
located at distances of less than 50 feet from a proposed well site but in no 
case shall the distance be less than 10 feet. [In situations where wells cannot 
be located outside 150 feet distance, a variance may be requested on a case-by-
case basis to allow septic tank perforated drainfields, absorption beds, 
evapotranspiration beds, drainage ditches or underground fuel storage tanks 
within the required 150 feet radius. In such cases, the well must be provided 
with a surface casing which is set and cemented to a depth of 50 feet. However, 
in no case shall the distance be less than 50 feet from the well.]
(B) (No change.)
(C) No water wells shall be located within 500 feet of animal feed lots, solid 
waste disposal sites, <nl>lands on which sewage plant or septic tank sludge is 
applied,<ol> or lands irrigated by sewage plant effluent.
(D) (No change.)
(E) Abandoned <nl>or inoperative <ol> [water] wells <nl>within one quarter 
mile<ol> [in the area] of a proposed source shall be <nl>reported to the 
department along with existing or possible pollution hazards which may affect 
groundwater quality<ol> [plugged and sealed properly to prevent possible 
contamination of freshwater strata. The procedures and methods to be followed in 
plugging and sealing wells shall be obtained from the Texas Water Commission in 
Austin]. <nl>This information must be submitted prior to construction or as 
required by the department.
(F) (No change.)
(2) (No change.)
(3) Special attention must be given to the construction, disinfection, 
protection, and testing of a well to be used as a public water supply source.
(A) The department shall be furnished a copy of  <nl>the well completion data, 
which includes the following items: the Driller's Log (geological log and 
material setting report); a cementing certificate; the results of a 36-hour pump 
test; the results of the department's bacteriological and chemical analyses; a 
copy of the sanitary control easement; and a United States Geological Survey 
(USGS) map showing the precise well location (latitude and longitude stated)<ol> 
[well material setting data, geological log, sealing information (pressure 
cementing and surface protection), results of the 36-hour pump test, 
disinfection information, bacteriological sample results, and a chemical 
analysis report of a representative sample of water from the well].
(B)  (No change.)
(C) The space between the casing and drill hole shall be sealed by using 
sufficient cement under pressure to provide for completely filling and sealing 
of the annular space between the casing and the drill hole. The well casing 
shall be cemented in this manner from the top of the shallowest formation to be 
developed to the earth's surface. [On a case-by-case basis and with this 
department's prior approval, other materials having a permeability of less than 
10-7 cm/sec may be used in sealing the annular space. Where the top of the 
water-bearing formation is less than 50 feet, special treatment facilities (in 
addition to chlorination ahead of storage with a minimum detention time of two 
hours) may be required depending on local conditions.]
(D)-(P) (No change.)
(4) (No change.)
(d) Surface water sources and development.
(1) An evaluation shall be made of the proposed surface water impoundment or 
flowing supply in the area of diversion and its tributary streams to determine 
the degree of pollution from all sources within the watershed.
(A) (No change.)
(B) The disposal of all liquid or solid wastes from any source on the watershed 
must be in conformity with applicable regulations and state statutes. 
<nl>Additionally, pesticides or herbicides which are used within the watershed 
shall be applied in strict accordance with the product label restrictions.
(C)-(D) (No change.)
(2) Intakes shall be so located and constructed as to permit a wide variation in 
depths from which the raw water is taken as well as to permit withdrawal of 
water when reservoir levels are very low. Fixed level intakes are acceptable if 
water quality data is available to establish that the effect on water quality 
will be minimal.
(A)-(C) (No change.)
(D) A restricted zone of 200 feet radius from the raw water intake works shall 
be established and all recreational activities and trespassing shall be 
prohibited in this area. Regulations governing this zone shall be in the city 
ordinances or the rules and regulations promulgated by a water district or 
similar regulatory agency. Provisions shall be made for the strict enforcement 
of such ordinances or regulations. The restricted zone shall be designated with 
<nl>signs recounting these restrictions. The signs shall be maintained in plain 
view of the public and shall be visible from all parts of the restricted area. 
In addition, special buoys may be required as deemed necessary by the 
department.<ol> [markers or buoys. Signs recounting these restrictions shall be 
maintained in plain view of the public on the intake structures, markers, and/or 
buoys.]
(E) (No change.)
(3) (No change.)
(e) Springs and other water sources.
(1) Water obtained from springs, infiltration galleries, wells in fissured 
areas, <nl>wells in limestone formations, or wells that do not penetrate an 
impermeable strata<ol> and/or any other source subject to surface or near 
surface contamination of recent origin shall be evaluated for the provision of 
treatment facilities. Minimum treatment shall consist of coagulation with direct 
filtration and <nl>adequate<ol> disinfection. <nl>In all cases, the treatment 
process must achieve at least a three-log removal or inactivation of Giardia 
cysts and a four-log removal or inactivation of viruses before the water is 
supplied to any consumer.
(2) (No change.)
sec.337.205. Water Treatment.
(a) Groundwaters.
(1) Disinfection facilities shall be provided for all groundwater supplies for 
the purpose of <nl>microbiological <ol> [bacteriological] control and 
distribution protection and shall be in conformity with applicable disinfection 
requirements in subsection (c) of this section.
(2) Treatment facilities shall be provided for groundwater if the water does not 
meet the drinking water standards. The facilities provided shall be in 
conformance with established and proven methods.
(A) Filters provided for turbidity and <nl>microbiological <ol> 
[bacteriological] quality control shall be preceded by coagulant addition and 
shall conform with the requirements utilized for surface water treatment in 
accordance with this subsection (b)(12) of this section. Filtration rates for 
iron and manganese removal, regardless of the media, shall be based on a maximum 
rate of five gallons per square foot per minute.
(B) (No change.)
(C) All processes involving exposure of the water to atmospheric contamination 
shall provide for subsequent disinfection of the water ahead of ground storage 
<nl>tanks<ol> [reservoirs]. Likewise, all exposure of water to atmospheric 
contamination shall be accomplished in a manner such that insects, birds, and 
other foreign materials will be excluded from the water. Aerators and all other 
such openings shall be screened with 16-mesh or finer corrosion resistant 
screen.
(D) (No change.)
(b) Surface water.
(1) (No change.)
(2) All water secured from surface sources shall be given complete treatment at 
a plant which provides facilities for pretreatment disinfection, taste and odor 
control, continuous coagulation, sedimentation, filtration, covered clear well 
storage, and terminal disinfection of the water with chlorine or suitable 
chlorine compounds. <nl>In all cases, the treatment process must achieve at 
least a three-log removal or inactivation of Giardia cysts and a four-log 
removal or inactivation of viruses before the water is supplied to any consumer.
(3) Based on current acceptable design standards, the treatment capacity of a 
water plant shall always be in excess of the <nl>system's anticipated maximum 
daily demand<ol> [maximum expected draft of any day of the year].
(4) No cross-connection or interconnection shall be permitted to exist in a 
filtration plant between a conduit carrying filtered or post-chlorinated water 
and another conduit carrying raw water or water in any prior stage of treatment. 
<nl>Vacuum breakers must be provided on each hose bibb within the plant 
facility.<ol> No conduit or basin containing raw water or any water in a prior 
stage of treatment shall be located directly above, or be permitted to have a 
single common partition wall with, another conduit or basin containing finished 
water.
(5)-(6) (No change.)
(7) Treatment plants shall be provided with efficient devices for measuring and 
applying chemicals to the water under treatment.
(A)-(B) (No change.)
(C) Dry chemical feeders shall be in a separate room and be provided with 
[suitable] facilities for dust control.
(D)-(E) (No change.)
(F) Coagulants shall be applied to the water in the mixing basins or chambers so 
as to permit their <nl>complete <ol> [thorough] mixing with the water. 
<nl>Coagulants shall be applied continuously during treatment plant operation.
(G) (No change.)
<nl>(H) Make-up water supply lines to chemical feeder solution mixing chambers 
shall be provided with an air gap or other acceptable backflow prevention 
device.
(8) Provision for chemical application points at the raw water source and beyond 
the mixing basin or chamber shall be provided for taste and odor control, 
stabilization, and disinfection for quality <nl>control<ol> [controls].
(9) Chemicals shall be stored <nl>off the floor<ol> [above floor level] in a 
separate, dry, above ground level room and protected against flooding or wetting 
from floors and walls.
(A)-(C) (No change.)
(10) (No change.)
(11) <nl>Basins for straight-flow sedimentation of coagulated waters shall 
provide a total detention time of at least six hours for clarification plants 
and 4.5 hours for softening plants. The settling chamber of a solids contact 
clarification unit shall provide a total detention time of at least two hours. 
Where shorter detention times are desired, engineering data, pilot plant test 
data, full scale installation data, and other information as required by the 
department shall be submitted to the department to justify the alternate 
process. This shall also apply to exceptions from surface loading rates and 
settled water weir overflow rates as mentioned in this section.<ol> [In order to 
ensure continuous operation, basins for straight-flow sedimentation of 
coagulated waters shall be at least two in number, shall be designed for 
parallel operation, and shall provide a total detention period of at least six 
hours for clarification plants and 4.5 hours for softening plants. The detention 
time shall not be less than two hours in the clarification zone of any patented, 
upflow, solids contact, or other type sedimentation unit. Where detention 
periods of less time are desired; engineering data, pilot plant test data, full 
scale installation data, and other information as required by the department 
shall be submitted to the department to justify the lesser approach. This shall 
also apply to variances from surface loading rates and settled water weir 
overflow rates as mentioned in this section. The requirement for two parallel 
treatment plants (or trains) will be suspended only with specific approval of 
the department after the review and evaluation of supporting material submitted 
to substantiate the suspension.]
(A) Facilities for sludge removal shall be provided by mechanical means or by 
the provision of hopper-bottomed basins with valves capable of complete draining 
of the units. <nl>Clarifiers shall be provided with facilities for determining 
the depth of sludge in the unit.
(B) (No change.)
(C) Sedimentation basins may be square, rectangular, round or other shapes 
approved by the department. The length of rectangular settling basins shall 
preferably be at least twice their width with a side water depth of 10 feet to 
12 feet in nonsoftening water treatment. Square and round sedimentation 
<nl>basins<ol> may also be used for clarification and softening plants; however, 
the detention <nl>time must comply<ol> [times in must be observed in accordance] 
with the requirements of this paragraph.
[(D) Surface loading for straight-flow clarification units shall not exceed 800 
gallons per square foot per day and softening units shall not exceed 900 gallons 
per square foot per day.
[(E) Settled water weir overflow rates shall be 15,000 to 20,000 gallons per 
foot per day.]
<nl>(D)<ol>[(F)] Sedimentation basins shall be provided with facilities for 
draining the basin in a period not in excess of six hours. In the event that the 
plant site topography is such that gravity draining cannot be realized, a 
permanently installed electric powered pump station shall be provided to dewater 
the basin.
(12) Filters shall be gravity or pressure type.
(A)-(B) (No change.)
(C) Pressure sand filters shall be subject to the loading provisions in 
subparagraph (A) of this paragraph for gravity sand filters. When used, the 
pressure filters shall be installed such that duplicate capacity is available to 
furnish the design capacity with one filter out of service. [In any case, a 
minimum of two filter units shall be furnished.]
<nl>(i) The use of pressure filters shall be limited to installations with less 
than 0.50 million gallons per day capacity.
<nl>(ii) <nl>Visual inspection of the filter media and internal filter surfaces 
shall be conducted on an annual basis to ensure that the filter media is in good 
condition and the coating materials continue to provide adequate protection to 
internal surfaces.
(D)-(E) (No change.)
(F) The rate of flow of <nl>backwash<ol> [wash] water shall not be less than 20 
inches vertical rise per minute <nl>(12.5gpm/ft.2)<ol> and usually not more than 
30 inches vertical rise per minute <nl>(18.7 gpm/ft. 2)<ol>. This shall expand 
the filtering bed 30 to 50%. The free board in inches shall exceed the wash rate 
in inches of vertical rise per minute.
(i)-(ii) (No change.)
(G) <nl>When used, surface filter wash systems shall be installed with an 
atmospheric vacuum breaker or a reduced pressure principle backflow preventer in 
the supply line. If an atmospheric vacuum breaker is used it shall be installed 
in<ol> [If surface filter wash systems are provided,] a section of the supply 
line through which all the water passes <nl>and which is<ol> [must be] located 
above the overflow level of the filter. [An atmospheric vacuum breaker must be 
installed in this section.]
(H)-(K) (No change.)
(13) (No change.)
(14) The identification of influent, effluent, waste [and] backwash, and 
chemical feed lines shall [can] be accomplished by use of labels or various 
colors of paint. Where labels re used, they shall be placed along the pipe at no 
greater than five foot intervals. Where colors are used they shall follow the 
color code prescribed below. Color coding must be by solid color or banding. If 
bands are used, they shall be placed along the pipe at no greater than five foot 
intervals. [In order to maintain uniformity, the color code below is suggested 
for pipe galleries. All piping for the following services and spaced along the 
pipe at five foot intervals.] The color code is as follows:
(15) An adequately equipped laboratory must be available locally where daily 
bacteriological and chemical tests can be made on water supplied by all plants 
serving 25,000 persons or more. For plants serving less than 25,000 population, 
the facilities for making bacteriological tests may be omitted and the required 
bacteriological samples submitted to one of the department's approved 
laboratories. All surface water treatment plants shall be provided with 
equipment for making at least the following determinations: pH, Chlorine 
Residual, Alkalinity, Turbidity, "Jar" tests and other tests deemed necessary to 
monitor specific water quality problems or to evaluate specific water treatment 
processes. <nl>All surface water treatment plants shall provide sampling taps 
for raw, settled, and filtered water.
(c) Disinfection.
(1) (No change.)
(2) All groundwater must be disinfected prior to distribution. The point of 
application must be ahead of the water storage  <nl>tank(s)<ol> [reservoir(s)] 
if storage is provided prior to distribution. Permission to use alternate 
disinfectant application points must be obtained in writing from the department.
(3) All water stored in treated water <nl>storage tanks<ol> [reservoirs] for 
pumping directly to the distribution system must contain a disinfectant 
residual. Disinfection facilities must be provided for all such locations where 
an adequate disinfectant residual is not maintained from prior treatment.
(4) (No change.)
(5) A [suitable positive pressure airflow gas mask or] self-contained breathing 
apparatus <nl>or full face supplied air respirator that meets United States 
Occupational Safety and Health Administration (OSHA) standards for construction 
and operation, <ol> and a small bottle of fresh ammonia solution (or approved 
equal) for testing for chlorine leakage shall be provided and accessible outside 
the chlorinator room when chlorine gas is used.
(6) (No change.)
(7) Adequate ventilation which includes both high level and floor level screened 
vents shall be provided for all enclosures in which gas chlorine is being stored 
or fed. Enclosures containing more than one <nl>open<ol> 150 pound cylinder of 
chlorine shall also provide forced air ventilation which includes screened and 
louvered floor level and high level vents, a fan which is located at and draws 
air in through the top vent and discharges through the floor vent, and a fan 
switch located outside the enclosure.
(8) Hypochlorination solution containers and pumps must be housed and locked to 
protect them from adverse weather conditions and vandalism. The solution 
container top must be completely covered [and sealed] to prevent the entrance of 
dust, insects, and other contaminants.
(9) <nl>Safety equipment and training programs for all chemicals used in water 
treatment shall meet applicable standards established by the OSHA or the Texas 
Hazard Communications Act, Health and Safety Code, Chapter 502 <ol> [Safety 
measures for the use of alternate disinfectants shall be as prescribed by the 
department].
(d) Special treatment processes. The adjustment of fluoride ion content, special 
treatment for iron and manganese reduction, special methods for taste and odor 
control, demineralization, and other proposals covering other than usual 
treatment will be considered as special projects. All treatment shall be 
accomplished prior to the storage <nl>tanks<ol> [reservoirs]. Permission to 
utilize alternate treatment points must be obtained in writing from the 
department.
(e)-(f) (No change.)
(g) Effective January 1, <nl>1993<ol> [1992], all chemicals and any additional 
or replacement process media used in treatment of water supplied by public water 
systems must conform to <nl>American National Standards Institute/National 
Sanitation Foundation (ANSI/NSF) <ol> Standard 60 [of the American National 
Standards Institute/National Sanitation Foundation (ANSI/NSF)] for direct 
additives and <nl>ANSI/NSF<ol> Standard 61 [of ANSI/NSF] for indirect additives. 
Conformance with these standards must be obtained by certification of the 
product by an <nl>organization accredited by ANSI<ol> [agency recognized by the 
department].
sec.337.206. Water Distribution.
(a) Design and standards. All potable water distribution systems including pump 
stations, mains, and both ground and elevated storage tanks, shall be designed, 
installed, and constructed in accordance with current <nl>American Water Works 
Association (<ol>AWWA <nl>)<ol> standards with reference to materials to be used 
and construction procedures to be followed. In the absence of AWWA standards, 
departmental review may be based upon  <nl>the standards of the American Society 
for Testing and Materials (<ol>ASTM <nl>)<ol>, commercial, and other recognized 
standards utilized by design engineers.
(1) Effective January 1, <nl>1993<ol> [1992], all newly installed pipes and 
related products must conform to <nl>American National Standards 
Institute/National Sanitation Foundation (<ol>ANSI/NSF <nl>)<ol> Standard 61 and 
must be certified by an <nl>organization accredited by ANSI<ol> [agency 
recognized by this department].
(2)-(3) (No change.)
<nl>(4) Water transmission and distribution lines must be installed in 
accordance with the manufacturer's instructions. However, the top of the water 
line must be located below the frost line and in no case shall the top of the 
water line be less than 12 inches below ground surface.
<nl>(5) The hydrostatic leakage rate shall not exceed the amount as determined 
by the formulas established or recommended by the AWWA.
(b) (No change.)
(c) Minimum waterline sizes. These are minimum requirements for domestic flows 
only and do not consider fire flows. These requirements should be exceeded when 
the design engineer deems it necessary. It should be noted that the required 
sizes are based strictly on the number of customers to be served and not on the 
distances between connections or differences in elevation or the type of pipe. 
No new waterline under two inches in diameter will be allowed to be installed in 
a public water system distribution system after January 1, 1992.
<nl>(d) Minimum pressure requirement. The system must be designed to maintain a 
minimum pressure of 35 psi at all points within the distribution network at flow 
rates of at least 1.5 gallons per minute per connection. When the system is 
intended to provide fire fighting capability, it must also be designed to 
maintain a minimum pressure of 20 psi under combined fire and drinking water 
flow conditions.
[(c) Pressure. All water distribution systems shall be designed and constructed 
so as to provide a minimum pressure of 20 pounds per square inch under peak 
demand conditions. Under normal operating conditions, minimum pressures should 
be not less than 35 pounds per square inch.]
(1) Where the topography of the area to be served is such that air locks in the 
lines may occur, air release devices shall be installed in such a manner as to 
preclude the possibility of submergence or possible entrance of contamination.
(2) Where distribution system conditions are such that it is necessary to 
provide<nl> service to a multi-story building, <ol> more than one pressure plane 
or where distribution system conditions and demands are such that low pressures 
develop, the method of providing increased pressure shall [preferably] be by 
means of booster pumps taking suction from storage  <nl>tanks<ol> [reservoirs].  
<nl>If an exception to this requirement is desired, the<ol> [The] designing 
engineer must furnish for the department's review all planning material for 
booster pumps taking suction from other than a storage <nl>tank<ol> [reservoir]. 
The planning material must contain a full description of the supply to the point 
of suction, maximum demands on this part of the system, location of pressure 
recorders, safety controls, and other pertinent information. Where booster pumps 
are installed to take suction directly from the distribution system, a minimum 
residual pressure of 20 pounds per square inch (psi) must be maintained on the 
suction line at all times. Such installations must be equipped with automatic 
pressure cut-off devices so that the pumping units become inoperative at a 
suction pressure of less than 20 psi. In addition, a continuous pressure 
recording device may be required at a predetermined suspected critical pressure 
point on the suction line in order to record the hydraulic conditions in the 
line at all times. If such a record indicates critical minimum pressures (less 
than 20 psi) [for prolonged periods], adequate storage facilities must be 
installed with the booster pumps taking suction from the storage facility. Fire 
pumps used to maintain pressure on automatic sprinkler systems only for fire 
protection purposes are not considered as in-line booster pumps.
(3) Each community public water system shall provide accurate metering devices 
at each service connection for the accumulation of water usage data. Systems 
where no direct charge is made for the water shall be excused from this 
requirement.
(4) The system shall be provided with sufficient valves and blowoffs so that 
necessary repairs can be made without undue interruption of service over any 
considerable area and for the purpose of flushing the system when required. The 
engineering report shall establish criteria for this design.
(5) The system shall be designed by the engineer so as to afford effective 
circulation of water with a minimum of dead ends. All dead-end mains shall be 
provided with acceptable flush valves and discharge piping. All deadend lines 
less than two inches in diameter will not require flush valves if they terminate 
as a customer service. Where dead ends are necessary as a stage in the growth of 
the system, they shall be located and arranged with a view to ultimately 
connecting them so as to provide circulation.
<nl>(e)<ol>[(d)] Location of <nl>waterlines<ol> [mains].
(1) When <nl>waterlines<ol> [water mains] and sanitary sewers are installed, 
they shall be installed no closer to each other than nine feet in all directions 
and parallel lines must be installed in separate trenches. Where the nine-foot 
separation distance cannot be achieved, the guidelines in this subsection shall 
apply. The guidelines also are listed in tabular form in the following table.
[graphic]
(A) Where a sanitary sewer parallels a waterline, the sewer shall be constructed 
of cast iron, ductile iron or PVC meeting ASTM specifications with a pressure 
rating for both the pipe and joints of 150 psi. The vertical separation shall be 
a minimum of two feet between outside diameters and the horizontal separation 
shall be a minimum of four feet between outside diameters. The sewer shall be 
located below the waterline.
(B) Where a sanitary sewer crosses a waterline and the sewer is constructed of 
cast iron, ductile iron or PVC with a minimum pressure rating of 150 psi, an 
absolute minimum distance of six inches between outside diameters shall be 
maintained. In addition, the sewer shall be located below the waterline where 
possible and one length of the sewer pipe must be centered on the waterline.
(C) Where a sewer crosses under a waterline and the sewer is constructed of ABS 
truss pipe, similar semi-rigid plastic composite pipe, clay pipe or concrete 
pipe with gasketed joints, a minimum two foot separation distance shall be 
maintained. The initial backfill shall be cement stabilized sand (two or more 
bags of cement per cubic yard of sand) for all sections of sewer within nine 
feet of the waterline. This initial backfill shall be from one quarter diameter 
below the centerline of the pipe to one pipe diameter (but not less than 12 
inches) above the top of the pipe.
(D) Where a sewer crosses over a waterline all portions of the sewer within nine 
feet of the waterline shall be constructed of cast iron, ductile iron or PVC 
pipe with a pressure rating of at least 150 psi using appropriate adapters. In 
lieu of this procedure, the new conveyance may be encased in a joint of 150 psi 
pressure class pipe at least 18 feet long and two nominal sizes larger than the 
new conveyance. The space around the carrier pipe shall be supported at five 
feet intervals with spacers or be filled to the spring line with washed sand. 
The encasement pipe should be centered on the crossing and both ends sealed with 
cement grout or manufactured seal.
(E) The sewer need not be disturbed where a new waterline is to be installed 
parallel to an existing sewer that shows no evidence of leakage and the 
waterline is installed above the sewer a minimum of two feet vertically and four 
feet horizontally. Should excavation for the waterline produce evidence that the 
sewer is leaking, the sewer must be repaired or replaced as described in 
subparagraphs (A) or (D) of this paragraph.
(F) The sewer need not be disturbed where a new waterline is to cross over (by 
two feet or more) existing sewer showing no evidence of leakage. Should 
excavation for the waterline produce evidence that the sewer is leaking, then 
the sewer must be repaired or replaced as described in subparagraphs (C) or (D) 
of this paragraph.
(2) Unless sanitary sewer manholes and the connecting sewer can be made 
watertight and tested for no leakage, they must be installed so as to provide a 
minimum of nine feet of horizontal clearance from an existing or proposed water 
line. Where the nine-foot separation distance cannot be achieved, an encasement 
pipe as described in paragraph (1)(D) of this subsection may be used for the 
waterline.
(3) Fire hydrants shall not be installed within nine feet vertically or 
horizontally of any sanitary sewer regardless of construction.
(4) No physical connection shall be made between a drinking water supply 
[(public or private)] and a sewer. Any appurtenance shall be designed and 
constructed so as to prevent any possibility of sewage entering the drinking 
water system.
(5) No sewer carrying domestic or industrial wastes shall cross suction mains to 
pumping equipment. <nl>Water lines<ol> [Water mains] shall not be installed 
closer than ten feet to septic tank drainfields. No raw <nl>water lines <ol> 
[waterlines] shall be installed within five feet of any tile or concrete 
sanitary sewer.
<nl>(f)<ol>[(e)] Sanitary precautions and disinfection. Sanitary precautions, 
flushing, disinfection procedures, and bacteriological sampling as prescribed in 
AWWA standards for disinfecting water mains shall be followed in laying 
waterlines.
(1) Pipe shall not be laid in water or placed where it can be flooded with water 
or sewage during its storage or installation.
(2) Special precautions must be taken when <nl>waterlines <ol> [water mains] are 
laid under any flowing stream or semipermanent body of water such as marsh, bay, 
or estuary. In these cases, the water main shall be installed in a separate 
watertight pipe encasement or valves shall be provided in the line on each side 
of the crossing with facilities to allow the underwater portion of the system to 
be isolated and tested to determine that there are no leaks in the line under 
water.
(3) New mains shall be thoroughly disinfected in accordance with AWWA 
<nl>Standard C651<ol> [standards] and then flushed and sampled before being 
placed in service. Samples shall be collected for bacteriological analysis to 
check the efficiency of the disinfection procedure which shall be repeated if 
contamination persists. A minimum of one sample for each 1,000 feet of completed 
<nl>waterline <ol> [main] will be required or at the next available sampling 
point beyond 1,000 feet as designated by the design engineer.
<nl>(g) <ol>[(f)] Interconnections.
(1) Each proposal for a direct connection between public drinking water systems 
under separate administrative authority will be considered on an individual 
basis.
(A) Documents covering the responsibility for sanitary control shall accompany 
planning material submitted.
(B) Each water supply shall be of a safe, potable quality.
(2) Where an interconnection between systems is proposed to provide a second 
source of supply for one or both systems, the system being utilized as a second 
source of supply must be capable of supplying a minimum of 0.35 gallons per 
minute per connection for the total number of connections in the combined 
distribution systems.
<nl>(h)<ol>[(g)] Backflow, siphonage.
(1) No water connection from any public drinking water supply system shall be 
made to any establishment where an actual or potential contamination or system 
hazard exist without an air gap separation between the drinking water supply and 
the source of potential contamination. The containment air gap is sometimes 
impractical and, instead, reliance must be placed on individual "internal" air 
gaps or mechanical backflow prevention devices. Under these conditions, 
additional protection shall be required at the meter in the form of a backflow 
prevention device (in accordance with AWWA <nl>Standards C510 and C511,<ol> 
[Standard C506, latest revision,] and AWWA Manual M14) on those establishments 
handling substances deleterious or hazardous to the public health. The water 
purveyor need not require backflow protection at the water service entrance if 
an adequate cross-connection control program is in effect that includes an 
annual inspection and testing by a certified backflow prevention device tester. 
It will be the responsibility of the water purveyor to insure that these 
requirements are met.
<nl>(2) No water connection from any public drinking water supply system shall 
be made to any condensing, cooling or industrial process, or any other system of 
nonpotable usage over which the public water supply system officials do not have 
sanitary control, unless the said connection is made in accordance with the 
requirement of paragraph (1) of this subsection and water from such systems 
cannot be returned to the potable supply, except that water from heat exchangers 
using potable water may be returned to the potable water supply by meeting the 
standards as provided by the 1990 Basic/National Standard Plumbing Code, Section 
P-1505.12.2 for use of heat exchangers with an essentially nontoxic transfer 
fluid. Such heat exchangers using an essentially non-toxic transfer fluid are 
permitted to be of single wall construction.
<nl>(A) Essentially nontoxic fluid is a fluid having a toxicity rating or class 
of 1, as listed in Clinical Toxicology of Commercial Products, 5th Edition.
<nl>(B) Heat exchangers using an essentially nontoxic transfer fluid with 
single-wall construction must provide backflow preventers on both the intake 
side and the return side of the heat exchanger which are activated by the 
lockout circuit in the event of pressure failure.
<nl>(C) The heat exchanger must be prominently and permanently labeled with 
instructions concerning proper installation.
<nl>(3) Overhead bulk water dispensing stations must be provided with an air gap 
between the filling outlet hose and the receiving tank to protect against back 
siphonage and cross-contamination.
<nl>(4)<ol>[(2)] All backflow prevention devices shall be tested upon 
installation by a backflow prevention device tester as designated by the water 
purveyor. It is recommended that the designated tester be certified by the 
manufacturer or as specified in the water purveyor's regulations. It is strongly 
recommended that all backflow prevention devices be tested annually with their 
"test and maintenance" report forms retained for a minimum of three years.
<nl>(5)<ol>[(3)] The use of a backflow prevention device at the service 
connection shall be considered as additional backflow protection and shall not 
negate the use of backflow protection on internal hazards as outlined and 
enforced by local plumbing codes.
<nl>(i)<ol>[(h)] Water hauling. When drinking water is distributed by tank truck 
or trailer, in lieu of distribution piping, it must be <nl>accomplished<ol> 
[accompanied] in the following manner.
(1) Water shall be obtained from an approved source.
(2) The equipment used to haul the water must be approved by this department and 
must be constructed as follows.
(A) The tank truck or trailer shall be used for transporting drinking water only 
and shall be labeled "Drinking Water." Tanks which have been used previously for 
purposes other than transporting potable liquids shall not be used for hauling 
drinking water.
(B) The tank shall be watertight and of an approved material which is impervious 
and easily cleaned and disinfected. Any paint or coating and any plastic or 
fiberglass materials used as contact surfaces must be approved by the United 
States Environmental Protection Agency, the United States Food and Drug 
Administration, the United States Public Health Service, or the National 
Sanitation Foundation. Effective January 1, <nl>1993<ol> [1992], any newly 
installed surfaces must conform to ANSI/NSF Standard 61 and must be certified by 
an <nl>organization accredited by ANSI<ol> [agency recognized by the department] 
.
(C) The tank shall have a manhole and a manhole cover which overlaps the raised 
manhole opening by a minimum of two inches and terminates in a downward 
direction. The cover shall fit firmly on the manhole opening and shall be kept 
locked.
(D) The tank shall have a vent which is located and faced downward so as to 
minimize the drawing of contaminants into the stored water. The vent must be 
screened with 16-mesh or finer corrosion resistant material.
(E) Connections for filling and emptying the tank shall be properly protected to 
prevent the possible entrance of contamination. These openings must be provided 
with caps and keeper chains.
(F) A drain shall be provided which will completely empty the tank for cleaning 
or repairs.
(G) When a pump is used to transfer the water from the tank, the pump shall be 
permanently mounted with a permanent connection to the tank. The discharge side 
of the pump shall be properly protected between uses by a protective cap and 
keeper chain.
(H) Hoses used for the transfer of drinking water to and from the tank shall be 
used only for that purpose and labeled for drinking water. <nl>The hoses shall 
conform to ANSI/NSF Standard 61 and must be certified by an entity recognized by 
the department.<ol> Hoses and related appurtenances must be cleaned and 
disinfected on a regular basis during prolonged use or before start-up during 
[an] intermittent use. Hoses must be properly stored between uses and must be 
provided with caps and keeper chains or have the ends connected together.
(I) The tank shall be disinfected monthly and at any time that contamination is 
suspected.
(J) At least one sample per month from each tank shall be collected and 
submitted for bacteriological analysis to one of the department's approved 
laboratories for each month of operation.
(K) A minimum free chlorine residual of 0.5 mg/liter or<nl>, if chloramines are 
used as the primary disinfectant, a<ol> chloramine residual of 1. 0 mg/liter  
<nl>(measured as total chlorine) <ol> shall be maintained in the water being 
hauled. Chlorine or chlorine containing compounds may be added on a "batch" 
basis to maintain the required residual.
(L) Operational records detailing the amount of water hauled, purchases, and 
source of water shall be maintained.
sec.337.207. Water Storage.
(a) Capacity. The minimum clear well<nl>, storage tank,<ol> and pressure 
maintenance capacity shall be governed by the requirements in sec.337.208 of 
this title (relating to Minimum Water System Capacity Requirements).
<nl>(b)  Location of clear wells, standpipes, and ground storage and elevated 
tanks.
<nl>(1) No public water supply elevated storage or ground storage tank shall be 
located within 500 feet of any municipal or industrial sewage treatment plant or 
any land which is spray irrigated with treated sewage effluent.
<nl>(2) Insofar as possible, clear wells or treated water tanks shall not be 
located under any part of any buildings and, when possible, shall be constructed 
partially or wholly above ground.
<nl>(3) No storage tank or clear well located below ground level is allowed 
within 50 feet of a sanitary sewer or septic tank. However, if the sanitary 
sewers are constructed of 150 psi pressure rated pipe with watertight joints as 
used in water main construction, the minimum separation distance is 10 feet.
<nl>(4) No storage tank or clear well located below ground level is allowed 
within 150 feet of a septic tank soil absorption system.
[(b) Location. Insofar as possible, clear wells or treated water tanks shall not 
be located under any part of any buildings and, when possible, shall be 
constructed partially or wholly above ground. No sanitary sewers shall be 
located within 50 feet or septic tank soil absorption system located within 150 
feet of the reservoir or clear well if the reservoir or clear well is below 
ground level. However, if the sanitary sewers are constructed of 150 psi 
pressure rated pipe with watertight joints as used in water main construction, 
they may be located at distances less than 50 feet from an underground treated 
water reservoir.]
(c) Design and construction of clear wells, standpipes, <nl>ground storage 
tanks<ol>, [reservoirs] and elevated tanks. All facilities for potable water 
storage shall be covered and designed, fabricated, erected, tested, and 
disinfected in strict accordance with current <nl>American Water Works 
Association<ol> (AWWA) standards and shall be provided with the minimum number, 
size and type of roof vents, manways, drains, sample connections, access 
ladders, overflows, liquid level indicators and other appurtenances as specified 
in these rules. Bolted tanks shall be designed, fabricated, erected, and tested 
in strict accordance with current AWWA Standard D103. The roof of all tanks 
shall be designed and erected so that no water ponds at any point on the roof 
and, in addition, no area of the roof shall have a slope of less than 3/4 inch 
in 12 inches.
(1) Roof vents shall be gooseneck or roof ventilator and be designed by the 
engineer based on the maximum outflow from the tank. Vents shall be installed in 
strict accordance with current AWWA standards and shall be equipped with 
approved screens to prevent entry of animals, birds, insects, and heavy air 
contaminants. Screens shall be fabricated of corrosion resistant material and 
<nl>shall be 16-mesh or finer<ol> [shall have not less than 16 openings per 
linear inch]. Screens shall be securely clamped in place with stainless or 
galvanized bands or wires designed to withstand winds of not less than tank 
design criteria (unless specified otherwise by the engineer).
(2) All roof openings shall be designed in accordance with current AWWA 
standards. The primarily used roof access opening shall not be less than 30 
inches in diameter. Other roof openings required only for ventilating purposes 
during cleaning, repairing, or painting operations shall be not less than 24 
inches in diameter or as specified by the design engineer. Each access opening 
shall have a raised curbing [of] at least four inches in height  <nl>with a 
lockable cover that overlaps the curbing at least two inches in a downward 
direction. Where necessary, a gasket shall be used to make a positive seal when 
the hatch is closed. All hatches shall remain locked except during inspections 
and maintenance.<ol> [and shall be provided with a cover that overlaps and 
terminates in a downward direction for at least two inches with arrangements for 
keeping it locked in place. Hinged covers shall open at 90 degrees to the ladder 
that the access opening serves.]
(3) Overflows shall be designed in strict accordance with current AWWA standards 
and shall terminate with a gravity hinged and weighted cover. The cover shall 
fit tightly with no gap over 1/16 inch. If the overflow terminates at any point 
other than the ground level, it shall be located near enough and at a position 
accessible from a ladder or the balcony for inspection purposes. The overflow 
(or overflows) shall be sized to handle the maximum possible fill rate without 
exceeding the capacity of the <nl>overflow(s)<ol> [overflow]. <nl>The discharge 
opening of the overflow(s) shall be above the surface of the ground and shall 
not be subject to submergence.
(4) All clear wells and water storage tanks shall be equipped with a liquid 
level indicator located at the tank site. The indicator can be either a float 
with a moving target, or an ultrasonic level indicator, or a pressure gauge 
calibrated in feet of water [for ground reservoirs and standpipes]. If an 
elevated tank <nl>or standpipe<ol> has a float with moving target indicator, it 
must also have a pressure indicator located at ground level. Pressure gauges 
must not be less than three inches in diameter and calibrated at not more than 
two-foot intervals. Remote reading gauges at the owner's treatment plant or 
pumping station will not eliminate the requirement for a gauge at the tank site 
unless the tank is located at the plant or station.
(5) (No change.)
(6) Clear wells and potable water storage tanks shall be thoroughly tight 
against leakage, shall be situated above the groundwater table and shall have no 
walls in common with any other plant units containing water in the process of 
treatment. <nl>All associated appurtenances including valves, pipes, and 
fittings shall be tight against leakage.
(7) (No change.)
(8) All clear wells, ground <nl>storage tanks<ol> [reservoirs], standpipes, and 
elevated tanks shall be painted, disinfected, and maintained in strict 
accordance with current AWWA standards. However, no temporary coatings, wax 
grease coatings, or coating materials containing lead will be allowed. No other 
coatings will be allowed which are not approved for use (as a contact surface 
with potable water) by the United States Public Health Service (USPHS), the 
United States Environmental Protection Agency (EPA), National Sanitation 
Foundation (NSF), or the United States Food and Drug Administration (FDA). 
Effective January 1,  <nl>1993<ol> [1992], all newly installed coatings must 
conform to ANSI/NSF Standard 61 and must be certified by an <nl>organization 
accredited by ANSI<ol> [agency recognized by the department].
(9) (No change.)
(10) <nl>Each clearwell or potable water storage tank shall be provided with a 
drain or another means of preventing the accumulation of silt and deposits at 
all low points in the bottom of the tank <ol> [The design engineer will provide 
a means of preventing the accumulation of silt and deposits at all low points in 
the bottom of all water tanks].
(11) Access manways in the riser pipe, shell area, access tube, bowl area, or 
any other location opening directly into the water compartment shall be located 
in strict accordance with current AWWA standards. These openings shall not be 
less than 24 inches in diameter. However, in the case of a riser pipe or access 
tube of 36 inches diameter or smaller, the access manway may be 18 inches by 24 
inches with the vertical dimension not less than 24 inches. The primary access 
manway in the lower ring or section of a ground storage <nl>tank<ol> [reservoir] 
shall be not less than 30 inches in diameter. <nl>Where necessary, for any 
access manway which allows direct access to the water compartment, a gasket 
shall be used to make a positive seal when the access manway is closed.
(d) Design and construction of <nl>pressure (hydropneumatic)<ol> 
[hydropneumatic] tanks. All hydropneumatic tanks must be located wholly above 
grade and must be of steel construction with welded seams <nl>except as provided 
in paragraph (8) of this subsection <ol>.
(1) Metal thickness for <nl>pressure<ol> [hydropneumatic] tanks shall be 
sufficient to provide at least a minimum of 1/8 inch corrosion allowance and to 
withstand the highest expected working pressures with a four to one factor of 
safety. Tanks of 1,000 gallon capacity or larger must meet <nl>the standards of 
the American Society of Mechanical Engineers ( <ol>ASME<nl>),<ol> Section VIII, 
Division 1 Codes and Construction Regulations  <nl>and must have an access port 
for periodic inspections <ol>. An ASME name plate must be permanently attached 
<nl>to<ol> [for] those tanks. <nl>Tanks installed before July 1, 1988, are 
exempt from the ASME coding requirement but all new installations must meet this 
regulation. Exempt tanks can be relocated within a system but cannot be 
relocated to another system.
(2) All <nl>pressure<ol> [hydropneumatic] tanks shall be provided with a 
pressure release device and an easily readable pressure gauge.
(3) Facilities shall be provided for maintaining the air-water-volume at the 
design water level and working pressure. <nl>Air injection lines must be 
equipped with filters or other devices to prevent compressor lubricants and 
other contaminants from entering the pressure tank.<ol> A  <nl>device to readily 
determine air-water volume<ol> [sight glass] must be provided for all tanks 
greater than 1,000 gallon capacity. Galvanized tanks which are not provided with 
the necessary fittings and which were in operation on the effective date of 
these regulations shall be exempt from this requirement.
(4) (No change.)
(5) No <nl>pressure<ol> tank that has been used to store any material other than 
potable water may be considered for use in a public water system. A letter from 
<nl>the <ol> previous owner or owners must be provided as specified in 
subsection (c)(9) of this section.
(6) <nl>Pressure<ol> [Hydropneumatic] tank installations should be equipped with 
slow closing valves and time delay pump controls to eliminate water hammer and 
reduce the chance of tank failure.
<nl>(7) All associated appurtenances including valves, pipes, and fittings to 
pressure tanks shall be thoroughly tight against leakage.
<nl>(8) For systems utilizing seamless fiberglass tanks, a maximum of 300 
gallons of this type tank capacity is allowed.
<nl>(9) No more than three pressure tanks can be installed at any one site 
without the prior approval of the department.
(e) Facility fencing. All potable water storage  <nl>tanks<ol> [reservoirs] and 
pressure maintenance facilities must be enclosed by an intruder resistant fence 
with lockable gates. <nl>Locked pedestal-type elevated storage tanks without 
external ladders are exempt from this requirement.
[(f)  Location. No public water supply elevated storage, ground storage or 
hydropneumatic tank shall be located within 500 feet of any municipal or 
industrial sewage treatment plant or any land which is spray irrigated with 
treated sewage effluent.]
sec.337.208. Minimum Water System Capacity Requirements.
<nl>(a) General provisions. The following requirements are to be used in 
evaluating both the total capacities for public water systems and the capacities 
at individual pump stations and pressure planes. The capacities listed below are 
minimum requirements only. Additional supply, storage, service pumping, and 
pressure maintenance facilities will be required by the department if a normal 
operating pressure of 35 psi cannot be maintained throughout the system. 
Additional capacities will also be required if the system is unable to maintain 
a minimum pressure of 20 psi during fire fighting, line flushing and other 
unusual conditions. In all sections governing quantity requirements, total 
storage capacity does not include pressure tank capacity.
<nl>(b)  Community water systems.<ol> [(a) Community public water systems. All 
quantities listed below are only minimum requirements. In view of the wide 
variation in per capita water usage throughout the State of Texas, the 
determining factor for water system facilities is the ability of the system to 
maintain a minimum residual pressure of 20 psi at all points in the distribution 
system under peak demand conditions. Those systems which are unable to maintain 
the specified minimum pressure will be required to provide additional supply, 
storage, pumping, or pressure maintenance facilities as determined by this 
department on a case-by-case basis. Although the minimum pressure will be 
determined under actual flow conditions, the system must be designed to maintain 
a minimum pressure of 35 psi at all points within the distribution network at 
flow rates of at least 1.5 gallons per minute per connection. NOTE: In all 
sections governing quantity requirements, total storage capacity does not 
include pressure tank capacity, if any.]
(1) Groundwater supply requirements are as follows.
(A) If less than 50 connections without ground storage, the system must have the 
following:
(i) a pressure tank capacity of 50 gallons per connection; and
(ii) a well capacity of 1.5 gallons per minute per connection.
(B) If less than 50 connections with ground storage, the system must have the 
following:
(i) a total storage capacity of 200 gallons per connection;
(ii) a pressure tank capacity of 20 gallons per connection;
(iii) a well capacity of 0.6 gallon per minute per connection; and
(iv) a service pump capacity of 2.0 gallons per minute per connection.
(C) For 50 to 250 connections, the system must have the following:
(i) a total storage capacity of 200 gallons per connection;
(ii) pressure maintenance facilities which have either elevated storage based on 
100 gallons per connection or pressure tank capacity of 20 gallons per 
connection;
(iii) a well capacity of 0.6 gallon per minute per connection; and
(iv) a service pump capacity such that each pump station or pressure plane shall 
have two or more pumps having a total capacity of 2.0 gallons per minute per 
connection.
(D) For more than 250 connections, the system must meet the following 
requirements.
(i) Total storage capacity of 200 gallons per connection must be provided.
(ii) Pressure maintenance facilities must either have elevated storage based on 
100 gallons per connection or pressure tank capacity of 20 gallons per 
connection with a maximum of 30,000 gallons for systems with less than 2,500 
connections. Elevated storage in the amount of 100 gallons per connection is 
required for systems with over 2,500 connections. Systems with over 50,000 
connections which utilize multiple production plants may<nl>, with the 
department's approval,<ol> substitute additional ground storage capacity, 
service pumping capacity and auxiliary power for elevated storage in excess of 
five million gallons [at the discretion of the department]. Pressure tank 
installations are not recommended for systems between 1,000 and 2,500 
connections and serious consideration should be given to the provision of 
elevated storage.
(iii) Well capacity must be such that two or more wells having a total capacity 
of 0.6 gallons per minute per connection are provided. Where an interconnection 
is provided with another acceptable water system capable of supplying at least 
0.35 gallons per minute for each connection in the combined system under 
emergency conditions, an additional well will not be required as long as the 0.6 
gallons per minute per connection requirement is met for each system on an 
individual basis. Each water system will still be required to meet the storage 
and pressure maintenance requirements on an individual basis unless the 
interconnection is permanently open. In this case, the systems will be 
considered as a single system.
(iv) Service pump capacity must be such that each pump station or pressure plane 
shall have two or more pumps having a total capacity of 2.0 gallons per minute 
per connection or <nl>have a<ol> total capacity of <nl>at least<ol> 1,000 
gallons per minute and be able to meet peak <nl>hourly<ol> demands <nl>with the 
largest pump out of service<ol> (whichever is less).
(v) Auxiliary power must be such that it is sufficient to deliver a minimum of 
0.35 gallon per minute per connection to the distribution system in the event of 
the loss of normal power supply. Auxiliary power is required for all systems 
which do not meet the elevated storage requirement.  <nl>Alternately, an 
emergency interconnection can be provided with another public water system that 
has auxiliary power and is able to supply least 0.35 gallon per minute for each 
connection in the combined system. <ol> [Systems which have an emergency 
interconnection with a system that has auxiliary power and can provide 0.35 
gallon per minute for each connection in the combined system are exempt.]
(E) <nl>Mobile<ol> [High density mobile] home parks <nl>with a density of eight 
or more units per acre<ol> and apartment complexes supplying less than 100 
connections without ground storage, must have the following:
(i) a pressure tank capacity of 50 gallons per connection with a maximum of 
2,500 gallons required; and
(ii) a well capacity of 1.0 gallon per minute per connection.
(F) <nl>Mobile<ol> [High density mobile] home parks and apartment complexes 
supplying 100 or more connections <nl>,<ol> or supplying less than 100 
connections and utilizing ground storage, must meet the following requirements.
(i) Total storage must equal a capacity of 200 gallons per connection.
(ii) Pressure tank capacity must equal 20 gallons per connection.
(iii) Well capacity must <nl>be at least<ol> [have a total capacity of] 0.6 
gallon per minute per connection. Systems with 250 or more connections must have 
either two wells or an approved interconnection which is capable of supplying at 
least 0.35 gallons per minute for each connection in the combined system.
(iv) (No change.)
(2) <nl>All community surface <ol> [Surface] water supply <nl>systems must 
provide the following<ol> [requirements are as follows.]<nl>:
<nl>(A) a raw water pump capacity of 0.6 gallon per minute per connection with 
the largest pump out of service;
<nl>(B) a treatment plant capacity of 0.6 gallon per minute per connection under 
normal rated design flow;
<nl>(C) transfer pumps (where applicable) with a capacity of 0.6 gallon per 
minute per connection with the largest pump out of service;
<nl>(D)  covered clearwell storage capacity at the treatment plant based on 50 
gallons per connection or, for systems serving more than 250 connections, 5.0% 
of daily plant capacity;
<nl>(E) total storage capacity of 200 gallons per connection;
<nl>(F) service pump capacity with each pump station or pressure plane having 
two or more pumps having a total capacity of 2.0 gallons per minute per 
connection or have a total capacity of at least 1,000 gallons per minute and be 
able to meet peak hourly demands with the largest pump out of service, whichever 
is less;
<nl>(G) pressure maintenance facilities having either elevated storage based on 
100 gallons per connection or pressure tank capacity of 20 gallons per 
connection with a maximum of 30,000 gallons for systems with less than 2,500 
connections. Elevated storage in the amount of 100 gallons per connection is 
required for systems with over 2,500 connections. Systems with over 50,000 
connections which utilize multiple production plants may, with the approval of 
the department, substitute additional ground storage capacity, service pumping 
capacity, and auxiliary power for elevated storage in excess of 5.0 million 
gallons. Pressure tank installations are not recommended for systems of between 
1,000 and 2,500 connections and serious consideration should be given to the 
provision of elevated storage; and
<nl>(H) auxiliary power for systems which serve more than 250 connections and do 
not meet the elevated storage requirement. Auxiliary power must be such that it 
is sufficient to deliver a minimum of 0.35 gallons per minute per connection to 
the distribution system in the event of the loss of normal power supply. 
Alternately, an emergency interconnection can be provided with another public 
water system that has auxiliary power and is able to supply least 0.35 gallon 
per minute for each connection in the combined system.
[(A)  For less than 50 connections, the system must have the following:
[(i) a total storage capacity of 200 gallons per connection, with a minimum 
capacity of 1,000 gallons, provided as clear well capacity at the plant;
[(ii) a pressure tank capacity of 20 gallons per connection with a minimum 
capacity of 250 gallons;
[(iii) a raw water pump capacity of 0.6 gallon per minute per connection with 
the largest pump out of service;
[(iv) a transfer pump capacity (where applicable) of 0.6 gallon per minute per 
connection with the largest pump out of service;
[(v) a treatment plant capacity of 0.6 gallons per minute per connection under 
normal rated design capacity; and
[(vi) a service pump capacity of 2.0 gallons per minute per connection.]
[(B) For 50 to 250 connections, the system must have the following:
[(i) a total storage capacity of 200 gallons per connection;
[(ii) a clearwell capacity such that covered clearwell storage or ground storage 
at the plant is at least 50 gallons per connection; to provide for adequate 
chlorine contact time;
[(iii) pressure maintenance facilities which have either elevated storage 
capacity based on 100 gallons per connection or pressure tank capacity of 20 
gallons per connection;
[(iv) a raw water pump capacity of 0.6 gallon per minute per connection with the 
largest pump out of service;
[(v) a transfer pump capacity (where applicable) of 0.6 gallon per minute per 
connection with the largest pump out of service;
[(vi) a treatment plant capacity of 0.6 gallons per minute per connection under 
normal rated design capacity; and
[(vii) a service pump capacity such that each pump station or pressure plane 
shall have two or more pumps with a total capacity of 2.0 gallons per minute per 
connection.
[(C) For more than 250 connections the system must meet the following 
requirements.
[(i) Total storage capacity of 200 gallons per connection must be provided.
[(ii) Clear well capacity must be such that covered clearwell storage or ground 
storage at the plant is at least five percent of rated daily plant capacity to 
provide for adequate chlorine contact time.
[(iii) Pressure maintenance facilities must either have elevated storage based 
on 100 gallons per connection or pressure tank capacity of 20 gallons per 
connection with a maximum of 30,000 gallons for systems with less than 2,500 
connections. Elevated storage in the amount of 100 gallons per connection is 
required for systems with over 2,500 connections. Systems with over 50,000 
connections which utilize multiple production plants may substitute additional 
ground storage capacity, service pumping capacity, and auxiliary power for 
elevated storage in excess of 5.0 million gallons, at the discretion of the 
department. Pressure tank installations are not recommended for systems of 
between 1,000 and 2,500 connections and serious consideration should be given to 
the provision of elevated storage.
[(iv) Raw water pump capacity must be 0.6 gallon per minute per connection with 
the largest pump out of service.
[(v) Transfer pump capacity (where applicable) must be 0.6 gallon per minute per 
connection with the largest pump out of service.
[(vi) Treatment plant must have a capacity of 0.6 gallons per minute per 
connection under normal rated design capacity.
[(vii) Service pump capacity must be such that each pump station or pressure 
plane shall have two or more pumps having a total capacity of 2.0 gallons per 
minute per connection or total capacity of 1,000 gallons per minute and able to 
meet peak demand (whichever is less).
[(viii) Auxiliary power must be such that it is sufficient to deliver a minimum 
of 0.35 gallons per minute per connection to the distribution system in the 
event of the loss of normal power supply. Auxiliary power is required for all 
systems which do not meet the elevated storage requirement. Systems which have 
an emergency interconnection with a system that has auxiliary power and can 
provide 0.35 gallons per minute for each connection in the combined system are 
exempt.]
<nl>(c)<ol>[(b)] Noncommunity water systems serving transient accommodation 
units. The following water quantity requirements are applicable to noncommunity 
water systems serving accommodation units such as hotel rooms, motel rooms, 
travel trailer spaces, campsites, and similar accommodation. [These requirements 
will be used as a basis in plan review for the establishment of new noncommunity 
water systems serving transient populations and in determining the appropriate 
quantity requirements for similar existing water systems following field 
surveys.]
(1) Groundwater supply requirements are as follows.
(A) If less than 100 accommodation units <nl>without ground storage<ol>, the 
system must have the following:
(i) a pressure tank capacity of 10 gallons per unit with a minimum of 
<nl>220<ol> [250] gallons; and
(ii) a well capacity of 1.0 gallon per minute per unit.
(B) For systems <nl>serving less than 100 accommodation units with ground 
storage or any system<ol> serving 100 or more accommodation units, the system 
must have the following:
(i) a ground storage capacity of 35 gallons per unit;
(ii) a pressure tank capacity of 10 gallons per unit;
(iii) a well capacity of 0.6 gallon per minute per unit; and
(iv) a service pump capacity such that two or more pumps have a total capacity 
of 1.0 gallon per minute per unit.
(2) All surface water supplies regardless of size must have the following:
(A) a ground storage capacity of 35 gallons per unit with a minimum of 1, 000 
gallons as clearwell capacity [for adequate chlorine detention time];
(B) a pressure tank capacity of 10 gallons per unit with a minimum requirement 
of <nl>220<ol> [250] gallons;
(C) a raw water pump capacity of 0.6 gallon per minute per unit with the largest 
pump out of service;
(D) a transfer pump capacity (where applicable) of 0.6 gallon per minute per 
unit with the largest pump out of service;
(E) a treatment plant capacity of 0.6 gallon per minute per unit; and
(F) a service pump capacity such that two or more pumps have a total capacity of 
1.0 gallon per minute per unit.
<nl>(d)<ol>[(c)] NonCommunity water systems serving other than transient 
accommodation units.
(1) The following table <nl>us applicable to paragraphs (2) and (3) of this 
subsection and shall be used to determine the maximum daily demand<ol> [shall be 
used to estimate the daily water requirements] for the various types of 
facilities listed:
(2) Groundwater supply requirements are as follows.
(A) If less than 300 persons per day are served, the system must have the 
following:
(i) [a pressure tank capacity at] a minimum <nl>pressure<ol> tank capacity of 
<nl>220<ol> [250] gallons with additional capacity, if necessary, based on a 
sanitary survey conducted by the department's personnel; and
(ii) a well capacity which is <nl>capable of supplying the maximum daily demand 
of the system during the hours of operation. <ol> [sized to provide the maximum 
daily demand as determined in paragraph (1) of this subsection and an estimate 
of the time of the usage.]
(B) If 300 or more persons per day are served, the system must have the 
following:
(i) a ground storage capacity which is equal to 50% of the maximum daily demand 
[determined in this subsection];
(ii) [a pressure tank capacity at] a minimum <nl>pressure<ol> tank capacity of 
<nl>220<ol> [250] gallons with additional capacity, if necessary, based on a 
sanitary survey conducted by the department's personnel;
(iii) a well capacity which is capable of supplying <nl>the<ol> maximum daily 
demand [determined in this subsection]; and
(iv) a service pump capacity [which has one or more pumps with a combined 
capacity] of <nl>at least <ol> three times the maximum daily <nl>demand<ol> 
[flow rate in gallons per minute].
(3) Each surface water supply, regardless of size, shall meet the following 
requirements:
(A) <nl>a clearwell capacity which is equal to 50% of the maximum daily 
demand;<ol> [a ground storage capacity which provides clearwell storage at the 
plant in sufficient quantity as to produce a 30 minute chlorine detention time 
at a flow rate of three times the maximum daily flow rate in gallons per minute 
as determined by this subsection;]
(B) [a pressure tank capacity at] a minimum <nl>pressure <ol> tank capacity of 
<nl>220<ol> [250] gallons with additional capacity, if necessary, based on a 
sanitary survey conducted by the department's personnel;
(C) a treatment plant capacity <nl>which is capable of supplying the system's 
maximum daily demand<ol> [sized to provide maximum daily usage as determined by 
this subsection];
(D) a raw water pump capacity <nl>capable of supplying the maximum daily demand 
of the system <ol> [sufficient to provide maximum daily usage plus a 20% 
allowance for filter backwash water and flushing] with the largest pump out of 
service;
(E) a transfer pump capacity (where applicable) sufficient to provide maximum 
daily demand [as determined by this subsection] with the largest pump out of 
service; and
(F) [a service pump capacity such that] two or more  <nl>service<ol> pumps 
<nl>with <ol> [have] a total capacity of three times the maximum daily 
<nl>demand<ol> [flow rate in gallons per minute as determined by this 
subsection].
<nl>(e)<ol>[(d)] Water wholesalers. The following additional requirements apply 
to systems which supply wholesale treated water to other public water supplies.
(1) All wholesalers must provide sufficient production, treatment and service 
pumping capacity to meet or exceed the combined maximum daily commitments 
specified in their various contractual obligations.
(2) For systems supplying both retail and wholesale connections, the 
department's requirements for the system's wholesale connections are in addition 
to the department's requirements for the system's retail connections.
<nl>(f) Purchased water systems. The following requirements apply only to 
systems which purchase treated water to meet all or part of their production, 
storage, service pump, or pressure maintenance capacity requirements.
<nl>(1) The contract shall authorize the purchase of sufficient quantities of 
water to meet the monthly or annual needs of the purchaser.
<nl>(2) The contract shall also establish the maximum rate at which water may be 
drafted on a daily and on an hourly basis. In the absence of specific maximum 
daily or maximum hourly rates in the contract, a uniform purchase rate for the 
contract period will be used.
<nl>(3) The maximum authorized daily purchase rate specified in the contract 
plus the actual production capacity of the system shall be at least 0.6 gallons 
per minute per connection.
<nl>(4) For systems which purchase water under direct pressure, the maximum 
hourly purchase authorized by the contract plus the actual service pump capacity 
of the system must be at least 2.0 gallons per minute per connection or provide 
at least 1,000 gallons per minute and be able to meet peak hourly demands with 
the largest pump out of service, whichever is less.
<nl>(5)  All other minimum capacity requirements specified in this section shall 
apply.
sec.337.209. Minimum Acceptable Operating Practices for Public Drinking Water 
Systems.
(a) (No change.)
(b) Bacteriological. Submission of samples for bacteriological analysis shall be 
as required by <nl>sec.sec.337.1-337.21 of this title (relating to Drinking 
Water Standards Governing Drinking Water Quality and Reporting Requirements for 
Public Water Supply Systems) <ol> [the drinking water standards]. <nl>Special 
samples may be required by the department for monitoring purposes in addition to 
the routine samples required by sec. s337.1-337.21.<ol> [A minimum number of 
samples shall be submitted from each pressure plane or section of distribution 
served by a separate ground storage reservoir and/or service pump(s). This shall 
be in accordance with the population served by each.] These samples shall be 
submitted [each month] to the department or one of its approved laboratories. 
<nl>(A list of the approved laboratories can be obtained by contacting the 
department). <ol>[(Different laboratories may accept samples on different days 
of the week. Refer to a department publication titled "The Whys and Hows of 
Water Sampling," for information on how to collect samples and where to send 
them.)]
(c) (No change.)
(d) Monthly operation reports. A monthly report of water works operation must be 
compiled [and a copy must be submitted to the department. Use department Form H-
3 for well supplies and department Form H-13 for surface supplies]. The report 
shall show raw and treated water analyses, amounts of various chemicals, 
<nl>daily<ol> distribution system pumpages, dates of dead-end main flushes, 
cleanings of <nl>storage tanks<ol> [reservoirs], daily turbidity analyses for 
surface water sources, results of bacteriological and chemical tests performed, 
and other pertinent data. A copy must be kept on file for review and made 
available during inspections.
(1) <nl>A copy of the monthly report must be submitted to the Texas Department 
of Health, 1100 West 49th Street, Austin, Texas 78756-3192, by the 15th day of 
the following month. The copy submitted to the department must contain all the 
information required by the sec.sec.337.1-337.21 and the results of any special 
monitoring tests which have been required.<ol> [Results of daily turbidity and 
disinfectant residual analyses for surface water supplies must be included in 
the monthly report and a copy of the report must be submitted monthly to the 
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3192.]
(2) (No change.)
(e) Operation by certified personnel. <nl>All systems which charge, either 
directly or indirectly, for drinking water and all systems utilizing surface 
water must be under the direct supervision of a certified water works operator. 
The operator shall ensure that the water system complies with the requirements 
of this section.<ol> [No district, municipality, firm, corporation, or 
individual shall furnish to the public any drinking water for which any charge 
is made, unless the production, processing, treatment, and distribution is at 
all times under the direct supervision of a competent water works operator 
holding a valid certificate of competency issued under the direction of the 
department. A Grade "D" certificate is valid for systems with 250 or fewer 
connections. Systems serving in excess of 250 connections must employ an 
operator with Grade "C" or higher certificates. Systems serving in excess of 1, 
000 connections must employ at least two Grade "C" certified operators. Each 
surface water treatment plant must have a certified surface water operator on 
duty when the plant is in operation or be provided with continuous turbidity and 
disinfectant residual monitors with automatic plant shutdown or alarms to summon 
operators so as to insure that the water produced continues to meet the 
department's drinking water standards during periods in which the plant is 
unattended.]
<nl>(1) No district, municipality, firm, corporation, or individual shall 
furnish to the public any drinking water for which any charge is made, unless 
the production, processing, treatment, and distribution is at all times under 
the direct daily supervision of a competent water works operator holding a valid 
certificate of competency issued under the direction of this department. A Grade 
"D" certificate is valid for systems with 250 or fewer connections. Systems 
serving in excess of 250 connections must employ an operator with a Grade "C" or 
higher certificate. Systems serving in excess of 1,000 connections must employ 
at least two Grade "C" certified operators.
<nl>(2) Each surface water treatment plant must have at least a Grade "C" 
surface water operator on duty when the plant is in operation or be provided 
with continuous turbidity and disinfectant residual monitors with automatic 
plant shutdown and alarms to summon operators so as to insure that the water 
produced continues to meet the department's drinking water standards during 
periods in which the plant is unattended.
<nl>(f) Disinfectant residual and monitoring. Facilities shall be provided to 
maintain an adequate disinfectant residual throughout the distribution system 
and equipment shall be available for monitoring the concentration of the 
disinfectant.
<nl>(1) Mechanical disinfection facilities capable of maintaining an acceptable 
disinfectant residual shall be provided for all public water supplies. At all 
times, the disinfection equipment shall be operated to maintain the following 
minimum disinfectant residuals in the far reaches of the distribution system:
<nl>(A) a free chlorine residual of 0.2mg/l; or
<nl>(B) a chloramine residual of 0.5mg/l (measured as total chlorine) for those 
systems that feed ammonia.
<nl>(2) The disinfectant residual in the distribution system must be tested 
periodically using a test kit which employs a diethyl-p-phenylenediamine (DPD) 
indicator. The record of these test results shall be maintained for a period of 
not less than three years.
<nl>(A) Systems which utilize groundwater or purchased water sources only and 
which serve less than 100 connections or 250 persons daily must test the 
disinfectant residual at representative locations in the distribution system at 
least every seven days.
<nl>(B) Except those systems which utilize groundwater or purchased water 
sources only and serve less than 100 connections or 250 persons daily, all 
public water systems must conduct daily disinfectant residual tests at 
representative locations throughout the distribution system.
[(f) Disinfection. Mechanical disinfection facilities capable of maintaining a 
residual shall be provided for all public water supplies with the point of 
application prior to pumping to the distribution system. At all times, the 
disinfection equipment shall be operated to maintain the following minimum 
residuals in the far reaches of the distribution system:
[(1) free chlorine residual - 0.2mg/l; or
[(2) chloramine residual - 0.5mg/l.]
(g) Disinfection of new or repaired facilities. Disinfection by or under the 
direction of water system personnel must be performed when repairs are made to 
existing <nl>facilities and before new facilities are placed into service. 
Disinfection must be performed in accordance with AWWA requirements and water 
samples must be submitted to an approved laboratory. The sample results must 
indicate that the facility is free of microbiological contamination before it is 
placed into service<ol> [mains or when new main extensions are provided. These 
personnel must use amounts of chlorine or chlorine compounds as to fill the 
repaired or new mains and appurtenances with water containing 50 mg/l chlorine. 
After the water containing this amount of chlorine has been in contact with the 
pipe and appurtenances at least 24 hours, the water shall be replaced with the 
water to be normally transported and samples of water from the main submitted to 
the department's laboratories for bacteriological examination. This will act as 
assurance that the disinfection procedure was effective. When it is necessary to 
return repaired mains to service as rapidly as possible, doses may be increased 
to 500 mg/l and the contact time reduced to one-half hour].
(h)-(i) (No change.)
(j) Cross-connection control. Water department personnel, plumbing inspectors, 
and others shall inspect individual water facilities prior to providing service 
and periodically thereafter to prevent possible cross-connections between the 
potable (safe) water system and any nonpotable (unsafe) water. Continuous 
efforts shall be made by water department personnel, plumbing inspectors, and 
others to locate possible cross-connections between privately owned water 
systems and the public water system. As these undesirable cross-connections are 
located, they shall be eliminated so as to prevent possible contamination of the 
water supplied by the <nl>public<ol> [community] water facilities.
(k)-(o) (No change.)
<nl>(p) Ground, elevated, and pressure storage tank maintenance. Ground, 
elevated, and pressure tanks must be inspected annually by water system 
personnel or a contracted inspection service. The results of these inspections 
must be recorded and maintained for a period of not less than five years.
<nl>(1) Ground and elevated storage tank inspections must determine that the 
vents are in place and properly screened, the roof hatches closed and locked, 
flap valves and gasketing provide adequate protection against insects, rodents 
and other vermin, the interior and exterior coating systems are continuing to 
provide adequate protection to all metal surfaces, and that the tank remains in 
a watertight condition.
<nl>(2) Pressure storage tank inspection must determine that the pressure 
release device and pressure gauge are operational, the air-water ratio is being 
maintained at the proper level, the exterior coating systems are continuing to 
provide adequate protection to all metal surfaces, and that the tank remains in 
a watertight condition. Pressure tanks provided with an inspection port must 
have the interior surface inspected every five years.
[(p) Ground and elevated storage tank maintenance. Both ground and elevated 
storage tanks must be inspected at least annually to determine that the vents 
are in place and properly screened, the roof hatches closed and locked, flap 
valves provide adequate protection against insects, rodents, and other vermin, 
and that the interior and exterior coating systems are continuing to provide 
adequate protection to all metal surfaces.]
(q) (No change.)
<nl>(r) Data on water system ownership and management. The department shall be 
provided with information regarding water system ownership and management.
<nl>(1) When a water system changes ownership, a written notice of the 
transaction must be provided to the department by the current owner or 
responsible official 30 days prior to the date of the transaction. The notice 
must include the name of both the current and prospective owner or responsible 
official, the proposed date of the transaction, the address and phone number of 
the new owner or responsible official, the system's Texas Department of Health 
identification number, and any other information necessary to properly identify 
the transaction.
<nl>(2) On an annual basis, each certified operator which supervises more than 
one water system shall provide the department with their certificate number, 
address, and telephone number, and the name and identification number of each 
public water system which they supervise. Each operating company shall provide 
this information for itself and for each of its operators.
[(r) Changes in system ownership. When water system ownership changes, a written 
notice of such a transaction must be provided to the department by the previous 
owner within ten days of the date of the transaction. The notice must include 
the name of the old and the new owner, the date of transaction, the address of 
the new owner or responsible official, and any other information necessary to 
properly identify the transaction.]
(s) Boil water notice. In the event of numerous or prolonged periods of low 
distribution pressures, water outages, repeated unacceptable bacteriological 
samples, or failure to maintain adequate chlorine residuals, a boil water notice 
or other protective measures may be required at the discretion of the 
department. <nl>Once a water system has been notified by the department to issue 
a boil water notice, the system must notify its customers within 72 hours using 
specific language and procedures approved by the department. Boil water notices 
must remain in effect until rescinded by the department. Once the order is 
lifted, the customers must be notified in a manner similar to the original 
notice. A copy of these notices must be provided to the department.
<nl>(t) Water leakage. All water storage facilities, distribution system lines, 
and related appurtenances must be maintained in a watertight condition.
<nl>(u) Minimum pressures. All public water systems shall be operated so as to 
to provide a minimum pressure of 35 psi throughout the distribution system under 
normal operating conditions. The system shall also be operated to maintain a 
minimum pressure of 20 psi during emergencies such as fire fighting.
<nl>(v) System ownership. All community water systems shall post a legible sign 
at each of its production, treatment, and storage facilities. The sign shall be 
located in plain view of the public and shall provide the name of the water 
supply and an emergency telephone number where a responsible official can be 
contacted. Facilities which belong to a municipality and are located within the 
city limits are exempt from this requirement.
sec.337.210. Appendix A. 23>Recognition as a Superior Public Water System [State 
Approval Recognition].
(a) Requirements. Public water supply systems which achieve and maintain [state 
approval] recognition <nl>as a "Superior Public Water System"<ol> must exceed 
the minimum acceptable standards of the department in these sections. To attain 
this recognition, the following additional requirements must be met:
(1)-(8) (No change.)
(b) Signs. Systems which have met the requirements for <nl>recognition as a 
superior system<ol> [state approval] have the privilege of erecting signs 
denoting this honor.
(c) Inspections. <nl>To receive or maintain recognition as a superior water 
system, the system<ol> [Prior to approval or reapproval, systems] must be 
inspected and evaluated by department personnel as to physical facilities, 
appearance and operation. Systems which fail to meet or exceed the above 
requirements in this section <nl>will be denied recognition or will have their 
recognition revoked<ol> [may have their state approval revoked]. <nl>The signs 
shall be immediately removed on notice from the department if the water supply 
system does not continue to meet the specified requirements.
sec.337.211. Appendix B. Sample Service Agreement.
[graphic]
sec.337.212. Appendix C. Sample Sanitary Control Easement Document for a Public 
Water Well.
[graphic]
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 October 4, 1991.
TRD-9112202
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Proposed date of adoption: January 15, 1992
For further information, please call: (512) 458-7533
Public Water Systems
25 TAC sec.337.211
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Health or in the Texas Register office, Room 245, James Earl Rudder Building, 
1019 Brazos Street, Austin.)
The repeal is proposed under Health and Safety Code (Code), sec.341.002, which 
provides the Board of Health with the authority to adopt rules covering public 
water systems, and to establish standards and procedures for the management and 
control of sanitation and for health protection measures; and sec.12.001, which 
provides the board with the authority to adopt rules to implement every duty 
imposed by law on the board, the department, and the commissioner of health. The 
repeal will affect the Code, Chapter 341.
sec.337.211. Appendix B. Minimum Required Water Main Sizes.
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 October 4, 1991.
TRD-9112203
Robert A. MacLean
Deputy Commissioner
Texas Department of Health
Proposed date of adoption: January 15, 1992
For further information, please call: (512) 458-7533
       
