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 4. AGRICULTURE
Part I. Texas Department of Agriculture
Chapter 19. Seed Division
4 TAC sec.sec.19.1-19.3, 19.11, 19.12
The Texas Department of Agriculture (the department) proposes amendments to 
sec.sec. 19.1, 19.2, 19.3, and 19.12 and new sec.19.11, concerning regulations 
to administer the Texas Seed Law, Texas Agriculture Code, Chapter 61.
The amendment to sec.19.1 clarifies the definition of "brand" as used in Chapter 
19 to prevent the use of the term in the labeling for a variety name. The 
amendment to sec.19.2 eliminates the variable percentage of hybrid seed labeling 
to promote the marketing of a higher quality of hybrid seed.
The amendment to sec.19.3 adds castor and annual bluegrass seed to the existing 
list of noxious weed seeds. The addition of castor will enable noxious weed 
control districts to establish guidelines for keeping this weed out of highly 
productive food grade corn areas. The addition of annual bluegrass will keep 
Texas from serving as the dumping ground for inferior quality turfgrass seed. 
Other amendments are made to this section to make the list consistent with 
recognized taxonomy weed seed name changes and to correct misspelled names.
The amendment to sec.19.12 updates the rules for testing seed, establishes 
criteria for labeling of seed, and updates the name and address of the 
department's seed program office.
Old sec.19.11 has been proposed for repeal by the department, and is replaced by 
new sec.19.11, concerning special provisions for labeling of vegetable seed. New 
sec.19.11 clarifies labeling regulations now used for vegetable seed sold from 
bulk containers in order to allow for a more practical enforcement of the 
vegetable seed labeling provisions.
John Metcalf, coordinator for seed law, 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. Metcalf also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be to provide for a higher quality of seed being sold in 
Texas; to provide more information for consumers purchasing seed; and to allow 
for more practical enforcement of seed labeling provisions. There will be no 
effect on small or large businesses. There is no anticipated economic cost to 
persons who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to John Metcalf, Coordinator for Seed 
Law, P.O. Box 629, Giddings, Texas 78942. Comments must be received no later 
than 30 days from the date of the publication of this proposal in the Texas 
Register.
The amendments and new section are proposed under the Texas Agriculture Code, 
sec.61.002, which authorizes the department to adopt rules for the efficient 
enforcement of the Texas Seed Law, Texas Agriculture Code, Chapter 61.
sec.19.1. Definitions.  In addition to the definitions in the Texas Agriculture 
Code, Chapter 61, sec.61.001 (1981), the following words and terms, when used in 
this chapter, shall have the following meanings, unless the context clearly 
indicates otherwise.
<nl>   Brand-A word, name, symbol, number, or design used to identify seed of 
one person to distinguish it from seed of another person as an indication of 
source, and not to indicate the genetic identity of the seed.
sec.19.2. Labeling of Hybrid Seed.
<nl>(a) If any one kind or kind and variety of seed present in excess of 5.0% is 
hybrid seed, it shall be designated hybrid on the label. The percentage that is 
hybrid shall be at least 95% of the percentage of pure seed shown unless the 
percentage of pure seed which is hybrid seed is shown separately. If two or more 
kinds or varieties are present in excess of 5.0% and are named on the label, 
each that is hybrid shall be designated as hybrid on the label. Any one kind or 
kind and variety that has pure seed which is less than 95% but more than 
<nl>90%<ol> [75%] hybrid seed as a result of incompletely controlled pollination 
in a cross shall be labeled to show <nl>the percentage of pure seed that is 
hybrid seed. No kind or variety of seed shall be labeled as hybrid if the pure 
seed contains less than 90% hybrid seed.<ol> <nl>[:]
<nl>(b) hybrid wheat and hybrid millet shall be labeled the same as all other 
hybrids except that if any one kind or kind and variety that has pure seed which 
is less than 95% but more than 75% hybrid seed as a result of incompletely 
controlled pollination in a cross shall be labeled to show:
(1) the percentage of pure seed that is hybrid seed; or
(2) a statement such as "contains from 75% to 95% hybrid seed." No one kind or 
variety of seed shall be labeled as hybrid if the pure seed contains less than 
75% hybrid seed.
sec.19.3. Noxious Weed Seeds. It shall be unlawful to sell, offer for sale, or 
expose for sale any agricultural or vegetable seed for planting purposes within 
this state containing noxious weed seed in excess of the following limitations 
per pound.
(1) Prohibited noxious weed seeds are:
[graphic]
(2) Restricted noxious weed seeds and limitations per pound are:
[graphic]
<nl>Seeds are considered noxious weed seed when present in lawn and turf seed 
such as perennial ryegrass, turf type tall fescue, chewings fescue, rough 
bluegrass, turf type annual ryegrass and/or mixture containing these grasses.
(3)-(4) (No change.)
<nl>(5) If castor occurs in excess of 5.0% of the whole by weight, its presence 
therein must be indicated as an agricultural seed on the label of such seed 
pursuant to the provisions of the Act, 61.004(a)(1)(3) (concerning labeling of 
agricultural seed).
<nl>(6)<ol>[(5)] Restricted noxious weed seeds in any combination in excess of 
500 per pound are prohibited from sale, provided, however, that the rate per 
pound of Bermudagrass, giant Bermudagrass, Johnsongrass, <nl>morningglory, and 
castor<ol> [and morning glory] are exempt from the total count.
sec.19.11. Special Provisions For Labeling of Vegetable Seed.
(a)  If vegetable seed is sold or offered for sale from jars, cans, bins, or 
other bulk containers to which the purchaser has access before buying, the 
seller shall attach to the container a label bearing all required information 
including the name and address of the seller.
(b) Containers of seed prepackaged by the seller must be labeled in accordance 
with requirements applying to the specific kind(s) of seed in said prepackaged 
container.
(c)  In such cases it shall be permissible under the law for the seller to adopt 
and use the analysis furnished by the original seller, however responsibility 
for any alleged deficiencies in quality of seed made subsequent to such a sale, 
shall be with the seller at the time such allegations are made.
(d) The requirement for a vegetable seed license will be waived for the seller 
if the original container bears labeling information adequately reflecting this 
requirement being met.
(e) The germination test period for seed sold from an opened hermetically-sealed 
container cannot exceed nine months from date the container was opened. The date 
on which the container was opened must be designated on the container.
sec.19.12. Seed Testing Procedures and Tolerances.  The Texas Department of 
Agriculture hereby adopts by reference Rules for Testing Seeds<ol> of the 
Association of Official Seed Analysts, <nl>Volume 12, Number 3 (1988)<ol> 
[Volume 6, Number 2 (1981] and as subsequently amended as the procedures, 
methods, and tolerances for seed testing conducted under authority of the Act 
and this title, except that in the enforcement of this Act no tolerance will be 
allowed for balloonvine, serrated tussock, and itchgrass, a tolerance of one 
will be allowed for cocklebur, and the tolerance allowed for pure live seed will 
be the same as for germination. <nl>A laboratory test used for labeling purposes 
must be made by one of the Texas Department of Agriculture seed laboratories or 
the Official State Seed Laboratory of another state or a Registered Seed 
Technologist/Society of Commercial Seed Technologist member laboratory. <ol> 
Information relative to obtaining copies of the material adopted by reference 
may be obtained by writing the Texas Department of Agriculture, Seed <nl>Quality 
<ol> [Division], <nl>P.O. Box 629, Giddings, Texas 78942<ol> [P.O. Box 12847, 
Austin, Texas 78711]. A copy is also available for public inspection at the 
Texas Department of Agriculture, Seed <nl>Quality <ol> [Division], <nl>W.H. 
(Bill) Pieratt Building, Giddings. <ol> [Stephen F. Austin Building, 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 14, 1991.
TRD-9112679
Dolores Alvarado Hibbs
Chief Administrative Law Judge
Texas Department of Agriculture
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-7583
       
4 TAC sec.19.4
The Texas Department of Agriculture (the department) proposes an amendment to 
sec.19.4, concerning service testing fees for agricultural seed, vegetable seed, 
and flower seed. The amendment is proposed in order to make the section 
consistent with mandatory fee increases made by the 72nd Legislature, 1991, and 
to bring the amount of fees closer to the actual cost to the department for 
providing testing services. The proposed amendments increases service testing 
fees for agricultural seed, vegetable seed, and flower seed, and adds new 
categories for flower and grasses and wildflower mixed seeds and for winter test 
readings. The fees for purity test and germination test, complete test, grasses 
purity test and germination, and grasses complete test were increased in 1987 
and 1989 in accordance with the General Appropriations Act, Senate Bill 1, 70th 
Legislature, 1987, First Called Special Session, House Bill 1, 71st Legislature, 
1991, and Texas Civil Statutes, Article 5429 (now Government Code, sec.sec.316. 
041-316.045). Current costs for those testing fees, set in 1989, are not 
reflected in the existing sec.19.4.
John Metcalf, coordinator for seed law, 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 is in effect will be 
an estimated increase in revenue in the amount of $64,300 per year. There will 
be no effect on local government.
The cost of compliance with the section above the current cost for small 
businesses will be an additional $1.50 for a purity test and germination test 
only and for a purity and germination test on seed containing high inert matter; 
an additional $2.50 for a purity test and germination test on grasses; an 
additional $3.00 for a standard complete test; an additional $5.00 for a 
complete test on grasses and mixtures and seed containing high inert matter; a 
cost of $25 per test of flower seed; a cost of $50 per test of grasses and 
wildflower mixed; a cost of $25 per test of winter test readings; and an 
additional $1.50 for a vigor test. The cost of compliance will be the same for 
small and large businesses depending upon the number of samples tested and kind 
of test performed.
Mr. Metcalf also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be the bringing of the amount of fees collected closer to actual 
cost to the state for providing testing services. The anticipated economic cost 
to persons who are required to comply with the section as proposed will be 
dependent upon the number of samples tested and kind of test performed.
Comments on the proposal may be submitted to John Metcalf, Coordinator for Seed 
Law, P.O. Box 629, Giddings, Texas 78942. Comments must be received by the 
department no later than 30 days from the date of the publication of this 
proposal in the Texas Register.
The amendments are proposed under the Texas Agriculture Code, sec.61.002, which 
provides the Texas Department of Agriculture with the authority to adopt rules 
necessary for the efficient enforcement of Texas Agriculture Code, Chapter 61; 
sec.61.009, which authorizes the department to fix by rule and collect fees for 
germination and purity testing; the General Appropriations Act, House Bill 1, 
72nd Regular Session, 1991, which has increased fees for seed lab testing for 
the 1991-1992 biennium; and the Government Code, Subchapter E, which provides 
for the adjustment of state fees by the Legislature in the General 
Appropriations Act.
sec.19.4. Service Testing.
(a) The following schedule of tests and charges therefore shall be applicable to 
all service testing of agricultural seed, vegetable seed, and flower seed 
conducted by this department:
(1) standard germination test only[,] <nl>and <ol> purity test only [or noxious 
weed examination only]: <nl>$7.50<ol> [$4.00] each (except grasses<nl>: $12.50 
each; noxious weed examination only: $4.00 each; and<ol>[,] mixtures [,] and 
seed containing high inert matter: <nl>$9.50 <ol> [$8.00] each);
(2) complete test (purity and germination): <nl>$15 <ol> [$7.00] each (except 
grasses<nl>: $25 each; <ol> [,] <nl>and<ol> mixtures [,] and seed containing 
high inert matters: <nl>$17<ol> [$12] each);
(3) vigor test [(cold test method)]: <nl>$9.50 <ol> [$8.00] each;
(4) tetrazolium or phenol test: $11 each;
(5) examination of 10-pound rice seed sample for presence of red rice: $11 each;
(6) moisture test: $6.00 each; [and]
(7) fescue Endophyte test: $25 each<nl>; <ol> [.]
<nl>(8) flower: $25;
<nl>(9) grasses and wildflower mixed: $50; and
<nl>(10) winter test readings: $25.
(b)-(c) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 14, 1991.
TRD-9112678
Dolores Alvarado Hibbs
Chief Administrative Law Judge
Texas Department of Agriculture
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-7583
       
4 TAC sec.19.11
(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 Agriculture or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Texas Department of Agriculture (the department) proposes the repeal of 
sec.19.11, concerning the notification of cottonseed shipments into Texas. The 
department proposes the repeal of  s19.11 because there is no longer a need for 
the department to monitor shipment of cottonseed into Texas.
John Metcalf, coordinator, seed law, 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. Metcalf 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 more efficient use of seed program resources. 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 John Metcalf, Coordinator, Seed 
Law, P.O. Box 629, Giddings, Texas 78942.
The repeal is proposed under the Texas Agriculture Code,  s61.002 which provides 
the Texas Department of Agriculture with the authority to adopt rules necessary 
for the efficient enforcement of the Texas Seed Law, Chapter 61, Texas 
Agriculture Code.
sec.19.11. Notification of Cottonseed Shipments Into Texas.
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 14, 1991.
TRD-9112677
Dolores Alvarado Hibbs
Chief Administrative Law Judge
Texas Department of Agriculture
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-7583
       
Chapter 29. Texas Agricultural Diversification Program: Grant and Loan Program
4 TAC sec.sec.29.1-29.13
The Texas Department of Agriculture proposes new sec. s29.1-29.13, concerning 
rules for the administration of the Texas Agricultural Diversification Program 
(TADP) matching grants program. The new sections provide a statement of purpose 
of the program, definitions, categories, criteria for all grants, schedule of 
awards and formats for the pre-proposal and full proposal. On November 3, 1987, 
Texas voters approved Constitutional Amendment 4. This provided the Texas 
Department of Agriculture with constitutional authority to implement House Bill 
49. House Bill 49 created the Texas Agricultural Diversification Act Program and 
the Texas Agricultural Finance Authority. The Texas Agricultural Diversification 
Act Program consists of the linked deposit loan program, three matching grant 
programs and the rural microenterprise loan program. It is the general objective 
of the grant programs to support projects which will stimulate increased 
economic activity within the Texas food and agriculture industry and to 
demonstrate the technical feasibility and commercial viability of alternative 
crop production, processing of agricultural products and direct marketing 
enterprises.
Richard Salmon, coordinator for the Texas Agricultural Diversification Act 
Program, 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 these sections.
Mr. Salmon 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 dissemination of information to prospective applicants 
on the process for application and awarding of grant monies under the Texas 
Agricultural Diversification Program. 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 proposed new sections may be submitted to Dolores Alvarado 
Hibbs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. 
Comments must be received no later than 30 days from the date of the publication 
of the proposed amendment in the Texas Register.
The new sections are proposed under the Texas Agriculture Code, Chapter 44, 
which authorizes the Commissioner of Agriculture, with the assistance and 
approval of the TADP board of directors, to create and implement agricultural 
diversification programs authorized under Chapter 44, including recommending 
additional criteria for the awarding of grants and loans authorized under 
Chapter 44.
sec.29.1. Purpose.  The matching grants program is designed to help diversify 
the Texas agricultural industry by providing grants to assist in the transfer of 
newly developed agricultural crops and technologies to the marketplace:
(1) by supporting the commercial use of agriculture research and innovation;
(2) by increasing the capabilities of community and regional organizations to 
train and assist new or expanding agriculture-based businesses; and
(3) by starting small business incubators.
sec.29.2. 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 Agricultural Diversification Act, Texas Agriculture Code, Chapter 
44.
 Board-The Board of Directors of the Texas Agricultural Diversification Program.
 Business day-A day on which the department is open for business. The term shall 
not include Saturday, Sunday or a holiday officially observed by the state. The 
department's normal business hours are 8 a.m. to 5 p. m. each business day.
 Department-The Texas Department of Agriculture.
 Nonprofit organization -A not for profit local, community, or regional 
organization that can demonstrate their nonprofit status by providing one of the 
following:
(A) a copy of the IRS ruling, indicating tax-exempt status;
(B) a copy of the Texas Secretary of State charter indicating non-profit status; 
or
(C) documentation of its status as an educational entity recognized by the State 
of Texas.
 Small Business Incubator-A nonprofit development agency that provides 
concentrated business assistance services to new small agriculture enterprises.
 Sponsor-A nonprofit organization located in the State of Texas.
sec.29.3. Advisory Board.
(a) The Agricultural Diversification Board is established for the agricultural 
diversification program. The board is comprised of the commissioner of 
agriculture, the director of the Institute for International Agribusiness 
Studies at Prairie View A&M University, and four members appointed by the 
governor with the advice and consent of the senate. The governor shall appoint 
the chairman of the board.
(b) The speaker of the house of representatives shall appoint one state 
representative as an ex officio nonvoting member of the board. The commissioner 
shall provide annual reports to the ex officio members accounting for the 
receipt and use of all gifts and grants of money from the federal government, 
any local government, or any private corporation or other person for the 
agricultural diversification program.
(c) Members of the board serve terms of two years expiring January 1 of each 
odd-numbered year.
(d) The board members are entitled to actual and necessary expenses incurred in 
carrying out their official duties.
(e) The board shall assist the commissioner in the creation and implementation 
of the agricultural diversification program, including recommending additional 
criteria for the awarding of grants.
(f) If a vacancy occurs on the board, the governor shall appoint another 
individual to complete the term.
sec.29.4. Criteria for all Grants. In evaluating applications for grants under 
this chapter, the commissioner and the board shall consider:
(1) the scientific and technical merit of the application;
(2)  the anticipated benefits arising from a grant to the applicant, including 
both potential job creation and commercial benefits of the agricultural 
industry;
(3) the market value of the assets of the applicant;
(4) the qualifications of the applicant;
(5) the reasonableness of the applicant's proposed budget;
(6) the extent and level of other funding sources for the applicant;
(7) the funding commitments needed for continued development; and,
(8) the present involvement and support of local organizations, including 
educational organizations.
sec.29.5. Money for Grants. The commissioner may accept gifts and grants of 
money from the federal government, local governments, or private corporations or 
other persons for use in making grants under the agricultural diversification 
program. The legislature may appropriate money for grants under the program.
sec.29.6. Research and Innovation Grant.
(a) Purpose. The purpose of this grant shall be to support research and 
innovation leading to organizational or marketing improvements in business based 
on agriculture or to the commercialization of new crops, new agricultural 
products, or new productions processes.
(b) Eligibility. A recipient of a grant under this section must be a nonprofit 
organization, such as a university, community college, or other institution 
affiliated with a small business in a project meeting the requirements of 
subsection (a) of this section.
