Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on an 
emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days.
Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section.
TITLE 1. ADMINISTRATION
Part IV. Office of the Secretary of State
Chapter 81. Elections
Voting Systems
1 TAC sec.81.54
The Office of the Secretary of State is renewing the effectiveness of the 
emergency adoption of the new sec.81.54, for a 60-day period effective November 
9, 1991. The text of the new sec.81.54 was originally published in the July 19, 
1991, issue of the  Texas Register (16 TexReg 3979).
Issued in Austin, Texas, on October 10, 1991.
TRD-9112553
Tom Harrison
Special Assistant for Elections
Office of the Secretary of State
Effective date: November 9, 1991
Expiration date: January 8, 1992
For further information, please call: (512) 463-5650
       
TITLE 22. EXAMINING BOARDS
Part XI. Board of Nurse Examiners
Chapter 213. Practice and Procedure
22 TAC sec.sec.213.19, 213.20-213.22
The Board of Nurse Examiners adopts on an emergency basis amendments to 
sec.213.19 and sec.213.20 and new sec.213.21 and sec.213.22, concerning 
licensure of persons with criminal convictions, licensure of persons who have 
been hospitalized or treated for mental illness, or are chemically dependent, 
declaratory orders of eligibility for licensure, and representation. The 
emergency adoption of these amendments and new sections are a direct result of 
the passage of Texas Civil Statutes, Article 4519a during the 72nd Legislative 
Session. These rules will further clarify procedures used in determining a 
candidate's eligibility to write the licensure examination based upon review of 
documentation. The representation section was merely renumbered to allow for 
sequential ordering of the rules.
The emergency adoption of these amendments and new sections are adopted on an 
emergency basis under Texas Civil Statutes, Article 4514, sec.1, which provide 
the board with the authority to make and enforce all rules and regulations 
necessary for the performance of its duties and conducting of proceedings before 
it, to establish standards of professional conduct for all persons licensed 
under the provisions of this law in keeping with its purpose and objectives.
sec.213.19. Licensure of Persons with Criminal Convictions.
(a)  This section sets out the guidelines and criteria on the eligibility of 
persons with criminal <nl>convictions <ol> [backgrounds] to obtain a license as 
a registered nurse. The <nl>board<ol> [Board of Nurse Examiners] may refuse to 
admit persons to its licensure examinations, may refuse to issue a license or 
certificate of registration, or may refuse to issue a temporary permit to any 
individual that has been convicted of a felony, a misdemeanor involving moral 
turpitude, or engaged in conduct resulting in the revocation of probation 
imposed pursuant to such conviction.
[(b) Criminal convictions which directly relate to the occupation of registered 
nurse.
[(1) The board may refuse to admit persons to its licensure examinations, may 
refuse to issue a license or certificate of registration, or may refuse to issue 
a temporary permit to any individual that has been convicted of a felony or 
misdemeanor if the crime directly relates to the duties and responsibilities of 
a registered nurse.]
<nl>(b)<ol>[(2)] In considering whether a criminal conviction <nl>renders the 
individual ineligible for licensure as <ol> [directly relates to the occupation 
of] a registered nurse, the board shall consider:
<nl>(1) <ol>[(A)] the nature and seriousness of the crime; <nl>and
<nl>(2) <ol>[(B)] the relationship of the crime to the <nl>potential ability of 
the individual to render safe professional nursing care<ol> [purposes for 
requiring a license to be a registered nurse]. The following felonies and 
misdemeanors [relate to the duties and responsibilities of a registered nurse 
because these criminal offenses]  <nl>may<ol> indicate an inability [or a 
tendency to be unable] to perform as a registered nurse:
<nl>(A)<ol>[(i)<ol>]  [the misdemeanor of] knowingly or intentionally acting as 
a registered nurse without a license issued under the Nurse Practice Act;
<nl>(B) <ol>[(ii) <ol>] a misdemeanor and/or felony involving moral turpitude;
<nl>(C)<ol>[(iii)<ol>] a misdemeanor and/or a felony offense under various 
titles of the Texas Penal Code:
<nl>(i)<ol>[(I)] murder;
<nl>(ii)<ol>[(II)] assault;
<nl>(iii)<ol>[(III)] burglary;
<nl>(iv)<ol>[(IV)] robbery;
<nl>(v)<ol>[(V)] theft;
<nl>(vi)<ol>[(VI)] rape or sexual abuse;
<nl>(vii)<ol>[(VII)]  patient abuse;
<nl>(vii)<ol>[(VIII)] injury to an elderly person;
<nl>(ix)<ol>[(IX)] child molestation, abuse, endangerment, or neglect;
<nl>(x)<ol>[(X)] felony conviction for driving while intoxicated, driving under 
the influence of alcohol or drugs, or driving while the ability is impaired;
<nl>(xi)<ol>[(XI)] <nl>use, <ol> sale, distribution, illegal possession, or 
manufacturing of narcotics, controlled substances, or dangerous drugs; <nl>and
<nl>(xii)<ol>[(XII)] offenses of attempting or conspiring to commit any of the 
offenses in this subsection <nl>.<ol>[;]
<nl>(D)<ol>[<nl>(iv)<ol>]  the misdemeanors and felonies listed <nl>in 
subparagraph (C) of this paragraph, <ol> which are not inclusive in that the 
board may consider other particular crimes in special cases in order to promote 
the intent of the Nurse Practice Act and this chapter;
<nl>(i)<ol>[(C)] the extent to which a license might offer an opportunity to 
engage in further criminal activity of the same type as that in which the person 
previously had been involved; <nl>and
<nl>(ii)<ol>[(D)] the relationship of the crime to the ability, capacity, or 
fitness required to perform the duties and discharge the responsibilities of a 
registered nurse<nl>.<ol>[; and]
[(E) the relationship of the crime to the purposes for requiring a license to 
practice professional nursing.]
<nl>(c)<ol>[(3)] In connection with a complaint alleging conviction of a crime 
[which directly relates to the duties and responsibilities of a registered 
nurse], the board shall consider the following evidence  <nl>regarding<ol> [as 
to] present fitness to practice professional nursing:
<nl>(1)<ol>[(A)] the extent and nature of the person's past criminal activity; 
and
<nl>(2)<ol>[(B)] the age of the person at the time of the commission of the 
crime;
<nl>(3)<ol>[(C)] conduct and work activity of the person prior to and after the 
criminal activity;
<nl>(4)<ol>[(D)] evidence of rehabilitation while incarcerated or following 
release;
<nl>(5)<ol>[(E)] 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
<nl>(6)<ol>[(F)] records of steady employment, provisions for dependents, any 
payment of all court costs, supervision fees, fines, and restitution if ordered 
as a result of the person's conviction.
<nl>(d)<ol>[(c)] Procedures for denying a license to a person with a criminal 
background include the following.
(1) The executive <nl>director<ol> [secretary] shall give written notice to the 
person that the board proposes to deny the application for a license <nl>or 
permission to write the licensure examination<ol> [after a formal hearing].
(2) If the board denies an application for a license <nl>or permission to write 
the licensure examination<ol> under this section, the executive <nl>director<ol> 
[secretary] shall give the person written notice  <nl>of the reasons for the 
decision.<ol>[:]
[(A) of the reasons for the decision;
[(B) that the person, after exhausting administrative appeals, may file an 
action in any of the district courts in the county of residence for review of 
the evidence presented to the board and its decision;
[(C) that the person must begin the judicial reviews by filing a petition with 
the court within 30 days after the board's action is final and appealable; and
[(D)  of the earliest date that the person may appeal.]
sec.213.20. Licensure of Persons who have been Hospitalized or Treated for 
Mental Illness, or are Chemically Dependent.
(a) Purpose. This section sets out the guidelines and criteria on the 
eligibility of persons <nl>with mental illness and/or chemical dependency<ol> to 
obtain a license as a registered nurse. The <nl>board<ol> [Board of Nurse 
Examiners] may refuse to admit persons to its licensure examinations, may refuse 
to issue a license or certificate of registration, or may refuse to issue a 
temporary permit to any individual with lack of fitness to practice by reason of 
mental illness or intemperate use of alcohol or drugs that could result in 
injury to patients or the public.
(b) Definition. For purposes of this rule "mental illness" is defined as an 
illness, disease, or condition which either substantially impairs the person's 
thought <nl>processes <ol>, perception of reality, emotional <nl>stability<ol> 
[process], [or] judgment<nl>, <ol> [;] or [grossly impairs behavior as 
manifested by recent disturbed] behavior. ["Mental illness" does not include 
epilepsy, senility, alcoholism, or mental deficiency.]
[(1) The board may refuse to admit a person to its licensure examinations, may 
refuse to issue a license or certificate of registration, or may refuse to issue 
a temporary permit to any individual who is mentally ill or is chemically 
dependent, if this condition(s) directly effects the registered nurse's ability 
to practice professional nursing.]