TITLE 31. NATURAL RESOURCES AND CONSERVATION
Part XV. Texas Low-Level Radioactive Waste Disposal Authority
Chapter 449. General Provisions
Subchapter A. Administrative
31 TAC sec.449.2, sec.449.7
The Texas Low-Level Radioactive Waste Disposal Authority proposes amendments to 
sec.449.2 and sec.449.7, concerning the address of the authority's business 
office and official records of the agency. Section 449.2 updates the address of 
the authority. Section 449.7, eliminates the procedures for handling 
confidential information since those procedures are already covered in the Texas 
Open Records Act, Texas Civil Statutes, Article 6252-17a.
Mike Branum, chief accountant, 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.
Lee H. Mathews, deputy general manager and general counsel 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 
public knowledge of where the authority may be contacted, and an increased 
availability of agency documents. 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 Lee H. Mathews, Texas Low-Level 
Radioactive Waste Disposal Authority, 7701 North Lamar Boulevard, Suite 300, 
Austin, Texas 78752, (512) 451-5292.
The amendments are proposed under the Health and Safety Code, sec.402.054, which 
provides the Texas Low-Level Radioactive Waste Disposal Authority with the 
authority to adopt rules, standards, and orders necessary to properly carry out 
the Texas Low-Level Radioactive Waste Disposal Authority Act and to protect the 
public health and safety and the environment from activities of the authority.
sec.449.2. Business Offices and Mailing Address of the Authority.  The 
authority's offices are located at <nl>7701<ol> [7703] North Lamar <nl>Boulevard 
<ol>, Suite 300, Austin, Texas 78752. The office address is also the mailing 
address.
sec.449.7. Official Records
[(a)] Subject to the limitations provided in the Open Records Act, Texas Civil 
Statutes, Article 6252-17a, all information and data collected, assembled, or 
maintained by the authority are public records open to inspection and copying 
during regular office hours.
[(b) Any person who submits written information or data to the authority and 
requests that the information be considered confidential, privileged, or 
otherwise not available to the public under the Open Records Act, Texas Civil 
Statutes, Article 6252-17a, shall fully justify such request in writing to the 
general manager.
[(c) If the general manager agrees in writing to the request, the information 
shall not be open for public inspection and may upon request be returned to the 
person submitting the information after it has served the purpose for which it 
was submitted].
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 October 2, 1991.
TRD-9112114
Lee H. Mathews
Deputy General Manager and General Counsel
Texas Low-Level Radioactive Waste Disposal Authority
Proposed date of adoption: November 19, 1991
For further information, please call: (512) 451-5292
       