(c) Match. A recipient of a grant under this section must match the amount of 
state grant with an equal amount of other money (cash), with at least one-half 
of the matching money (cash) coming from the private sector.
(d) Award process. The commissioner shall review and evaluate each grant 
application submitted under this section and award the grants with the consent 
of a majority of the board.
(e) Amount. A grant under this section may not exceed $30,000.
sec.29.7. Business Assistance Grant.
(a) Purpose. The purpose of this grant is to increase the capabilities of 
community and regional organizations to provide training and assistance to new 
and expanding businesses based on agriculture.
(b) Eligibility. A recipient of a grant under this section must be nonprofit 
community or regional organization, such as a community college or council of 
government.
(c) Match. A recipient of a grant under this section must match the amount of 
the state grant with an equal amount of other money (cash).
(d) Award Process. The commissioner shall review and evaluate each grant 
application submitted under this section and award the grants with the consent 
of a majority of the board.
(e)  Amount. A grant under this section may not exceed $30,000.
sec.29.8. Small Business Incubator Grant.
(a) Purpose. The purpose of this grant is to provide seed money for self-
financing small business incubators. These incubators shall provide business 
services to small enterprises that process or market agricultural crops in the 
state or that produce alternative agricultural crops in this state.
(b) Eligibility. A recipient of a grant under this section must be a local 
nonprofit organization, such as a community college or council of government.
(c) Match. A recipient of a grant under this section must match the amount of 
state grant with assets valued at $3.00 for every $1.00 of the state grant. The 
state grant must be used primarily for professional services. The local matching 
share may be in the form of land, building, business assistance, and dedicated 
loan pools as well as cash contributions.
(d) Award process. The commissioner shall evaluate each grant application under 
this section and award the grants with the consent of a majority of the board.
(e) Amount. A grant under this section may not exceed $100,000.
sec.29.9. Schedule of Grant Awards.
(a) Technical review of the pre-proposals and full proposals is made by the 
department and evaluations are made by the board.
(b) The cycle(s) of yearly grant awards is determined by the department and will 
vary somewhat from year to year.
(c)  An example of a typical grant award schedule is detailed in paragraphs (1) 
-(6) of this subsection.
(1) Step 1:
(A) posting of the solicitation in the Texas Register;
(B) mail-out of pre-proposal to nonprofits, universities, community colleges and 
others on the program's database;
(2) Step 2:
(A) deadline for submission of pre-proposals to the department;
(B) technical review by the department;
(C) distribution of pre-proposals to the board for evaluation;
(3) Step 3:
(A) completed evaluations from the board are due back to the department;
(B) tabulation of results and ranking of candidates;
(C) invitation to submit full proposals are mailed to top candidates;
(4) Step 4:
(A) deadline for submission of full proposals to the department;
(B) technical review by the department;
(C)  distribution of full proposals to the board for evaluation;
(5)  Step 5:
(A) completed evaluations from the board are due back to the department;
(B) tabulation of results and ranking of candidates;
(6) Step 6:
(A) meeting of board and awarding of grants;
(B) notification of awards are mailed to grantees.
sec.29.10. Format for Pre-Proposal.
(a) The pre-proposal is a shorter version of the full proposal and is primarily 
used to eliminate projects that do not meet the minimum requirements of the 
program and grant category under which they are applying.
(b) Any pre-proposal that is incomplete or received after the due date will be 
rejected by the department in technical review.
(c) The pre-proposal must contain the following:
(1) a TDA title page consisting of three sections:
(A) a general information section;
(B) a project budget; and
(C) a breakdown of matching funds;
(2) a summary of the project of no more than three single-spaced pages 
including:
(A) a statement of the project purpose;
(B)  the program objectives it will address;
(C) the economic impact to the Texas agricultural industry;
(D) the list of project objectives; and
(E) the plan for the dissemination of information;
(3) a resume on the principal investigator.
sec. 29.11. Format for Full Proposal.
(a) The full proposal is more detailed and contains background, supporting 
letters, and documentation on the matching funds. Any full proposal that is 
incomplete or received after the due date will be rejected by the department in 
technical review.
(b) The full proposal must contain the following:
(1) a TDA title page consisting of three sections;
(A)  a general information section;
(B) a project budget; and
(C)  a breakdown of matching funds;
(2) a summary of the project of no more than eight single-spaced pages which:
(A) clearly state the purpose of the project;
(B) identifies the TADP objective(s) the project will address;
(C) describe the economic potential to the Texas agricultural industry;
(D) list the project objectives; and
(E)  describe the plan for the dissemination of information;
(3) proof of nonprofit status in either of the following ways:
(A) by providing a copy of IRS ruling indicating tax-exempt status;
(B) by providing a copy of sponsor's charter from the Texas Secretary of State, 
indicating nonprofit status; or
(C) if a university, community college, etc., by providing a written statement 
explaining the sponsor's educational status as recognized by the state and 
signed by the principal investigator;
(4) a work plan for the project listing the anticipated accomplishments and 
their timetables;
(5) resumes of principal investigator and key personnel involved on the project;
(6) documentation of matching funds for cash and in-kind match must be as 
follows:
(A) for research and innovation grants:
(i)  letters of commitment for the cash match as well as any additional in-kind 
match must be provided;
(ii) match must be in the form of cash and the minimum ratio of matching funds 
to grant requested is one to one;
(iii) at least one-half of the matching funds must come from the private sector;
(B) for business assistance grants:
(i)  letters of commitment for the cash match as well as any additional in-kind 
match must be provided;
(ii) match must be in the form of cash;
(iii) the minimum ratio of matching funds to grant requested is one to one;
(C) for small business incubator grants:
(i)  provided letters of commitment for the in-kind match as well as any cash 
match must be provided;
(ii) match may be in the form of land, buildings, business assistance, and 
dedicated loan pools as well as cash contributions;
(iii) the minimum ratio of matching funds to grant request must be three to one; 
and
(7) letters of support from local, state, and federal organizations.
sec.29.12. Deadlines for Submissions.
(a) Pre-proposals and full proposals must be delivered to the department no 
later than 5 p.m. on the date specified in either the pre-proposal or full 
proposal.
(b)  Facsimile transmissions will not be accepted.
(c) Questions concerning the pre-proposal, full proposal, or requests for copies 
of documents may be directed to the TADA coordinator at the address in 
subsection (d) of this section or by calling (512) 463-7624.
(d) One original and six copies of the pre-proposal and full proposal are 
required and should be mailed to TADA Coordinator, Texas Agricultural 
Diversification Program, Texas Department of Agriculture, P.O. Box 12847, 
Austin, Texas 78711.
sec.29.13. Other Information.
(a) Although applicants may request up to 100,000 for Small Business Incubators, 
the suggested amount to request is $50,000 or less, for the Research and 
Innovation and Business Assistance grants, the suggested amount to request is 
30,000 or less.
(b)  Employees of the Texas Department of Agriculture, members of the Texas 
Agricultural Diversification Program Board, and their immediate families are not 
eligible for the program.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 9, 1991.
TRD-9112604
Dolores Alvarado Hibbs
Chief Administrative Law Judge
Texas Department of Agriculture
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-7583
       
TITLE 16. ECONOMIC REGULATION
Part II. Public Utility Commission of Texas
Chapter 23. Substantive Rules
General Rules
16 TAC sec.23.5
The Public Utility Commission of Texas proposes new sec.23.5, concerning Public 
Utility Commission assessment. The new section would provide a framework for 
adjusting the rates of utilities if the assessment provided for under Texas 
Civil Statutes, Articled 1446c, sec.78 is changed. The new section also provides 
that utilities shall state on consumers' bills the rate of the assessment.
Martin Wilson, deputy general counsel, has determined that for the first five-
year period the section is in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the section.
Mr. Wilson 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 charged rates that reflect the purposes of the assessment under 
Texas Civil Statutes, Article 1446c, sec.78. There will be no effect on small 
businesses other than the possibility of reduced utility rates. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed.
Mr. Wilson also has determined that for each year of the first five years the 
proposed section is in effect there will be no impact on employment in the 
geographical areas affected by implementing the requirements of the section.
Comments on the proposal (13 copies) may be submitted to Mary Ross McDonald, 
Secretary of the Commission, Public Utility Commission of Texas, 7800 Shoal 
Creek Boulevard, Austin, Texas 78757 within 30 days after publication of the 
proposed section. Comments should refer to Project Number 10629.
The new section is proposed under the Public Utility Regulatory Act, sec.16(a), 
which provides the Public Utility Commission of Texas with the authority to make 
and enforce rules reasonably required in the exercise of its powers and 
jurisdiction.
sec.23.5. Public Utility Commission Assessment.
(a) All utilities shall state in a conspicuous manner on the customer's bill the 
rate of assessment being collected by the comptroller of public accounts of the 
State of Texas. The statement shall be amended whenever the comptroller notifies 
the utility that a different rate is being assessed.
(b) Upon notification by the comptroller of a change in the assessment, each 
utility shall file a proceeding under Texas Civil Statutes, Article 1446c, 
sec.43, to adjust rates to account for the adjustment in the assessment unless 
the utility already has a proceeding pending before the commission in which the 
adjustment for the assessment may be addressed.
(c) If the only cost of service adjustment that the utility requests in its 
application is the adjustment to the assessment and if the change in the 
assessment results in a change of less than 2.0% of gross receipts so as to 
constitute a minor rate change under Texas Civil Statutes, Article 1446c, 
sec.43(b), the limitation on the request shall constitute good cause under 
sec.43(b) to allow the rate to go into effect prior to the expiration of 35 
days; however, the rate shall not go into effect prior to the effective date of 
the change in the rate of assessment.
(d) If the only cost of service adjustment that the utility requests in its 
application is the adjustment to the assessment, the limitation on the request 
shall constitute good cause under sec.21.69(d) of this title (relating to 
Applications, Testimony, and Exhibits) for the waiver of the requirement that 
the utility file a rate filing package. In such case, the utility shall file 
testimony and calculations detailing the manner in which the adjustment to rates 
is being calculated to account for the change in the assessment.
(e) If the only cost of service adjustment that the utility requests in its 
application is the adjustment to the assessment and an affected person requests 
a hearing, a hearing shall be held and the case processed on an expedited basis.
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 11, 1991.
TRD-9112641
Mary Ross McDonald
Secretary of the Commission
Public Utility Commission of Texas
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 458-0100
       
Customer Service and Protection
16 TAC sec.23.57
The Public Utility Commission of Texas proposes new section sec.23.57, 
concerning telecommunications privacy issues. The proposed section defines 
terms, requires local exchange carriers to examine potential privacy 
implications in all applications for new services or new features, requires 
customer notification of the transference of automatic number identification to 
800 subscribers, and establishes criteria for releasing customer proprietary 
network information that is compiled by local exchange carriers in their normal 
course of business.
Martin Wilson, deputy general counsel, has determined that for the first five-
year period the section is in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the section.
Mr. Wilson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that customer proprietary network information compiled by and 
available to local exchange carriers will be released under controlled 
circumstances, and that local exchange carriers will be required to identify and 
address privacy concerns before introducing any new service. 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.
Mr. Wilson also has determined that for each year of the first five years the 
proposed section is in effect there will be no impact on employment in the 
geographical areas affected by implementing the requirements for the section.
Comments on the proposal (13 copies) may be submitted to Mary Ross McDonald, 
Secretary of the Commission, 7800 Shoal Creek Boulevard, Austin, Texas 78757, 
within 30 days after publication. Reply comments may be submitted to the same 
address within 60 days after publication. Comments and reply comments should 
refer to Project Number 9547.
The new section is proposed under Texas Civil Statutes, Article 1446c, sec.16, 
which provides the Public Utility Commission of Texas with the authority to make 
and enforce rules reasonably required in the exercise of its powers and 
jurisdiction.
sec.23.57. Telecommunications Privacy.
(a) Privacy considerations. Customers should be permitted to control the outflow 
of information about themselves. Any local exchange carrier proposing to offer a 
new service or a new feature to an existing service that will compromise current 
privacy expectations must offer a means of restoring the lost degree of privacy, 
unless it can show good cause for not doing so.
(b) Definitions. The following words and terms, when used in this section, shall 
have the following meanings, unless the context clearly indicates otherwise.
(1) Automatic number identification (ANI)-The automatic transmission by the 
local switching system of the originating billing telephone number to an 
interexchange carrier or other communications carrier in the normal course of 
telephone operations.
(2) Aggregate CPNI-A configuration of CPNI that has been collected by a local 
exchange carrier and organized such that none of the information will identify 
an individual customer.
(3) Customer proprietary network information (CPNI), customer-specific-Any 
information compiled on a customer by a local exchange carrier in the normal 
course of providing telephone service. This information includes, but is not 
limited to, the customer's name, address, telephone number(s), originating 
billing telephone number transmitted as the ANI, line type(s), technical 
characteristics (e.g., rotary service), class of service, current telephone 
charges, long distance billing record, local service billing record, directory 
assistance charges, usage data, and calling patterns.
(4) Supplemental services-Telecommunications features or services that are not 
required for basic telephone service that are offered by multiple vendors, and 
may be offered by a local exchange carrier.
(5) Optional calling features or plans-Tariffed telecommunications features or 
plans offered by a local exchange carrier that are not required for basic 
telephone service and that are not offered by multiple vendors.
(c) New services or features. Privacy shall be addressed explicitly in each 
application filed by a local exchange carrier under the provisions of sec.23.24 
of this title (relating to Form and Filing of Tariffs), or sec.23.26 of this 
title (relating to New and Experimental Services) for approval of new services 
or new features. Each application shall:
(1) identify all privacy issues relevant to the new service or feature proposed 
in the application;
(2) state how the public can restore any lost degree of privacy that would be 
experienced as a result of the new service or feature proposed in the 
application;
(3) state if there will be any charge to customers of the local exchange carrier 
for restoring any lost degree of privacy experienced as a result of the new 
service or feature proposed in the application, and address how the public 
interest is served by the charge;
(4) state how the local exchange carrier will educate the public as to the 
implications for privacy and the means by which the public can restore any lost 
degree of privacy experienced as a result of the service or feature proposed in 
the application; and
(5) state whether the service will allow for the calling party's telephone 
number to be delivered to the called party or to any third party.
(d) Automatic number identification. The local exchange carriers shall print in 
the white pages of their telephone directories, and send as a billing insert 
annually to all of their customers, the statement: "When an 800 number is dialed 
from your telephone, your telephone number may be transmitted to the company you 
have called and may be available to that company's service representative before 
your call is answered."
(e)  Customer proprietary network information (customer-specific). Unless 
otherwise provided by this section, a local exchange carrier must ensure that 
all customer-specific CPNI that has been authorized for release by the customer 
to a third party is provided under the same terms and conditions and at the same 
price as it is made available to all other businesses affiliated with the local 
exchange carrier and local exchange carrier personnel marketing supplemental 
services.
(1) Before releasing customer-specific CPNI to any third party, including, but 
not limited to, providers of supplemental services, any businesses affiliated 
with the local exchange carrier, and local exchange carrier personnel marketing 
supplemental services, but not including local exchange carrier personnel 
marketing optional calling features or plans, a local exchange carrier must 
obtain written authorization by balloting each residential and business customer 
one time. The ballot shall be reviewed by the staff of the Telephone Utility 
Analysis Division before it is sent to customers. The staff shall notify the 
general counsel of any concerns it may have with the proposed ballot, and the 
general counsel shall notify the local exchange carrier within 10 days of 
submission if the proposed ballot may not be distributed.
(A)  The ballot must describe specifically what information is to be released if 
authorization is granted.
(B) If the authorization is to be requested for categories of information, the 
specific information contained in each category must be listed and the ballot 
must allow the customer to authorize each category of information separately.
(C) The ballot must allow the customer the option of listing only specific third 
parties for the local exchange carrier to release information to.
(D) The ballot may allow the customer the choice of releasing the information to 
any businesses affiliated with the local exchange carrier and to the local 
exchange carrier's supplemental services marketing personnel only.
(E) The ballot may allow the customer the choice of releasing the information to 
any party.
(F) The ballot must state that there will be no charge to the customer for 
restricting or releasing any of the information listed on the ballot.
(2) A local exchange carrier may use customer-specific CPNI to market optional 
calling features of plans to customers at the time the customer is requesting 
new business or residential service. However, at any other time, and before 
releasing customer-specific CPNI to local exchange carrier personnel marketing 
optional calling features or plans to any other customers, the local exchange 
carrier must send each customer a separate mailing, other than a billing 
statement, which states that the customer may choose to limit the amount of mail 
and promotional calls received from local exchange carrier personnel marketing 
optional calling features and plans, and how the customer may inform the local 
exchange carrier of that choice. The mailing shall be reviewed by the staff of 
the Telephone Utility Analysis Division before it is sent to customers. The 
staff shall notify the general counsel of any concerns it may have with the 
proposed mailing, and the general counsel shall notify the local exchange 
carrier within 10 days of submission if the proposed mailing may not be 
distributed.
(3) A local exchange carrier may provide customer-specific CPNI to third parties 
without obtaining prior written authorization from the customer as provided in 
subparagraphs (A)-(E) of this paragraph.
(A) A local exchange carrier may provide ANI to a provider of emergency 
services.
(B) A local exchange carrier may provide ANI to interexchange carriers or to 
other common carrier access customers.
(C) A local exchange carrier may provide ANI if otherwise required by law.
(D) A local exchange carrier must provide names, addresses, and telephone 
numbers of customers, other than those customers that have requested that such 
information be unlisted, to any entity requesting such information for the 
purpose of telephone directory publication. The local exchange carrier must 
offer to provide this information in the same format, and under the same terms 
and conditions as it is provided to the party that publishes the directory for 
the local exchange carrier.
(E) The local exchange carrier must provide names, addresses, and telephone 
numbers of customers, other than those customers that have requested that such 
information be unlisted for the purpose of directory publication, to any entity 
requesting such information.
(f) Aggregate CPNI. If a local exchange carrier compiles and uses aggregate CPNI 
for marketing purposes or provides aggregate CPNI to any business associated 
with the local exchange carrier for marketing purposes, it must also provide 
aggregate CPNI to any third party upon request. A local exchange carrier must 
offer to provide aggregate CPNI under the same terms and conditions and at the 
same price as it is made available to all businesses affiliated with the local 
exchange carrier and to local exchange carrier personnel marketing supplemental 
services.
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 11, 1991.