<nl>(c)<ol>[(2)] In considering whether mental illness and/or chemical 
dependence directly effects the practice of a registered nurse, the board shall 
consider:
<nl>(1) <ol>[(A)] the nature and seriousness of mental illness<nl>;<ol>[.] 
<nl>and<ol> [Excluded are problems which are short term in nature, such as a 
situational crisis in which there is an external event that threatens the 
ability of the individual to cope, the individual receives counseling and 
his/her functioning is no longer impaired. Examples of situational crises 
include but are not limited to:]
[(i) natural disasters such as earthquake, tornado, or hurricane;
[(ii) loss through death or divorce;
[(iii) loss of employment;
[(iv) rape; or
[(v) post partum depression; and]
<nl>(2)<ol>[(B)] whether the individual is impaired by drug or alcohol use.
[(c) Procedures for denying a license to a person with mental illness and/or 
chemical dependence.]
<nl>(d)<ol>[(1)] The executive <nl>director<ol> [secretary] shall give written 
notice to the person that the board proposes to deny the application for a 
license <nl>or permission to write the licensure examination<ol> [after a formal 
hearing].
<nl>(e)<ol>[(2)] If the board denies an application for a license under this 
section, the executive  <nl>director<ol> [secretary] shall give the person 
written notice[:] <nl>of the reasons for the decision.
[(A) of the reasons for the decision;
[(B) that the person, after exhausting administrative appeals, may file an 
action in any of the district courts in the county of residence for review of 
the evidence presented to the board and its decision;
[(C) that the person must begin the judicial reviews by filing a petition with 
the court within 30 days after the board's action is final and appealable; and
[(D) of the earliest date that the person may appeal.]
sec.213.21. Declaratory Order of Eligibility for Licensure.
(a) An individual enrolled or planning to enroll in a basic nursing program who 
has reason to believe that he/she is ineligible for licensure may petition the 
board for a declaratory order as to his/her eligibility.
(b) The individual must submit a petition on forms provided by the board which 
includes:
(1) a statement of the individual indicating the reason(s) and basis of 
potential ineligibility;
(2) if the potential ineligibility is due to criminal conviction, any court 
documents including, but not limited to, any indictments, judgments, probation 
records, and evidence of completion of probation, if applicable;
(3) if the potential ineligibility is due to mental illness, evidence of 
evaluation, including a prognosis, by a psychologist or psychiatrist, evidence 
of treatment, including any medication;
(4) if the potential ineligibility is due to chemical dependency including 
alcohol, evidence of evaluation and treatment, after care and support group 
attendance; and
(5) the required fee.
(c) An investigation of the petition and the individual's eligibility may be 
conducted.
(d) The petitioning individual or the board may amend the petition at any time 
before a final determination is made.
(e) If the board proposes to find the petitioning individual ineligible for 
licensure, he/she is entitled to a hearing in accordance with Texas Civil 
Statutes, Article 4525(b) as amended.
(f) In the absence of new evidence known to but not disclosed by the petitioning 
individual or not reasonably available to the board at the time the declaratory 
order is issued, the board's ruling on the petition is final.
sec.213.22. Representation.  Any representative for any party appearing for any 
proceeding before the agency must be an attorney licensed to practice law.
Issued in Austin, Texas, on October 9, 1991.
TRD-9112561
Louise Waddill, Ph.D., R.N.
Executive Director
Board of Nurse Examiners
Effective date: October 10, 1991
Expiration date: February 7, 1992
For further information, please call: (512) 835-8650
       
22 TAC sec.213.21
The Board of Nurse Examiners adopts on an emergency basis the repeal of 
sec.213.21, concerning representation. The emergency adoption of this repeal is 
necessary to allow for renumbering with the addition of a new section also being 
adopted on an emergency basis regarding declaratory orders.
The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 
4514, sec.1, which provide the board with the authority to make and enforce all 
rules and regulations necessary for the performance of its duties and conducting 
of proceedings before it, to establish standards of professional conduct for all 
persons licensed under the provisions of this law in keeping with its purpose 
and objectives.
sec.213.21. Legal Council.
Issued in Austin, Texas, on October 9, 1991.
TRD-9112559
Louise Waddill, Ph.D, R.N.
Executive Director
Board of Nurse Examiners
Effective date: November 10, 1991
Expiration date: February 7, 1992
For further information, please call: (512) 835-8650
       
Chapter 217. Licensure and Practice
22 TAC sec.sec.217.6-217.8
The Board of Nurse Examiners adopts on an emergency basis amendments to 
sec.sec.217.6-217.8, concerning temporary permits, failure to renew license, and 
reactivation from inactive status. The emergency adoption of these amendments is 
a direct result of the passage of Texas Civil Statutes, Article 4523(c) during 
the 72nd Legislative Session. These amendments include the provision for the 
issuance of a temporary permit for an RN who has been out of practice for four 
or more years (Article 4523(c)); and for the inclusion of continuing education 
requirements.
The amendments are adopted on an emergency basis under Texas Civil Statutes, 
Article 4514, sec.1, which provide the board with the authority to make and 
enforce all rules and regulations necessary for the performance of its duties 
and conducting of proceedings before it, to establish standards of professional 
conduct for all persons licensed under the provisions of this law in keeping 
with its purpose and objectives.
sec.217.6. Temporary Permit.
(a)-(c) (No change.)
<nl>(d) Registered nurse with an inactive or delinquent licenses. A registered 
nurse who has not practiced nursing for four or more years may be issued a 
temporary permit for the limited purpose of completing a refresher course, 
extensive orientation to the practice of professional nursing, or academic 
course. The permit is valid for six months and is nonrenewable.
sec.217.7. Failure to Renew <nl>License [Certificate of Reregistration].
(a) A registered nurse who is not practicing professional nursing in Texas and 
who allows his or her <nl>license <ol> [reregistration] to lapse for a period of 
time less than four years may being his or her <nl>license<ol> [registration] up 
to date by filing such forms as the board may require, <nl>showing evidence of 
having completed 20 contact hours of acceptable continuing education within two 
years immediately preceding the application for relicensure,<ol> and paying the 
current <nl>licensure<ol> [registration] fee and a fee equal to the examination 
fee.
(b) A registered nurse who is not practicing professional nursing [in Texas] and 
who allows his or her <nl>license <ol> [annual reregistration] to lapse for four 
or more years will be required to submit a duly executed application <nl>for 
temporary permit for the limited purpose of completing a refresher course, 
extensive orientation to the practice of professional nursing, or academic 
course. <ol> [form obtained from the board's office with the following:]
[(1) Evidence of a refresher course or agreement to complete a refresher course, 
agreement to work under supervision of a registered nurse, or a copy of the 
applicant's current registered nurse license from another jurisdiction with 
evidence of recent employment in nursing.
[(2) A recent fade-proof identification photograph (approximately two inches by 
two inches). The registrant's name, address, and date photograph was made and 
registration number shall be written on the back of the photograph.
[(3) after evaluation and approval, the delinquent registrant will be required 
to pay the current registration fee plus a fee equal to the examination fee.]
<nl>(c) Upon submission of evidence of completion of the refresher course, 
extensive orientation to the practice of professional nursing, or academic 
course, the nurse will be required to submit a duly executed application form 
obtained from the board's office with the following:
<nl>(1) a current, passport type photograph with the signature, address, license 
number, and date photograph was made written on the back;
<nl>(2) evidence of having completed 20 contact hours of acceptable continuing 
education within two years immediately preceding the application for 
relicensure; and
<nl>(3) the current licensure fee plus a fee equal to the examination fee.
sec.217.8. Reactivation from Inactive Status.
(a) A registered nurse who <nl>has<ol> [is] not <nl>practiced <ol> [practicing 
professional nursing and whose license has been in an inactive status for less 
than four years may reactivate the license by completing the application 
form<nl>,<ol> [and] paying <nl>the required<ol> [a $5.00] reactivation fee and 
the current <nl>licensure <ol> [reregistration] fee[.]<nl>, and submitting 
verification of completion of 20 hours of continuing education in compliance 
with sec.217.15 of this title (relating to Continuing Education), beginning 
September 1993<ol>.
(b) A registered nurse who <nl>has<ol> [is] not <nl>practiced <ol> [practicing] 
professional nursing <nl>in Texas<ol> and whose license has been in an inactive 
status for more than four years will submit the following:
(1) an application <nl>for licensure <ol> form;
(2) verification of employment as a registered nurse in another 
<nl>jurisdiction<ol> [state]; or
(3) <nl>verification of completion <ol> [evidence] of a refresher course<nl>, 
extensive orientation to the practice of professional nursing or academic course 
which meets the board's requirements and was completed within the last year<ol> 
[or an agreement to supervised employment or agreement to a refresher course;
<nl>(4) evidence of completion of 20 contact hours of CE in compliance with 
sec.217.15 of this title (relating to Continuing Education);
<nl>(5)<ol>[(4)] <nl>a <ol> current <nl>passport type<ol> photo; and
<nl>(6)<ol>[(5)] <nl>the required<ol> reactivation fee [of $10] plus the current 
<nl>licensure<ol> [reregistration] fee.