Subchapter C. Site Selection Hearings
31 TAC sec.sec.449.31-449.33, 449.35
The Texas Low-Level Radioactive Waste Disposal Authority proposes amendments to 
sec.sec.449.31-449.33, and 449.35, concerning references to the authority's 
statute. Sections 449.31-449.33, and 449.35 now reference citations to the 
Health and Safety Code which recodified the authority's enabling statute.
Mike Branum, chief accountant, 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.
Lee H. Mathews, deputy general manager and general counsel 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 an increased 
public awareness of the recodified statutory provisions that govern the 
authority's activities. 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 Lee H. Mathews, Texas Low-Level 
Radioactive Waste Disposal Authority, 7701 North Lamar Boulevard, Suite 300, 
Austin, Texas 78752, (512) 451-5292.
The amendments are proposed under the Health and Safety Code, sec.402.054 which 
provides the Texas Low-Level Radioactive Waste with the authority to adopt 
rules, standards, and orders necessary to properly carry out the Texas Low-Level 
Radioactive Waste Disposal Authority Act and to protect the public health and 
safety and the environment from activities of the authority.
sec.449.31. Purpose of Rules. The purpose of these rules is to establish 
procedures and practices for public hearings required by <nl>the Health and 
Safety Code, sec.402.088<ol> [Texas Civil Statutes, Article 4590f-1, sec.3.07] 
for the selection by the board of a site for disposal of low-level radioactive 
wastes.
sec.449.32. Notice.
(a) The board shall give notice of a public hearing in accordance with the 
requirements of <nl>the Health and Safety Code, sec.402.088 <ol> [Texas Civil 
Statutes, Article 4590f-1 sec.3.07].
(b)  (No change.)
(c) In addition to newspaper notice required by  <nl>the Health and Safety Code, 
sec.402.088<ol> [Texas Civil Statutes, Article 4590f-1 sec.3.07], the board may, 
at least 30 days prior to the date of the hearing, send notice by first class 
mail to any local, state, and federal government agencies and persons whom the 
board believes have an interest in the subject of the hearing. Failure to mail 
notice under this section shall not invalidate any subsequent actions taken by 
the board.
sec.449.33. Content of Notice. The notice of hearing shall include the 
following:
(1)-(3) (No change.)
(4) a description of the report required by <nl>the Health and Safety Code, 
sec.402.086<ol> [Texas Civil Statutes, Article 4590f-1,  s3.07(b)] and the 
method for obtaining copies of the report or additional information; and
(5) (No change.)
sec.449.35. Post-Hearing Actions. <ol> If the hearing is conducted by a designee 
of the board, the designee shall prepare a report to the board which summarizes 
testimony taken at the hearing and which recommends, based on the testimony and 
other considerations set out in <nl>the Health and Safety Code, sec.402.089 <ol> 
[Texas Civil Statutes, Article 4590f-1, sec.3.07(c)], whether the proposed site 
should be selected. The board may take any action on the designee's 
recommendation as it considers appropriate.
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 October 2, 1991.
TRD-9112113
Lee H. Mathews
Deputy General Manager and General Counsel
Texas Low-Level Radioactive Waste Disposal Authority
Proposed date of adoption: November 19, 1991
For further information, please call: (512) 451-5292
       