TRD-9112640
Mary Ross McDonald
Secretary of the Commission
Public Utility Commission of Texas
Earliest possible date of adoption: December 17, 1991
For further information, please call: (512) 458-0100
       
Part IV. Texas Department of Licensing and Regulation
Chapter 60. Texas Commission of Licensing and Regulation
Subchapter B. Organization of the Commission of Licensing and Regulation
16 TAC sec.60.25
The Texas Commission of Licensing and Regulation proposes an amendment to 
sec.60.25, concerning general powers and duties of the commission in waiving 
excused and late fees and penalties after August 1, 1990, for individuals on 
active duty in the United States Armed Forces.
Elvis G. Schulze, general counsel, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Mr. Schulze 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 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 person who are required to comply with the 
section as proposed.
Comments on the proposal may be submitted to Elvis G. Schulze, General Counsel, 
Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 
78711.
The amendment is proposed under Texas Civil Statutes, Article 9100, sec.12, 
which provides the commission with the authority to adopt rules as necessary for 
its own procedures.
sec.60.25. General Powers and Duties of Commission.
(a)-(d) (No change.)
(e) Licenses, registrants, certificate, and permit holders will be notified at 
least 30 days in advance of impending expiration of the licenses, registrations, 
certificates, or permits.  <nl>Failure to renew the license, registration, 
certificate, or permit in a timely manner occurring after August 1, 1990, will 
only be excused and late fees and penalties waived if the individual establishes 
to the satisfaction of the department that the individual failed to renew the 
license in a timely manner because the individual was on active duty in the 
United States Armed Forces.
(f)-(j) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 10, 1991.
TRD-9112601
Larry E. Kosta
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-3127
       
Chapter 64. Employers of Certain Temporary Common Workers
16 TAC sec.sec.64.1, 64.10, 64.20, 64.40, 64.60, 64.61, 64.70, 64. 71, 64.72, 
64.73, 64.80, 64.81, 64.90, 64.91
The Texas Department of Licensing and Regulation proposes new sec.sec.64.1, 64. 
10, 64.20, 64.40, 64.60, 64.61, 64.70, 64.71, 64.72, 64.73, 64.80, 64.81, 64.90, 
and 64.91 concerning the employers of certain temporary common workers, and 
Texas Civil Statutes, Article 5221a-10, and the Texas Department of Licensing 
and Regulation Act, Texas Civil Statutes, Article 9100, gives the Texas 
Department of Licensing and Regulation authority to regulate, administer, and 
license this Act.
Elvis G. Schulze, general counsel, 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 will be in effect 
is an estimated increase in revenue of $14,823 in 1992; $13,387, in 1993-1996. 
There will be no fiscal implications for local government as a result of 
enforcing or administering the sections.
Mr. Schulze, 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 health and welfare of temporary common 
workers. The cost of compliance with the section for small businesses will be 
$300 per year for a license. The anticipated economic cost to persons who are 
required to comply with the sections as proposed will be $300 per year for a 
license.
Comments on the proposal may be submitted to Elvis G. Schulze, General Counsel, 
Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 
(512) 463-3127.
The new sections are proposed under Texas Civil Statutes, Article 5221a-10 and 
Article 9100, which provides Texas Department of Licensing and Regulation with 
the authority to regulate, administer, and license this Act.
sec.64.1. Authority.
(a) The sections in this Chapter are promulgated under the Employer of Certain 
Temporary Common Workers Act (Texas Civil Statutes, Article 5221a-10) and the 
Texas Department of Licensing and Regulation Act (Texas Civil Statutes, Article 
9100).
(b) Regulatory, administrative, and licensing authority under this Act shall be 
conducted by the department and commissioner under Texas Civil Statutes, Article 
9100.
sec.64.10. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise.
 Commissioner-The Commissioner means the commissioner of licensing and 
regulation.
 Common worker-An individual who performs labor involving physical tasks that do 
not require a particular skill, training in a particular occupation, craft, or 
trade, or practical knowledge of the principles or processes of an art, science, 
craft, or trade.
 Conspicuous place -A location on a licensed premises that is in open view to 
the general public.
 Department-The Texas Department of Licensing and Regulation.
 Governmental subdivision -A municipality, county, special district, zone, 
authority, or other entity that is chartered, created, or authorized by the 
state.
 Labor hall-A central location maintained by a license holder where common 
workers assemble and are dispatched to work for a third party user.
 Person-An individual, association, corporation, organization, agency, business 
trust, estate trust, joint venture, partnership, or any other legal entity.
 Registered agent -The individual or entity, designated by the temporary common 
worker employer to which all departmental communications or correspondence will 
be addressed.
 Temporary common worker agent or temporary common worker agency-A temporary 
common worker employer.
 Temporary common worker employer-A person that provides common worker employees 
to a third party user.
 Third party user-A person who uses the services of a common worker provided by 
a temporary common worker employer.
sec.64.20. Licensing Requirements General.
(a) Each person desiring a State of Texas temporary common worker employer 
license or a temporary common worker agency license shall request an application 
from the department.
(b) All applications shall be submitted only on the form approved by the 
commissioner and provided by the department.
(c) The application for a license must:
(1) state the name, address, and telephone number of the applicant, including 
the trade name by which the applicant does business; the names, addresses, and 
telephone numbers of all partners, the extent of their respective interest(s) if 
such interest is 10% or greater, and the street address and telephone number of 
the labor hall;
(2)  state the name, address, and telephone number of the registered agent for 
the labor hall, including the office or position held by that person with the 
labor hall;
(3) meet fire and health standards established by state or federal law, or 
municipal ordinance.
sec.64.60. Powers and Duties of the Department and Commissioner.
(a) All temporary common worker employer agents and/or agencies holding licenses 
shall be notified in writing of the pending expiration of their license not 
later than the 30th day before the date on which the license expires.
(b) The department shall issue a license to all applicants who comply with all 
provisions of the Act and the department rules.
(c) The commissioner shall enforce this Act pursuant to Texas Civil Statutes, 
Article 5221a-10 and Article 9100.
sec.64.61. Municipal Regulation.
(a) A license issued under this Act supersedes a license required by or issued 
by a municipality or any other governmental subdivision of the state.
(b) A license holder may not be required to hold a license issued by a 
municipality or any other governmental subdivision of the state to practice as a 
temporary common worker employer in the municipality or governmental 
subdivision.
sec.64.70. Rights and Duties of a license holder.
(a) A license holder must display the license in a conspicuous place in each 
place of business operated by the license holder in the state.
(b) Each temporary common worker employer and/or temporary common worker agency 
must notify the department of any changes in information regarding the location 
or ownership. The notification must be received by the department no later than 
30 days after the change occurs.
(c) Each temporary common worker employer and/or temporary common worker agency 
shall provide their employees with access to the name, mailing address, and 
telephone number of the department for purpose of directing complaints to the 
department.
(d) The license holder must allow the department and representatives of other 
governmental subdivisions, as part of an inspection or investigation, to enter 
the business premises during regular business hours and examine and copy any 
records that relate directly or indirectly to the inspection or investigation 
being conducted. The department and representatives of other governmental 
subdivisions may inspect all records, books, and documents, whether paper or 
electronic, pertaining to the business operation.
(e) Each license holder within two working days from its receipt of a written 
complaint from a consumer, must attempt to resolve the complaint not later than 
the 10th day after the date of receipt. If the license holder is unable to 
resolve the complaint within the specified 10 days, the complaint shall be 
referred to the department.
sec.64.71. Other Duties of Labor Hall License Holder.
(a) A license holder shall promptly pay or distribute to the proper individuals 
all money or other things of value entrusted to the license holder by a third 
person for such purpose.
(b) A license holder shall comply with the terms and provisions of contracts 
entered into between the license holder and common workers and third party 
users.
(c) A license holder shall take out a policy of insurance with an insurance 
carrier authorized to do business in the State of Texas in the amount of at 
least $100,000/$300,000, which insures the license holder against liability for 
damage to persons or property arising out the license holder's operation, or 
ownership of any motor vehicle for the transportation of operations as a labor 
hall. A copy of such policy shall be filed with the department. Additionally, 
all labor halls shall be insured for fire and extended liability coverage.
(d) All vehicles used for hire by a license holder for the transportation of 
individuals in his operations as a labor hall shall:
(1) have displayed prominently at the entrance of the vehicle the name of the 
labor hall and the number of their license issued by the department;
(2) be equipt with one 10 pound BC fire extinguisher or two five pound BC fire 
extinguishers;
(3) shall comply with all Texas vehicle inspection and safety regulations for 
the transportation of passengers for hire as defined by the Texas Railroad 
Commission regulations.
(e) Each license holder shall, semimonthly or at the time of each payment of 
wages, furnish each client/worker employed by the labor hall either as a 
detachable part of the check, draft, or voucher paying the employee's wages, or 
separately, an itemized statement in writing showing in detail each and every 
deduction made from the wages.
(f)  A license holder shall comply with all provisions of statutes or codes, 
including but not limited to, Texas Department of Health Rules on Food Service 
Sanitation; Mechanical and Building Code; National Electrical Code; the Accident 
Prevention Manual for Industrial Operations; National Fire Prevention Code; Life 
Safety Code; State or Federal laws.
(g) A license holder that violates set standards or codes may have its license 
suspended or revoked.
sec.64.72. Additional Provisions For Labor Halls.
(a) An attendant must be on the labor hall premises as an agent for legal 
process for both the labor hall and the registered agent at all times that 
common workers are on the premises during normal business hours.
(b) The labor hall premises must have a lobby or waiting room with a floor area 
not less than the greater of 450 square feet. The lobby or waiting room must 
have adequate heat and ventilation.
(c) A labor hall may allow the pick up or drop off of workers only in a safe 
location.
sec.64.73. Revocation or Denial of License.
(a) A license may be revoked or denied to an applicant for the following 
reasons:
(1) the applicant or registered agent is under eighteen (18) years of age;
(2)  the applicant or applicant's spouse is delinquent in payment for taxes, 
fees, fines, or penalties assessed or imposed against the applicant or 
applicant's spouse by the state or any political subdivision;
(3) the applicant has failed to provide all information reasonably required by 
the commissioner for issuance or renewal of the license or has falsely answered 
a question or request for information on the application form;
(4) the applicant, the applicant's spouse, or any entity owned, controlled, or 
affiliated with the applicant has had a labor hall license revoked within the 
last two years;
(5) the applicant, the applicant's spouse, or any entity owned, controlled, or 
affiliated with the applicant has had a labor hall license suspended within the 
last 60 days;
(6) knowingly permitting the sale of alcoholic beverages anywhere on the 
premises where the license holder operates or proposes to operate as a labor 
hall;
(7) knowingly allow prostitution, gambling, intoxication, drug dealing or 
illegal drug use on the premises;
(8) furnish any male or female for immoral purposes; and/or cause to be sent, 
any male or female to enter as servant, inmate, or for any purpose whatsoever, 
to any place of bad repute, house of ill fame, or assignation house, or any 
house or place of amusement kept for immoral purposes; the character of which 
such license holder could have ascertained by reasonable diligence;
(9) knowingly send a common worker to a place where a strike or lockout exists 
without first furnishing the common worker with a written statement of the 
existence of the strike or lockout.
(10) furnish employment to any child, as defined by federal and state statute, 
in violation of the statutes regulating the employment of children or the 
compulsory attendance at school;
(11) the applicant has failed to submit the required license fee.
(b) If the department determines that an applicant should be denied a license, 
the commissioner shall notify the applicant in writing that the application is 
denied and inform the applicant of the right to an appeal.
sec.64.80 Fees-Initial license.
(a) The fee for an initial license is $300.
(b) This fee is not refundable.
sec.64.81. License renewal.
(a) A license issued under this Act is valid for one year and may be renewed.
(b) If a license holder fails to renew the license by the required date, the 
license holder must pay the fee to the department to renew the license. If the 
license is not renewed before the first anniversary of the date that the license 
expired, the license holder must apply for a new license in the manner required 
for an original license.
sec.64.90. Sanctions.
(a) Any person may file a complaint with the commissioner by sworn affidavit 
alleging a violation of the Act. The commissioner shall investigate the alleged 
violation upon receipt of the complaint and may investigate any common worker 
employer and/or a temporary common worker agency as necessary.
(b) If it appears that a person is in violation of, or is threatening to 
violate, the Act or a rule or order of the commissioner related to the Act, the 
commissioner may institute an administrative penalty not exceeding $1,000 for 
each violation and not exceeding $250,000 in the aggregate by:
(1) giving notice of the violation(s) on the preliminary report issued by the 
department;
(2) a statement of the right of the person charged to a hearing on the 
occurrence of the violation and the sanction and any terms thereof;
(3) not later than the 20th day after the date on which the notice is received, 
the person charged may accept the determination of the commissioner made under 
this rule, including the recommended sanction and all accompanying conditions, 
or make a written request for a hearing on that determination;
(4) if the person charged with the violation accepts the determination of the 
commissioner, the commission shall issue an order approving the determination 
and ordering that the recommended sanction and accompanying conditions be 
imposed upon that person;
(5) if the person charged fails to respond in a timely manner to the notice or 
if the person requests a hearing, the commissioner shall set a hearing, give 
written notice of the hearing to the person, and designate a hearing examiner to 
conduct the hearing;
(6) if an administrative hearing is held and the person wishes to dispute the 
administrative sanction imposed, not later than the 30th day after the date on 
which the decision is final as provided by the Administrative Procedure and 
Texas Register Act, Texas Civil Statutes, Article 6252-13a, sec.16(c), the 
person charged shall file a petition for judicial review contesting the fact of 
the violation and/or the administrative sanction. Judicial review is subject to 
the substantial evidence rule and shall be instituted by filing a petition with 
a Travis County district court as provided by the Administrative Procedure and 
Texas Register Act, Texas Civil Statutes, Article 6252-13a,  s19; and
(7) a motion for rehearing is a prerequisite for an appeal.
(c) The commissioner may institute an action with the Attorney General for 
collection of any assessed administrative penalty not received by the department 
for payment of the assessed penalty.
(d) If it appears that a person is in violation of, or is threatening to 
violate, the Act or a rule or order of the commissioner related to the Act, the 
commissioner may request from the Attorney General an action for injunctive 
relief to restrain the person from continuing the violation.
sec.64.91. Sanctions-Revocation or Suspension Because of a Criminal Conviction.
(a) Pursuant to Texas Civil Statutes, Article 6252-13c, the commissioner, after 
a hearing, may suspend or revoke an existing license, because that person has a 
felony or misdemeanor conviction that directly relates to the duties and 
responsibilities involved in operating as a common worker employer and/or 
temporary common worker agency. The department may also, after hearing, suspend, 
revoke or deny a license because of a person's felony probation revocation, 
parole revocation, or revocation of mandatory supervision.
(b) In determining whether a criminal conviction directly relates to the 
operation as a temporary common worker employer and/ or temporary common worker 
agency, the commissioner shall consider:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the ability, capacity, or fitness to 
perform the duties as a temporary common worker employer and/or temporary common 
worker agency;
(3) 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 was 
previously involved.
(c)  In determining the present fitness of a person who has been convicted of a 
crime, the commissioner shall also consider:
(1) the extent and nature of the person's past criminal activity;
(2) the age of the person at the time of the commission of the crime;
(3) the amount of time that has elapsed since the person's last criminal 
activity;
(4) the conduct and work activity of the person prior to and following the 
criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative effort while 
incarcerated or following release; and
(6) other evidence of the person's present fitness, including letters of 
recommendation from prosecution, law enforcement, and correctional officers who 
prosecuted, arrested, or had custodial responsibility for the person; the 
sheriff and chief of police in the community where the person resides; and any 
other persons in contact with the convicted person.
(d) It shall be the responsibility of the license holder or applicant, to the 
extent possible, to secure and provide the department the recommendations of the 
prosecution, law enforcement and correctional authorities as required.
(e) Proof shall be furnished in such form as may be required by the department, 
that a record of steady employment, has supported his or her dependents per 
court order, has otherwise maintained a record of good conduct, and has paid all 
outstanding court costs, supervision fees, fines, and restitution as may have 
been ordered in all criminal cases in which he or she has been convicted.
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 8, 1991.
TRD-9112397
Larry E. Kosta
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-3127
       
Chapter 76. Boxing
16 TAC sec.sec.76.1, 76.10, 76.20-76.27, 76.40, 76.50-76.53, 76.60, 76.61, 
76.70-76.80, 76.90-76.93, 76.101-76.116
The Texas Department of Licensing and Regulation proposes new sec.sec.76.1, 76. 
10, 76.20-76.27, 76.40, 76.50-76.53, 76.60, 76.61, 76.70-76.80, 76.90-76.93, and 
76.101-76.116, concerning boxing. The proposed rules are a revision of existing 
rules found in 16 TAC Chapter 61. They are intended to simplify, clarify, and 
organize existing responsibilities, licensing requirements, and fees, without 
substantive change. Upon final adoption after public and industry comments are 
received, they are intended to replace the existing rules of Chapter 61.
Rudy Garcia, director of business and occupational programs, has determined that 
for the first five-year period the sections are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the sections.
Mr. Garcia 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 simplification and clarification of existing rules. 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 Rudy Garcia, Director of Business 
and Occupational Programs, 920 Colorado, P.O. Box 12157, Austin, Texas 78711.
The new sections are proposed under Texas Civil Statutes, Articles 8501-1 and 
9100, which provide the Texas Department of Licensing and Regulation with the 
authority to regulate boxing.
sec.76.1. Authority.  These rules are promulgated under the authority of the 
Texas Boxing and Wrestling Act, Texas Civil Statutes, Article 8501-1, and Texas 
Civil Statutes, Article 9100.
sec.76.10. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise.
 Bout-A boxing contest, match, or exhibition.
 Boxing promoter -A person to be licensed by the commissioner who arranges, 
advertises, or conducts a boxing contest, match, or exhibition.
 Chief second-The second designated by the contestant as the primary advisor or 
assistant to the contestant.
 Commission-The Texas Commission of Licensing and Regulation.
 Commissioner-The commissioner of Licensing and Regulation or his designated 
representative.
 Contest-A boxing bout, match, or exhibition.
 Deadwood-The numerical difference between tickets printed and tickets utilized.
 Event-An organized series of individual boxing contests or bouts.
 He-Gender neutral pronoun which shall be used to mean he or she.
 Individual-A natural person as distinguished from a partnership, corporation, 
or association.
 License-A document issued by the commissioner permitting a person to perform at 
a boxing event.