<nl>(c) A registered nurse who has not practiced professional nursing in Texas 
or another jurisdiction within the last four years and has not participated in a 
refresher course within the last year must submit:
<nl>(1) an application for temporary permit limited to completion of a refresher 
course, extensive orientation to the practice of professional nursing, or 
academic course; and
<nl>(2) the required fee.
<nl>(d) Upon completion of the refresher course, extensive orientation to the 
practice of professional nursing, or academic course which meets the board's 
requirements, the nurse shall then comply with sec.217.8(b) of this section 
(relating to Reactivation from Inactive Status).
Issued in Austin, Texas, on October 9, 1991.
TRD-9112563
Louise Waddill, Ph.D., R.N.
Executive Director
Board of Nurse Examiners
Effective date: October 10, 1991
Expiration date: February 7, 1992
For further information, please call: (512) 835-8650
       
Chapter 223. Fees
22 TAC sec.223.1
The Board of Nurse Examiners adopts on an emergency basis an amendment to 
sec.223.1, concerning fees. The emergency adoption of the amendment is a direct 
result of the legislation passed during the 72nd Legislative Session whereby the 
renewal fee was set at $30 and the passage of Article 4519a authorized issuance 
of declaratory orders of eligibility for licensure with a fee not to exceed $25.
The amendment is adopted on an emergency basis under Texas Civil Statutes, 
Article 4514, sec.1, which provide the board with the authority to make and 
enforce all rules and regulations necessary for the performance of its duties 
and conducting of proceedings before it, to establish standards of professional 
conduct for all persons licensed under the provisions of this law in keeping 
with its purpose and objectives.
sec.233.1. Fees. The Board of Nurse Examiners has established reasonable and 
necessary fees for the administration of its functions in the following amounts:
(1)-(5) (No change.)
(6)<nl> licensure<ol> [reregistration] (each biennium)-<nl>$30<ol> [$22];
(7)-(14) (No change.)
<nl>(15) declaratory order of eligibility-$25.
Issued in Austin, Texas, on October 8, 1991.
TRD-9112566
Louise Waddill, Ph.D. R.N.
Executive Director
Board of Nurse Examiners
Effective date: October 10, 1991
Expiration date: February 7, 1992
For further information, please call: (512) 463-8650
       
Part XIV. Texas Optometry Board
Chapter 273. General Rules
22 TAC sec.273.4
The Texas Optometry Board adopts on an emergency basis an amendment to 
sec.273.4, concerning fees assessed to licensees. House Bill 1, 72nd 
Legislature, First Called Session (Appropriations Act), contains the 
appropriation pattern for the agency. Rider Number 4 of the agency's 
appropriation pattern requires that the annual license fee be increased by an 
amount sufficient to cover the cost of the appropriation. The board has 
determined that an increase of $15 would be required for individual annual 
license renewal. Since the renewal process begins during the last week of 
October, the need for the emergency rule amendment is required. In addition, 
with the passage of Senate Bill 774, 72nd Legislature, optometrists may become 
therapeutically certified and must make application through the board. A fee is 
required both for application and certificate issue; the listing of the fees in 
this rule section is necessary to begin collection immediately.
The rule amendment is also being submitted simultaneously through the regular 
process for rule adoption.
The amendment is adopted on an emergency basis under Texas Civil Statutes, 
Article 4552, sec.2.14, which provide the Texas Optometry Board with the 
authority to promulgate procedural and substantive rules.
sec.273.4. Fees (No Refundable).
(a)-(d) (No change.)
(e) License renewal-<nl>$25<ol> [$110];
(f)-(g) (No change.)
<nl>(h) Therapeutic certification application-$55;
<nl>(i) Therapeutic certificate -$25.
Issued in Austin, Texas, on October 11, 1991.
TRD-9112651
Lois Ewald
Executive Director
Texas Optometry Board
Effective date: October 11, 1991
Expiration date: February 8, 1992
For further information, please call: (512) 835-1938
       
Part XX. Texas Board of Private Investigators and Private Security Agencies
Chapter 460. Application Processing and Refunds
22 TAC sec.460.1
The Texas Board of Private Investigators and Private Security Agencies repeals 
on an emergency basis sec.460.1, concerning processing of applications for a 
license concerning the time limitation of the board in issuing a license after 
application and the procedures to be followed by applicants for receiving a 
refund of the filing fee.
The board has determined that the repeal of this section as soon as possible is 
in the public interest and is necessary to comply with the Administrative 
Procedures Act, Texas Civil Statutes, Article 6252-13b.1, sec.3, agency rules, 
which sets forth specific guidelines for the processing of applications.
The section is repealed under Texas Civil Statutes, Article 4413 (29bb), sec.11, 
which provides the Texas Board of Private Investigators and Private Security 
Agencies with the authority to promulgate all rules and regulations necessary in 
carrying out the provisions of this Act.
sec.460.1. Processing of Applications for a License.
Issued in Austin, Texas, on October 7, 1991.
TRD-9112367
Clema D. Sanders
Executive Director
Texas Board of Private Investigators and Private Security Agencies
Effective date: October 8, 1991
Expiration date: February 5, 1992
For further information, please call: (512) 463-5545
       
The Texas Board of Private Investigators and Private Security Agencies adopts on 
an emergency basis sec.460.1, concerning acceptance for filing; defective 
applications. This section sets forth guidelines for the acceptance of, 
processing of, and time limitations on applications.
The Board has determined that adoption of this section as soon as possible is in 
the public interest and is necessary to comply with the Administrative 
Procedures Act, Texas Civil Statutes, Article 6252-13b.1, sec.3, agency rules, 
which sets forth specific guidelines for the processing of applications.
The new section is adopted under Texas Civil Statutes, Article 4413 (29bb), 
sec.11, which provides the Texas Board of Private Investigators and Private 
Security Agencies with the authority to promulgate all rules and regulations 
necessary in carrying out the provisions of this Act.
sec.460.1. Acceptance for Filing; Defective Applications.
(a) Applications submitted for filing are dated upon receipt. If found to be 
complete the application will be accepted for filing. The director will within 
45 days submit written notice informing each applicant either that the 
application submitted is complete and accepted for filing or that it is 
deficient. Applications failing to comply with the requirements of these 
regulations will not generally be accepted for filing. In the case of minor 
defects as to completeness, the director may accept the application for filing 
with the request to the applicant for additional information. A defective 
application will be returned to the applicant following its receipt with a 
statement of the reason for not accepting the application for filing. A 
defective application may be corrected and resubmitted for filing at any time. 
For timely filed renewal applications, no notice will be issued for filing, 
since the existing license or other authorization remains in effect until the 
director has made a final determination of the application. The director shall 
determine whether to deny or issue a license or other authorization within 60 
days after a complete application has been filed.
(b) An applicant may appeal for a timely resolution of any dispute arising from 
a violation of a period set forth by filing a written request addressed to the 
director requesting review of the application to determine whether the 
established 60-day period was exceeded for issuance or denial of a license or 
other authorization listed therein. The director shall dismiss as untimely any 
such appeal filed more than 30 days after the department has notified the 
applicant that an application has been approved or denied.
(c) The responsibility for the application lies with the applicant and the fact 
that these forms for any reason are not received does not relieve the applicant 
from making timely application and paying his fee.
(d) Accepting an application for filing has no bearing on whether the 
application will be granted.
Issued in Austin, Texas, on October 7, 1991.
TRD-9112368
Clema D. Sanders
Executive Director
Texas Board of Private Investigators and Private Security Agencies
Effective date: October 8, 1991
Expiration date: February 5, 1992
For further information, please call: (512) 463-5545
       
TITLE 34. PUBLIC FINANCE
Part I. Comptroller of Public Accounts
Chapter 3. Tax Administration
Subchapter O. State Sales and Use Tax
34 TAC sec.3.310
The Comptroller of Public Accounts adopts on an emergency basis an amendment to 
sec.3.310, concerning laundry, cleaning, an garment services. The emergency 
amendment is necessary because the change in the Tax Code, Chapter 151, becomes 
effective October 1, 1991. The 72nd Legislature, 1991, First Called Session, 
repealed the sales and use tax exemption for wrapping and packaging supplies 
used by persons providing laundry, and garment cleaning services. On or after 
October 1, 1991, persons providing laundry and dry cleaning services must pay 
tax on wrapping and packaging supplies transferred to the customer with the item 
cleaned.
The amendment is adopted or an emergency basis 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.3.310. Laundry, Cleaning, and Garment Services.
(a)-(c) (No change.)