Chapter 450. Planning and Implementation Fees
31 TAC sec.sec.451.1-450.4
The Texas Low-Level Radioactive Waste Disposal Authority proposes new 
sec.sec.450.1-450.4, concerning the adoption of planning and implementation fees 
for low-level radioactive waste generators for the state's fiscal years 1992-
1993. The new chapter assesses fees in the amount of $19,034,098, specifies 
which persons should pay the fees, and provides for the collection and deposit 
of fees in the state treasury.
Mike Branum, chief accountant, has determined that for the first five-year 
period the sections are in effect there will be fiscal implications as a result 
of enforcing or administering the sections. The effect on state government for 
the first five-year period the sections are in effect will be an estimated 
increase in revenue of $7,141,786 for fiscal year 1992 and $11,900,312 for 
fiscal year 1993. There will be no effect on local government for the first 
five-year period the sections are in effect. The sections will not be in effect 
for fiscal years 1994-1995.
No costs will be incurred other than payment of the fees in 1992-1993 for small 
businesses.
No costs will be incurred other than payment of the fees in 1992-1993 for large 
businesses.
Lee H. Mathews, deputy general manager and general counsel has determined that 
for each year of the first five years the sections are in effect the public 
benefit anticipated as a result of enforcing the sections will be the shifting 
of payment of several million dollars from the state's general revenue to the 
persons who generate the waste. The possible economic cost to waste generators 
who are required to comply with the sections as proposed will be $7,141,786 for 
fiscal year 1992 and $11,900,312 for fiscal years 1993. The sections will not be 
in effect in fiscal years 1994-1995.
Comments on the proposal may be submitted to Lee H. Mathews, Texas Low-Level 
Radioactive Waste Disposal Authority, 7701 North Lamar Boulevard, Suite 300, 
Austin, Texas 78752, (512) 451-5292.
The new sections are proposed under the Health and Safety Code, sec.402.054, 
which provides the Texas Low-Level Radioactive Waste Disposal Authority with the 
authority to adopt rules, standards, and orders necessary to properly carry out 
the Texas Low-Level Radioactive Waste Disposal Authority Act and to protect the 
public health and safety and the environment from activities of the authority.
sec.450.1. Purpose.  The purpose of this chapter is to adopt, for this state's 
fiscal years 1992-1993, planning and implementation fees in the amount of:
(1) $10 million to recover the authority's expenses incurred prior to September 
1, 1991; and
(2) $9,034,098 to recover the authority's estimated legislative appropriations 
for the period September 1, 1991 through August 31, 1993.
sec.450.2. Applicability.
(a) This chapter applies to:
(1)  persons licensed by the United States Nuclear Regulatory Commission to own 
or operate a production or utilization facility or other fixed nuclear facility 
in this state; and
(2) persons required to be licensed by the department to possess or use 
radioactive material and who generated and shipped or caused to have shipped by 
others, 7.5 cubic feet or more of radioactive material to a licensed low-level 
waste disposal facility during the period January 1, 1990 through December 31, 
1991.
(b) This chapter does not apply to health care providers or institutions of 
higher education.
sec.450.3. Assessed Fees.
(a) Fees shall be assessed to persons subject to sec.450.2(a)(1) of this title 
(relating to Applicability) as follows:
[graphic]
(b) For each year of this state's fiscal years 1992-1993, fees shall be assessed 
to persons subject to sec.450.2(a)(2), as follows: $500 plus an additional $1.00 
for every cubic foot in excess of 7.5 cubic feet of radioactive material 
generated and shipped.
(c) For purposes of determining shipment volumes under subsection (b) of this 
section, the board shall rely on the manifest information management system data 
base maintained by the United States Department of Energy and/or the Texas 
manifest reporting system maintained by the department, as appropriate, and 
these records shall be determinative for purposes of assessing fees under 
subsection (b) of this section.
sec.450.4. Collection of Fees.
(a) Fees assessed by the board shall be collected by the department and 
deposited in the state treasury in accordance with the Health and Safety Code, 
sec.sec.401.301, 401.306, and 402.0721.
(b) Fees assessed under this chapter shall be payable as follows:
(1) for state fiscal year 1992, equal quarterly installments on or before 
January 1, 1992; April 1, 1992; and July 1, 1992;
(2) for state fiscal year 1993, one payment on or before October 1, 1992, in an 
amount equal to a quarterly installment under paragraph (1) of this subsection, 
and one payment on or before June 1, 1993, in an amount equal to the fee due in 
fiscal year 1993.
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 October 2, 1991.
TRD-9112115
Lee H. Mathews
Deputy General Manager and General Counsel
Texas Low-Level Radioactive Waste Disposal Authority
Proposed date of adoption: November 19, 1991
For further information, please call: (512) 451-5292
       