 Manager-A person to be licensed by the commissioner who, under contract, 
agreement, or other arrangement with any boxer undertakes to directly or 
indirectly, controls, or administers the boxing affairs of boxers.
 Matchmaker-A person to be licensed by the commissioner who is not a promoter 
and who brings together professional boxers or procures matches for professional 
boxers.
 Physician-An individual licensed to practice medicine by the Texas State Board 
of Medical Examiners.
 Second-A person to be licensed by the commissioner who is present at any boxing 
event to provide assistance or advice to a boxer during the contest.
 Timekeeper-A person to be licensed by the commissioner who is the official 
timer of the length of rounds and the intervals between same.
 Working Pass-An entry permit issued by a promoter to individuals employed for 
the event.
sec.76.20. Licensing Promoter.
(a) License required. Before a person performs as a boxing promoter, he must be 
licensed by the commissioner. A licensed promoter may not act as, and cannot be 
licensed as, second, boxer, referee, timekeeper, or judge. If he is so licensed, 
he must submit any other licenses for cancellation. A promoter may be licensed 
as a manager.
(b)  Application. Each promoter applicant shall submit:
(1) a completed application form;
(2) proof of financial ability to pay purses, arena rental, personnel, 
advertising, and other expenses as required by  s76.40 of this title (relating 
to Bond Requirements for Promoters);
(3) other licenses listed in subsection (a) of this section, for cancellation, 
if applicable;
(4) the required fee; and
(5) to an interview. Any person applying for a promoter's license for the first 
time shall appear before the commissioner for an initial interview.
sec.76.21. Licensing Referee.
(a) License required. Before an individual performs as a referee, he shall be 
licensed by the commissioner. A licensed referee shall keep the license in his 
possession.
(b)  Application. Each referee applicant shall submit:
(1) a completed application form;
(2) two recent passport-sized photographs;
(3)  results of an annual physical examination; and
(4) license fee.
(c) Restrictions on referee. An individual may not act as a referee for a boxing 
event if the referee has a direct or indirect financial interest in any boxer.
sec.76.22 Licensing-Matchmaker.
(a) License required. Before an individual performs as a matchmaker, he shall be 
licensed by the commissioner. A licensed matchmaker shall keep the license in 
his possession.
(b) Application. Each matchmaker applicant shall submit:
(1) a completed application form;
(2) two recent passport-sized photographs; and
(3) license fee.
(c) Restrictions on Matchmaker. No matchmaker shall hold any other type boxing-
related license or manage a boxer, either directly or indirectly.
sec.76.23. Licensing-Judge.
(a) License required. Before an individual performs as a judge, he shall be 
licensed by the commissioner. A licensed judge shall keep his license in his 
possession at all times.
(b)  Application. Each judge applicant shall submit:
(1) a completed application form;
(2) two recent passport-sized photographs; and
(3) license fee.
(c) Restrictions on judges. An individual may not act as a judge for a boxing 
event if the judge has a direct or indirect financial interest in any boxer.
sec.76.24. Licensing-Timekeeper.
(a) License required. Before an individual performs at a contest as a 
timekeeper, he shall be licensed by the commissioner. A licensed timekeeper 
shall keep the license in his possession.
(b) Application. Each timekeeper applicant shall submit:
(1) a completed application form;
(2) two recent passport-sized photographs; and
(3) license fee.
sec.76.25. Licensing-Manager.
(a) License required. Before an individual performs as a manager, he shall be 
licensed by the commissioner. A licensed manager may act as a second without a 
second's license. A licensed manager shall keep the license in his possession. A 
manager may be licensed as a promoter.
(b) Application. Each manager applicant shall submit:
(1) a completed application form;
(2) two recent passport-sized photographs;
(3) license fee.
sec.76.26. Licensing-Second.
(a) License required. Before an individual performs as a second, he shall be 
licensed by the commissioner. A licensed second shall keep the license in his 
possession. A licensed manager may act as a second without a second's license.
(b) Application. Each second applicant shall submit:
(1) a completed application form;
(2) two recent passport-sized photographs; and
(3) license fee.
sec.76.27. Licensing Boxer.
(a) License required. Before an individual performs as a boxer, he shall be 
licensed by the commissioner. A licensed boxer shall keep the license in his 
possession.
(b)  Application. Each boxer applicant shall submit:
(1) a completed application form;
(2) two recent passport-sized photographs;
(3)  license fee; and
(4) proof of a comprehensive medical examination as required by sec.76.111 of 
this title (relating to Technical Requirements-Boxer) .
(c) Minors. The department shall not issue a license to any one under age 18.
(d) Age 35. The department will not issue a license to any boxer age 35, without 
a hearing. Before issuing any license to a boxer age 35, the Department shall 
require physical testing including, but not limited to, neurological 
examination, ophthalmologic examination, EEG, EKG, and stress tests.
(e) Physical training. Anyone applying for a boxer's license without significant 
professional or amateur boxing experience may be required to show proof of 
proper training as a boxer. A boxer without previous ring experience shall 
furnish the department written certification outlining his training routine for 
the four weeks prior to fight date.
sec.76.40. Bond Requirements for Promoters.
(a) Performance bond if needed. Financial responsibility may be shown by 
submitting a financial statement, prepared by a certified public accountant, 
indicating liquid working capital of $10,000 or more, or a $10,000 performance 
bond guaranteeing payment of all obligations relating to the promotional 
activity.
(b) Surety bond. A $5,000 surety bond, written by a bonding company authorized 
to do business in the State of Texas, shall remain in effect for four years 
after the effective cancellation date.
sec.76.50. Reporting Requirements -Promoter. Show reports. A promoter shall 
submit the tax report and the 3.0% gross receipts tax payment for a show within 
72 hours after holding the show.
sec.76.51. Reporting Requirements -Ringside Physician. Physical 
disqualification. If a boxer is disqualified during a pre-fight physical 
examination, the physician shall notify the department and promoter immediately.
sec.76.52. Reporting Requirements -Manager.
(a) If a boxer's physical exam shows him unfit for competition because of any 
weakness or disability, the boxer shall not participate in a contest. An 
immediate report of the facts shall be made to the promoter and the department 
by the manager or boxer.
(b) If a boxer becomes ill or is injured and cannot take part in a contest for 
which he is under contract, he or his manager shall contact the promoter and the 
department immediately.
sec.76.53. Reporting Requirements -Boxer.
(a) Required reports. Boxer applicants shall submit all required medical 
reports, as well as any other reports required by the department, to the 
department's office in Austin. A boxer's manager shall also be responsible for 
the boxer's medical and boxing records.
(b) Ill or injured boxer. If a boxer becomes ill or is injured and cannot take 
part in a contest for which he is under contract, he or his manager shall 
contact the promoter and the department immediately.
sec.76.60. Responsibilities of the Department for Timekeepers.  Assignment. The 
department shall assign two timekeepers for each show, one to keep time and one 
to count for the knockdowns.
sec.76.61. Responsibilities of the Department for Medical Consultants.
(a) The department shall have three consulting physicians at all times. The 
commissioner shall seek the advice of the Texas Board of Medical Examiners for a 
list of medical doctors licensed by the board and qualified to act as department 
medical consultants. From this list the commissioner shall select one physician 
with neurological training and one ophthalmologist. All three physicians should 
have a sports medicine background. The commissioner may appoint additional 
personnel as necessary. All medical consultants serve at the pleasure of the 
commissioner.
(b) The medical consultants shall be paid actual traveling and per diem expenses 
incurred while performing official duties.
sec.76.70. Responsibilities of Promoter.
(a) Promotion and financial responsibility. A licensed promoter for an approved 
boxing event shall be responsible for all promotion responsibilities as required 
by rule and shall bear all financial responsibility for such boxing event.
(b)  Officiation. No promoter shall officiate at any event.
(c) Advertising. Written department approval of any boxing event shall be 
obtained prior to beginning ticket sales, or advertising any show, show date, 
contest, or match.
(d) Written notice. The department must receive written notice from the promoter 
of all proposed boxing event dates, ticket prices, and participants of main 
events, at least 21 days prior to the proposed event date.
(e) Card approval. Requests for boxing card approval shall be received in 
writing from the promoter by the department at least 10 working days prior to 
the event date. The request shall contain the full legal name and address, date 
of birth, social security number, ring name, weight, previous record, and number 
of rounds to be fought for each contestant, as well as the name of the manager 
or agent of each of the contestants. In addition, the department may require 
submission of a certified birth certificate.
(f)  Change in card. Notice of any change in the card shall be received by the 
department before the scheduled weigh-in. Only department-approved substitutes 
shall be permitted. Notices announcing changes or substitutions in the card must 
also be conspicuously posted at the box office and announced from the ring 
before the opening contest.
(g) Department approval. All departmental approval must be in writing.
(h) Boxing show cancellation notice. Notice of any change in announced or 
advertised locations or times or cancellations, shall be submitted to the 
department before the scheduled weigh-in. Notices announcing changes or 
substitutions shall also be conspicuously posted at the box office and announced 
from the ring before the opening contest.
(i) Providing a physician. The promoter shall provide and compensate two 
department-approved ringside physicians for each event. At least one ringside 
physician shall conduct the pre-fight physical.
(j) Contests between sexes. No promoter, matchmaker, or any other person shall 
arrange, match, or advertise any boxing contest between persons of the opposite 
sex.
(k) Drinks. No promoter shall conduct an event where concessionaires dispense 
beverages in containers other than plastic or paper cups.
(l) Matchmaking. Only a licensed promoter or licensed matchmaker shall arrange 
matches.
(1) promoters shall file the following information with the department relating 
to his matchmakers:
(A) the matchmaker's name, address, telephone number, and license number; and
(B)  notice of any change in his arrangement with any matchmaker.
(2) if a matchmaker is employed by a promoter, the matchmaker and the promoter 
shall be jointly responsible to the department for matches made and for the 
timely submission of contracts, license applications, and license fees to the 
department.
(m) Compensating ring officials. Immediately after the event, the promoter shall 
compensate the ringside physicians and the department-assigned timekeepers, 
judges, and referees, including travel expenses and overnight lodging if 
required.
(n) Dressing rooms. The promoter should provide a private dressing room for 
officials.
(1) The promoter shall provide no less than two private dressing rooms of 
adequate size for the boxers and their managers, trainers, and seconds.
(2) The promoter shall provide female boxers with adequate separate dressing 
rooms.
(3) The only people allowed in the boxer's dressing room shall be the promoter, 
the promoter's matchmaker, boxer, manager, second, press, ringside physician, 
ring officials, and department representatives.
(4) No alcoholic beverages, drugs, or other illegal substances shall be allowed 
in the dressing rooms.
(o)  Weigh-in. The weigh-in shall take place on the date of the event at a 
specific time set by the promotor and approved by the department between the 
hours of 6 a.m. and 2 p.m. Contestants failing to make the contract weight shall 
have two hours within which to meet the allowances shown on the schedule in 
sec.76.112 of this title (relating to Technical Requirements-Boxers Weigh-In and 
Time Requirements) and shall be re-weighed. The promoter shall provide a private 
area for the ringside physician to perform weigh-in examinations. The department 
shall present the rules at the weigh-in.
(p) Safety. It shall be the promoter's responsibility to ensure the safety of 
the boxers, officials, and spectators.
(1) The promoter shall provide all ringside emergency equipment required by 
sec.76.101 of this title (relating to Technical Requirements-Ring and 
Equipment).
(2) There shall be a pre-fight plan and route to remove an injured fighter from 
the ring and arena. Upon request, the promoter shall inform the department of 
these plans. The plan shall include the name and location of a local hospital 
emergency room.
(3) Security shall be sufficient to maintain order.
(4) The promoter shall provide insurance to cover medical, surgical, and 
hospital care with a minimum limit of $20,000 for injuries sustained while 
participating in a boxing contest and $20,000 to a boxer's estate if he dies 
from injuries received while participating in a contest. The insurance premium 
may not be deducted from the boxer's purse. The promoter shall provide a 
certificate of insurance showing proper coverage at the same time he provides 
the department his contracts with those participating in the event.
sec.76.71. Responsibilities-Medical Consultants. The responsibilities of medical 
consultants are as follows:
(1) act as medical consultants to the department;
(2) attend and participate in department-approved boxing seminars;
(3) recruit and train ringside physicians;
(4) recommend safety policies;
(5) attend hearings if needed;
(6) develop safety bulletins for the department; and
(7) obtain specialty consultation for the department when needed.
sec.76.72. Responsibilities-Ringside Physician. The responsibilities of the 
ringside physician are as follows.
(1) perform comprehensive medical examinations;
(2) participate in the solutions to boxing-related medical problems;
(3) attend periodic training which may be offered by the department;
(4) remain at ringside at all times during the scheduled bouts; and
(5) immediately examine a boxer who suffers a knockout, concussion, or other 
head injury and report to the department on the severity.
sec.76.73. Responsibilities-Referee.
(a) The referee shall conduct a rules meeting one hour before the first bout of 
the event. All boxers, managers, seconds, and referees must attend the rules 
meeting.
(b) The referee or commissioner may disqualify a boxer and the contest given to 
the opposing boxer for the use of profanity, including gestures, by boxer, his 
manager, or his second if used after a warning by the referee or department 
representative. The offender may also be subject to further disciplinary action.
(c) The referee or the commissioner may eject any second who violates department 
rules and disqualify the second's contestant.
(d) The department shall assign referees to officiate at boxing contests. If 
three judges are not available, the referee may act as a judge. The referee is 
the chief contest official and has general supervision over the contest. No 
manager, promoter, matchmaker, second, or boxer shall officiate at any contest.
(e) If an assigned referee is unable to officiate, he shall notify the 
department at least five hours before the contest unless it is a true emergency 
situation.
(f) The referee or ringside physician may terminate any contest where there is 
any reason to believe that continuing it might result in serious injury to 
either boxer.
sec.76.74. Responsibilities-Judge.
(a) The department shall assign judges to officiate at boxing contests. If three 
judges are not available, the referee may act as a judge. A majority vote of the 
judging officials shall determine the outcome of the contest. No manager, 
promoter, matchmaker, second, or boxer shall officiate at any contest.
(b) If an assigned judge is unable to officiate, he shall notify the department 
at least five hours before the contest unless it is a true emergency.
(c) The judges shall score the contest by the terms of sec.76.105 of this title 
(relating to Technical Requirements-Referee).
sec.76.75. Responsibilities-Matchmakers.
(a) No one licensed as a matchmaker shall have a financial interest in a boxer.
(b) Only a licensed promoter or licensed matchmaker shall arrange matches.
(c) No matchmaker shall officiate at any contest.
sec.76.76. Responsibilities-Manager.
(a) No manager shall officiate at any contest.
(b) Managers shall be responsible for their boxers' conduct and shall ensure 
they comply with all applicable laws and rules.
(c) Use of profanity, including gestures, by a boxer, his manager, or his second 
is prohibited and, if used after a warning by the referee or department 
representative, the boxer may be disqualified and the contest given to the 
opposing boxer. The offender may also be subject to further disciplinary action.
(d) A boxer's manager shall be responsible for the boxer's medical and boxing 
records.
sec.76.77. Responsibilities-Second.
(a) Use of profanity, including gestures, by a boxer, his manager or his second 
is prohibited and, if used after a warning by the referee or department 
representative, the boxer may be disqualified and the contest given to the 
opposing boxer. The offender may also be subject to further disciplinary action.
(b) Each boxer shall have two or three seconds unless the department permits 
otherwise. Each contestant shall have one chief second. The seconds shall dress 
neatly.
(c)  The referee, or the department may eject any second who violates department 
rules and disqualify the seconds' contestant. A second shall:
(1)  remain seated in the chairs provided during the rounds;
(2) not excessively coach a boxer during a round and shall remain silent when 
instructed to do so by a department representative or the referee;
(3) not throw water on his contestant or assist him in any way other than during 
rest periods. Excessive use of water in a corner on a contestant shall result in 
one warning by the referee or department. The corners shall be kept clean, dry, 
and free from objects by the seconds;
(4) not toss a towel or any other object into the ring in token surrender of his 
boxer. He may not get on the ring apron as a sign of surrender;
(5) not use any unapproved solution during the contest; and
(6) not swing a towel instead of a fan during rest periods between rounds.
sec.76.78. Responsibilities-Boxers.
(a) A boxer shall not perform under any name which does not appear in 
departmental records.
(b)  Boxers shall box in proper ring attire including protection cup, which 
shall be firmly adjusted prior to entering the ring. The trunks' waistband shall 
extend above the waistline and the hem may not extend below the knee. 
Mouthpieces shall be worn at the beginning of each round. Shoes shall be of soft 
material and shall not be fitted with spikes, cleats, or hard heels.
(c)  Use of profanity, including gestures, by a boxer, his manager, or his 
second is prohibited and, if used after warning by the referee or department 
representative, the boxer may be disqualified and the contest given to the 
opposing boxer. The offender may also be subject to further disciplinary action.
(d) No boxer shall officiate at any event.
(e) All contestants shall be in the dressing room at lest 45 minutes before the 
show is scheduled to begin, unless excused by the department. The contestants 
shall be ready to enter the ring immediately after the preceding contest is 
finished.
sec.76.79. Responsibilities of the Licensee-Female Boxer.
(a) A negative pregnancy test shall be obtained the day prior to or the day of 
the fight. Results shall be submitted to the department prior to the weigh-in.
(b) Evidence of fibrocystic disease, nipple discharge, or other evidence of 
breast disease may result in disqualification. Mammography may be requested by 
the examining physician.
(c) The examining physician may request a buccal smear if there is any doubt 
regarding the contestant's sex.
(d) A pelvic exam shall be required, and any evidence of ovarian disease will 
result in disqualification.
(e) If the female boxers are a main event, or billed as such, they shall be 
examined seven days prior to the fight because of higher risk for 
disqualification.
(f) Contestants shall wear a mouthpiece, breast protection, and 10-ounce gloves.
sec.76.80. Fees-Annual Application Fees.
(a) Promoter's license fee. The promoter's license fee shall be $500.
(b) Fees for all other licensees. Each license application shall be accompanied 
by the annual license fee as follows:
(1) boxer-$25;
(2) manager-$100;
(3) second-$25;
(4) matchmaker-$100;
(5) referee-$50;
(6) judge-$25;
(7)  timekeeper-$25.
sec.76.90. Sanctions-Administrative Sanctions.
(a) If a person violates the Texas Boxing and Wresting Act (the Act), or a rule 
or order adopted or issued by the commissioner relating to the Act, the 
commissioner shall:
(1) issue a written reprimand to the person that specifies the violation;
(2) deny, revoke, or suspend the person's license;
(3) place on probation a person whose license has been suspended.