(d)<nl> With the exception of wrapping and packaging supplies, sales<ol> [Sales] 
tax is not due on items that are transferred to the customers as an integral 
part of the laundry, cleaning, and garment personal services. <nl>For 
example,<ol> [Examples include clothes hangers, plastic bags, or paper used to 
wrap cleaned garments,] buttons[,] and thread used in mending or tailoring. 
Examples of items transferred in residential carpet, drapery, or upholstery 
cleaning include: carpet protectors, fire retardants, antistatic applications, 
flea killers, and rust inhibitors. See sec.3.285 of this title (relating to 
Resale Certificate; Sales for Resale). <nl>Sales tax is due on the purchase of 
wrapping and packaging supplies used to provide taxable services.
(e) -(i) (No change.)
Issued in Austin, Texas, on October 8, 1991.
TRD-9112358
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: October 8, 1991
Expiration date: February 5, 1992
For further information, please call: (512) 463-4028
       
Subchapter S. Interstate Motor Carrier Sales and Use Tax
34 TAC sec.3.444
The Comptroller of Public Accounts adopts on an emergency basis an amendment to 
sec.3.444, concerning computation of the proportioned tax. The emergency 
amendment reflects the changes to the Tax Code, Chapter 157, made by the 72nd 
Legislature, 1991, First Called Session. The tax rate used in the computation 
was increased.
The amendment is adopted on an emergency basis 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.3.444. Computation of the Proportioned Tax-Interstate Motor Vehicles.
(a) (No change.)
(b) Computation of the proportioned tax.
(1) (No change.)
(2) Multiply [the percentage calculated in paragraph (1) of this subsection by 
6.0% of] the purchase price of each interstate motor vehicle purchased in Texas 
or first brought into Texas during the reporting period <nl>by the current tax 
rate, and that result by the percentage calculated in paragraph (1) of this 
subsection<ol>. A vehicle first brought into Texas includes those entering Texas 
for the first time ever, and those entering Texas for the first time:
(A)-(B) (No change.)
(c) Credit for tax paid to another state. If the motor carrier has previously 
paid any legally imposed sales or use tax to another state upon a motor vehicle 
subject to tax under subsection (b) of this section a deduction or credit may be 
taken in accordance with the Tax Code, sec.157.102(a)(3). In computing the 
proportioned credit allowed, credit may not be taken for sales or use tax 
previously paid to Texas or another state in excess of <nl>the current tax rate 
multiplied by<ol> [6.0% of] the purchase price of any vehicle.
Issued in Austin, Texas, on October 8, 1991.
TRD-9112355
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: October 8, 1991
Expiration date: February 5, 1992
For further information, please call: (512) 463-4028
       
Subchapter EE. Board and Motor Sales and Use Tax
34 TAC sec.3.741
The Comptroller of Public Accounts adopts on an emergency basis new sec.3. 741, 
concerning the imposition of the boat and boat motor sales and use tax. The new 
emergency adoption is necessary so that persons in the business of selling boats 
and boat motors will be aware of the new tax, the tax rate, and the manner in 
which the tax is collected effective October 1, 1991.
Chapter 160, Tax Code, was passed by the 72nd Legislature, 1991. The tax is 
assessed on certain boats and motors formerly taxed under the Tax Code, Chapter 
151.
The new section is adopted on an emergency basis 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.3.741. Imposition and Collection of Tax; Definitions.
(a)  Definitions. The following words and terms, when used in this section, 
shall have the following meanings, unless the context clearly indicates 
otherwise.
(1) Dealer-A person or entity engaged in the business of buying, selling, or 
exchanging boats or boat motors at an established or permanent place of business 
in this state. At each such place of business a sign must be conspicuously 
displayed showing the name of the dealership so that it may be located by the 
public, and sufficient space must be maintained for an office, service area, and 
display of boats and boat motors.
(2)  Department-The Texas Parks and Wildlife Department.
(3)  Manufacturer-A person or entity engaged in the business of manufacturing 
new and unused boats and motors for the purpose of sale or trade.
(4)  Retail sale-Any sale of a boat or boat motor other than a sale in which the 
dealer or manufacturer acquires the boat or boat motor for the exclusive purpose 
of resale. Dealers and manufacturers, as defined, are the only persons or 
entities that may acquire a boat or boat motor for resale.
(5) Tax assessor-collector-Any of the county tax assessors- collectors in the 
State of Texas.
(6) Taxable boat-Any watercraft, other than a seaplane on water, not more than 
65 feet in length, manufactured or used primarily for noncommercial purposes. 
This includes motorboats, sailboats, jet skis, and boats designed to accommodate 
an outboard motor. Excluded from this definition are canoes, kayaks, rowboats, 
inflatable rafts, or other watercraft designed to be propelled by paddle, oar, 
or pole. These watercraft excluded will continue to be taxed under limited 
sales, excise and use tax, unless some other exemption applies.
(7) Taxable motor-Any self-contained internal combustion propulsion system of 
any horsepower, excluding fuel supply, used to propel a watercraft, that is 
detachable from the boat and used primarily for noncommercial purposes. Electric 
boat motors are excluded.
(8) Total consideration-The amount paid or to be paid for a taxable boat or boat 
motor, including all accessories attached at the time of or before the sale. 
This amount includes the costs of transportation before the sale and any 
manufacturer's or importer's excise tax imposed by the United States government. 
This amount does not include any separately stated finance charges, service 
charges, or other interest charges. Also excluded from total consideration will 
be the value of a taxable boat or boat motor taken by the seller as all or part 
of the consideration for the sale of the boat or boat motor. No other tangible, 
intangible, or real property will be excluded from total consideration. Also 
excluded from total consideration are charges for transportation of the boat or 
boat motor after the sale.
(9) Use-Any storage or other exercise of rights of ownership in this state by 
any person or entity, excluding the storage, display, or holding of a boat or 
boat motor exclusively for sale by a dealer or manufacturer, as defined in this 
subsection.
(b) Imposition of the tax.
(1) A tax is imposed on each retail sale of a taxable boat or boat motor in this 
state. The tax is the obligation of and shall be paid by the purchaser of the 
taxable boat or boat motor.
(2) The tax rate is 6.25% of total consideration paid or to be paid.
(c) Collection of the tax. The tax may be collected and remitted by either of 
the following methods.
(1) After the completion of the seller, donor, or trader's affidavit for the 
sale of a boat or a motor, if the seller collects the tax from the purchaser, 
the seller must remit the tax to either a county tax-assessor collector or to 
the department within 20 working days from the date the taxable boat or motor is 
delivered to the purchaser.
(2) After the completion of the seller, donor, or trader's affidavit for the 
sale of a boat or a motor, the seller may give the original affidavit to the 
purchaser. The purchaser is then required to remit the tax to either a county 
tax assessor-collector or to the department within 20 working days from the date 
the taxable boat or motor is delivered to the purchaser.
Issued in Austin, Texas, on October 8, 1991.
TRD-9112356
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: October 8, 1991
Expiration date: February 5, 1992
For further information, please call: (512) 463-4028
       
Subchapter FF. Water Commission Gross Receipts Assessment
34 TAC sec.3.761
The Comptroller of Public Accounts adopts on an emergency basis new sec.3. 761, 
concerning final reports due under the Water Code, sec.13.453. Senate Bill 2, 
72nd Legislature, 1991, repealed the requirement that the 0.001667% assessment 
be reported to the Comptroller of Public Accounts. The repeal was effective 
September 1, 1991.
This new emergency section requires all filers to file a final report on or 
before October 15, 1991.
This new section is adopted on an emergency basis 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.3.761. Due Date for Assessment.
(a) Annual filers shall file a final report with the comptroller and pay the 
assessment imposed by the Water Code, sec.13.451, for the months of July and 
August 1991. The due date for this report and payment is October 15, 1991.
(b) Quarterly filers shall file a final report with the comptroller and pay the 
assessment imposed by the Water Code, sec.13.451, for the months of July and 
August 1991. The due date for this report and payment is October 15, 1991.
Issued in Austin, Texas, on October 11, 1991.
TRD-9112674
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: October 14, 1991
Expiration date: February 11, 1992
For further information, please call: (512) 463-4028
       
TITLE 37. PUBLIC SAFETY AND CORRECTIONS
Part III. Texas Youth Commission
Chapter 91. Discipline and Control
Disciplinary Practices
37 TAC sec.91.11
The Texas Youth Commission (TYC) adopts on an emergency basis an amendment to 
sec.91.11, concerning disciplinary transfer/assigned minimum length of stay 
consequence. The emergency amendment will allow the Commission to move a youth 
to a program of more restriction when he or she has previously been classified 
for a high risk offense. The emergency adoption is necessary in order for the 
commission to add one criteria for disciplinary movement to existing criteria 
following a Level II hearing.