TITLE 34. PUBLIC FINANCE
Part I. Comptroller of Public Accounts
Chapter 3. Tax Administration
Subchapter L. Motor Fuels Tax
34 TAC sec.3.173
The Comptroller of Public Accounts proposes an amendment to sec.3.173, 
concerning refunds on gasoline and diesel fuel tax. The amendment discusses 
refunds for school districts as well as for sellers who pay the tax on fuel and 
then make tax-free sales to school districts.
Tom Plaut, chief revenue estimator, has determined that for the first five-year 
period the section is in effect there will be no significant revenue impact for 
state or local government. This section is adopted under the Tax Code, Title 2, 
and does not require a statement of fiscal implications for small businesses.
Dr. Plaut also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be in providing new information regarding tax responsibilities. 
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 Lucy Glover, Manager, Tax 
Administration Division, P.O. Box 13528, Austin, Texas 78711.
The amendment is proposed under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
sec.3.173. Refunds on Gasoline and Diesel Fuel Tax.
(a)-(b) (No change.)
(c) Filing forms and documentation. Each type of claim for refund must be filed 
on a form furnished by the comptroller and documentation must be maintained to 
fully substantiate the claim, including identification of each vehicle or type 
of equipment in which the fuel was used. Categories of refund claims are:
(1)-(11) (No change.)
<nl>(12) Sales of gasoline or diesel fuel to a public school district. The 
seller of gasoline or diesel fuel on which the tax has been paid may file for 
refund of the tax on sales to public school districts for the district's 
exclusive use. Sellers filing for refund must maintain copies of invoices issued 
on each tax-free sale to a public school district. The invoice(s) must have the 
name and address of the seller stamped or preprinted on the invoice and include:
<nl>(A) the purchaser's name;
<nl>(B) date of delivery;
<nl>(C) number of gallons delivered;
<nl>(D) type of fuel delivered;
<nl>(E) statement on the invoice that no tax was collected; and
<nl>(F) signature of the purchaser.
<nl>(13) Public school districts' claim for refund on tax-paid purchases. A 
public school district may file a claim for refund of state taxes paid on 
gasoline and diesel fuel used exclusively by the district. Records maintained by 
the district must include original invoices showing that the state tax was 
assessed.
<nl>(14) Definition. The term "Exclusive use" by a school district means fuel 
purchased by a school district and used only in motor vehicles or other 
equipment:
<nl>(A) owned and operated by the district; or
<nl>(B) dedicated for the exclusive and sole purpose of providing transportation 
services for the school district by means of a contract between the school 
district and the owner or operator of the motor vehicles.
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 October 3, 1991.
TRD-9112149
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-4028
       
Subchapter N. County Sales and Use Tax
34 TAC sec.3.252
The Comptroller of Public Accounts proposes new sec.3.252, concerning collection 
and allocation of county tax. The new section provides guidelines on how to 
allocate county sales tax when a retailer does business in one or more local 
taxing counties or in counties with and without county tax.
Tom Plaut, chief revenue estimator, has determined that for the first five-year 
period the section is in effect there will be no significant revenue impact for 
state or local government as a result of enforcing or administering the section. 
This section is adopted under the Tax Code, Title 2, and does not require a 
statement of fiscal implications for small businesses.
Dr. Plaut also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be in providing new information regarding tax responsibilities. 
There is no anticipated economic cost to persons who are required to comply with 
the section as proposed.
Comments on the new section may be submitted to Lucy Glover, Manager, Tax 
Administration Division, P.O. Box 13528, Austin, Texas 78711.
The new section is proposed under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
sec.3.252. Collection and Allocation of County Tax.
(a)  Definitions. The following words and terms, when used in this section, 
shall have the following meanings, unless the context clearly indicates 
otherwise.
(1) Itinerant vendor-A retailer who does not operate any "place of business" as 
defined in this section.
(2) Place of business-An established outlet, office, or location operated by a 
retailer, the retailer's agent, or the retailer's employee for the purpose of 
receiving orders for taxable items. The term includes any location at which 
three or more orders are received by a retailer in a calendar year. A location 
such as a warehouse, storage yard, or manufacturing plant is not a "place of 
business" unless at least three orders for taxable items are received by the 
retailer during a calendar year.
(3) Special purpose taxes-Local sales and use taxes governed by the provisions 
of the Tax Code, Chapter 323, which are imposed for use by special districts or 
for providing specific services such as health services or emergency services.
(4) Taxing county-Any county in Texas that has adopted the local sales and use 
tax imposed by the Tax Code, Chapter 323.
(b) Allocating county sales tax when taxable items are picked up, delivered, or 
shipped from a Texas retailer's place of business inside a taxing county.
(1) One place of business. If a retailer has only one place of business and the 
place of business is in a taxing county, all sales, leases, and rentals by the 
retailer are subject to county sales tax based upon the location of the place of 
business. See the exceptions in subsections (e) and (g) of this section.
(2) Multiple places of business. If a retailer has more than one place of 
business in this state, county sales tax is due and is allocated to the county 
in which the retailer's place of business is located:
(A)  where the customer takes possession of the item sold, leased, or rented; or
(B) from which the item is shipped or delivered.
(c) Allocating county sales tax when delivery or shipment is from a location in 
Texas other than the retailer's place of business.
(1) If an order is received at the place of business of a Texas retailer, but 
delivery or shipment is made from a location within the state other than the 
retailer's place of business, county sales tax is due and is allocated to the 
county where the order was received.
(2) If an order is received by a traveling salesperson, and delivery or shipment 
is made from a location within the state which is not a place of business of the 
Texas retailer, county sales tax is due and is allocated to the county where the 
retailer's place of business is located from which the salesperson operates.
(d) Allocating county sales tax when an order is placed with a supplier located 
outside Texas.
(1) If an order is initially received at a retailer's place of business outside 
the state, but delivery or shipment is made from a location within the state 
other than a place of business of the retailer, county sales or use tax is due 
and is allocated to the county where delivery is made or possession is taken by 
the purchaser.
(2) If an order is received by a salesperson assigned to a place of business 
located outside Texas and delivery or shipment is made from a location within 
the state other than a place of business of that retailer, county sales tax is 
due and is allocated to the county where delivery is made or possession is taken 
by the purchaser.
(e) Drop shipment by suppliers receiving orders. If a purchaser places an order 
directly with a retailer's supplier, and the taxable items are shipped or 
delivered directly to the purchaser by the supplier, county sales tax is due and 
is allocated to the county where delivery is made or possession is taken by the 
purchaser.
(f) Itinerant vendor. If a retailer is an itinerant vendor, county sales tax is 
due and is allocated to the county where delivery is made or possession is taken 
by the purchaser.
(g) Shipments from outside a taxing county or outside Texas. Notwithstanding any 
of the foregoing provisions, if a retailer makes deliveries of taxable items 
from a location not in a taxing county or from outside the state to a Texas 
purchaser, the county use tax is applicable. See sec.3.253 of this title 
(relating to County Use Tax).
(h) Gas and electricity. County sales tax is due on the sales of natural gas and 
electricity for commercial use and is allocated to the county into which 
delivery is made to the consumer. County sales tax is not due on the residential 
use of natural gas and electricity.
(i) Telecommunications. If a county imposes county tax on telecommunications 
services, county sales tax is due on the sale of intrastate telecommunications 
services and is allocated to the county in which the telephone or other 
telecommunications device from which the call or other transmission originates, 
unless the point of origin cannot be determined. If the point of origin cannot 
be determined, county sales tax is allocated to the county where the address to 
which the call is billed is located. No county tax is due on interstate 
telecommunications services.
(j) Amusement, garbage, and cable television services. County sales tax is due 
on the sale of amusement, garbage, and cable television service and is allocated 
to the county where the service is delivered to the consumer.
(k) Local sales and use taxes for special purposes. Special purpose taxes are 
collected and allocated in the same manner as county sales and use taxes. Unless 
specifically provided for in the enacting statute, the combined total of all 
local taxes may not exceed 2. 0%.
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 October 3, 1991.
TRD-9112147
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-4028
       
Subchapter O. State Sales and Use Tax
34 TAC sec.3.284
The Comptroller of Public Accounts proposes and amendment to sec.3.284, 
concerning drugs, medicines, medical equipment, and devices. The amendment 
incorporates changes to the Tax Code, sec.151.313, made by the 72nd Legislature, 
1991. The other amendment states the comptroller's position on dental devices.
Tom Plaut, chief revenue estimator, has determined that for the first five-year 
period the section is in effect there will be no significant revenue impact for 
state or local government as a result of enforcing or administering the section. 
This section is adopted under the Tax Code, Title 2, and does not require a 
statement of fiscal implications for small businesses.
Dr. Plaut also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be in providing new information regarding tax responsibilities. 
There is no anticipated economic cost to persons who are required to comply with 
the section as proposed.
Comments on the proposal may be submitted to Lucy Glover, Manager, Tax 
Administration Division, P.O. Box 13528, Austin, Texas 78711.
The amendment is proposed under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
sec.3.284. Drugs, Medicines, Medical Equipment, and Devices.
(a)  Definitions. The following words and terms, when used in this section, 
shall have the following meanings, unless the context clearly indicates 
otherwise.
(1)-(2) (No change.)
(3) Dental <nl>device<ol> [prosthetic appliance]-<nl>An artificial replacement 
of one or more teeth or a dental appliance worn on the teeth to correct 
irregularities of growth or position. For the purposes of this section, the term 
"dental device" does not include toothbrushes, toothpaste, dental floss, mouth 
mirrors, or other devices used to prevent cavities or plaque build-up or 
removal.<ol> [Any dental or oral device which is used on or attached to the 
human body as an artificial part or which replaces or supplies a missing or 
deficient part of the body.]
(4) (No change.)
(5) Hearing aid-Any appliance or device worn to correct or aid defective 
hearing. <nl>The term also includes an audio loop used by a person who is deaf.
(6)-(11) (No change.)
(b) (No change.)
(c) Medical equipment.
(1) Sales tax is not due on the sale, lease, or rental of medical equipment 
meeting the definition of a brace, corrective lens, hearing aid, orthopedic 
appliance, prosthetic device, or dental <nl>device<ol> [prosthetic appliance]. 
Sales tax is not due on replacement parts designed specifically for such devices 
and appliances. With the exception of corrective lenses, a prescription is not 
required.
(2)-(3) (No change.)
(4) Sales <nl>or use<ol> tax is not due on the sale, lease, or rental of <nl>the 
following items when used by the deaf. An exemption certificate is not required 
for the purchase, rental, or lease of these items:
<nl>(A)  hearing aids;
<nl>(B) specialized printing or signalling equipment used by the deaf for the 
purpose of enabling the deaf to communicate through the use of an ordinary 
telephone, including all materials, paper, and printing ribbons used in that 
equipment <nl>;<ol>[.]
<nl>(C) a light signal and device to adapt items such as telecommunication 
devices for the deaf (TDD), telephones, doorbells, and smoke alarms; and
<nl>(D) adaptive devices or adaptive software for computers used by persons who 
are deaf.
(5) Sales <nl>or use<ol> tax is not due on the sale, lease, or rental of <nl>the 
following items when used by the legally blind. An exemption certificate is not 
required for the purchase, rental, or lease of these items:
<nl>(A) a braille wristwatch, braille writer, braille paper<nl>; <ol>[,]
<nl>(B) braille electronic equipment that connects to computer equipment <nl>and 
the necessary adaptive devices and adaptive computer software; <ol>[,] and
<nl>(C) harness for guide dogs. [An exemption certificate is not required.]
<nl>(6) Sales <nl>or use<ol> tax is not due on the sale, lease, or rental of the 
following items <nl>when used by the legally blind if an exemption certificate 
is provided to the seller <ol> [if purchased for use by the legally blind]:
<nl>(A) a slate and stylus<nl>;<ol>[,]
<nl>(B) print enlarger <nl>;<ol>[,]
<nl>(C) light probe;
<nl>(D) magnifier<nl>; <ol>[,]
<nl>(E) white cane <nl>;<ol>[,]
<nl>(F) talking clock <nl>; and<ol> [,]
<nl>(G) large print terminal[,] and talking terminal. [An exemption certificate 
should be provided the seller by the purchaser.]
<nl>(7)<ol>[(6)] Sales tax is not due on the sale, lease, or rental of 
therapeutic appliances, devices, and related supplies specifically designed for 
those products when sold, leased, or rented to individuals under a prescription 
of a licensed practitioner of the healing arts. Unless a hospital, nursing home, 
or other institution qualifies for exemption under the [Texas] Tax Code, 
sec.151.310(a)(1) or (2), the institution must pay sales tax on equipment and 
supply items used to provide medical services unless the item qualifies for 
exemption under paragraphs (1)-(3) of this subsection.
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 October 3, 1991.
TRD-9112148
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-4028
       