(b) If a suspension is probated, the commissioner may require the person to:
(1) report regularly to the commissioner on matters that are the basis of the 
probation; or
(2) limit practice to the areas prescribed by the commissioner.
(c) If, after investigation of a possible violation and the facts surrounding 
that possible violation, the commissioner determines that a violation has 
occurred, the commissioner shall issue a preliminary report stating the facts on 
which the conclusion that a violation occurred is based, recommending that an 
administrative sanction be imposed on the person charged, and recommending the 
precise nature and conditions, if any, of that proposed sanction. The 
commissioner shall base the recommended sanction, and any accompanying 
conditions, on the following factors:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4)  efforts made to correct the violation; and
(5) any other matters that justice may require.
(d) Not later than the 14th day after the day on which the preliminary report is 
issued, the department shall give written notice of the violation to the person 
charged. The notice shall include:
(1) a brief summary of the charges;
(2) a statement of the proposed sanction, and any accompanying conditions; and
(3) a statement of the right of the person charged to a hearing on the 
occurrence of the violation and the sanction and any terms thereof.
(e)  Not later than the 20th day after the date on which the notice is received, 
the person charged may accept the determination of the commissioner made under 
this rule, including the recommended sanction and all accompanying conditions, 
or make a written request for a hearing on that determination.
(f) If the person charged with the violation accepts the determination of the 
commissioner, the commissioner shall issue an order approving the determination 
and ordering that the recommended sanction and accompanying conditions be 
imposed upon that person.
(g) If the person charged fails to respond in a timely manner to the notice, or 
if the person requests a hearing, the commissioner shall set a hearing, give 
written notice of the hearing to the person, and designate a hearings examiner 
to conduct the hearing.
(h)  If an administrative hearing is held, and the person wishes to dispute the 
administrative sanction imposed, not later than the 30th day after the date on 
which the decision is final as provided by the Administrative Procedure and 
Texas Register Act (Texas Civil Statutes, Article 6252-13a), sec.16(c), the 
person charged shall file a petition for judicial review contesting the fact of 
the violation and/or the administrative sanction. Judicial review is subject to 
the substantial evidence rule and shall be instituted by filing a petition with 
a Travis County district court as provided by the Administrative Procedure and 
Texas Register Act (Texas Civil Statutes, Article 6252-13a), sec.19.
(i)  A motion for a rehearing is a prerequisite for an appeal.
sec.76.91. Sanctions-Administrative Penalty/Fine.
(a) If a person violates the Texas Boxing and Wrestling Act (the Act), or a rule 
or order adopted or issued by the commissioner relating to the Act, the 
commission may, in addition to or in lieu of a sanction imposed under sec.80.90 
of this title (relating to Sanctions-Administrative Sanctions), assess an 
administrative penalty in an amount not to exceed $1,000 for each violation.
(b) A penalty collected under this section shall be deposited in the state 
treasury to the credit of the general revenue fund.
(c) If, after investigation of a possible violation and the facts surrounding 
that possible violation, the commissioner determines that a violation has 
occurred, the commissioner shall issue a preliminary report stating the facts on 
which the conclusion that a violation occurred is based, recommending that an 
administrative penalty not to exceed $1,000 for each violation be imposed on the 
person charged, and recommending the amount of that proposed penalty. The 
commissioner shall base the recommended amount of the proposed penalty on the 
following factors:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts made to correct the violation; and
(5) any other matters that justice may require.
(d) Not later than the 14th day after the day on which the preliminary report is 
issued, the department shall give written notice of the violation to the person 
charged. The notice shall include:
(1) a brief summary of the charges;
(2)  a statement of the amount of the penalty recommended; and
(3) a statement of the right of the person charged to a hearing on the 
occurrence of the violation and the amount of the penalty.
(e) Not later than the 20th day after the date on which the notice is received, 
the person charged may accept the determination of the commissioner made under 
this rule, including the recommended penalty, or make a written request for a 
hearing on that determination.
(f) If the person charged with the violation accepts the determination of the 
commissioner, the commission shall issue an order approving the determination 
and ordering that the person pay the recommended penalty.
(g) If the person charged fails to respond in a timely manner to the notice, or 
if the person requests a hearing, the commissioner shall set a hearing, give 
written notice of the hearing to the person, and designate a hearings examiner 
to conduct the hearing.
(h) If an administrative hearing is held, not later than the 30th day after the 
date on which the decision is final as provided by the Administrative Procedure 
and Texas Register Act (Texas Civil Statutes, Article 6252-13a), sec.16(c), the 
person charged shall:
(1) pay the penalty in full; or
(2) file a petition for judicial review contesting the fact of the violation 
and/or the administrative penalty/fine. Judicial review is subject to the 
substantial evidence rule and shall be instituted by filing a petition with a 
Travis County district court as provided by the Administrative Procedure and 
Texas Register Act (Texas Civil Statutes, Article 6252-13a), sec.19. If this 
petition for judicial review is filed, the person must forward the amount of the 
administrative penalty/fine to the department for deposit in an escrow account, 
or post a supersedeas bond with the department in the amount of the 
penalty/fine, until judicial review is final.
(i) A person charged with a penalty who is financially unable to comply with it 
is entitled to judicial review if the person files with the court, as part of 
the person's petition for judicial review, a sworn statement that the person is 
unable to meet the requirements of that subsection.
(j)  Except as provided by subsection (i) of this section, failure to forward 
the amount assessed or post the bond with the department, in the manner and 
within the period prescribed by the department, results in a waiver of legal 
rights to judicial review. If the person charged fails to forward the amount 
assessed or post the bond, the department or the attorney general may bring an 
action for the collection of the penalty.
(k) A motion for rehearing is a prerequisite for an appeal.
sec.76.92. Sanctions-Revocation or Suspension Because of a Criminal Conviction.
(a) Pursuant to Texas Civil Statutes, Article 6252-13c, the commissioner, after 
a hearing, may suspend or revoke an existing license or disqualify a person from 
receiving a license, because that person has a felony or misdemeanor conviction 
that directly relates to the duties and responsibilities involved in operating 
without a license. The department may also, after hearing, suspend, revoke, or 
deny a license because of a person's felony probation revocation, parole 
revocation, or revocation of mandatory supervision.
(b) In determining whether a criminal conviction directly relates to the 
operation of a license, the commissioner shall consider:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the license;
(3) 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 was 
previously involved; and
(4) the relationship of the crime to the ability, capacity, or fitness required 
to perform the duties and discharge the responsibilities of the license.
(c) In determining the present fitness of a person who has been convicted of a 
crime, the commissioner shall also consider:
(1) the extent and nature of the person's past criminal activity;
(2) the age of the person at the time of the commission of the crime;
(3) the amount of time that has elapsed since the person's last criminal 
activity;
(4) the conduct and work activity of the person prior to and following the 
criminal activity;
(5) evidence of the person's rehabilitation or rehabilitative effort while 
incarcerated or following release; and
(6) other evidence of the person's present fitness, including letters of 
recommendation from prosecution, law enforcement, and correctional officers who 
prosecuted, arrested, or had custodial responsibility for the person; the 
sheriff and chief of police in the community where the person resides; and any 
other persons in contact with the convicted person.
(d)  It shall be the responsibility of the applicant, to the extent possible, to 
secure and provide the department the recommendations of the prosecution, law 
enforcement and correctional authorities as required.
(e) The applicant shall also furnish proof, in such form as may be required by 
the department, that he has maintained a record of steady employment, has 
supported his dependents per court order, has otherwise maintained a record of 
good conduct, and has paid all outstanding court costs, supervision fees, fines, 
and restitution as may have been ordered in all criminal cases in which he or 
she has been convicted. If any section, paragraph, sentence, clause, or word of 
these rules is held to be invalid, the invalidity does not affect other 
provisions of these rules which can be given effect without the invalid portion.
sec.76.100. Technical Requirements -Conduct of Promotion.
(a)  Rounds scheduled. Licensed promoters shall schedule no less than 25 rounds 
of boxing for each event. All professional boxing contests shall have three-
minute rounds with one-minute rest periods between rounds. No boxing or sparring 
event shall exceed 10 rounds, except a championship contest, which shall not 
exceed 12 rounds.
(b) Special added attractions. The term "special added attraction" shall mean 
the appearance of any person or persons in any capacity at any boxing event 
whose reputation or ability is calculated to increase attendance.
(c) Purses. Purses shall be paid to the boxer by the promoter immediately after 
each exhibition. Payment of percentage contracts shall be made as soon as the 
amount can be determined. Payments shall be made in the presence of an 
authorized department representative.
(d) Decision. The announcer shall announce the decision at the end of the fight. 
A draw shall be called if each of the officials votes differently or any two 
vote a draw. In all contests, the total points the referee and judges give each 
contestant may be announced.
sec.76.101. Technical Requirements-Ring and Equipment.
(a) Ring. The ring shall be a square with sides not less than 16 feet nor more 
than 24 feet inside the ropes. The ring floor shall extend at least 24 inches 
beyond the ropes on all sides. The ring floor shall be of at least 3/4-inch 
material, shall be adequately supported, and shall be padded with ensolite or 
similar closed-cell foam that is at least one-inch thick. The padding shall 
extend over the edge of the ring platform and have a top covering of canvas, 
duck, or similar material approved by the department. The covering shall be 
clean and be tightly stretched and laced to the ring platform and may not have 
tears, holes, or overlapping seams. The ring platform shall have at least three 
sets of steps into the ring during a contest: one set for each boxer's corner; 
and one set in the neutral corner on the department side. These steps shall be 
used for the ringside physician and the department. The ring corners shall be 
protected inside the ring with a urethane pad at least six inches wide. It shall 
be covered with material similar to the ring floor covering, and the covering 
must be long enough to cover all the rope joints. Ring posts shall be made of 
some strong material, preferably steel, and shall be at least three inches in 
diameter. The posts shall be secured under the ring to prevent spreading.
(b) Ring ropes. There shall be four ring ropes at least one inch in diameter 
which are evenly spaced, one foot apart. The lower rope shall be 18 inches above 
the ring floor. The ropes shall be attached to the ring posts with turnbuckles 
and shall be stretched taut during all contests. The bottom rope shall be padded 
with at least 1/2 inch of soft material.
(c) Bell. The promoter shall ensure the presence of a department approved bell. 
It shall be large enough to make a sound the contestants and the referee can 
hear.
(d) Ring equipment. The promoter shall furnish an appropriate receptacle for 
spitting for each boxer's corner. Such receptacles may include the use of a 
funnel attached to a hose and bucket or in the alternative, a bucket may be 
used. The second or manager shall ensure that the contestants use these funnels 
when washing out their mouths. The promoter shall provide enough water buckets 
for the contestants to use. Each bucket shall be clean before being used. 
Promoters shall also provide stools and other articles required to conduct the 
contests. The ring shall be set up at least two hours before fight time. The 
promoter shall provide three chairs in each contestant's corner. These chairs 
shall be labeled "seconds" and shall be used only by the contestant's official 
seconds.
(e) Scales. The promoter shall furnish scales to be used for weighing in boxers. 
The department may require that the scales be certified.
(f)  Bandages. Contestants shall use six inches of one-inch wide, medical 
diachylon tape across the back of each hand before bandaging the hands. This 
tape shall not touch the contestant's knuckles. Contestants shall use soft 
surgical bandage not more than 15 yards long or two inches wide, that is held in 
place by not more than two yards of one-inch medical diachylon tape for each 
hand. These bandages shall be applied in the dressing room, under the 
examination of a department representative, no sooner than 45 minutes before 
fight time. Hands shall be wrapped dry, and no liquid may be applied to any 
bandage or tape. If any other material or substance is used on the boxer's hands 
other than that mentioned in this paragraph, the boxer and manager shall face 
disciplinary action by the department.
(g) Gloves. Gloves for all main events shall be new and made to fit the hands of 
any contestant whose hands may be an unusual size. If gloves used in preliminary 
contests have been used before, they shall be whole, clean, in sanitary 
condition, and subject to inspection by the referee or department 
representative. Any gloves found unfit shall be discarded immediately and 
replaced with acceptable gloves. There shall be an extra set of eight-ounce and 
an extra set of 10-ounce gloves on hand to be used in case gloves are broken or 
in any way damaged during a contest. Contestants in all weight categories up to, 
and including welterweights shall use eight-ounce gloves. In heavier classes, 
they may wear eight-ounce or 10-ounce gloves. Gloves shall be in the possession 
of the boxing promoter and shall be made available for inspection by the 
department for a minimum of seven days after a bout.
(h) Ring apron. The ring apron shall be kept clear at all times of all objects. 
This includes articles such as cameras, microphones, advertisements, television 
cameramen, and photographers. The promoter shall provide a separate camera 
platform at a neutral corner of the ring for use by television cameramen. The 
television cameramen shall be allowed on the ring apron only during the one 
minute rest period or between bouts. No seats may be sold at the ring apron.
(i)  Ring Barrier, free area, and spectator seats. There shall be a barrier and 
free area between the ringside and the first row of seats. There must be at 
least eight feet between the edge of the ringside table farthest from the ring 
and the first row of seats. No alcoholic beverages are permitted within the 
barrier.
(j) Ringside physicians. There shall be a physician at ringside at all times.
(k) Emergency equipment. The promoter shall insure that an emergency medical 
technician and appropriate medical equipment are located within the ring barrier 
during the event. The promoter shall ensure that there is a resuscitator, 
oxygen, and a stretcher at ringside. The promoter shall also provide a certified 
ambulance with an emergency medical technician on site for all contests.
(l) Judges' and physicians' seats. The judges' chairs shall be high enough that 
their shoulders shall be no lower than the ring floor. The method of elevating 
the chairs must be practical and safe. The promoter shall provide seats for 
ringside physicians in neutral corner(s).
(m)  Ringside tables. The promoter shall have at least one, but may have no more 
than three, authorized representative(s) at ringside at all times. Only the 
promoter's representative(s), department officials, the press, physicians, and 
judges shall sit at the ringside tables.
sec.76.102. Technical Requirements -Contract between Promoter and Boxer.
(a) Promoters shall have written agreements or contracts with boxers, executed 
in triplicate on department forms, showing the amount of guarantee or percentage 
promised, the number and time limit of rounds, when and where the boxers are 
scheduled to appear, weight, and all other details governing contracts and 
agreements.
(b) The promoter shall furnish one executed copy of the contract to the boxer or 
his manager, retain one executed copy, and submit one executed copy to the 
department.
(c) All required information must be typed or legibly printed, and any changes 
or addenda shall be initialed by the boxer and promoter.
(d) Promoters shall fulfill the terms of their contracts with boxers. All 
contestants appearing in accordance with a promoter and boxer contract at the 
weigh-in, shall be compensated by the promoter, even if the opponent failed to 
appear at the weigh-in or the event.
(e) Boxers shall fulfill the terms of their contracts. When a contestant fails 
to appear in accordance with his contract, he shall satisfactorily prove he was 
ill, had a valid reason for not appearing, or was otherwise prevented from 
carrying out the agreement. A doctor's certificate shall be required in case of 
illness. Affidavits are required to support other circumstances.
sec.76.103. Technical Requirement -Tickets.
(a) Printing tickets.
(1) All tickets shall have the price, including any service surcharge or 
handling fee, identify the promoter by license number, and date of the event 
printed plainly on each half.
(2) Roll tickets with consecutive numbers shall be sold only at the box office 
on the day of the show.
(3) Tickets of different prices shall be printed on different colored ticket 
stock.
(4) If a promoter is using a computerized and bonded ticket service, the 
department may waive paragraph (2) of this subsection.
(b) Ticket inventory. When he receives tickets, including roll tickets from the 
printer, the promoter shall submit a sworn inventory to the department of all 
tickets delivered to any outlet or event sponsor. This inventory shall account 
for any known overprints, changes, or extras.
(c) Seating capacity. Tickets shall not be sold for more than the actual 
capacity of the place where the event is being held.
(d) Ticket prices. Licensed promoters shall not sell tickets for any price other 
than the price printed on them, change the ticket price at any time after 
tickets have been placed on sale, or sell any ticket at any time during the show 
at a lesser price than tickets for the same seats were sold or offered before 
the show.
(e) Ticket taking. All tickets shall be torn in half and one half returned to 
the ticket holder at the entrance gate. The other half shall be immediately 
deposited in a sealed container, where it shall remain until the opening of the 
container is witnessed by a department representative. No one shall pass through 
the gate without having their ticket torn or shall occupy a seat unless holding 
a ticket half or having been issued a working pass.
(f) Exchanges. A purchaser shall present his ticket half to the promoter for a 
refund at face value if the advertised main event or special added attraction is 
postponed or does not take place as advertised. No tickets shall be refunded 
after the show has taken place. Tickets in the hands of ticket services shall be 
returned to the promoter not later than when the box office at the boxing event 
site has closed.
(g)  Accounting for tickets.
(1) Department representatives shall check the number of ticket containers at 
gates and their locations. They shall also check the containers for seals or 
padlocks. Tickets shall be accounted for after the show, and a department 
representative may review the accounting.
(2)  Promoters shall hold tickets of every description used for any boxing event 
for at least 30 days after the event. The tickets shall be kept in separate 
packages for each show so the department can perform an audit.
(h)  Gross receipts. When computing gross receipts, the face value of all 
tickets, except deadwood, shall be included whether the tickets were sold for 
cash, given away, or bartered for services provided.
sec.76.104. Technical Requirements -Ringside Physician.
(a)  Weigh-in physical examination. The pre-fight medical examinations shall be 
administered on the day of the event at the weigh-in. The department shall 
provide forms for recording the results of these examinations.
(b)  License for weigh-in. The manager or his authorized agent shall accompany 
the boxer to the weigh-in. No boxer shall be weighed-in unless he presents a 
Texas boxing license.
(c) Late weigh-in. If a boxer is late to weigh-in, the boxer and manager are 
subject to departmental disciplinary action.
(d)  Disqualification by weight. If a boxer's body weight at weigh-in is 5.0% or 
more over his contracted weight, he will be disqualified for the contest, and he 
and his manager are subject to departmental disciplinary action.
(e)  Examination Room. Only the boxer and his manager, ringside physician, and 
department representatives are allowed in the examination room during the 
physical.