The amendment is adopted on an emergency basis under the Human Resources Code, 
sec.61.075, which provides TYC with the authority to permit the liberty or 
confinement of a youth in TYC custody.
sec.91.11. Disciplinary Transfer/Assigned Minimum Length of Stay Consequence.
(a) (No change.)
(b) (No change.)
(1) Rules.
(2) Criteria. A youth may be transferred or assigned a minimum length of stay if 
it is found at a Level II hearing that the youth has committed:
(A)-(B) (No change.)
<nl>(C) any major rule violation and has previously been classified for a high 
risk offense;
<nl>(D)<ol>[(C)] any major rule violation causing substantial bodily injury;
<nl>(E)<ol>[(D)] the sum of two or more major rule violations within 30 days at 
the most recent permanent placement and any subsequent temporary placement; or
<nl>(F)<ol>[(E)] the sum of three or more major rule violations at the most 
recent permanent placement and any subsequent temporary placement.
(3)-(4) (No change.)
Issued in Austin, Texas, on October 7, 1991.
TRD-9112499
Ron Jackson
Executive Director
Texas Youth Commission
Effective date: October 9, 1991
Expiration date: February 6, 1992
For further information, please call: (512) 483-5244
       
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part III. Texas Commission on Alcohol and Drug Abuse
Chapter 150. Licensure of Chemical Dependency Counselors
Counselor Licensure Rules
40 TAC sec.sec.150.1-150.18, 150.20, 150.22
The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis new 
sec.sec.150.1-150.18, 150.20, and 150.22, concerning counselor licensure 
procedures in order to meet legislative deadline requiring chemical dependency 
counselors providing services be licensed by January 1, 1992. The new rules 
establish procedures regarding licensure requirements, application process and 
fees, transition period, disciplinary action and ethical standards for chemical 
dependency counselors. The emergency adoption will insure chemical dependency 
counselors in the state meet certain ethical standards and educational and 
experiential requirements to ensure quality services to clients.
The new sections are adopted on an emergency basis under Texas Civil Statutes, 
Article 4512o, which provide the Texas Commission on Alcohol and Drug Abuse with 
the authority to establish a procedure by which the commission is to license 
chemical dependency counselors.
sec.150.1. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise.
 Applicant-A person who applies for a license under this chapter.
 Approved providers -Those individuals, partnerships, corporations, 
associations, organizations, organized health care systems, education 
institutions, governmental agencies, or private practitioners who have been 
approved and issued an Education Provider Certificate by the commission.
 Chemical dependency counseling-Assisting an individual or group to develop an 
understanding of chemical dependency problems, define goals, and plan action 
reflecting the individual's or group's interest, abilities, and needs as 
affected by claimed or indicated chemical dependency problems.
 Chemical dependency counselor-A person who renders, for compensation, chemical 
dependency counseling or chemical dependency counseling-related services to an 
individual, group, organization, corporation, institution, or the general 
public, who implies that the person is licensed, trained, or experienced in 
chemical dependency counseling, and who holds a license issued under this 
chapter to engage in the practice of chemical dependency counseling.
 Commission-The Texas Commission on Alcohol and Drug Abuse.
 Continuing education -The variety of forms of learning experiences, including, 
but not limited to, lectures, conferences, academic studies, in-service 
education, institutes, seminars, and workshops undertaken by chemical dependency 
counselors for license renewal.
 Continuing Education Hour-At least 50 minutes of participation in an organized, 
systematic learning experience which deals with and is designed for the 
acquisition of knowledge, skills, and information.
 Counselor intern -A student, intern, or trainee pursuing a course of study in 
chemical dependency counseling (or a closely related field) at a regionally 
accredited institution of higher education or training institution approved by 
the commission, who:
(A) performs chemical dependency counseling activities and services as a part of 
his or her supervised course of study;
(B) has completed 270 classroom hours of approved curricula, including no less 
than 135 classroom hours of chemical dependency specific education, and 135 
classroom hours of chemical dependency related education;
(C) has been designated a counselor intern by the regionally accredited 
institution of higher education or training institution at which he or she is 
enrolled;
(D)  does not act as a "counselor intern" for more than three years;
(E)  has made application to the commission and been approved for counselor 
intern status, and has paid the counselor intern fee.
 Person-An individual, firm, partnership, corporation, association, or other 
business or professional entity.
 Practice of chemical dependency counseling-Providing or offering to provide, 
for compensation, chemical dependency counseling services involving the 
application of the principles, methods, and procedures of the chemical 
dependency counseling profession.
 State-Includes any state, territory, or insular possession of the United States 
and the District of Columbia.
<p <ol>Twelve core functions are:
(A) screening. The process by which a client is determined appropriate and 
eligible for admission to a particular program;
(B) intake. The administrative and initial assessment procedures for admission 
to a program;
(C) orientation. Describing to the client:
(i) general nature and goals of the program;
(ii)  rules governing client conduct and infractions that can lead to 
disciplinary action or discharge from the program;
(iii) in a non-residential program, the hours during which services are 
available;
(iv) treatment costs, if any, to be borne by the client; and
(v) client's rights.
(D) assessment. Those procedures by which a counselor/program identifies and 
evaluates an individual's strengths, weaknesses, problems and needs for the 
development of the treatment plan;
(E) treatment planning. Process by which the counselor and the client:
(i) identify and rank problems needing resolution;
(ii)  establish agreed upon immediate and long-term goals; and
(iii)  decide on a treatment process and the resources to be utilized;
(F)  counseling (individual, group, and significant others). The utilization of 
special skills to assist individuals, families or groups in achieving objectives 
through:
(i) exploration of a problem and its ramifications;
(ii) examination of attitudes and feelings;
(iii)  consideration of alternative solutions; and
(iv) decision making.
(G) case management. Activities which bring services, agencies, resources or 
people together within a planned framework or action toward the achievement of 
established goals. It may involve liaison activities and collateral contracts;
(H) crisis intervention. Those services which respond to an alcohol and/or drug 
abuser's needs during acute emotional and/or physical distress;
(I) client education. Provision of information to individuals and groups 
concerning alcohol and other drug abuse and the available services and 
resources;
(J) referral. Identifying the needs of the client that cannot be met by the 
counselor or agency and assisting the client to utilize the support systems and 
community resources available;
(K)  report and record keeping. Charting the results of the assessment and 
treatment plan, writing reports, progress notes, discharge summaries and other 
client-related data;
(L) consultation. Relating with one's own and other professionals to assure 
comprehensive, quality care of the client.
sec.150.2. License Required.
(a) A person may not engage in the practice of chemical dependency counseling in 
this state unless the person is licensed as a chemical dependency counselor 
under this chapter.
(b) A person may not use any name, title, or designation indicating that the 
person is licensed under this chapter, unless that person holds a current, valid 
license obtained from the commission pursuant to the requirements of this 
chapter and Texas Civil Statutes, Article 4512o.
(c) This section does not apply to those persons listed in sec.150.3(b)(4) of 
this chapter (relating to Exemptions).
sec.150.3. Exemptions.
(a) A person is exempt from this chapter if the person:
(1) does not engage in the practice of chemical dependency counseling in this 
state;
(2) does not represent to the public, directly or indirectly, that the person is 
engaged in the practice of chemical dependency counseling in this state, or 
licensed under this chapter; and
(3) does not use any name, title, or designation indicating that the person is 
licensed under this chapter.
(b) This chapter does not apply to the activities and services of:
(1) a person employed as a counselor by a federal institution, if the person is 
performing chemical dependency counseling within the scope of the person's 
employment;
(2)  a student, intern, or trainee pursuing a course of study in chemical 
dependency counseling (or a closely related field) at a regionally accredited 
institution of higher education or training institution approved by the 
commission if those activities and services constitute a part of the supervised 
course of study;
(3) a person who is not a resident of this state if:
(A) the person does not engage in the practice of chemical dependency counseling 
in this state for more than 30 days during any 12-month period; and
(B) the person is authorized to perform chemical dependency counseling 
activities and services under the laws of the state of the person's residence;
(4) a licensed physician or psychologist; licensed professional counselor; 
certified social worker; religious leader of a congregation providing pastoral 
chemical dependency counseling within the scope of his or her duties; or school 
counselor certified by the Central Education Agency.
(c) A person otherwise exempt under this section who elects to obtain a license 
under this chapter is subject to this chapter to the same extent as any other 
license holder.
sec.150.4. Discrimination Prohibited. <ol> The consideration of a license 
application, the conduct of an examination, the establishment and enforcement of 
a rule, a disciplinary proceeding, and any other action and decision performed 
under this chapter shall be done without regard to the sex, race, religion, 
national origin, color, or political affiliation of the person affected.
sec.150.5. Commission Powers and Duties.
(a) The commission shall:
(1) adopt and enforce rules as necessary for the performance of its duties under 
Texas Civil Statutes, Article 4512o, and this chapter;
(2)  establish standards of conduct and ethics for persons licensed under this 
chapter; and
(3) ensure strict compliance with and enforcement of Texas Civil Statutes, 
Article 4512o, and this chapter.