Subchapter P. Local Sales and Use Tax
34 TAC sec.3.374
The Comptroller of Public Accounts proposes an amendment to sec.3.374, 
concerning imposition of the sales tax; collection by retailer; bracket system 
formula; determining city tax. Subsections of the section were rewritten for 
clarity. Subsections were also added concerning allocation of city tax imposed 
on telecommunications services, amusement, garbage, and cable television 
services. The "bracket formula" was deleted from the section.
Tom Plaut, chief revenue estimator, has determined that for the first five-year 
period the section is in effect there will be no significant revenue for state 
or local government as a result of enforcing or administering the section. This 
section is adopted under the Tax Code, Title 2, and does not require a statement 
of fiscal implications for small businesses.
Dr. Plaut also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be in providing new information regarding tax responsibilities. 
There is no anticipated economic cost to persons who are required to comply with 
the section as proposed.
Comments on the proposal may be submitted to Lucy Glover, Manager, Tax 
Administration Division, P.O. Box 13528, Austin, Texas 78711.
The amendment is proposed under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
sec.3.374. <nl>Collection and Allocation [Imposition] of the <nl>City Sales 
Tax[; Collection by Retailer; Bracket System Formula; Determining City Tax].
(a) Definitions. The following words and terms, when used in this section, shall 
have the following meanings, unless the context clearly indicates otherwise.
(1) (No change.)
(2) Place of business-<nl>Place<ol> [The place] of business of <nl>a<ol> [the] 
retailer means an established outlet, office, or location operated by <nl>a<ol> 
[the] retailer, <nl>the retailer's<ol> [his] agent, or <nl>the retailer's<ol> 
employee for the purpose of receiving orders for taxable items. The term "place 
of business" [of the retailer] includes any location at which three or more 
orders are received by the retailer in a calendar year. <nl>A location such 
as<ol> [In order for] a warehouse, storage yard, or manufacturing plant <nl>is 
not<ol> [to be considered] a "place of business," <nl>unless at least three 
orders for taxable items are received by the retailer at the location during a 
calendar year<ol> [the retailer must receive three or more orders in a calendar 
year at such location. Each "place of business" of the retailer must have a 
permit issued by the comptroller in accordance with Texas Tax Code Annotated 
sec.sec.151.201-151.256].
(3) Taxing city-Any city in Texas that has adopted the <nl>city<ol> [local] 
sales and use tax <nl>imposed by the Tax Code, Chapter 321. City sales and use 
tax includes any local sales and use tax imposed by a city for industrial and 
economic development under the Development Corporation Act of 1979 (Texas Civil 
Statutes Article 5190).
[(b) Sales tax imposition.
(1) The sales tax adopted under the city act is imposed at the rate of 1.0% on 
the receipts from the sale at retail of all taxable items within any city 
adopting such tax if the items are subject to taxation by the State of Texas 
under the provisions of the Limited Sales, Excise, and Use Tax Act.
[(2) In each taxing city every retailer shall add the tax imposed by the state 
act and the tax imposed by the city act to his sale price, and when added, the 
combined tax shall constitute a part of the price, shall be a debt of the 
purchaser to the retailer until paid, and shall be recoverable at law in the 
same manner as the purchase price.
[(3) When the sale price in such city shall involve a fraction of a dollar, the 
two combined taxes shall be added to the sale price upon the schedule and 
bracket system formula shown in the following schedule, provided, that for 
successive brackets for the following schedule, the tax shall be computed by 
multiplying 5.0% times the amount of sale. Any fraction of $.01 which is less 
than 1/2 of $.01 of tax shall not be collected. Any fraction of $.01 which is 
1/2 of $.01 or more shall be collected as a whole cent of tax.
[graphic]
<nl>(b)<ol>[(c) Determining city tax.]
[(1)] <nl> Allocating city sales tax when taxable items are picked up, 
delivered, or shipped<ol> [Pick up, delivery, or shipment] from a Texas 
retailer's place of business <nl>inside a taxing city<ol>.
<nl>(1)<ol>[(A)] One place of business. If a retailer has only one place of 
business and <nl>the<ol> [that] place of business is <nl>in a taxing city<ol> 
[within the state], all [retail] sales, leases, and rentals by the retailer are 
subject to city sales tax based upon the location of <nl>the<ol> [that] place of 
business. [This applies regardless of where transfer of title or possession or 
segregation of the taxable items sold, leased, or rented occurred within this 
state. If the taxable items are delivered directly to the retailer's customer 
from outside the state or if the retailer's place of business is not in a taxing 
city, this subsection is not applicable. Reference should be made to sec.3.375 
of the title (relating to Administration of Use Tax; Collection by Retailer). 
Also,] <nl>See<ol> [see] the <nl>exceptions<ol> [exception] in <nl>subsections 
(e) and (g)<ol> [paragraph (3)] of this <nl>section <ol> [subsection].
<nl>(2)<ol>[(B)]  Multiple places of business. If a retailer has more than one 
place of business in this state, city sales tax is due <nl>and is allocated to 
the city in which<ol> [based upon the location of] the retailer's place of 
business <nl>is located:
(A) where the customer takes possession of the item sold <nl>,<ol> [or] 
leased<nl>, or rented; or<ol>[.]
<nl>(B) [If, however, the retailer ships or delivers the item to the customer, 
city sales tax is due based upon the location of the retailer's place of 
business] from which the item is shipped or delivered.
<nl>(c)<ol>[(2)]<nl> Allocating city sales tax when delivery <ol> [Delivery] or 
shipment <nl>is<ol> from a location <nl>in<ol> [within] Texas other than the 
retailer's place of business.
[(A) Order placed with a Texas retailer.]
(1)<ol>[(i)] If an order is received at the place of business of a [Texas] 
retailer <nl>in Texas<ol>, but delivery or shipment is made from a location 
within the state other than <nl>the retailer's <ol> [that] place of business, 
city sales tax is due <nl>and is allocated to the city<ol> [based upon the 
location of the place of business] where the order was received.
<nl>(2)<ol>[(ii)] If an order is received by a traveling salesperson, and 
delivery or shipment is made from a location within the state which is not a 
place of business of the Texas retailer, city sales tax is due <nl>and is 
allocated to the city where<ol> [based on] the retailer's place of business 
<nl>is located<ol> from which the salesperson operates.
<nl>(d)<ol>[(B)]<nl> Allocating city sales tax when an order is placed with a 
retailer located outside Texas<ol> [Order placed with an out-of-state retailer].
<nl>(1)<ol>[(i)] If an order is initially received at a retailer's place of 
business outside the state, but delivery or shipment is made from a location 
within the state other than a place of business of that retailer, city sales 
<nl>or use <ol> tax is due  <nl>and is allocated to <ol> [based upon] the city 
where delivery is made or possession is taken by the purchaser.
<nl>(2)<ol>[(ii)] If an order is received by a salesperson <nl>assigned to a 
place of business located outside Texas<ol> [for an out-of-state retailer,] and 
delivery or shipment is made from a location within this state other than a 
place of business of that retailer, city sales tax is due  <nl>and is allocated 
to <ol> [based upon] the city where delivery is made or possession is taken by 
the purchaser.
<nl>(e)<ol>[(3)] Drop shipment by supplier receiving order. If <nl>a<ol> [the] 
purchaser places <nl>an <ol> [the] order directly with <nl>a<ol> [the] 
retailer's supplier, and the items are shipped or delivered directly to the 
purchaser by the supplier, city sales tax is due <nl>and is allocated to <ol> 
[based upon] the city where delivery is made or possession is taken by the 
purchaser.
<nl>(f)<ol>[(4)]  Itinerant <nl>vendor<ol> [vendors]. If a [the] retailer is an 
itinerant vendor, city sales tax is due  <nl>and is allocated to <ol> [based 
upon] the city where delivery is made or possession is taken by the purchaser.
<nl>(g) <ol>[(5)] Shipments from <nl>outside a taxing city or outside Texas <ol> 
[out of state]. Notwithstanding any of the foregoing provisions, if the retailer 
makes deliveries of taxable items from a location <nl>not in a taxing city or 
from<ol> outside the State of Texas to a Texas purchaser <nl>located inside a 
taxing city<ol>, the city use tax is applicable. Reference should be made to 
sec.3.375 of this title (relating to <nl>City Use Tax<ol> [Administration of Use 
Tax; Collection by Retailer]).
<nl>(h)<ol>[(6)] Gas and electricity. <nl>City sales tax is due on the <ol> 
[The] sale of natural gas or electricity <nl>and is allocated to the city into 
which delivery is made<ol> [takes place at the point of delivery] to the 
consumer. [Companies selling natural gas or electricity must collect the city 
tax, if adopted, for the city in which delivery is made to the consumer.]
<nl>(i) Telecommunications services. If a city imposes city tax on 
telecommunications services, city sales tax is due on the sale of intrastate 
telecommunications services and is allocated to the city in which the telephone 
or other telecommunications device from which the call or other transmission 
originates, unless the point of origin cannot be determined. If the point of 
origin cannot be determined, city sales tax is allocated to the city where the 
address to which the call is billed is located. No city tax is due on interstate 
telecommunications services.
<nl>(j)  Amusement, garbage, and cable television services. City sales tax is 
due on the sale of amusement, garbage, and cable television service and is 
allocated to the city where the service is delivered to the consumer.
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 October 3, 1991.
TRD-9112146
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-4028
       
Subchapter R. [Metropolitan] Transit [Authority] Sales and Use Tax
34 TAC sec.3.424
The Comptroller of Public Accounts proposes an amendment to sec.3.424, 
concerning imposition of sales tax. Subsections were deleted which did not 
pertain to the allocation of transit sales tax. The bracket formulas were also 
deleted. Subsections were also added concerning allocation of transit sales tax 
imposed on telecommunications services, amusement, garbage, and cable television 
services.
Tom Plaut, chief revenue estimator, has determined that for the first five-year 
period the section is in effect there will be no significant revenue impact for 
state or local government as a result of enforcing or administering the section. 
This section is adopted under the Tax Code, Title 2, and does not require a 
statement of fiscal implications for small businesses.
Dr. Plaut also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be in providing new information regarding tax responsibilities. 
There is no anticipated economic cost to persons who are required to comply with 
the section as proposed.
Comments on the proposal may be submitted to Lucy Glover, Manager, Tax 
Administration Division, P.O. Box 13528, Austin, Texas 78711.
The amendment is proposed under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
sec.3.424. <nl>Collection and Allocation of Transit  [Imposition of] Sales Tax.
(a) Definitions. The following words and terms, when used in this section, shall 
have the following meanings, unless the context clearly indicates otherwise.
(1) Authority-A metropolitan transit authority  <nl>or city transit department 
<ol> that has adopted <nl>the transit tax imposed by the Tax Code, Chapter 
322<ol> [the metropolitan transit authority sales and use tax].
(2) Itinerant vendor-A retailer who does not operate any "place of business" as 
defined in this <nl>section <ol> [subsection].
(3) Place of business-<nl>Place of business of a retailer means an<ol> [An] 
established outlet, office, or location operated by <nl>a<ol> [the] retailer, 
<nl>the retailer's<ol> [his] agent, or <nl>the retailer's<ol> employee for the 
purpose of receiving orders for taxable items. The term "place of business" [of 
the retailer] includes any location at which three or more orders are received 
by the retailer in a calendar year. <nl>A location such as a<ol> [In order for 
a] warehouse, storage yard, or manufacturing plant <nl>is not<ol> [to be 
considered] a "place of business,"  <nl>unless at least three orders for taxable 
items are received by the retailer at these locations during a calendar year<ol> 
[the retailer must receive three or more orders in a calendar year at such 
location. Each "place of business" of the retailer must have a permit issued by 
the comptroller. See sec.3.286 of this title (relating to Seller's 
Responsibilities)].
[(b) Sales tax imposition.
[(1)  The sales tax adopted under the provisions of the MTA act is imposed at 
the rate of up to 1.0% on the receipts from the sale at retail of all taxable 
items within any authority if the items are subject to taxation under the 
provisions of the state act.
[(2) In an authority every retailer shall add the tax imposed by the state act, 
the tax imposed by the city act, if any, and the tax imposed by the MTA act, to 
his sales price, and when added, the combined taxes shall constitute a part of 
the price, shall be a debt of the purchaser to the retailer until paid, and 
shall be recoverable at law in the same manner as the purchase price.
[(3) When the sales price involves a fraction of a dollar and no city tax is 
applicable, the two combined taxes (state and MTA) shall be added to the sales 
price according to the following schedules: [
[(A) Based upon the 1/2 of 1.0% rate adopted by the San Antonio Metropolitan 
Transit Authority. Successive brackets for the following schedule shall be 
computed by multiplying 4.5% times the amount of sale. Any fraction of $.01 
which is less than 1/2 of $.01 of tax shall not be collected. Any fraction of 
$.01 of tax equal to 1/2 of $.01 or more shall be collected as a whole cent of 
tax.
[graphic]
[(B) Based upon the 1.0% rate adopted by the Houston Metropolitan Transit 
Authority. Successive brackets for the following schedule shall be computed by 
multiplying 5.0% times the amount of sale. Any fraction of $.01 which is less 
than 1/2 of $.01 of tax shall not be collected. Any fraction of $.01 of tax 
equal to 1/2 of $.01 or more shall be collected as a whole cent of tax.
[graphic]
[(4) When the sales price involves a fraction of a dollar and city tax is 
applicable, the three combined taxes (state, city, and MTA) shall be added to 
the sales price according to the following schedules:
[(A)  Based upon the 1/2 of 1.0% rate adopted by the San Antonio Metropolitan 
Transit Authority. Successive brackets for the following schedule shall be 
computed by multiplying 5.5% times the amount of sale. Any fraction of $.01 
which is less than 1/2 of $.01 of tax shall not be collected. Any fraction of $. 
01 of tax equal to 1/2 of $.01 or more shall be collected as a whole cent of 
tax.
[graphic]
[(B) Based upon the 1.0% rate adopted by the Houston Metropolitan Transit 
Authority. Successive brackets for the following schedule shall be computed by 
multiplying 6.0% times the amount of sale. Any fraction of $ .01 which is less 
than 1/2 of $ .01 of tax shall not be collected. Any fraction of $.01 of tax 
equal to 1/2 of $ .01 or more shall be collected as a whole cent of tax.
[graphic]
[(c) Determining when MTA tax is due.]
<nl>(b)<ol>[(1)] <nl> Allocating transit sales tax when taxable items are picked 
up, delivered, or shipped<ol> [Pick up, delivery, or shipment] from a Texas 
retailer's place of business <nl>within an authority.
<nl>(1)<ol>[(A)]  One place of business. If a retailer has only one place of 
business and <nl>the<ol> [that] place of business is within an authority, all 
[retail] sales, leases, and rentals by the retailer are subject to the 
<nl>transit<ol> [MTA] sales tax [based upon the location of that place of 
business] unless delivered by the retailer to a location outside the authority. 
[If the taxable items are delivered directly to the retailer's customer from 
outside the state or if the retailer's place of business is not in an authority 
this subsection is not applicable. See sec.3.425 of this title (relating to 
Administration of Use Tax; Collection by Retailer) for proper determination of 
use tax. Also,] <nl>See<ol> [see] the exception in <nl>subsection (e)<ol> 
[paragraph (c)(3)] of this section.
<nl>(2)<ol>[(B)] Multiple places of business. If a retailer has <nl>places<ol> 
[more than one place] of business in <nl>more than one authority<ol> [this 
state], <nl>transit<ol> [MTA] sales tax is due <nl>and is allocated to the 
authority in which<ol> [based upon the location of] the retailer's place of 
business <nl>is located:
<nl>(A) where the customer takes possession of the item sold [or] leased <nl>, 
or rented; or[.]
<nl>(B) [If, however, the retailer ships or delivers the item to the customer, 
MTA sales tax is due based upon the location of the retailer's place of 
business] from which the item is shipped or delivered unless delivery is to a 
location outside the authority.
<nl>(3)<ol>[(C)] shipments  <nl>from authority to authority <ol> [outside the 
MTA]. If a taxable item is shipped from a retailer's place of business within an 
authority directly to a purchaser in another authority, <nl>transit<ol> use tax 
is due  <nl>and is allocated to <ol> [for] the authority into which the shipment 
is made.
<nl>(c)<ol>[(2)]<nl> Allocating transit sales tax when delivery<ol> [Delivery] 
of shipment <nl>is<ol> from a location within Texas other than the retailer's 
place of business.
[(A) Order placed with a Texas retailer.]
<nl>(1)<ol>[(ii)] If an order is received at the place of business of a [Texas] 
retailer <nl>in an authority<ol>, but delivery or shipment is made from a 
location within the state other than <nl>the retailer's <ol> [that] place of 
business, <nl>transit<ol> [MTA] sales tax is due <nl>and is allocated to the 
authority <ol> [based upon the location of the place of business] where the 
order was received <nl>unless shipped to a location outside that authority.
<nl>(2)<ol>[(ii)] If an order is received by a traveling salesperson  
<nl>assigned to a place of business in an authority <ol>, and delivery or 
shipment is made from a location within the state which is not a place of 
business of that retailer, <nl>transit <ol> [MTA] sales tax is due <nl>and is 
allocated to the authority where <ol> [based on] the retailer's place of 
businesses <nl>is located<ol> from which the salesperson operates  <nl>unless 
shipped to a location outside that authority.
<nl>(3) [(iii)] ]If a taxable item is shipped or delivered to a customer outside 
the authority in which the retailer's place of business is located, 
<nl>transit<ol> [MTA] tax is not due.
<nl>(d)<ol>[(B)] <nl> Allocating transit sales tax when an order is placed with 
a supplier located outside Texas<ol> [Order placed with an out-of-state 
retailer].
<nl>(1)<ol>[(i)] If an order is initially received at a retailer's place of 
business outside the state, but delivery or shipment is made from a location 
within the state other than a place of business of that retailer, 
<nl>transit<ol> [MTA] sales <nl>or use<ol> tax is due <nl>and is allocated<ol> 
to the authority in which delivery is made or where possession is taken by the 
purchaser.
<nl>(2)<ol>[(ii)] If an order is received by a <nl>traveling<ol> salesperson 
<nl>assigned to a place of business located outside Texas<ol> [for an out-of-
state retailer], and delivery or shipment is made from a location within <nl>the 
<ol> [this] state other than a place of business of that retailer, <nl>transit 
<ol> [MTA] sales tax is due <nl>and is allocated <ol> to the authority 
<nl>where<ol> [in which] delivery is made or [where] possession is taken by the 
purchaser.
<nl>(e)<ol>[(3)] Drop shipment by supplier receiving order. If <nl>a<ol> [the] 
purchaser places <nl>an <ol> [the] order directly with <nl>a<ol> [the] 
retailer's supplier, and the items are shipped or delivered directly to the 
purchaser by the supplier, <nl>transit<ol> [MTA] sales tax is due <nl>and is 
allocated<ol> to the authority <nl>where<ol> [in which] delivery is made or 
[where] possession is taken by the purchaser.
[(4) Shipments into an authority. If a taxable item is shipped or delivered to a 
customer in an authority, the provisions of subsections (c)(2)(i), (ii), (iii) 
and (c)(3) do not apply. MTA use tax is due for the authority into which the 
shipment is made.]
<nl>(f)<ol>[(5)]  Itinerant vendors. If a [the] retailer is an itinerant vendor, 
<nl>transit<ol> [MTA] sales tax is due <nl>and is allocated<ol> to the authority 
where delivery is made or possession is taken by the customer.
<nl>(g)<ol>[(6)] Shipments from <nl>outside an authority or outside Texas<ol> 
[out-of-state]. Notwithstanding any of the provisions of this section, if the 
retailer makes deliveries of taxable items from a location <nl>outside an 
authority or from<ol> outside the State of Texas to a Texas purchaser within an 
authority, the <nl>transit<ol> [MTA] use tax is applicable. See sec.3.425 of 
this title (relating to <nl>Transit <ol> [Administration of] Use Tax[; 
Collection by Retailer]).
<nl>(h)<ol>[(7)] Gas and electricity. <nl>Transit sales tax is due on the <ol> 
[The] sale of natural gas or electricity <nl>and is allocated to the authority 
into which delivery is made<ol> [takes place at the point of delivery] to the 
consumer. [Consequently, companies selling natural gas or electricity must 
collect the MTA tax, if adopted, fro the authority in which delivery is made to 
the consumer.]
<nl>(i) Telecommunications services. If the board of the authority has repealed 
the exemption for telecommunications services, transit sales tax is due on the 
sale of intrastate telecommunications services and is allocated to the authority 
in which the call or other transmission originates, unless the point of origin 
cannot be determined. If the point of origin cannot be determined, transit sales 
tax should be allocated to the authority where the address to which the call is 
billed is located. No transit tax is due on interstate telecommunications 
services.
<nl>(j) Amusement, garbage, and cable television services. Transit sales tax is 
due on the sale of amusement, garbage, and cable television service and is 
allocated to the authority where the service is delivered to the consumer.
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 October 3, 1991.
TRD-9112145
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-4028
       