(f) Disqualification by drugs. If, in an attempt to make weight, the boxer shows 
evidence of dehydration, having taken diuretics, or other drugs, or having used 
any other harsh modality, the examining physician shall disqualify him and 
recommend disciplinary action.
(g) Information and conduct. The boxer and manager shall furnish all information 
required by the department and conduct themselves professionally at all times.
(h)  Between-round care. When the ringside physician enters a boxer's corner, 
the second in the ring shall yield immediately to the physician's examination. 
The department may disqualify a boxer, manager, and/or second for unprofessional 
conduct in failing to cooperate with the ringside physician.
(i)  Termination of contests. The referee may terminate any contest where there 
is any reason to believe that continuing it might result in serious injury to 
either boxer. The ringside physician, notwithstanding anything to the contrary 
herein, may enter the ring during the progress of a contest, or between rounds, 
and terminate any boxing contest to prevent serious injury to either contestant.
(j) Post-contest medical examination. The ringside physician shall perform this 
examination at the end of a contest. The physician's recommendations, including 
rest periods, medical disqualifications, and any other exam results, shall be 
reported on the department inspector's report. It is the boxer's and manager's 
joint responsibility to comply with all requirements, including rest periods and 
medical suspensions. A boxer shall automatically receive medical 
suspensions/rest periods for the following:
(1) cut-medical suspension time based on physician's recommendation;
(2) technical knockout-minimum of 30-day medical suspension;
(3)  knockout-60-day minimum medical suspension for the first knockout. If a 
boxer has had two knockouts within 12 months, he will receive a 120-day medical 
suspension. If he has had three knockouts within 12 months, or three consecutive 
knockouts, he will be medically disqualified from further competition. In 
addition to these suspensions, the physician may require neurological testing 
and consultation at any time;
(4) mandatory rest-all contestants shall receive a minimum mandatory rest period 
of three days for each round or portion of a round fought in any contest. The 
ringside physician may recommend longer rest periods. In no event shall the rest 
period be less than seven days; and
(5) six consecutive losses-a contestant who receives six consecutive losses 
shall receive an automatic suspension.
(k)  Disagreement with medical suspension, or disqualification. If a boxer 
disagrees with a medical disqualification, medical suspension, or rest period 
set at the discretion of a ringside physician or a disqualification set by the 
department, he may request a hearing to show proof of fitness. The hearing shall 
be provided at the earliest opportunity after the department receives a written 
request from the boxer or his manager.
(l) Medical disqualifications are as follows.
(1) General. Medical disqualification of a boxer is for his own safety and may 
be made at the discretion of the department.
(2)  Event. Medical disqualification may be made at the discretion of the 
ringside physician on the date of the event without a hearing.
(m) Contests in other states. The department shall recognize and honor other 
states' medical suspensions. Any Texas boxer who boxes outside the State of 
Texas and receives a medical suspension shall report the fight results and 
medical suspension to the department within 72 hours after the event.
(n)  Drugs. The administration or use of any drugs or alcohol either prior to or 
during a contest is prohibited. Medication administered by a physician may be 
allowed. The department may order a drug screen at any time. If a drug screen is 
performed, the boxer or his manager must pay for it.
sec.76.105. Technical Requirements -Referee.
(a) Before each bout, the referee shall call the contestants and their chief 
seconds together for final instructions. The referee shall hold the chief second 
responsible for his contestant's conduct during the contest. Referees must 
instruct contestants that wrestling and rough tactics will not be tolerated and 
to protect themselves at all times. The contestants, after receiving final 
instructions, shall shake hands and retire to their corners. They shall not 
shake hands again until the beginning of the last round.
(b) The referee may stop a fight during or between rounds because of an injury 
or a contestant's poor physical condition. He may also stop a fight and make a 
decision to disqualify both contestants if he feels they are not boxing in 
earnest.
(c) When a low blow incapacitates a contestant, the referee shall give him three 
minutes to recover. The referee may confer with the ringside physician. No 
contestant may be awarded a contest on a low-blow foul claim. If a contestant 
falls to the ring floor or otherwise indicates an unwillingness to continue 
because of a low-blow claim, he shall be declared the loser by a technical 
knockout.
(d) When a punch knocks a contestant down, the referee shall order the opponent 
to go to the ring's farthest neutral corner, pointing to the corner, and 
immediately pick up the timekeeper's count. He shall audibly announce the 
passing of the seconds, accompanying the count with upward motions of his arm 
for each second and indicating the count with visual finger counts at the end of 
each second. The referee shall stop counting if the opponent does not remain in 
the neutral corner until the count is complete. No contestant who is knocked 
down shall be allowed to resume boxing until the referee has finished counting 
to eight. If a contestant who is down rises before the count of eight and goes 
down again without being struck, the referee shall resume the count where he 
stopped. When a round, other than the last round, ends before a contestant who 
was knocked down rises, the bell shall not ring, and the count shall continue. 
If he rises before the count of eight, the bell shall ring and end the round. 
The referee's count is the official one.
(e) If a contestant leaves the ring during the one-minute period between rounds 
and is not in the ring to resume boxing when the bell rings, the referee shall 
count that contestant out as if he were down.
(f) If a contestant who has been knocked out of the ring or has fallen out of 
the ring during the contest fails to return immediately, the referee shall count 
him out as if he were down. Seconds shall not assist contestants back into the 
ring.
sec.76.106. Technical Requirements -Judge Scoring.
(a) A contestant shall be deemed down when:
(1) any part of his body other than his feet is on the ring floor;
(2) he is hanging over the ropes in a defenseless manner; or
(3) he is rising from a down position.
(b) Fouls are defined as:
(1) hitting below the belt;
(2)  holding an opponent with one hand and hitting him with the other;
(3)  hitting an opponent who is down or is getting up after being down;
(4)  holding an opponent or deliberately maintaining a clinch;
(5)  butting with the head or shoulder or using the knee;
(6) hitting with the inside or butt of the hand, the wrist, or the elbow;
(7)  hitting or "flicking" with open gloves;
(8) wrestling or roughing at the ropes;
(9) purposely going down without being hit;
(10)  striking deliberately at the area of the body around the kidneys;
(11)  jabbing an opponent's eyes with the thumb of a glove;
(12) using abusive or profane language;
(13) hitting at the back of the head or neck (rabbit punches);
(14) failing to obey the referee; and
(15)  engaging in any physical action or contact other than sportsmanlike 
boxing, which may injure another contestant.
(c) In scoring a contest, the elements of offense, defense, clean hitting, ring 
generalship, and sportsmanship shall be carefully considered. Scoring shall be 
by the 10-point must system. The winner of any round is marked 10; the loser is 
marked nine or less. When a round is even, each contestant shall receive 10 
points. A clean knockdown shall be scored heavily. The referee shall call time 
and then advise the judges of a foul as soon as it occurs and the number of 
points they should deduct. Referees and judges shall clearly write their 
decision and sign them individually. A draw shall be called if each of the 
officials votes differently or any two vote a draw.
(d) When a boxer is knocked down three times in any one round, the contest shall 
be automatically terminated. The boxer scoring the knockdowns shall be the 
winner by a technical knockout. The referee may stop a contest at any time if 
the boxer cannot defend himself.
(e) If a boxer is accidentally butted in a fight but can continue, the referee 
shall stop the contest, inform the judges, and acknowledge the butt. If a 
contest is stopped before the end of the third round because of an accidental 
butt, the contest shall be declared a technical draw. If after the third round 
an accidental butt injury occurs or worsens and the contest is stopped, all 
completed rounds shall be scored. The boxer ahead on points shall be declared 
the winner by technical decision.
(f) If the contestant who is knocked down does not rise before the count of 10, 
the referee shall declare him the loser by a knockout.
(g) When a contestant does not answer the bell signifying the start of a round, 
the referee shall give a ten count and declare him the loser by a technical 
knockout.
sec.76.107. Technical Requirements -Timekeeper.
(a) All professional boxing events shall have three-minute rounds with one-
minute rest periods between rounds. The timekeeper shall blow his whistle 10 
seconds prior to the end of each one-minute rest period. The timekeeper shall 
sound the bell at the beginning and at the end of each round, but not during the 
round.
(b) When a boxer is down, the timekeeper shall rise and start his count, 
continuing until he reaches the count of 10 seconds.
(c) If the referee is absent from the ring or temporarily incapacitated, the 
timekeeper shall immediately sound the bell to temporarily discontinue the 
contest.
(d)  The timekeeper shall furnish a department-approved bell and a whistle or 
buzer. It must be large enough to make a sound the contestants and the referee 
can hear.
(e) No one licensed as a timekeeper shall have a financial interest in a boxer.
sec.76.108. Technical Requirements -Manager.
(a) The manager or second shall ensure that the contestants use funnels or 
buckets when washing out their mouths during the bout.
(b) A boxer and manager shall face disciplinary action by the department if any 
other material or substance is used on the boxer's hand other than that 
mentioned in sec.76.101 of this title (relating to Technical Requirements-Ring 
and Equipment).
(c) Weigh-in requirements are as follows.
(1) The manager or chief second shall accompany the boxer to the weigh-in.
(2) If a boxer is late to weigh-in, the boxer and manager shall be subject to 
departmental disciplinary action.
(3) If a boxer's body weight at weigh-in is 5.0% or more over his contracted 
weight, he will be disqualified for the contest, and he and his manager shall be 
subject to departmental disciplinary action.
(d) Only the boxer, his manager, ringside physician, and department 
representatives shall be allowed in the examination room during the physical.
(e) The boxer, his manager, or chief second shall furnish all information 
required by the department, conduct themselves professionally at all times, and 
cooperate fully with the ringside physician and the department. Failure to do so 
may result in disqualification of the boxer.
(f) It is the boxer's and manager's joint responsibility to comply with all 
requirements, including rest periods and medical suspensions/rest period for 
cuts, technical knockout, and knockout.
(g) A boxer or his manager shall submit a written request for a hearing to show 
proof of fitness if the boxer disagrees with a medical disqualification, medical 
suspension, or rest period set at the discretion of a ringside physician or a 
suspension set by the department.
(h) If a drug screening test is ordered by the department, the boxer or manager 
shall pay for it.
sec.76.109. Technical Requirements -Second.
(a) The manager or chief second shall accompany the boxer to the weigh-in.
(b) The second or manager shall ensure that the contestants use funnels or 
buckets when washing out their mouths during the bout.
(c) The boxer, his manager, or chief second shall furnish all information 
required by the department, conduct themselves professionally at all times, and 
cooperate fully with the ringside physicians and the department. Failure to do 
so may result in disqualification of the boxer.
sec.76.110. Technical Requirements -Between-round Care.
(a)  Only one second shall be allowed in the ring with the boxer between rounds, 
and he shall leave the ring enclosure at the sound of the timekeeper's whistle. 
Two seconds shall be allowed on the apron. All seconds shall leave the ring 
platform promptly when the bell sounds for the beginning of each round, removing 
all obstructions including stools, buckets, and equipment.
(b) Only ice, water, cotton swabs, gauze pads, clean towels, Adrenalin 1:1000, 
Avitene, Thrombin, Vaseline or other surgical lubricant, medical diachylon tape, 
and Enswell shall be allowed in the corner. All containers shall be properly 
labeled with the manufacturers' label and not contaminated by any foreign 
substance. The use of unapproved substances shall result in disciplinary action.
(c)  Excessive use of any lubricant on the boxer's body, arms, or face is 
prohibited.
(d) Only water shall be permitted for dehydration of a boxer between rounds. 
Honey, glucose, or sugar, or any other substance may not be mixed with the 
water. Electrolyte solutions are prohibited.
(e) When the ringside physician enters a boxer's corner, the second in the ring 
shall yield immediately to the physician's examination. The department may 
disqualify a boxer, manager, and/or second for unprofessional conduct in failing 
to cooperate with the ringside physician.
(f) If a contestant who has been knocked out of the ring or has fallen out of 
the ring during the contest fails to return immediately, the referee may count 
him out as if he were down. Seconds shall not assist contestants back into the 
ring.
(g) When the referee's or judges' decision has been announced, both contestants 
and their seconds shall leave the ring immediately.
sec.76.111. Technical Requirements -Boxer.
(a) Comprehensive medical examination. All boxers applying for a license shall 
pass a comprehensive medical examination before they can be licensed. The 
examination has three parts; a medical, boxing history, and a physical 
examination and EEG. This examination shall be given by a physician and the 
physician shall report the examination results on a department-approved form. 
Out-of-state boxers may get the department comprehensive medical examination 
form and have it completed by a physician. The examining physician may require 
tests such as CAT scans, MRI, and EKGs. The boxer and manager are jointly 
responsible for ensuring this examination is completed.
(b) Eye examination. All boxers applying for a license shall undergo a complete 
medical eye exam by an ophthalmologist and submit the results on a department-
approved form. Exams by optometrists do not meet this requirement.
(c) Contracts. Boxers shall fulfill the terms of their contracts. When a 
contestant fails to appear in accordance with his contract, he shall 
satisfactorily prove he was ill, had a valid reason for not appearing, or was 
otherwise prevented from carrying out the agreement. A doctor's certificate 
shall be required in case of illness. Affidavits are required to support other 
circumstances.
sec.76.112. Technical Requirements -Boxer's Weigh-in and Time Requirements.
(a) The weigh-in shall take place on the date of the contest at a specific time 
set by the promoter and approved by the department between the hours of 6 a.m. 
and 2 p.m. Contestants failing to meet the weight allowances shown on the 
schedule in subsection (c) of this section shall have two hours within which to 
meet the allowances and will be re-weighed.
(b)  Every contestant shall undergo a weigh-in physical examination. The pre-
fight medical examinations will be administered at the weigh-in.
(c)  No contestants shall engage in a boxing contest where the weigh-in weight 
difference exceeds the allowance shown in the following schedule.
[graphic]
(d) The manager or chief second shall accompany the boxer to the weigh-in. No 
boxer shall be weighed-in unless he presents a Texas boxing license.
(e) If a boxer is late to weigh-in, the boxer and manager are subject to 
departmental disciplinary action.
(f) If a boxer's body weight at weigh-in is 5.0% or more over his contracted 
weight, he shall be disqualified for the contest, and he and his manager shall 
be subject to departmental disciplinary action.
(g) Only the boxer, manager, ringside physician or department representatives 
shall be allowed in the examination room during the physical.
(h) If, in an attempt to make weight, the boxer shows evidence of dehydration, 
having taken diuretics, or other drugs, or having used any other harsh modality, 
the examining physician shall disqualify him and recommend disciplinary action.
(i) The boxer, his manager, or chief second shall furnish all information 
required by the department, conduct themselves professionally at all times, and 
cooperate fully with the ringside physician and the department. Failure to do so 
may result in disqualification of the boxer.
(j) If a boxer's physical examination shows him unfit for competition because of 
any weakness or disability, the boxer may not participate in a contest. An 
immediate report of the facts shall be made to the promoter and the department 
by the manager or boxer.
(k) A boxer and manager shall face disciplinary action by the department if any 
other material or substance is used on the boxer's hand other than that 
mentioned in sec.76.101 of this title (relating to Technical Requirements-Ring 
and Equipment).
(l) It is the boxer's and manager's joint responsibility to comply with all 
requirements, including rest periods and medical suspensions/rest periods for 
cuts, technical knockout, and knockout.
(m) When the referee's or judges' decision has been announced, both contestants 
and their seconds shall leave the ring immediately.
sec.76.113. Technical Requirements -Medical Disqualifications.
(a)  Termination of contests. The referee, or commissioner may terminate any 
contest where there is any reason to believe that continuing it might result in 
serious injury to either boxer. The ringside physician, notwithstanding anything 
to the contrary herein, may enter the ring during the progress of a contest, or 
between rounds, and terminate any boxing contest to prevent serious injury to 
either contestant.
(b) Disagreement with suspension. If a boxer disagrees with a medical 
disqualification, medical suspension, or rest period set at the discretion of a 
department ringside physician or a disqualification set by the department, he 
may request a hearing to show proof of fitness. The hearing shall be provided at 
the earliest opportunity after the department receives a written request from 
the boxer or his manager.
(c) General. Medical disqualification of a boxer is for his own safety and may 
be made at the discretion of the department after a hearing.
(d) Event. Medical disqualification may be made at the discretion of the 
examining ringside physician on the date of the contest without a hearing.
(e) Contest in other states. The department shall recognize and honor other 
states' medical suspensions. Any Texas boxer who boxes outside the State of 
Texas and receives a medical suspension shall report the fight results and 
medical suspension to the department within 72 hours of boxing event.
(f) Drugs. The administration or use of any drugs or alcohol either prior to or 
during a contest is prohibited. Medication administered by a physician may be 
allowed. The department may order a drug screen at any time. If a drug screen is 
performed, the boxer or his manager shall pay for it.
sec.76.114. Technical Requirements -Post-Contest Procedures.
(a)  Decision. The announcer shall announce the decision at the end of the 
fight. A draw shall be called if each of the officials votes differently or any 
two vote a draw. In all contests, the total points the referee and judges give 
each contestant may be announced.
(b) Change in decision. A decision rendered at the end of any boxing contest 
shall not be changed unless the department determines that the compilation of 
the referee's and judges' scorecard shows a clerical or mathematical error which 
caused the decision to be given to the wrong boxer.
sec.76.115. Technical Requirements -Championship Contests.
(a)  National and international. Only championship contests sanctioned by 
department-recognized sanctioning organizations shall be approved by the 
department as championship contests. Before championship contests can be 
advertised, the contestants' contracts shall be on file with, and approved by 
the department.
(b) Rules. In a championship contest held in Texas, the department may approve 
changes in the rules governing conduct of contests to conform with international 
rules. A request for such changes shall be submitted to the department in 
writing at least 48 hours prior to the scheduled date of the contest.
sec.76.116. Technical Requirements -Amateur Contests.
(a)  Amateur status. Any club seeking nonprofit amateur tax-exempt status under 
this law, shall complete a department information form concerning ownership, 
affiliation, and other relevant information.
(b) Conduct of contests. All amateur contests where an admission fee is charged 
shall be conducted under the conditions contained in the Texas Boxing and 
Wrestling Act, sec.7(c).
(c) Rules. All amateur contests shall be conducted under the rules of the 
amateur associations, as approved by the department.
(d)  Departmental approval. Departmental approval shall be in writing.
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 11, 1991.