(b) The commission may institute an action in district court to enjoin a 
violation of this chapter, Texas Civil Statutes, Article 4512o, or of a rule of 
the commission adopted pursuant thereto. For the commission to sustain the 
action, it is not necessary to allege or prove the lack of an adequate remedy at 
law or that substantial or irreparable damage would result from the continued 
violation. Either party to the action may appeal to the appellate court having 
jurisdiction of the cause. The commission is not required to give an appeal bond 
in all such causes of action. The Attorney General shall represent the 
commission in all actions and proceedings in district court to enforce this 
chapter, Texas Civil Statutes, Article 4512o, or of a rule promulgated thereto.
sec.150.6. Consumer Information.
(a) The commission shall prepare information of consumer interest describing the 
regulatory functions of the commission and the procedures by which consumer 
complaints are filed with and resolved by the commission. The commission shall 
make the information available to the general public and appropriate state 
agencies.
(b)  Each person licensed under this chapter shall display prominently at all 
times in the person's place of business a sign containing the name, mailing 
address, and telephone number of the commission and a statement informing a 
consumer that a complaint against a person licensed under this chapter may be 
directed to the commission.
sec.150.7. Advertising.
(a) The commission shall not adopt a rule restricting competitive bidding or 
advertising by a person regulated by the commission under this chapter, except 
to prohibit a false, misleading, or deceptive practice.
(b) The commission shall not include in rules adopted under this chapter a rule 
that:
(1) restricts the persons use of any medium for advertising;
(2) restricts the person's personal appearance or use of the persons voice in an 
advertisement;
(3)  relates to the size or duration of an advertisement by the person; or
(4) restricts the person's advertisement under a trade name.
sec.150.8. Official Roster.
(a) The commission shall prepare and publish a roster showing the names and 
addresses, as reflected by the commission's records, of all licensed chemical 
dependency counselors. A copy of the roster shall be mailed to each person 
licensed by the commission and shall be filed with the secretary of state.
(b) A persons name and address shall not appear in the roster unless all fees 
assessed against the person under this chapter are current and paid in full at 
the time the roster is sent to the printer or publisher.
(c) A person who holds a license issued under this chapter shall be required to 
provide written notification to the commission of a change in address within 
(14) days of any such change.
sec.150.9. Fees.
(a) The commission shall assess application, examination, license renewal, and 
other fees in amounts sufficient to cover the costs of administering this 
chapter.
(b) The schedule of fees shall be as follows:
(1) application fee-$25;
(2) licensure examination fee-$150;
(3) licensure fee-$40;
(4) license renewal fee-$40;
(5) late renewal fee:
(A) when renewed after expiration date but on or within 90 days of expiration-
$75;
(B) when renewed more than 90 days but within two years of the expiration date-
$150;
(6) license certificate duplication or replacement fee -$10.
(7) counselor intern application fee-$25.
(c) Fees paid to the commission by applicants are not refundable.
(d)  Remittances submitted to the commission in payment of fees may be in the 
form of cashier's check, or money order.
(e) The commission may charge a fee for the roster published under sec.150.8, of 
this chapter (relating to Official Roster).
sec.150.10. Licensure: Application; License Requirements; Issuance of License.
(a) Application. An application for a license under this chapter must:
(1) be on a form prescribed and furnished by the commission and shall include:
(A) specific information regarding personal data (name, address, telephone 
number, etc.), employment and type of practice, other licenses and 
certifications held, criminal convictions, educational background including 
practicum experience, supervised experience, and references;
(B) a statement that the applicant has read the Statute (Texas Civil Statutes, 
Article 4512o), and commission rules (Title 40, Texas Administrative Code, 
Chapter 150) and agrees to abide by them;
(C) the applicant's permission to the commission to seek any information or 
references it deems necessary to determine the applicant's qualifications;
(D) a statement that the applicant, if issued a license, shall return the 
license to the commission upon the revocation or suspension of the license;
(E) a statement that the applicant understands that fees submitted in the 
licensure process are nonrefundable;
(F) the applicant's signature, application date, and notarization; and
(G) a recent full-face wallet size photograph of the applicant with the imprint 
of the notary seal on the edge;
(2) contain a statement made under oath that states that the applicant's 
education, experience, and other qualifications meet the requirements 
established by the commission to obtain a license under this chapter.
(b)  Requirements for licensure. To be eligible for a license under this 
chapter, a person must:
(1) be a resident of the State of Texas;
(2) be at least 18 years of age;
(3) have a high school diploma or its equivalent;
(4) have completed 270 classroom hours of approved curricula, calculated as 
follows:
(A) the applicant must have satisfactorily completed a minimum of 135 classroom 
hours of chemical dependency specific education;
(B) a maximum of 135 classroom hours of related education may be utilized for 
this requirement;
(5) have 4,000 hours of approved supervised experience working with chemically 
dependent persons;
(6) have completed 300 hours of approved supervised field work practicum;
(7) have two letters of reference from licensed chemical dependency counselors;
(8) submit a case presentation to the commission;
(9)  pass an oral examination approved by the commission;
(10) be determined by the commission to be worthy of the public trust and 
confidence;
(11) pass the chemical dependency counselor examination under sec.150.11, of 
this chapter (relating to Examination); and
(12) sign a written agreement to abide by the standards of ethics approved by 
the commission and contained in sec.150.22, of this chapter (relating to Ethical 
Standards).
(c) Additional information. The commission may require additional information 
regarding the quality, scope, and nature of the experience and competence of the 
applicant if the commission determines that a person's application lacks 
sufficient information for consideration by the commission.
(d) Exemptions.
(1) Applicants holding a baccalaureate degree in chemical dependency counseling 
shall be exempted from the requirements of subsection (b)(4) and (6) of this 
section. On presentation of verifying documentation by the applicant, the 
commission may waive any portion of subsection (b)(5) of this section it deems 
has been met as evidenced by such documentation.
(2) Applicants holding a baccalaureate degree in psychology, sociology, or any 
other related program approved by the commission shall be exempted from the 
requirements of subsection (b)(4) and (6) of this section. In addition, upon 
presentation of verifying documentation by the applicant, the commission may 
waive any portion of subsection (b)(5) of this section it deems has been met as 
evidenced by such documentation.
(e)  Disabled applicants. The commission recognizes that disabled applicants may 
encounter unusual problems in applying for licensure and will make an effort to 
accommodate these applicants. The commission, on a case-by-case basis, will 
consider requests for special arrangements for disabled applicants provided that 
such requests are reasonable and do not violate the law or the rules of the 
commission.
(f) Issuance of licenses. Upon successful completion of all requirements to 
obtain a license under this chapter, the commission will issue a license to the 
applicant as follows.
(1) The commission will send each applicant whose application has been approved 
and who has passed the examination, a licensure form to complete and return with 
the licensure fee.
(2)  Upon receiving an applicant's completed licensure form and licensure fee, 
the commission will issue the applicant a license containing a license number.
(3) The commission will replace a lost, damaged, or destroyed license 
certificate upon written request from a licensed chemical dependency counselor 
and payment of the license certificate replacement fee. Requests for replacement 
must contain a notarized statement by the licensed chemical dependency 
counselor, setting forth in detail all facts relating to the loss or destruction 
of the counselor's original license, or must be accompanied by the damaged 
license certificate.
sec.150.11. Examination.
(a) At least twice each year, the commission shall prepare and administer or 
contract with an organization approved by the National Certification Reciprocity 
Consortium/Alcoholism and Other Drug Abuse (NCRC/AODA) for the preparation and 
administration of an examination to determine the qualifications of an applicant 
for a license under this chapter. The examination shall be conducted as 
determined by the commission and in a manner that is fair and impartial to and 
considers each school or system of chemical dependency counseling. An applicant 
shall be known to the examiners only by number until after the examination has 
been graded and the licenses have been granted or denied. The scope and content 
of the examination shall be sufficient to ensure professional competence in 
keeping with the highest standards of the chemical dependency counseling 
profession.
(b)  An applicant who fails the examination may take a subsequent examination 
upon application for reexamination and payment of the required examination fee. 
However, an applicant shall not be reexamined on more than three occasions 
during a period of three years from the date the applicant failed such 
examination.
(c) If requested by a person who fails the examination, the commission shall 
furnish an analysis of the person's performance on the examination.
(d) The commission shall notify each examinee of the results of the examination 
not later than the 30th day after the date on which the examination is 
administered.
sec.150.12. Use of Title.
(a) Unless a person is licensed under this chapter or is specifically exempted 
from the application of this chapter, the person may not use:
(1) the term "chemical dependency counselor" or any combination, variation, or 
abbreviation of that term as a professional, business, or commercial 
identification, title, name, or representation; or
(2) any letter, abbreviation, work symbol, slogan, sign, or any combination or 
variation that would be likely to create the impression that a person is 
qualified or authorized to practice chemical dependency counseling or is a 
licensed chemical dependency counselor.