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part I. Texas Department of Human Services
Chapter 4. Medicaid Programs-Children and Pregnant Women
Eligibility Requirements
40 TAC sec.sec.4.1004, 4.1006, 4.1010
The Texas Department of Human Services (DHS) proposes amendments to sec.sec.4. 
1004, 4.1006, and 4.1010 concerning eligible groups, requirements for 
application, and determining income eligibility in its Medicaid Programs for 
Children and Pregnant Women rule chapter. The purpose of the amendments is to 
eliminate the assets test currently used to determine Medicaid Program benefits 
for pregnant women whose income is below 133% of the federal poverty income 
limit (FPIL).
Burton F. Raiford, interim commissioner, has determined that for the first five-
year period the proposed amendments will be in effect there will be fiscal 
implications as a result of enforcing or administering the amendments. The 
effect on state government for the first five-year period the amendments will be 
in effect is an estimated additional cost of $419,212 for fiscal year 1992; $1, 
454,231 for fiscal year 1993; $1,765,951 for fiscal year 1994; $1,983,952 for 
fiscal year 1995; and $2,219,042 for fiscal year 1996. There will be no fiscal 
implications for local government as a result of enforcing or administering the 
amendments.
Mr. Raiford also has determined that for each year of the first five years the 
amendment are in effect the public benefit anticipated as a result of enforcing 
the section will be a streamlined and simplified eligibility process which will 
result in more needy pregnant women receiving Medicaid benefits. There is no 
anticipated economic cost to persons who are required to comply with the 
proposed amendments.
Questions about the content of the proposal may be directed to Rita King at 
(512) 450-4148 in DHS's Client Self-support Section. Comments on the proposal 
may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-
254, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 
78714-9030, within 30 days of the date of this issue of the Texas Register.
The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs.
sec.4.1004. Eligible Groups. <ol> The programs serve the following groups of 
people:
(1) pregnant women whose income is less than 133% of the federal poverty 
<nl>income limit (FPIL) <ol>[level and whose total resources are less than the 
food stamp resource limit for households with no members age 60 or over];
(2) children under six whose family income is less than 133% of the federal 
poverty <nl>limit  <ol>[level] and whose total resources are less than the food 
stamp resource limit for households with no members age 60 or over;
(3) children age six or older born on or after October 1, 1983, whose family 
income is less than 100% of the federal poverty <nl>limit <ol>[level] and whose 
total resources are less than the food stamp limit for households with no 
members age 60 or over;
(4) newborn children born <nl>to mothers who <ol>[on or after October 1, 1984, 
if their mothers] are receiving Medicaid coverage at the time of birth. This 
coverage can continue through the month:
(A)-(B) (No change.)
(5)-(6) (No change.)
sec.4.1006. Requirements for Application. To be eligible to apply for the 
Children and Pregnant Women (CPW) Program, clients must meet the following 
requirements.
(1) (No change.)
(2) Resources. Resource limits and types of countable and exempt resources for 
CPW are the same as those outlined in the AFDC rules, with the following 
exceptions.
(A) (No change.)
(B) The food stamp resource policy for households with no members 60 or over is 
applied when determining eligibility for [pregnant women,] children under six 
[,] and children six or older born on or after October 1, 1983.
(C) When determining eligibility for [pregnant women and] children under six, 
and children six or older born on or after October 1, 1983, the family's primary 
vehicle is exempt. All other vehicles are considered in accordance with food 
stamp resource requirements.
<nl>(D) Pregnant women described in sec.4.1004(1) of this title (relating to 
Eligible Groups) are exempt from a resource eligibility requirement.
(3)-(8) (No change.)
sec.4.1010. Determining Income Eligibility. Income eligibility is determined 
using the AFDC eligibility requirements outlined in the AFDC rules with the 
following exceptions.
(1)-(4) (No change.)
(5) <nl>The budget group concept described in sec.4.1008 of this title (relating 
to Definition) is applied for determining income eligibility. <ol>[The income, 
resources, and needs of eligible and ineligible members of the budget group are 
considered when determining eligibility. Exception: The caretaker relative of a 
child in the budget group may choose to exclude the child's income, resources, 
and needs when determining eligibility of the child's siblings who are also in 
the budget group.]
(6) <nl>The caretaker relative of a child in the budget group may choose to 
exclude the child's income, resources, and needs when determining eligibility of 
the child's siblings who are also in the budget group.
<nl>(7) There is no income eligibility requirement for newborn children 
described in sec.4.1004(4) of this title (relating to Eligible Groups).
<nl>(8)<ol>[6] Ongoing eligibility for pregnant women is not denied because of 
increased income.
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 October 4, 1991.
TRD-9112234
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Proposed date of adoption: December 1, 1991
For further information, please call: (512) 450-3765
       
TITLE 43. TRANSPORTATION
Part I. Texas Department of Transportation
Chapter 17. Division of Motor Vehicle Titles and Registration
Dealers and Manufactures Vehicle License Plates
43 TAC sec.17.69
The Texas Department of Transportation proposes an amendment to sec.17.69, 
concerning established and permanent place of businesses. This amendment allows 
a motor vehicle dealer's display area to be located on a right-of-way provided 
the governing body having jurisdiction of the area consents to such use or the 
area is leased under Texas Civil Statutes, Article 6673a-3. The amendment is 
necessary to comply with the legislative intent expressed in sec.4 Senate Bill 
352, 72nd Legislature, 1991, and reinforced in the current session, which urged 
and made further provision for enhancing revenue for the department, to gain 
that revenue at the earliest possible date to expedite the state's recovery from 
the current fiscal crisis, and to assist the business community in expediting 
its recovery from current depressed market conditions. The department adopted on 
an emergency basis an amendment to sec.17.69, effective August 30, 1991, which 
was published in the September 10, 1991, issue of the Texas Register (16 TexReg 
4906).
Dian K. Neill, director of motor vehicle titles and registration, has determined 
that for the first five-year period the section is in effect there will be 
fiscal implications for state government as a result of enforcing or 
administering the section. The effect on state government for the first five-
year period the section will be in effect will be an estimated increase in 
revenue of $60,000 each year for 1992-1996. There will be no effect on local 
government. Ms. Neill has certified that there will be no significant impact on 
local economies or overall employment as a result of enforcing or administering 
the proposed section. The economic effect on small or large businesses who chose 
to lease a display area will be approximately $2,000 per lease.
Ms. Neill also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be a more efficient and economical use of highway right-of-way. 
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 Dian K. Neill, director of motor 
vehicle titles and registration, Texas Department of Transportation, 125 East 
11th Street, Austin, Texas 78701-2483.
The amendment is propsed under Texas Civil Statutes, Article 6666 and 6686, 
which provide the Texas Transportation Commission with the authority to 
establish rules for the conduct of the work of the Texas Department of 
Transportation; and specifically for the orderly administration of statutory 
provisions relating to dealers and manufacturers.
sec.17.69. Established and Permanent Place of Business. <ol> A dealer must meet 
the following requirements at each location where vehicles are sold or offered 
for sale.
(1)-(2) (No change.)
(3) Display space requirements.
(A) (No change.)
(B) The display area may not be on a public easement, right-of-way, or 
driveway<nl>, unless the governing body having jurisdiction of the easement, 
right-of-way, or driveway expressly consents to such use; provided, however, 
that if the easement, right-of-way, or driveway is a part of the state highway 
system, such use may only be authorized by a lease agreement entered under Texas 
Civil Statutes, Article 6673a-3. <ol> Such area shall be located at the dealer's 
address or contiguous with the dealer's address. The display area must be owned 
or leased for the exclusive use by the dealer for a continuous term of not less 
than one year. If the display area is in conjunction with other parking 
facilities, such area shall be separated by use of barriers under the control of 
the dealer so as to prevent its use for any purpose other than a display area. 
Subject to approval by the department, the display area may be located within a 
building.
(4) (No change.)
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 October 4, 1991.
TRD-9112222
Diane L. Northam
Legal Administrative Assistant
Texas Department of Transportation
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-8630
       
Chapter 21. Division of Right-of-Way
Control of Outdoor Advertising Signs
43 TAC sec.21.149
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Transportation or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Department of Transportation proposes the repeal of sec.21.149, 
concerning Licenses. Repeal of this section is necessary due to the 
contemporaneous proposed adoption of new sec.21.149, which incorporates certain 
of the repealed provisions in an amended form and also includes updated 
requirements. The 72nd Legislature, 1991, amended Texas Civil Statutes, Article 
4477-9a, to become effective September 1, 1991, by providing for outdoor 
advertising fees and for issuing outdoor advertising licenses for a period of 
one year or longer, both as determined by the Texas Transportation Commission. 
Therefore, in order to meet the requirements and the intent of the legislature, 
the department is repealing the existing section and replacing it with a new 
section which more accurately outlines the updated procedures and requisites. 
The department adopted on an emergency basis the repeal of sec.21.149, effective 
August 29, 1991, which was published in the September 10, 1991, issue of the  
Texas Register (16 TexReg 4907).
Gary Bernethy, P.E., director of right-of-way, has determined that for the first 
five-year period the repeal in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the repeal.
Mr. Bernethy has certified that there will be no significant impact on local 
economics or overall employment as a result of enforcing or administering the 
proposed repeal.
Mr. Bernathy also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of enforcing the 
repeal will be a more effective and uniform enforcement of the display of 
outdoor advertising signs. 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 Gary Bernethy, P.E., Director of 
Right-of-Way, Division of Right-of-Way, Texas Department of Transportation, P.O. 
Box 5075, Austin, Texas 78763-5075.
The repeal is proposed under Texas Civil Statutes, Article 6666, which provide 
the Texas Transportation Commission with the authority to establish rules for 
the conduct of the work of the Texas Department of Transportation, and Texas 
Civil Statutes, Article 4477-9a, which provides the commission with the 
authority to adopt rules to regulate the orderly and effective display of 
outdoor advertising signs along interstate and federal-aid primary highways.
sec.21.149. Licenses.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 1, 1991.
TRD-9112090
Diane L. Northam
Legal Administrative Assistant
Texas Department of Transportation
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-8630
       
The Texas Department of Transportation proposes new sec.21.149, concerning 
Licenses. The new section replaces existing sec.21.149 which is simultaneously 
being proposed for repeal. New sec.21.149 provides for an initial license fee of 
$125 for one year and an annual license renewal fee of $60 for each license. The 
section sets a deadline date of January 1, 1992, for renewing licenses issued 
prior to January 1, 1991, and also allows for the issuance of licenses for one 
year or longer. The 72nd Legislature, 1991, amended Texas Civil Statutes, 
Article 4477-9a, to become effective September 1, 1991, by providing for outdoor 
advertising fees and for issuing outdoor advertising licenses for a period of 
one year or longer, both as determined by the Texas Transportation Commission. 
Therefore, in order to meet the requirements and the intent of the legislature, 
the department is repealing the existing section and replacing it with a new 
section which more accurately outlines the updated procedures and requisites. 
The department adopted on an emergency basis new sec.21.149, effective August 
29, 1991, which was published in the September 10, 1991, issue of the Texas 
Register (16 TexReg 4907).
Gary Bernethy, P.E., director of right-of-way, has determined that there will be 
fiscal implications as a result of enforcing or administering the section. The 
effect on state government for the first five-year period the section is in 
effect will be an estimated increase in revenue of $90,000 for each year for 
1991-1995. Mr. Bernethy has certified that there will be no significant impact 
on local economies or overall employment as a result of enforcing or 
administering the section.
Mr. Bernethy also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be a more effective and uniform enforcement of the display of 
outdoor advertising signs; and the cost of administration and control of signs 
as required by law will be financed by the fees generated. The economic cost to 
small businesses and persons who are required to comply with the proposed 
section will be an increase of $60 per year per license.
Comments on the proposal may be submitted to Gary Bernethy, P.E., Director of 
Right-of-Way, Division of Right-of-Way, Texas Department of Transportation, P.O. 
Box 5075, Austin, Texas 78763-5075.
The Texas Department of Transportation will conduct a public hearing pursuant to 
the Administrative Procedure and Texas Register Act, Texas Civil Statutes, 
Article 6252-13a, sec.5, to receive data, comments, and views concerning the 
proposed new section. The public hearing will be held on Monday, October 28, 
1991, at 9 a.m. in first floor hearing room of the Dewitt C. Greer State Highway 
Building, 11th and Brazos, Austin. Any interested person may appear and offer 
comments, either orally or in writing, however, questioning of those making 
presentations will be reserved exclusively to the presiding officer as may be 
necessary to ensure a complete record. While any person with pertinent comments 
will be granted an opportunity to present them during the course of the hearing, 
the presiding officer reserves the right to restrict testimony in terms of time 
and repetitive comment. Organizations, associations, or groups are encouraged to 
present their commonly held views, and same or similar comments, through a 
representative member where possible. Comments on the proposed text should 
include appropriate citations to sections, subsections, paragraphs, etc., for 
proper reference. Any suggestions or requests for alternative language or other 
revisions in the proposed text should be submitted in written form.
The new section is proposed under Texas Civil Statutes, Article 6666, which 
provide the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation, and 
Texas Civil Statutes, Article 4477-9a, which provides the commission with the 
authority to adopt rules to regulate the orderly and effective display of 
outdoor advertising signs along interstate and federal-aid primary highways.
sec.21.149. Licenses.
(a) Application and issuance.
(1)  Except as provided in sec.21.147 of this title (relating to Exempt Signs) a 
sign owner or sign lessee may not erect or maintain a sign as governed by 
sec.21. 146 of this title (relating to Signs Controlled) until the owner or 
lessee has obtained a license covering the county in which the sign is to be 
erected or maintained. Licenses are issued by the director of right-of-way. An 
applicant for a license must file an application in a form prescribed by the 
department, which shall include, but not be limited to:
(A) the complete name, mailing address, and telephone number of the applicant;
(B) the area to be authorized by the license; and
(C) such additional information as the department deems necessary.
(2) The application must be signed under oath by the applicant and filed with 
the director of right-of-way in Austin, and shall be accompanied by:
(A) an outdoor advertisers surety bond:
(i) in the amount of $2,500 for each county up to a total amount of $10,000;
(ii) payable to the commission to reimburse it for removal costs of a sign the 
licensee unlawfully erects or maintains;
(iii) in a form prescribed by the department, executed by a surety company 
authorized to transact the business of surety insurance in Texas, and such form 
shall include, but not be limited to:
(I) the complete name, mailing address, and telephone number of the applicant,
(II) the bond number assigned by the surety company;
(III) the amount of coverage provided by the surety company;
(IV)  the effective date of the bond; and
(V) such additional information as the department deems necessary;
(B) a duly certified power of attorney from the surety company authorizing the 
surety company representative to execute the bond on the effective date of the 
bond; and
(C) the license fee prescribed by subsection (c) of this section.
(3) An outdoor advertising license may not be issued to or be held by a 
corporation or a limited partnership unless the corporation or limited 
partnership is authorized by the secretary of state to conduct business in the 
State of Texas.
(b) Renewals.
(1) An outdoor advertising license issued or renewed under this section:
(A) shall be valid for a period of one year;
(B) must be renewed no later than January 1, 1992, if it was issued prior to 
January 1, 1991; and
(C) must be renewed no later than one year from the date of issue if issued 
after January 1, 1991.
(2) To renew an outdoor advertising license under this subsection, a licensee 
must file an application in a form prescribed by the department, which shall 
include, but not be limited to:
(A) the complete name, mailing address, and telephone number of licensee;
(B) number of the license being renewed; and
(C) such additional information as the department deems necessary.
(3) The application must be signed under oath by the licensee and filed with the 
director of right-of-way in Austin, and shall be accompanied by:
(A) the renewal fee as prescribed by subsection (c) of this section;
(B) one of the following bond requirements:
(i) a fully executed certification from the surety company that the bond on file 
with the department is in force; or
(ii) an outdoor advertisers surety bond in a form prescribed by the department, 
executed by a surety company authorized to transact the business of surety 
insurance in Texas, payable to the commission to reimburse it for removal costs 
of a sign the licensee unlawfully erects or maintains, and such form shall 
include, but not be limited to:
(I) the complete name, mailing address, and telephone number of the licensee;
(II) the bond number assigned by the surety company;
(III) the amount of coverage provided by the surety company, and which amount 
provides the coverage required by law to support the license held by the 
licensee;
(IV) an effective date that insures the continuous bond coverage required by 
law;
(V) such additional information as the department deems necessary; and
(C) a duly certified power of attorney from the surety company authorizing the 
surety company representative to execute or certify the bond on the effective 
date of the bond or certification.
(c) Fees.
(1) For each outdoor advertising license issued pursuant to this section:
(A) the original fee is $125; and
(B) the annual renewal fee is $60.
(2) A fee prescribed in this subsection is payable by check or cashier's check 
or money order made payable to the Texas highway beautification fund, and is 
nonrefundable.
(d) Revocation or suspension. The director of right-of-way may suspend the 
issuance of additional permits or the transfer of existing permits or revoke a 
license if:
(1) a valid outdoor advertisers surety bond is not continuously maintained 
during that period;
(2) the licensee violates one or more applicable provisions of this undesignated 
head or Texas Civil Statutes, Article 4477-9a; or
(3) the check or money order submitted in payment of the license or the license 
renewal fee is dishonored upon presentment by the department.
(e) Notice and appeal. When actions for suspension or revocation are taken by 
the director of right-of-way, notice will be sent to the last known address of 
the licensee by certified mail.
(1) The notice shall clearly state:
(A) the reasons for the action;
(B) the effective date; and
(C) the right of the licensee to request an administrative hearing.
(2) A request for an administrative hearing under this subsection must be made 
in writing to the director of right-of-way in Austin, within 10 days of the 
receipt of such notice.
(3) If timely requested, an administrative hearing shall be conducted in 
accordance with sec.sec.1.21-1.63 of this title (relating to Contested Case 
Procedure), and shall serve to abate the revocation unless and until that 
revocation is affirmed by order of the commission.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 1, 1991.
TRD-9112091
Diane L. Northam
Legal Administrative Assistant
Texas Department of Transportation
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-8630
       