TRD-9112663
Larry E. Kosta
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-3127
       
TITLE 19. EDUCATION
Part II. Texas Education Agency
Chapter 75. Curriculum
Subchapter C. Essential Elements-Grade Seven-Eight
19 TAC sec.sec.75.41-75.44, 75.47-75.51
The Texas Education Agency proposes the amendments to sec. s75.41-75.44, 75. 47-
75.51, concerning the essential elements-grades seven-eight. 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 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 position. No new supplemental materials are needed for the 
teachers since the content is in place in the most recently adopted textbooks. 
There will be no fiscal implications for small businesses.
Dr. Psencik and Criss Cloudt, director for planning coordination, 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 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.75.41. English Language Arts.
(a) English language arts, grade seven (one unit).  <nl>Essential elements 
described in this subsection for English language arts, grade seven, shall be 
superseded by the essential elements described in subsection (h) of this section 
effective September 1993.<ol> English language arts, grade seven, shall include 
the following essential elements:
(1)-(5) (No change.)
(b) English language arts, grade eight (one unit).  <nl>Essential elements 
described in this subsection for English language arts, grade eight, shall be 
superseded by the essential elements described in subsection (i) of this section 
effective September 1993.<ol> English language arts, grade eight, shall include 
the following essential elements:
(1)-(5) (No change.)
(c) Reading, grade seven (one unit). <nl>Essential elements described in this 
subsection for reading, grade seven, shall be superseded by the essential 
elements described in subsection (j) of this section effective September 
1993.<ol> Reading, grade seven, shall include the following essential elements:
(1)-(4) (No change.)
(d) Reading, grade eight (one unit). <nl>Essential elements described in this 
subsection for reading, grade eight, shall be superseded by the essential 
elements described in subsection (k) of this section effective September 
1993.<ol> Reading, grade eight, shall include the following essential elements:
(1)-(4) (No change.)
(e) Reading improvement, grade seven (one unit). Reading improvement, grade 
seven, 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) apply phonic analysis;
[(B) use contextual clues;
[(C) use structural analysis; and
[(D) use the dictionary as a key to pronunciation.
[(2) Vocabulary development to understand written materials. The student shall 
be provided opportunities to:
[(A) choose appropriate meaning of multimeaning words; and
[(B) expand vocabulary in content areas.
[(3) Comprehension skills to gain meaning from whatever is read. The student 
shall be provided opportunities to:
[(A) select the directly stated or implied main idea in paragraphs and in longer 
selections;
[(B) recognize specific facts and details supporting the main idea;
[(C) arrange events in sequential order;
[(D) make inferences and draw conclusions;
[(E) distinguish between fact and opinion;
[(F) perceive cause and effect relationships; and
[(G) predict probable future outcomes or actions.
[(4) Reading skills applied to a variety of practical situations. The student 
shall be provided opportunities to:
[(A) follow a set of written directions;
[(B) use a card catalog and standard library references;
[(C) use parts of a book; and
[(D) use graphic sources: charts, graphs, maps, diagrams.]
(f) Reading improvement, grade eight (one unit). Reading improvement, grade 
eight, 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) demonstrate basic word attack skills: phonic analysis, structural analysis, 
contextual clues; and
[(B) use the dictionary as a key to pronunciation: phonetic respelling, 
syllabication, accents.
[(2) Vocabulary development to understand written materials. The student shall 
be provided opportunities to:
[(A) select the appropriate meaning of multimeaning words; and
[(B) recognize vocabularies associated with a variety of content areas.
[(3) Comprehension skills to gain meaning from whatever is read. The student 
shall be provided opportunities to:
[(A) identify the implied main idea;
[(B) choose supporting facts and details;
[(C) arrange events in sequential order;
[(D) perceive cause and effect relationships;
[(E) summarize and make generalizations; and
[(F) analyze information and make judgments on the basis of information given.
[(4) Reading skills applied to a variety of practical situations. The student 
shall be provided opportunities to:
[(A) follow written directions including substeps;
[(B) use various parts of a book: chapter headings, marginal notes, footnotes, 
appendices;
[(C) interpret graphic materials: diagrams, graphs, charts, maps, globes, 
schedules; and
[(D) use reference materials: dictionaries, encyclopedias, catalogs, almanacs, 
periodicals, newspapers.]
(g) Speech, grades seven and/or eight (one-half-one unit). <nl>Essential 
elements described in this subsection for speech, grades seven and/or eight, 
shall be superseded by the essential elements described in subsection (l) of 
this section effective September 1994.<ol> Speech, grades seven and/or eight, 
shall include the following essential elements:
(1)-(5) (No change.)
<nl>(h) English language arts, grade seven (one unit). Essential elements for 
English language arts, grade seven, as described in this subsection shall be 
effective September 1993. English language arts, grade seven, shall include the 
following essential elements which include recursive processes as well as 
products within integrated strands of English language arts.
<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;
<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; and
<nl>(B) speak fluently in different settings for a variety of purposes and 
audiences:
<nl>(i)<nl> use a variety of words to convey meaning;
<nl>(ii)<nl> describe personal ideas, feelings, and experiences;
<nl>(iii)<nl> entertain others with stories, poems, and dramatic activities;
<nl>(iv)<nl> give directions;
<nl>(v)<nl> share information;
<nl>(vi)<nl> persuade others using language appropriate to the listener; and
<nl>(vii)<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 written and oral 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;
<nl>(B) use materials from a variety of sources such as personal experience and 
a variety of literary forms;
<nl>(i)<nl> use various composition models as aids in developing writing skills; 
and
<nl>(ii)<nl> use aural and visual stimuli for writing;
<nl>(C) synthesize information from a variety of sources;
<nl>(D) use a variety of idea-generating strategies;
<nl>(E) select and narrow a topic for a specific purpose;
<nl>(F) write first drafts of compositions in a variety of formats for specific 
audiences and purposes in a variety of modes, including practical writing:
<nl>(i)<nl> write for expressive, informative, persuasive, and literary 
purposes;
<nl>(ii)<nl> use narrative, descriptive, classificatory, and evaluative modes;
<nl>(iii)<nl> write paragraphs, multi-paragraph compositions, and compositions 
synthesizing information from various sources; and
<nl>(iv)<nl> demonstrate clear and logical thinking in support and development 
of a central idea;
<nl>(G) revise compositions using a variety of techniques including self-
assessment, peer interaction, and conferences:
<nl>(i)<nl> revise content, organization, and topic development to address the 
purpose and audience effectively;
<nl>(ii)<nl> revise for effective word choice, including the appropriate use of 
formal and informal writing, transition, and clarity of language to convey 
intended meaning;
<nl>(iii)<nl> revise by combining sentence parts and sentences to produce a 
variety of sentence structures, including simple, compound, and complex, to 
convey intended meanings;
<nl>(iv)<nl> proofread final drafts for effective use of language; conventional 
usage and syntax; appropriate transition; conventional punctuation, 
capitalization, spelling, and manuscript form as well as legibility; and
<nl>(v)<nl> evaluate one's own writing as well as that of others;
<nl>(H) share products of written composition in a variety of ways; and
<nl>(I) use technology to enhance the written and oral composing processes.
<nl>(3) Integrated literature and reading concepts and strategies using a 
variety of literary forms (genres) and other meaningful forms of print. 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 setting, characterization, plot, and author's 
purpose and point of view;
<nl>(C) understand figurative language and sound devices as they contribute to 
meaning;
<nl>(D) develop literary appreciation:
<nl>(i)<nl> select books for individual needs and interests;
<nl>(ii)<nl> respond to various forms of literature representing the diversity 
of our cultural and literary heritage; and
<nl>(iii)<nl> participate in cooperative learning and a variety of oral 
activities to elicit meaning from literature;
<nl>(E) expand vocabulary including specialized vocabularies:
<nl>(i)<nl> use context and structural analysis to understand the meaning of 
words; and
<nl>(ii)<nl> choose appropriate meanings of multimeaning words;
<nl>(F) use comprehension strategies to construct meaning from text:
<nl>(i)<nl> set an appropriate purpose for reading and/or listening prior to 
engaging in reading and/or listening activities;
<nl>(ii)<nl> develop literal meaning through recognition of details and 
sequential order;
<nl>(iii)<nl> develop global meaning by analyzing a piece of text to identify 
the stated or implied main idea and to develop a summary;
<nl>(iv)<nl> develop inferential meaning by analyzing a variety of texts, 
including literature, using strategies such as determining cause and effect, 
predicting outcomes and future actions, and drawing conclusions;
<nl>(v)<nl> evaluate a variety of texts, including literature, using strategies 
such as distinguishing fact from opinion, making generalizations, and 
recognizing persuasive techniques;
<nl>(vi)<nl> identify the author's point of view and purpose; and
<nl>(vii)<nl> compare and contrast points of view on the same topic; and
<nl>(G) develop and use study strategies:
<nl>(i)<nl> follow written directions;
<nl>(ii)<nl> locate information using parts of a book;
<nl>(iii)<nl> locate information using the dictionary, encyclopedia and other 
library references, including data base searching strategies;
<nl>(iv)<nl> use and interpret graphic sources in meaningful context;
<nl>(v)<nl> prepare for subject area assignments;
<nl>(vi)<nl> adjust the method and rate of reading to the purpose of the 
material; and
<nl>(vii)<nl> develop note-taking and test-taking strategies in a variety of 
contexts.
<nl>(i) English language arts, grade eight (one unit). Essential elements for 
English language arts, grade eight, as described in this subsection shall be 
effective September 1993. English language arts, grade eight, shall include the 
following essential elements which include recursive processes as well as 
products within integrated strands of English language arts.
<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;
<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; and
<nl>(B) speak fluently in different settings for a variety of purposes and 
audiences:
<nl>(i)<nl> use a variety of words to convey meaning;
<nl>(ii)<nl> describe personal ideas, feelings, and experiences;
<nl>(iii)<nl> entertain others with stories, poems, and dramatic activities;
<nl>(iv)<nl> give directions;
<nl>(v)<nl> share information;
<nl>(vi)<nl> persuade others using language appropriate to the listener; and
<nl>(vii)<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 written and oral 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;
<nl>(B) use materials from a variety of sources such as personal experience and 
a variety of literary forms;
<nl>(i)<nl> use various composition models as aids in developing writing skills; 
and
<nl>(ii)<nl> use aural and visual stimuli for writing;
<nl>(C) synthesize information from a variety of sources;
<nl>(D) use a variety of idea-generating strategies;
<nl>(E) select and narrow a topic for a specific purpose;
<nl>(F) write first drafts of compositions in a variety of formats for specific 
audiences and purposes in a variety of modes including practical writing:
<nl>(i)<nl> write for expressive, informative, persuasive, and literary 
purposes;
<nl>(ii)<nl> use narrative, descriptive, classificatory, and evaluative modes;
<nl>(iii)<nl> write paragraphs, multi-paragraph compositions, and compositions 
synthesizing information from various sources; and
<nl>(iv)<nl> demonstrate clear and logical thinking in support and development 
of a central idea;
<nl>(G) revise compositions using a variety of techniques including self-
assessment, peer interaction, and conferences:
<nl>(i)<nl> revise content, organization, and topic development to address the 
purpose and audience effectively;
<nl>(ii)<nl> revise for effective word choice, including the appropriate use of 
formal and informal writing, transition, and clarity of language to convey 
intended meaning;
<nl>(iii)<nl> revise by combining sentence parts and sentences to produce a 
variety of sentence structures, including simple, compound, and complex, to 
convey intended meanings;
<nl>(iv)<nl> proofread final drafts for effective use of language; conventional 
usage and syntax; appropriate transition; conventional punctuation, 
capitalization, spelling, and manuscript form as well as legibility; and
<nl>(v)<nl> evaluate one's own writing as well as that of others;
<nl>(H) share products of written composition in a variety of ways; and
<nl>(I) use technology to enhance the written and oral composing processes.
<nl>(3) Integrated literature and reading concepts and strategies using a 
variety of literary forms (genres) and other meaningful forms of print. 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 setting, characterization, plot, mood, and 
author's purpose and point of view;
<nl>(C) understand figurative language and sound devices as they contribute to 
meaning;
<nl>(D) develop literary appreciation:
<nl>(i)<nl> select books for individual needs and interests;
<nl>(ii)<nl> respond to various forms of literature representing the diversity 
of our cultural and literary heritage; and
<nl>(iii)<nl> participate in cooperative learning and a variety of oral 
activities to elicit meaning from literature;
<nl>(E) expand vocabulary by including specialized vocabularies:
<nl>(i)<nl> use context and structural analysis to understand the meaning of 
words; and
<nl>(ii)<nl> choose appropriate meanings of multimeaning words;
<nl>(F) use comprehension strategies to construct meaning from text:
<nl>(i)<nl> set an appropriate purpose for reading and/or listening prior to 
engaging in reading and/or listening activities;
<nl>(ii)<nl> develop literal meaning through recognition of details and 
sequential order;
<nl>(iii)<nl> develop global meaning by analyzing a piece of text to identify 
the stated or implied main idea and to develop a summary;
<nl>(iv)<nl> develop inferential meaning by analyzing a variety of texts, 
including literature, using strategies such as determining cause and effect, 
predicting outcomes and future actions, and drawing conclusions;
<nl>(v)<nl> evaluate a variety of texts, including literature, using strategies 
such as distinguishing fact from opinion, making generalizations, and 
recognizing persuasive techniques;
<nl>(vi)<nl> identify the author's point of view and purpose; and
<nl>(vii)<nl> compare and contrast points of view on the same topic; and
<nl>(G) develop and use study strategies:
<nl>(i)<nl> follow written directions;
<nl>(ii)<nl> locate information using parts of a book;
<nl>(iii)<nl> locate information using the dictionary, encyclopedia, and other 
library references including data base searching strategies;
<nl>(iv)<nl> use and interpret graphic sources in meaningful context;
<nl>(v)<nl> prepare for subject area assignments;
<nl>(vi)<nl> adjust the method and rate of reading to the purpose of the 
material; and
<nl>(vii)<nl> develop note-taking and test-taking strategies in a variety of 
contexts.
<nl>(j) Reading, grade seven (one unit). Essential elements for reading, grade 
seven, as described in this subsection shall be effective September 1993. 
Reading, grade seven, shall include the following essential elements.
<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;
<nl>(iii)<nl> respond to a speaker by retelling what was heard, by asking 
questions, and/or contributing information; and
<nl>(iv)<nl> analyze and evaluate the intent and content of the speaker's 
message; and
<nl>(B) speak fluently in different settings for a variety of purposes and 
audiences:
<nl>(i)<nl> use a variety of words to convey meaning;
<nl>(ii)<nl> describe personal ideas, feelings, and experiences;
<nl>(iii)<nl> entertain others with stories, poems, and dramatic activities;
<nl>(iv)<nl> give directions;
<nl>(v)<nl> share information;
<nl>(vi)<nl> persuade others using language appropriate to the listener; and
<nl>(vii)<nl> develop skill in using the conventions of English to produce 
effective oral communication.
<nl>(2) Construct meaning. The student shall be presented opportunities to:
<nl>(A) expand vocabulary including specialized vocabularies:
<nl>(i)<nl> use context to understand the meaning of words; and
<nl>(ii)<nl> choose appropriate meanings of multimeaning words;
<nl>(B) use comprehension strategies to construct meaning from text:
<nl>(i)<nl> develop literal meaning through recognition of relevant details and 
sequential order;
<nl>(ii)<nl> develop global meaning by analyzing a piece of text to identify the 
stated or implied main idea and to develop a summary;
<nl>(iii)<nl> develop inferential meaning by analyzing literature using 
strategies such as determining cause and effect, predicting outcomes, and 
drawing conclusions;
<nl>(iv)<nl> evaluate literature using strategies such as distinguishing fact 
from opinion, making generalizations, recognizing forms of propaganda and 
persuasive techniques; and
<nl>(v)<nl> identify the author's point of view and purpose;
<nl>(C) develop and use study strategies:
<nl>(i)<nl> follow written directions;
<nl>(ii)<nl> locate information using parts of a book;
<nl>(iii)<nl> locate information using the dictionary, encyclopedia, and other 
library references, including data base searching strategies;
<nl>(iv)<nl> use and interpret graphic sources;
<nl>(v)<nl> prepare for subject area assignments;
<nl>(vi)<nl> adjust the method and rate of reading to the purpose and type of 
material; and
<nl>(vii)<nl> develop note-taking and test-taking strategies in a variety of 
contexts; and
<nl>(D) develop literary appreciation:
<nl>(i)<nl> select books for individual needs and interests;
<nl>(ii)<nl> respond to various forms of literature representing the diversity 
of our cultural and literary heritage;
<nl>(iii)<nl> understand and analyze setting, characterization, story line, 
author's technique, and point of view to gain meaning; and
<nl>(iv)<nl> understand sound devices and figurative language as they contribute 
to meaning.
<nl>(3) Construct implicit and explicit meaning from oral and written 
communication, including student writing. The student shall be presented 
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; and
<nl>(E) respond to text or to a speaker by writing to extend ideas.
<nl>(k) Reading, grade eight (one unit). Essential elements for reading, grade 
eight, as described in this subsection shall be effective September 1993. 
Reading, grade eight, shall include the following essential elements.
<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;
<nl>(iii)<nl> respond to a speaker by retelling what was heard, by asking 
questions, and/or contributing information; and
<nl>(iv)<nl> analyze and evaluate the intent and content of the speaker's 
message; and
<nl>(B) speak fluently in different settings for a variety of purposes and 
audiences:
<nl>(i)<nl> use a variety of words to convey meaning;
<nl>(ii)<nl> describe personal ideas, feelings, and experiences;
<nl>(iii)<nl> entertain others with stories, poems, and dramatic activities;
<nl>(iv)<nl> give directions;
<nl>(v)<nl> share information;
<nl>(vi)<nl> persuade others using language appropriate to the listener; and
<nl>(vii)<nl> develop skill in using the conventions of English to produce 
effective oral communication.