(b) A person may not hold himself or herself out to the public as being engaged 
in the practice of chemical dependency counseling, offer chemical dependency 
counseling, offer chemical dependency counseling services under an assumed 
trade, business, professional, partnership, or corporate name or title, or use 
the term "licensed chemical dependency counselor" or "LCDC" or any combination 
or variation of those terms and abbreviations, alone or in combination with 
other term, unless the person actually is engaged in the practice of chemical 
dependency counseling and is licensed in accordance with this chapter.
sec.150.13. License Expiration; Renewal. A license issued under this chapter 
shall be valid for two years from the date of issuance. The expiration date 
shall be set forth on the license certificate. The biennial renewal fee is 
payable on renewal of the license before or on the expiration date.
(1) Requirements for license renewal. In order to renew a license issued 
pursuant to this chapter, a person must:
(A) make application to the commission for renewal of the license;
(B) pay the application renewal fee;
(C) complete at least 60 hours of continuing education approved by the 
commission including course work in each of the following areas: ethics, HIV 
education, cultural awareness and sensitivity, and the Twelve Core Functions in 
each two-year period in which the person holds a license; and
(D) demonstrate to the commission that the applicant continues to meet the 
requirements set forth in sec.150.10(b)(1) and (10) of this chapter (relating to 
Licensure: Application; License Requirements, Issuance of License).
(2) License renewal after date of expiration. Licenses issued pursuant to this 
chapter shall expire two years after the date of issuance. Should any person 
fail to renew a license issued under this chapter on or before two years from 
the date of issuance the following rules shall apply:
(A) within 30 days from the date of expiration of the license, the commission 
shall notify the person in writing of the date of the license expiration, the 
amount of the renewal fee, and any continuing education provisions required to 
renew the license by sending a notice to the person at the address on file with 
the commission;
(B) after 30 days, but within the first 90 days from the date of expiration of a 
license issued pursuant to this chapter, a person may renew the license by 
complying with the requirements set forth in subsection (a) of this section, and 
by paying to the commission a late renewal fee which shall be equal to one-half 
of the current examination fee for a license;
(C) after 90 days, but within two years from the date of expiration of a license 
issued pursuant to this chapter, a person may renew the license by complying 
with the requirements set forth in subsection (a) of this section, and by paying 
to the commission a late renewal fee which shall be equal to the current 
examination fee for the license.
(3) Renewal not allowed. After two years from the date of expiration of a 
license issued pursuant to this chapter, renewal of the expired license shall 
not be allowed. In order to obtain a license a person must comply with all of 
the requirements and procedures for obtaining an original license under this 
chapter.
sec.150.14. Reciprocity.  Upon application and payment of the current licensure 
fee under this chapter, the commission may:
(1) issue a license to a person who is then currently certified or licensed by 
another state as a chemical dependency counselor (or its equivalent) if the 
commission determines that the certification or licensing requirements of the 
state of origin are substantially equivalent to the requirements of this 
chapter; or
(2) waive any or all of the other licensing requirements under this chapter and 
issue a license to an applicant who holds a current valid chemical dependency 
counselor certificate or license (or its equivalent) issued by another state 
with which the commission has a chemical dependency counselor reciprocity 
agreement.
sec.150.15. Continuing Education. <ol> Until such time as the commission 
prepares or approves the preparation and administration of continuing education 
programs for licensed chemical dependency counselors, approval by the Texas 
Association of Alcoholism and Drug Abuse Counselors (TAADAC) as an approved 
provider, will be recognized by the commission as meeting the requirements for 
approved continuing education courses under this chapter.
sec.150.16. Disciplinary Action; Grounds. The commission may refuse to issue or 
renew a license, place on probation a license holder whose license has been 
suspended, reprimand a license holder, or revoke or suspend a license issued 
under this chapter for:
(1) violating or assisting another to violate this chapter, Texas Civil 
Statutes, Article 4512o or a rule of the commission adopted pursuant thereto;
(2) circumventing or attempting to circumvent this chapter, Texas Civil 
Statutes, Article 4512o or a rule of the commission adopted pursuant thereto;
(3) participating, directly or indirectly, in a plan the purpose of which is the 
evasion of this chapter, Texas Civil Statutes, Article 4512o or a rule of the 
commission adopted pursuant thereto;
(4) engaging in false, misleading, or deceptive conduct as defined by Business 
and Commerce Code, sec.17.46;
(5)  engaging in conduct that discredits or tends to discredit the profession of 
chemical dependency counseling;
(6) revealing or causing to be revealed, directly or indirectly, a confidential 
communication made to the licensed chemical dependency counselor by a client or 
recipient of services, except as required by law;
(7) having a license to practice chemical dependency counseling in another 
jurisdiction refused, suspended, or revoked for a reason that the commission 
finds would constitute a violation of this chapter, Texas Civil Statutes, 
Article 4512o or a rule of the commission adopted pursuant thereto; or
(8) refusing to perform an act or service for which the person is licensed to 
perform under this chapter on the basis of the client's or recipient's age, sex, 
race, religion, national origin, color, or political affiliation.
sec.150.17. Disciplinary Action; Procedure.
(a) Complaints. A person may file a complaint alleging a violation of this 
chapter, Texas Civil Statutes, Article 4512o, or a rule of the commission 
adopted pursuant thereto, by filing a charge with the commission in writing and 
under oath. After investigation, if the commission determines that disciplinary 
action is warranted it shall follow the procedures set forth in subsections (b)-
(g) of this section. The commission shall keep an information file on each 
complaint or charge filed. The commission shall inform each party quarterly in 
writing as to the status of the complaint during the consideration of a charge 
filed under this section until the charge is finally resolved.
(b) Notice of intent to take disciplinary action. Whenever the commission 
proposes to take disciplinary action against a person, including refusal to 
issue a license, refusal to renew a license, suspension or revocation of a 
license, or issuance of a formal reprimand, the person shall be given written 
notification by the issuance of a notice of intent to take disciplinary action, 
which shall be mailed to the person at the address on file at the commission.
(c) Show cause hearing before executive director. Any person who has been issued 
a notice of intent to take disciplinary action, under subsection (b) of this 
section, shall be entitled to submit within 30 days of mailing of such notice, a 
request for hearing before the executive director and shall be given the 
opportunity to show cause why such disciplinary action should not be taken by 
the commission. At the show cause hearing the person shall have the right to 
introduce evidence, to call witnesses, and to cross-examine witnesses who 
testify in support of the commission's proposed disciplinary action. The 
commission shall be entitled to submit evidence through affidavits and 
documentation, or through the testimony of witnesses. The rules of evidence 
shall not apply. The executive director shall decide whether or not the show 
cause hearing shall be recorded.
(d)  Notice of denial, refusal, suspension, or revocation of a license; notice 
of formal reprimand. After a show cause hearing under subsection (b) of this 
section, or after 30 days from the mailing of the notice of intent to take 
disciplinary action, if a show cause hearing was not requested the person shall 
be given written notification of the decision of the executive director as to 
the proposed disciplinary action. If the executive director decides to uphold 
the proposed disciplinary action, a notice of denial, refusal, suspension or 
revocation of a license or notice of formal reprimand shall be issued to the 
affected person, who shall also be provided wit written notification of the 
grounds upon which such action was taken, and the procedure for seeking an 
appeal.
(e) Contested cases; administrative review. A person who has been issued a 
notice of denial, refusal, suspension or revocation of a license or a notice of 
formal reprimand shall have the right to contest such disciplinary action by the 
commission pursuant to the procedures set forth for administrative review of 
contested cases in the Administrative Procedure and Texas Register Act (Texas 
Civil Statutes, Article 6252-13a), provided however, within 30 days from the 
mailing of the notice of denial, refusal, suspension or revocation of a license, 
the person shall be required to give notice to the commission of the person's 
intent to contest such disciplinary action.
(f)  Final action. Unless contested pursuant to the procedures set forth in 
subsection (e) of this section or as otherwise required by law, the commission's 
disciplinary action shall become final 31 days after mailing of the notice of 
denial, refusal, suspension or revocation of a license or notice of formal 
reprimand, and shall not thereafter be subject to appeal or review.
(g)  Probation of a license which has seen suspended or revoked. When a license 
has been suspended or revoked by the commission, the commission may order that 
the revocation or suspension be probated as long as the license holder complies 
with the terms of probation established by the commission. The commission shall 
determine the length of the probationary period at the time the probation is 
ordered. At any time while the license holder is on probation, the commission 
may hold a hearing and on majority vote rescind the probation and enforce the 
commission's original action in revoking or suspending the license.
sec.150.18. Civil Penalty Enforcement.