43 TAC sec.21.150
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas Department 
of Transportation or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Department of Transportation proposes the repeal of sec.21.150, 
concerning permits. Repeal of this section is necessary due to the 
contemporaneous proposed adoption of new sec.21.150, which incorporates certain 
of the repealed provisions in an amended form and also includes updated 
requirements. The department has studied and analyzed the sign permit fees under 
the Litter Abatement Act, Texas Civil Statutes, Article 4477-9a, and the costs 
in administering the provisions of the Act, and has determined that the fees 
require adjustment and that the procedures should be expanded and clarified for 
permit periods, renewals, transfers, and cancellation. Therefore, the department 
is repealing the existing section and replacing it with a new section which more 
accurately outlines the updated procedures and requisites. The department 
adopted on an emergency basis the repeal of sec.21.150, effective June 5, 1991, 
which was published in the June 14, 1991, issue of the Texas Register (16 TexReg 
3236).
Gary Bernethy, P.E., director of right-of-way, 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. Bernethy has certified that there will be no significant impact on 
local economies or overall employment as a result of enforcing or administering 
the proposed repeal.
Mr. Bernethy also has determined that for each year of the first five years the 
repeal is in effect the public benefit anticipated as a result of enforcing the 
repeal will be a more effective and uniform enforcement of the display of 
outdoor advertising signs. 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 Gary Bernethy, P.E., Director of 
Right-of-Way, Division of Right-of-Way, Texas Department of Transportation, P.O. 
Box 5075, Austin, Texas 78763-5075.
The repeal is proposed under Texas Civil Statutes, Article 6666, which provide 
the Texas Transportation Commission with the authority to establish rules for 
the conduct of the work of the Texas Department of Transportation, and Texas 
Civil Statutes, Article 4477-9a, which provide the commission with the authority 
to adopt rules to regulate the orderly and effective display of outdoor 
advertising signs along interstate and federal-aid primary highways.
sec.21.150. Permits.
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 October 1, 1991.
TRD-9112088
Diane L. Northam
Legal Administrative Assistant
Texas Department of Transportation
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-8630
       
The Texas Department of Transportation proposes new sec.21.150, concerning 
permits. The new section replaces existing sec.21.150 which is simultaneously 
being proposed for repeal. The department has studied and analyzed the sign 
permit fees under the Litter Abatement Act, Texas Civil Statutes, Article 4477-
9a, and the costs in administering the provisions of the Act, and has determined 
that the fees require adjustment and that the procedures should be expanded and 
clarified for permit periods, renewals, transfers, and cancellation. The new 
section outlines permit eligibility, application and issuance, renewals, refunds 
and prorations, transfers, replacement, fees, expiration or cancellation, 
removal, and notice and appeal. The section provides for a permit fee in the 
amount of $96 for one year; a permit renewal fee of $40 per year; and a transfer 
fee of $25. The section also sets a deadline date of October 1, 1991, for 
renewing sign permits issued before September 6, 1985. The department adopted on 
an emergency basis new  s21.150, effective June 5, 1991, which was published in 
the June 14, 1991, issue of the Texas Register  (16 TexReg 3236).
Gary Bernethy, P.E., director of right-of-way, has determined that there will be 
fiscal implications as a result of enforcing or administering the section. The 
effect on state government for the first five-year period the section is in 
effect will be an estimated increase in revenue of $354,000 for each year for 
1991-1995. Mr. Bernethy has certified that there will be no significant impact 
on local economies or overall employment as a result of enforcing or 
administering the proposed section.
Mr. Bernethy also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section as proposed will be a more effective and uniform enforcement of the 
display of outdoor advertising signs. There will be no effect on small 
businesses as a result of enforcing the sections. There is no anticipated 
economic cost to persons who are required to comply with the proposed section to 
defer the permit renewal deadline specified in the section.
Comments on the proposal may be submitted to Gary Bernethy, P.E., Director of 
Right-of-Way, Division of Right-of-Way, Texas Department of Transportation, P.O. 
Box 5075, Austin, Texas 78763-5075.
The Texas Department of Transportation will conduct a public hearing pursuant to 
the Administrative Procedure and Texas Register Act, Texas Civil Statutes, 
Article 6252-13a, sec.5, to receive data, comments, and views concerning the 
proposed new section. The public hearing will be held on Monday, October 28, 
1991, at 9 a.m. in first floor hearing room of the Dewitt C. Greer State Highway 
Building, 11th and Brazos, Austin. Any interested person may appear and offer 
comments, either orally or in writing, however, questioning of those making 
presentations will be reserved exclusively to the presiding officer as may be 
necessary to ensure a complete record. While any person with pertinent comments 
will be granted an opportunity to present them during the course of the hearing, 
the presiding officer reserves the right to restrict testimony in terms of time 
and repetitive comment. Organizations, associations, or groups are encouraged to 
present their commonly held views, and same or similar comments, through a 
representative member where possible. Comments on the proposed text should 
include appropriate citations to sections, subsections, paragraphs, etc., for 
proper reference. Any suggestions or requests for alternative language or other 
revisions in the proposed text should be submitted in written form.
The new section is proposed under Texas Civil Statutes, Article 6666, which 
provide the Texas Transportation Commission with the authority to establish 
rules for the conduct of the work of the Texas Department of Transportation, and 
Texas Civil Statutes, Article 4477-9a, which provides the commission with the 
authority to adopt rules to regulate the orderly and effective display of 
outdoor advertising signs along interstate and federal-aid primary highways.
sec.21.150. Permits.
(a) Eligibility. A permit under this section may only be issued to a sign owner 
holding a valid license issued pursuant to sec.21.149 of this title (relating to 
Licenses).
(b)  Application and issuance.
(l) Except as provided in sec.21.151 of this title (relating to Local Control) a 
sign owner who desires a permit to erect or maintain a sign as required in 
sec.21.146 of this title (relating to Signs Controlled), must file an 
application in a form prescribed by the department, which shall include, but not 
be limited to:
(A) the name and address of the applicant;
(B) proposed location and description of the sign;
(C) name and address of the site owner;
(D)  indication that the site owner has consented to the erection of the sign; 
and
(E) such additional information as the department deems necessary.
(2) The application must be signed under oath by the sign owner and filed with 
the district engineer in whose district the sign is to be erected or maintained, 
and shall be accompanied by the prescribed fee or fees.
(3)  An application will not be approved unless the sign for which the permit is 
requested meets all applicable requirements of the sections under this 
undesignated head.
(4) If approved, a copy of the application, endorsed by the district engineer, 
or his or her designee, and a Texas sign permit plate will be issued to the 
applicant. Not later than 30 days after erection of the permitted sign, the sign 
owner shall cause the permit plate to be securely attached to that portion of 
the sign structure nearest the highway and visible from the main traveled way.
(c) Renewals.
(1) Subject to the terms and location stated in the permit application, a permit 
issued or renewed under this section shall be valid for a period of one year, 
provided that the sign is erected and maintained in accordance with the 
applicable sections under this undesignated head.
(2) A permit issued by the department prior to September 6, 1985, must be 
renewed no later than October 1, 1991.
(3)  An annual permit issued subsequent to September 5, 1985, must be renewed 
prior to the expiration date of that permit.
(4) To renew a permit under this subsection a permit holder must file with the 
district engineer a written request in a form prescribed by the department, 
together with the prescribed renewal fee; and further provided that the sign 
continues to meet all applicable requirements.
(d) Refunds and prorations.
(1) All payments not in accordance with the fees described in subsection (g) of 
this section which were received after September 5, 1985, and before September 
1, 1991, for renewals of permits issued by the department prior to September 6, 
1985, will be refunded. This refund does not release the current owner of an 
advertising sign from complying with the renewal provisions prescribed in 
subsection (c) of this section.
(2) All payments for renewals of annual permits due subsequent to September 1, 
1990, that were in excess of the fees described in subsection (g) of this 
section, will be prorated to provide credit for subsequent renewals of the 
applicable permit. The credit shall be equal to the product of the amount which 
is in excess of the fee which would be assessed under subsection (g) of this 
section, multiplied by a fraction, the numerator of which is equal to the number 
of days from September 1, 1991, remaining for which the permit is valid, and the 
denominator of which is equal to 365 days; provided, however, this amount will 
be refunded if requested by the permit holder for the permit or the amount will 
be refunded if deemed appropriate by the department. The credit is calculated by 
using the following formula:
[graphic]
where: "C" = the amount of the credit due; "A" = the amount of the fee paid; "B" 
= the amount of fee required under subsection (g) of this section; and "D" = the 
number of days after August 31, 1991, until date of permit termination.
(e) Transfer.
(1) A permit may only be assigned or transferred with the written approval of 
the district engineer. At the time of the transfer, both the transferor and the 
transferee must hold a valid outdoor advertising license issued pursuant to 
sec.21.149.
(2) The holder of a permit or permits who desires to transfer one or more 
permits must file with the district engineer a request in a form prescribed by 
the department together with the prescribed transfer fee. The transferor and 
transferee will each be issued a copy of the approved permit transfer form.
(f) Replacement. In the event a permit plate is lost or stolen, is missing from 
the sign structure, or becomes illegible, the sign owner must submit to the 
district engineer a request for a replacement plate in a form prescribed by the 
department, together with the prescribed replacement fee.
(g) Fees.
(1) For a permit issued pursuant to this section:
(A) the original fee is $96 for each sign;
(B) the annual renewal fee is $40;
(C) the transfer fee for one or more permits transferred in a single transaction 
is $25 per permit or a total of $2,500, whichever is less; and
(D) the replacement fee is $25.
(2) A fee prescribed in this subsection is payable by check, cashier's check, or 
money order, and is nonrefundable.
(h) Expiration or cancellation. The director of right-of-way may cancel a permit 
issued pursuant to this section if the sign subject to the permit is acquired by 
the state, is removed, or is not maintained in accordance with applicable 
sections under this undesignated head or Texas Civil Statutes, Article 4477-9a.
(i) Removal. If a permit expires without renewal, is cancelled without 
reinstatement, or if a sign other than an exempt sign is erected or maintained 
without a permit, the owner of the involved sign and sign structure shall, upon 
written notification by the district engineer, effect their removal at no cost 
to the state.
(j) Notice and appeal. Upon determination that a permit should be cancelled, the 
director of right-of-way shall mail a notice of cancellation to the last known 
address of the permit holder by certified mail.
(1) The notice shall clearly state:
(A) the reasons for the cancellation;
(B) the effective date of the cancellation; and
(C)  the right of the permit holder to request an administrative hearing on the 
question of the cancellation.
(2) A request for an administrative hearing under this subsection must be made 
in writing to the director of right-of-way within 10 days of the receipt of the 
notice of cancellation.
(3) If timely requested, an administrative hearing shall be conducted in 
accordance with sec.sec.1.21-1.63 of this title (relating to Contested Case 
Procedure), and shall serve to abate the cancellation unless and until that 
cancellation is affirmed by order of the commission.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 1, 1991.
TRD-9112150
Diane L. Northam
Legal Administrative Assistant
Texas Department of Transportation
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-8630
       
Chapter 31. Division of Public Transportation
General
43 TAC sec.31.3
(Editor's Note: The Texas Department of Transportation proposes for permanent 
adoption the amended sections it adopts on an emergency basis in this issue. The 
text of the amended sections is in the Emergency Rules section of this issue.)
The Texas Department of Transportation proposes an amendment to sec.31.3, 
concerning definitions. The definition of authority is being amended to exclude 
taxing entities in areas with less than 200,000 population. The remaining 
changes in this section are due to the recent name changes of the department, 
commission, and members of the staff. The amendment is necessary due to the 
recent passage of House Bill 235, 72nd Legislature, 1991, and House Bill 9, 72nd 
Legislature, First Called Session, 1991, effective September 1, 1991, which 
necessitates the promulgation of amendments to rules describing the 
administration of state public transportation programs.
Richard G. Christie, 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. Christie has certified that there will be no significant impact on local or 
economies or overall employment as a result of enforcing or administering the 
proposed section.
Mr. Christi also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be a more consistent application in the administration of public 
transportation grant programs. 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 Richard G. Christie, director of 
public transportation, attention: Margot Massey, Texas Department of 
Transportation, 125 East 11th Street, Austin, Texas 78701-2483.
The amendment is proposed under Texas Civil Statutes, Article 6666, 6663b, and 
6663c, which provide the Texas Transportation Commission with the authority to 
establish rules for the conduct of the work of the Texas Department of 
Transportation, and more specifically to administer the state public 
transportation fund and state and federal public transportation programs.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 3, 1991.
TRD-9112182
Diane L. Northam
Legal Administrative Assistant
Texas Department of Transportation
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-8630
       
Chapter 31. Division of Public Transportation
State Programs
43 TAC sec.31.11, sec.31.13
(Editor's Note: The Texas Department of Transportation proposes for permanent 
adoption the amended sections it adopts on an emergency basis in this issue. The 
text of the amended sections is in the Emergency Rules section of this issue.)
The Texas Department of Transportation proposes amendments to sec.31.11, 
concerning formula program and sec.31.13, concerning discretionary program. An 
authority, as that term is defined in sec.31.3 and is simultaneously being 
amended, is no longer eligible to receive monies under the formula or 
discretionary state programs. The amendments describe how the available public 
transportation funds are now split equally between transit systems in urbanized 
areas of 50,000 or greater population, including those in cities not served by 
authorities that exist in that urbanized area, and systems in nonurbanized 
areas. The amendments are necessary due to the recent passage of House Bill 235, 
72nd Legislature, 1991, and House Bill 9, 72nd Legislature, First Called 
Session, 1991, effective September 1, 1991, which necessitates the promulgation 
of amendments to rules describing the administration of state public 
transportation programs. Contracts with local public transportation operators 
must currently be negotiated to conform with the new provisions.
Richard G. Christie, director of public transportation 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. Christie has certified that there will be no 
significant impact on local economies or overall employment as a result of 
enforcing or administering the proposed section.
Mr. Christi 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 more consistent application in the administration of 
public transportation grant programs. 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 Richard G. Christie, Director of 
Public Transportation, Attention: Margot Massey, Texas Department of 
Transportation, 125 East 11th Street, Austin, Texas 78701-2483.
The amendments are proposed under Texas Civil Statutes, Articles 6666, 6663b, 
and 6663c, which provide the Texas Transportation Commission with the authority 
to establish rules for the conduct of the work of the Texas Department of 
Transportation, and more specifically to administer the state public 
transportation fund and state and federal public transportation programs.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 3, 1991.
TRD-9112180
Diane L. Northam
Legal Administrative Assistant
Texas Department of Transportation
Earliest possible date of adoption: November 11, 1991
For further information, please call: (512) 463-8630
       
 Texas Department of Insurance Exempt Filing 
Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L
(Editor's note: As required by the Insurance Code, Article 5.96 and Article 
5.97, the Texas Register publishes notices of proposed actions taken 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 Artiole 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 Statuets, does not apply to board action 
under Articles 5.96 and 5.97.
<p 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 8:30 a.m., 
November 20, 1991, in Room 100 of the Texas Department of Insurance Building, 
333 Guadalupe Street in Austin, will consider amendments to the Texas Automobile 
Manual (the Manual) and the Standard Provisions for Automobile Policies (the 
Standard Provisions).
These amendments are proposed because of a new statute designated as House Bill 
2 in the 1991 regular session of the legislature. That statute added to the 
Insurance Code a new Article 21.55 setting forth procedures for insurers in 
regard to prompt payment of claims. Insurers are required to take certain 
actions within time periods specified in the statute, as set forth in the 
following examples: respond within 15 days from receiving notice of claim, 
notify policyholder, after receipt of information, whether claim will be paid or 
denied, or whether more information is needed approve or deny the claim within 
45 days after requesting more time, unless exceptions apply.
House Bill 2 also added to the Insurance Code a new Article 21.56, setting forth 
time limits and other requirements for insurers in regard to notifying 
policyholders about settlement of claims against those policyholders.
The new requirements of Articles 21.55 and 21.56 are proposed to be incorporated 
into the Manual and the Standard Provisions by adoption of the following 
amendatory endorsements: 593-Texas Personal Auto Policy; 4P- Mobilowners Policy, 
Mechanical Breakdown Policies; SI 3-Single Interest Auto Physical Damage 
Insurance Forms; MB 2-Mechanical Breakdown Policies; NR 2- Non-Resident Texas 
Auto Policy; and, TE 00 39A-Business Auto, Garage, and Truckers Coverage Forms.
The proposed rule also sets forth the Manual's index pages that would be revised 
to incorporate the previous changes.
The amendments to the Manual and the Standard Provisions are proposed to be 
adopted for policies to be effective on and after 12:01 a.m., January 1, 1992.
Copies of the full text of the proposed amendments to the Manual and the 
Standard Provisions are available for review in the office of the Chief Clerk of 
the Texas Department of Insurance, 333 Guadalupe Street, Austin.
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 October 3, 1991.
TRD-9112168
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
Proposed date of adoption: January 1, 1992
For further information, please call: (512) 463-6327
       

The Texas Department of Insurance at a board meeting scheduled for 8:30 a.m. 
November 21, 1991 in Room 100 of the Texas Department of Insurance Building, 333 
Guadalupe Street in Austin, Texas, will consider amendments to Parts One and 
Two, Endorsement WC 42 05 17 and the notice of election form in the Texas 
Retrospective Rating Plan Manual-Workers' Compensation and Employers' Liability 
Manual pertaining to the residual market factor applicable to Retrospective 
Rating Options I, II, III, IV, and V. The proposed rule includes an amendment to 
Part One by deleting the large risk alternative rating option that was adopted 
under the emergency rules effective May 1, 1991. The proposed rule amends Part 
Two by requiring that a residual market premium (RMP) be added to the Texas 
workers' compensation (WC) retrospective premium. The RMP shall be a percentage 
of the Texas WC retrospective premium and that percentage is the residual market 
factor (RMF). The only allowable method for collecting the RMP shall be by 
application of the RMF to the RMP. The RMF shall be established by the State 
Board of Insurance and will be calculated by dividing the actual assessed Texas 
WC residual market deficit by the total Texas WC voluntary written premium for 
the year to which the deficit assessment relates.
The proposed rule states the RMF that is applicable to the first retrospective 
premium adjustment shall apply to all subsequent retrospective premium 
adjustments until the plan is finalized. For each annual period in a three-year 
plan, the RMF shall apply separately. The RMF that is applicable to each such 
annual period shall apply until plan is finalized. Endorsement WC 42 05 17 is 
proposed to add a provision for the residual market premium and is to be 
considered as a supplement to other retrospective rating endorsements. The Texas 
notice of election of retrospective rating plan form is also proposed continued 
to be amended to delete reference to the RMF as this is no longer being 
considered an elective with retrospectively rated policies. The proposed rule is 
to be effective on the 15th day after notice of this action is published in the 
Texas Register.
Copies of the full text of the proposed amendment to Parts One and Two, 
Endorsement WC 42 05 17 and notice of election form in the Texas Retrospective 
Rating Plan Manual-Workers' Compensation and Employers' Liability Manual 
pertaining to the residual market factor applicable to Retrospective Rating 
Options I, II, III, IV, and V are available for review in the Office of the 
Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, 
Texas 78714-9104.
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 October 3, 1991.
TRD-9112169
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: October 26, 1991
For further information, please call: (512) 463-6327