(a) A person who violates this chapter, Texas Civil Statutes, Article 4512o, or 
a rule of the commission adopted pursuant thereto, is subject to a civil penalty 
of not less than $50 nor more than $500 for each day of violation.
(b) If it appears that a person has violated, is violating, or is threatening to 
violate this chapter, Texas Civil Statutes, Article 4512o or a rule of the 
commission adopted pursuant thereto, the commission may bring a civil action in 
a district court for injunctive relief to restrain the continued violation or 
threat of violation for the assessment and recovery of a civil penalty, as the 
court may consider proper, or for both injunctive relief and a civil penalty. On 
application for injunctive relief and a finding that a person is violating or 
threatening to violate this chapter, Texas Civil Statutes, Article 4512o or a 
rule of the commission adopted pursuant thereto, the district court may grant 
injunctive relief as the facts warrant.
(c) At the request of the commission, the attorney general shall bring an action 
in the name of this state for injunctive relief or to recover a civil penalty or 
for both injunctive relief and a civil penalty, as authorized in Texas Civil 
Statutes, Article 4512o, sec.18[(b)].
sec.150.20. Transition.
(a) A person shall not be required to obtain a license under this Act until 
January 1, 1992.
(b) On or before January 1, 1992, but before August 31, 1993, the commission 
may, upon application to the commission and payment of the application and 
licensure fee, issue a license to a person who has not taken the chemical 
dependency counselor examination required by sec.10 of this chapter, provided 
that:
(1) on or before January 1, 1992, the person: meets the requirements of 
sec.150.10(a), and (b)(1), (2), (3), (10) and (12) of this chapter; and
(2) on or before October 1, 1991, the person:
(A) is certified as an alcohol and drug abuse counselor by the Texas Association 
of Alcohol and Drug Abuse Counselors; or
(B) holds a baccalaureate degree or higher in chemical dependency counseling or 
in sociology, psychology, criminology, or other related fields, including, 
without limitation, social work, criminal justice, public health and nursing, 
conferred by an educational program approved by the commission and has 
successfully completed two years of actual and active chemical dependency 
counseling experience approved by the commission.
sec.150.22. Ethical Standards.
(a) Discrimination not allowed. The licensed chemical dependency counselor shall 
not discriminate against any client or other person on the basis of race, 
religion, age, sex, handicap, national origin, sexual orientation, or economic 
condition.
(b)  Responsibility. The licensed chemical dependency counselor shall maintain 
objectivity, integrity, and the highest standards in the provision of services 
to the client.
(c) Competence. The licensed chemical dependency counselor shall:
(1) endeavor to prevent the practice of chemical dependency counseling by 
unqualified or unauthorized persons;
(2)  report violations of Texas Civil Statutes, Article 4512o, or rules adopted 
thereto, including, without limitation, violations of this section, to the 
commission;
(3) be required to recognize the limitations of his or her ability and shall not 
offer services or utilize techniques which exceed that counselor's professional 
competence;
(4) not engage in the practice of chemical dependency counseling if impaired by, 
intoxicated by, or under the influence of chemicals, including, alcohol;
(5) support peer assistance programs.
(d) Legal standards and professional conduct. The licensed chemical dependency 
counselor shall uphold the law and refrain from unprofessional conduct. In so 
doing, the licensed chemical dependency counselor shall:
(1)  not make any claim, directly, or by implication, that the counselor 
possesses professional qualifications or affiliations that the counselor does 
not possess;
(2) not mislead or deceive the public, or any person, in any way;
(3) not promote, develop, market, profit from, or associate himself or herself 
with any commercial product, unless the counselor has determined that such 
commercial product does not tend to mislead the public, is factually accurate, 
and is consistent with the ethical standards of the profession as set forth in 
this section;
(4) not commit any crime of moral turpitude, or any act which might tend to 
discredit the profession.
(e) Public statements. The licensed chemical dependency counselor shall:
(1) report information fairly and accurately to clients, other professionals, 
and the general public, and shall not make inappropriate, unprofessional, or 
inaccurate representations;
(2)  acknowledge the work of others, and shall document materials and techniques 
used in the performance of the counselor's professional services;
(3)  be required to advise all persons the counselor instructs or provides 
training to, in the skills, or techniques of chemical dependency counseling, of 
the requisite training or qualifications required to properly perform such 
skills or techniques.
(f) Publication credit or acknowledgment. The licensed chemical dependency 
counselor shall give credit to, or expressly acknowledge all persons or works 
which have contributed to or directly influenced any publication of the 
counselor.
(g) Client welfare. The licensed chemical dependency counselor shall respect a 
client's dignity, and shall not engage in any action injurious to the welfare of 
any client or person to whom the counselor is providing services. The licensed 
chemical dependency counselor shall:
(1) remain loyal and professionally responsible to the client at all times, and 
shall inform the client of the counselor's loyalties and responsibilities;
(2) not engage in any activity which could be considered a professional 
conflict, and shall be required to immediately remove himself or herself from 
such conflict should one arise;
(3) terminate any professional relationship or counseling service which is not 
beneficial, or is in any way detrimental to the client;
(4) always act in the best interest of the client;
(5) never require a client to divulge confidential information obtained from 
another professional, without obtaining the express, and informed consent of the 
professional and the client, which informed consent shall contain the purposes 
for which such information shall be used;
(6) not engage in the practice of chemical dependency counseling in settings or 
locations which are inappropriate, harmful to the client or others, or would 
tend to discredit the profession of chemical dependency counseling.
(h) Confidentiality. The licensed chemical dependency counselor shall protect 
the privacy of all clients and, unless required by law, without express written 
consent, shall not disclose confidential information, however acquired. The 
licensed chemical dependency counselor shall remain cognizant of and obey all 
state and federal laws and regulations relating to confidentiality of chemical 
dependency treatment records, and shall:
(1)  inform the client, and obtain the client's consent, before recording the 
client, allowing another person to observe or monitor the client, or using 
client records for any purpose other than the provision of chemical dependency 
treatment of that client;
(2) ensure the maintenance of confidentiality with respect to client records;
(3) not discuss or dilvulge information obtained in clinical or consulting 
relationships except in appropriate settings, for professional purposes which 
clearly relate to the case;
(4) make every effort to avoid invasion of the privacy of the client;
(5) not reveal client identifying information, except as is required by law, 
without the express, written consent of the client.
(i) Client relationships. The licensed chemical dependency counselor shall 
inform the client about all relevant and important aspects of the professional 
relationship between the client and the counselor, and shall:
(1) in the case of clients who are not their own consentors inform the client's 
parent(s) or legal guardian(s) of circumstances which might influence the 
professional relationship;
(2) not enter into a professional relationship with members of the counselor's 
family, close friends or associates, or others whose welfare might be 
jeopardized in any way by such relationship;
(3) not engage in any type or form of sexual activity with a client.
(j) Relationships with other professionals. The licensed chemical dependency 
counselor shall treat other professionals with respect, courtesy, and fairness, 
and shall:
(1) not offer to provide, or provide professional services to a client who is 
undergoing chemical dependency treatment by another professional except with the 
knowledge of the other professional, and consent by the client, unless and until 
termination of chemical dependency treatment by the other professional;
(2) cooperate with professional peer review groups or programs, professional 
ethics committees or associations, and shall promptly supply all requested or 
relevant information unless prohibited by law.
(k)  Remuneration. The licensed chemical dependency counselor shall, in advance 
of treatment, establish financial arrangements with the client, which shall be 
in accordance with professional standards in the relevant community, including, 
without limitation, informing the client of the counselor's fee schedule for all 
treatment services to be provided to the client, and shall:
(1) not charge exorbitant or unreasonable fees for any treatment service;
(2)  not pay or receive any commission, consideration, or benefit of any kind 
related to the referral of a client for treatment;
(3) not engage in fee splitting with other professionals, without the written 
consent of the client;
(4) not use the client relationship for the purpose of personal gain, or profit, 
except for the normal, usual charge for treatment provided;
(5) not provide treatment to a client, or accept a professional fee or any gift 
or gratuity from a client if the client is entitled to chemical dependency 
treatment free of charge, or at minimal cost to the client, through an agency or 
other institution, unless the client consents in writing.
(l)  Professional obligations. The licensed chemical dependency counselor shall 
support changes in public policy and legislation which advocate the provision of 
chemical dependency treatment for individuals impaired by chemical dependency of 
any kind, and shall inform the public through active participation in community 
affairs of the effects of chemical dependency, and shall:
(1) make every effort to provide access to treatment, including advising clients 
about resources and services, taking into account the financial constraints of 
the client; and
(2) in all activities of the profession, act to promote the welfare of all human 
beings.
Issued in Austin, Texas, on October 8, 1991.
TRD-9112387
Bob Dickson
Executive Director
Texas Commission on Alcohol and Drug Abuse
Effective date: October 8, 1991
Expiration date: February 5, 1991
For further information, please call: (512) 867-8720