<nl>(2) Construct meaning. The student shall be presented opportunities to:
<nl>(A) expand vocabulary including specialized vocabularies:
<nl>(i)<nl> use context to understand the meaning of words; and
<nl>(ii)<nl> choose appropriate meanings of multimeaning words;
<nl>(B) use comprehension strategies to construct meaning from text:
<nl>(i)<nl> develop literal meaning through recognition of relevant details and 
sequential order;
<nl>(ii)<nl> develop global meaning by analyzing a piece of text to identify the 
stated or implied main idea and to develop a summary;
<nl>(iii)<nl> develop inferential meaning by analyzing literature using 
strategies such as determining cause and effect, predicting outcomes and future 
actions, and drawing conclusions;
<nl>(iv)<nl> evaluate literature using strategies such as distinguishing fact 
from opinion, making generalizations, recognizing forms of propaganda and 
persuasive techniques; and
<nl>(v)<nl> identify the author's point of view and purpose;
<nl>(C) develop and use study strategies:
<nl>(i)<nl> follow written directions;
<nl>(ii)<nl> locate information using parts of a book;
<nl>(iii)<nl> locate information using the dictionary, encyclopedia, and other 
library references, including data base searching strategies;
<nl>(iv)<nl> use and interpret graphic sources;
<nl>(v)<nl> prepare for subject area assignments;
<nl>(vi)<nl> adjust the method and rate of reading to the purpose and type of 
material; and
<nl>(vii)<nl> develop note-taking and test-taking strategies in a variety of 
contexts; and
<nl>(D) develop literary appreciation:
<nl>(i)<nl> select books for individual needs and interests;
<nl>(ii)<nl> respond to various forms of literature representing the diversity 
of our cultural and literary heritage;
<nl>(iii)<nl> understand and analyze setting, characterization, story line, 
mood, and author's purpose and point of view;
<nl>(iv)<nl> understand sound devices and figurative language as they contribute 
to meaning; and
<nl>(v)<nl> recognize the basic types of characteristics of nonfiction.
<nl>(3) Integrated listening, speaking, reading, and writing strategies applied 
to a variety of purposeful language situations. The student shall be presented 
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; and
<nl>(E) respond to text or to a speaker by writing to extend ideas.
<nl>(l) Speech, grades seven and/or eight (one-half-one unit). Essential 
elements for speech, grade seven and/or eight, as described in this subsection 
shall be effective September 1994. Speech, grades seven and/or eight, shall 
include the following essential elements.
<nl>(1) The competent communicator. The student shall be provided opportunities 
to:
<nl>(A) demonstrate awareness of the importance of communication in social, 
academic, citizenship, and occupational roles;
<nl>(B) demonstrate awareness of the basic components of the communication 
process and their inter-relatedness;
<nl>(C) demonstrate awareness of the basic components of the listening process 
and their inter-relatedness;
<nl>(D) demonstrate awareness of the process for building self-esteem by 
examining personal uniqueness;
<nl>(E) demonstrate awareness of how personal perception of self and others 
impacts communication;
<nl>(F) demonstrate awareness of the role of individual needs and values in 
determining communication choices;
<nl>(G) demonstrate awareness of the importance of exercising personal 
responsibility in making communication choices; and
<nl>(H) demonstrate awareness of the importance of verbal, nonverbal, and 
listening skills for developing communication effectiveness.
<nl>(2) The competent communicator -informing. The student shall be provided 
opportunities to:
<nl>(A) demonstrate skill in interpersonal conversations for the purpose of 
requesting, providing, and acting upon information;
<nl>(B) demonstrate competence in gathering, recording, organizing, evaluating, 
and using information from a variety of primary and secondary sources for 
meeting personal needs; participating in interviews, conversations, and 
discussions; presenting speeches; and evaluating information given by others;
<nl>(C) demonstrate competence in verbal, nonverbal, and listening skills by 
participating in interviews and group discussions for the purpose of imparting 
information to an audience;
<nl>(D) demonstrate competence in public communication by preparing, organizing, 
writing, and adapting notes for an informative speech;
<nl>(E) demonstrate competence in using effective rehearsal techniques to reduce 
communication apprehension, build self-confidence, and facilitate command of 
ideas and information;
<nl>(F) demonstrate effective use of verbal and nonverbal behaviors in 
presenting speeches;
<nl>(G) demonstrate effective use of critical listening skills in responding to 
speeches; and
<nl>(H) demonstrate awareness of effective skills in listening and notetaking 
for academic achievement.
<nl>(3) The competent communicator -expressing and responding to feelings. The 
student shall be provided opportunities to:
<nl>(A) demonstrate skills in describing feelings related to a variety of 
intrapersonal and interpersonal situations;
<nl>(B) demonstrate skills in empathic listening by responding appropriately to 
feelings of others in interpersonal and group situations;
<nl>(C) demonstrate effective verbal and nonverbal strategies for expressing 
agreement or disagreement in interpersonal and group situations;
<nl>(D) demonstrate skills for public expression of feelings by giving a speech 
on a topic of personal interest or concern; and
<nl>(E) demonstrate skills in empathic and recreational listening and responding 
by describing personal responses to class, public, or media presentations of 
speeches or other types of performances.
<nl>(4) The competent communicator -participating in social rituals. The student 
shall be provided opportunities to:
<nl>(A) demonstrate awareness of the importance of social ritual to human 
interaction;
<nl>(B) demonstrate skills in a variety of interpersonal rituals such as making 
and acknowledging introductions, making and receiving telephone calls, and 
giving and accepting praise and criticism;
<nl>(C) demonstrate skill in conducting and/or participating in a group meeting 
through the use of parliamentary procedure;
<nl>(D) demonstrate skill in participating in public rituals such as introducing 
a speaker, presenting or accepting an award, or extending a welcome or farewell;
<nl>(E) demonstrate skill in a public ritual by making a speech for a special 
occasion; and
<nl>(F) demonstrate awareness of standards for public ritual by reporting 
responses to appropriate class, public, or media speeches or ceremonies.
<nl>(5) The competent communicator -persuading. The student shall be provided 
opportunities to:
<nl>(A) demonstrate skill for persuading in a variety of interpersonal 
situations such as accepting or rejecting peer pressure and making and 
responding to requests or commands;
<nl>(B) demonstrate verbal, nonverbal, and listening skills by participating in 
group discussion and activity for resolving issues and solving problems;
<nl>(C) demonstrate skills in analyzing various kinds of proofs, appeals, and 
language strategies used for persuading;
<nl>(D) demonstrate skill in persuading through the preparation and presentation 
of a persuasive speech;
<nl>(E) demonstrate skill in persuading through participation in informal or 
formal debate focused on contemporary controversial issues; and
<nl>(F) demonstrate skill in critical listening by analyzing, evaluating, and 
responding to class presentations, public speeches, or media or advertising 
presentations.
<nl>(6) The competent communicator -imagining. The student shall be provided 
opportunities to:
<nl>(A) demonstrate skills in explaining or predicting outcomes or solving 
problems based on intrapersonal/interpersonal situations;
<nl>(B) demonstrate verbal and nonverbal skills to tell folk or original stories 
to an audience;
<nl>(C) demonstrate skill in interpreting literature by selecting, analyzing, 
adapting, and performing prose, poetry, and/or dramatic selections as an 
individual or group; and
<nl>(D) demonstrate skills in critical and appreciative listening by reporting 
personal responses to class, public, or media performances of literature.
sec.75.42. Other Languages. <ol> School districts are  <nl>strongly<ol> 
encouraged to offer other languages<nl> in grades seven and eight <ol> [to the 
extent possible]. For districts which offer other languages in grades seven 
<nl>and/or<ol> [-] eight <nl>(one-two<ol> [two] units), the essential elements 
shall be those designated as Levels I <nl>,<ol> [or] II<nl>, III,<ol> and 
exploratory languages (one-half-one unit) in sec.75.62 of this title (relating 
to Other Languages). <nl>Districts may offer a level of a language in a two-year 
sequence or during one year when careful consideration is given to the language 
ability of students and the instructional time available on a campus.
sec.75.43. Mathematics.
(a) Mathematics, grade seven (one unit). Mathematics, grade seven, shall include 
the following essential elements.
<nl>(1) Problem solving-Experience in solving problems designed to 
systematically develop students' problem-solving abilities through a variety of 
strategies and approaches. The student shall be provided opportunities to engage 
in the following types of activities:
<nl>(A) develop an organized approach to solving application and nonroutine 
problems appropriate for grade seven;
<nl>(B) analyze problems by identifying relationships, discriminating relevant 
from irrelevant information, sequencing, observing patterns, prioritizing, and 
questioning;
<nl>(C) communicate an understanding of a problem by describing and discussing 
the problem and recording the relevant information;
<nl>(D) select appropriate strategies from a variety of approaches;
<nl>(E) select appropriate materials and methods for solutions; and
<nl>(F) generate and extend problems.
<nl>(2) Patterns, relations, and functions-use of models and patterns to develop 
the algebraic concepts of relations and functions. The student shall be provided 
opportunities to:
<nl>(A) investigate patterns generated by repeating and terminating decimals;
<nl>(B) build a concrete model of a functional relationship and describe the 
relationship using function notation;
<nl>(C) introduce the concept of using letters to represent variables;
<nl>(D) develop the concept of operations with variables using concrete 
materials as models;
<nl>(E) investigate solutions to simple open sentences (equalities and 
inequalities);
<nl>(F) evaluate algebraic expressions using mental calculations and calculators 
when appropriate; and
<nl>(G) formulate a possible problem when given a simple equation.
<nl>(3) Number and numeration concepts-concepts and skills associated with the 
understanding of numbers and the place value system. The student shall be 
provided opportunities to:
<nl>(A) convert between fractions, decimals, whole numbers, and percents 
mentally, on paper, and with a calculator;
<nl>(B) compare and order integers;
<nl>(C) explore the absolute value of an integer;
<nl>(D) simplify expressions involving exponents using a calculator when 
appropriate;
<nl>(E) develop the meaning of squares and square roots using geometric models; 
and
<nl>(F) express numbers in scientific notation including numbers less than one 
using a calculator when appropriate.
<nl>(4) Operations and computation -use of manipulatives to develop the concepts 
of basic operations on numbers and to apply these concepts to the computational 
algorithms. The student shall be provided opportunities to:
<nl>(A) select an appropriate operation and/or strategy to solve a problem and 
justify the selection;
<nl>(B) use the order of operations to solve multi-step problems using a 
calculator when appropriate;
<nl>(C) add, subtract, multiply, and divide fractions and mixed numbers 
resulting from problem situations;
<nl>(D) add, subtract, multiply, and divide integers resulting from problem 
situations using models and connecting to rules;
<nl>(E) write and solve a simple inequality resulting from a problem situation 
and graph the solution on a number line;
<nl>(F) write and solve simple linear equations from problem situations and 
check the reasonableness of the results;
<nl>(G) use proportions to solve a variety of problems; and
<nl>(H) estimate solutions to problems using decimals and percent.
<nl>(5) Measurement-concepts and skills using metric and customary units. The 
student shall be provided opportunities to:
<nl>(A) investigate the relationship between the perimeter and the area of a 
polygon;
<nl>(B) develop the concept of volume for prisms/cylinders as the product of the 
area of the base and the height, using models;
<nl>(C) develop the concept of volume for cones/pyramids as one-third the 
product of the area of the base and the height, using models;
<nl>(D) explore surface area of three-dimensional figures using concrete models 
and graphing technology when appropriate;
<nl>(E) estimate and solve application and nonroutine problems involving volume; 
and
<nl>(F) explore the relationships between the dimensions and the volumes of 
similar solids by changing one of the dimensions.
<nl>(6) Geometry-properties and relationships of geometric shapes and their 
applications. The student shall be provided opportunities to:
<nl>(A) identify parts and characteristics of common geometric figures;
<nl>(B) develop the concept of the Pythagorean Theorem using several different 
approaches;
<nl>(C) classify triangles and quadrilaterals by sides and angles;
<nl>(D) construct an angle bisector, the bisector of a segment, perpendicular 
lines, parallel lines, and triangles;
<nl>(E) construct a model of a three-dimensional figure when given the top, 
side, and front views;
<nl>(F) use the properties and relationships of two- and three-dimensional 
figures to solve problems; and
<nl>(G) apply geometry to such areas as art, architecture, construction, etc.
<nl>(7) Probability, statistics, and graphing-use of probability and statistics 
to collect and interpret data. The student shall be provided opportunities to:
<nl>(A) compare different graphic representations of the same data to determine 
the appropriateness of the graph;
<nl>(B) use box and whisker graphs, stem and leaf plots, and histograms to 
display information in ways that illustrate the appropriate uses of mean, 
median, and mode;
<nl>(C) draw inferences and construct convincing arguments based on data 
analysis;
<nl>(D) investigate and recognize misuses of statistical or numeric information;
<nl>(E) construct sample spaces by using listing, tree diagrams, and frequency 
distribution tables;
<nl>(F) find the probability of simple events; and
<nl>(G) use permutations and combinations in application problems.
[(1) Concepts and skills associated with the understanding of numbers (whole, 
integer, and rational) and the place-value system. The student shall be provided 
opportunities to:
[(A) investigate the history of numeration systems;
[(B) round whole numbers and decimals;
[(C) use scientific notation;
[(D) factor (primes and composites);
[(E) find the least common multiple;
[(F) find the greatest common factor;
[(G) use fractions, decimals, ratio, and percent;
[(H) use integers; and
[(I) use exponential notation.
[(2) The basic operations on numbers (addition, subtraction, multiplication, 
division), their properties, and their uses. The student shall be provided 
opportunities to:
[(A) add, subtract, multiply, and divide rational numbers; and
[(B) use exponents.
[(3) Experience in solving problems by selecting and matching strategies to 
given situations. The student shall be provided opportunities to:
[(A) estimate solutions;
[(B) solve simple linear equations and inequalities;
[(C) use basic operations;
[(D) apply geometric concepts;
[(E) use denominate numbers in problem solving;
[(F) use proportion and percent; and
[(G) practice skills in personal finance.
[(4) Measurement concepts and skills using metric and customary units. The 
student shall be provided opportunities to:
[(A) use metric and customary units;
[(B) convert within the metric system;
[(C) determine perimeter and circumference;
[(D) find area, surface area, and volume; and
[(E) apply skills.
[(5) Properties and relationships of geometric shapes and their applications. 
The student shall be provided opportunities to:
[(A) use points to define lines, rays, angles, and planes;
[(B) understand properties and definitions of two- and three-dimensional 
figures;
[(C) use similarity, congruence, and symmetry;
[(D) construct geometric figures; and
[(E) apply skills.
[(6) The representation of numbers on a line and pairs of numbers on a 
coordinate plane. The student shall be provided opportunities to:
[(A) graph on a coordinate plane:
[(i) similar figures;
[(ii) reflection images; and
[(iii) linear equations; and
[(B) apply skills.
[(7) The use of probability and statistics to collect and interpret data. The 
student shall be provided opportunities to:
[(A) use frequency distributions;
[(B) find the mean, median, and mode;
[(C) interpret and construct charts and graphs;
[(D) use simple event probability; and
[(E) apply skills.
[(8) Investigating the use of computing devices and their capabilities. The 
student shall be provided opportunities to use calculators and/or computers to 
solve mathematics problems.]
(b) Mathematics, grade eight (one unit). Mathematics, grade eight, shall include 
the following essential elements.
<nl>(1) Problem solving-experience in solving problems designed to 
systematically develop students' problem-solving abilities through a variety of 
strategies and approaches. The student shall be provided opportunities to engage 
in the following types of activities:
<nl>(A) develop an organized approach to solving application and nonroutine 
problems appropriate for grade eight;
<nl>(B) analyze problems by identifying relationships, discriminating relevant 
from irrelevant information, sequencing, observing patterns, prioritizing, and 
questioning;
<nl>(C) communicate an understanding of a problem by describing and discussing 
the problem and recording the relevant information;
<nl>(D) select appropriate strategies from a variety of approaches;
<nl>(E) select appropriate materials and methods for solutions; and
<nl>(F) generate and extend problems.
<nl>(2) Patterns, relations, and functions-use of models and patterns to develop 
the algebraic concepts of relations and functions. The student shall be provided 
opportunities to:
<nl>(A) use patterns to develop the concept of negative exponents;
<nl>(B) extend function notation from concrete models to graphic 
representations;
<nl>(C) generate ordered pairs with and without a calculator to graph linear 
equations;
<nl>(D) investigate compound statements as they apply to simple reasoning 
situations (and, or, if, if not); and
<nl>(E) extend the investigation of number patterns such as those found in 
Pascal's triangle and the Fibonacci sequence.
<nl>(3) Number and numeration concepts-concepts and skills associated with the 
understanding of numbers and the place value system. The student shall be 
provided opportunities to:
<nl>(A) extend scientific notation to numbers with a wide range of values using 
a calculator when appropriate;
<nl>(B) compare and order rational numbers;
<nl>(C) apply the concept of significant digits to solving problems with a 
calculator;
<nl>(D) investigate irrational numbers and their representations on a calculator 
as they arise from problem situations;
<nl>(E) describe the properties of terminating, repeating, and non-repeating 
decimals and convert between fractions and decimals; and
<nl>(F) extend basic number concepts and properties to algebraic applications.
<nl>(4) Operations and computation -use of manipulatives to develop the concepts 
of basic operations on numbers and to apply these concepts to the computational 
algorithms. The student shall be provided opportunities to:
<nl>(A) select an appropriate operation and/or strategy to solve a problem and 
justify the selection;
<nl>(B) estimate and solve application problems involving percent;
<nl>(C) add, subtract, multiply, and divide rational numbers in problem 
situations;
<nl>(D) estimate and solve application problems by writing and solving simple 
linear equations; and
<nl>(E) solve linear equations and inequalities with integer, fraction, and 
decimal solutions.
<nl>(5) Measurement-concepts and skills using metric and customary units. The 
student shall be provided opportunities to:
<nl>(A) estimate and solve application and nonroutine problems involving surface 
area and volume;
<nl>(B) solve right triangle problems using the Pythagorean theorem, indirect 
measurement, and the properties of 30-60-90 and 45-45-90 triangles;
<nl>(C) use precision and relative error, given the degree of accuracy required 
and the nature of a particular problem situation;
<nl>(D) use the concept of volume for prisms/cylinders as the product of the 
area of the base and the height; and
<nl>(E) use the concept of volume for cones/pyramids as one-third the product of 
the area of the base and the height.
<nl>(6) Geometry-properties and relationships of geometric shapes and their 
applications. The student shall be provided opportunities to:
<nl>(A) find the missing parts of similar figures;
<nl>(B) investigate the relationships between angles formed when parallel lines 
are cut by a transversal using graphing technology when appropriate;
<nl>(C) use a variety of methods to perform basic constructions;
<nl>(D) construct a geometric figure congruent to a given figure;
<nl>(E) draw three-dimensional figures from different perspectives;
<nl>(F) graph similar figures, reflections, translations, linear equations, and 
linear inequalities on a coordinate plane; and
<nl>(G) use geometry to solve problems in such areas as art, architecture, 
construction, etc.
<nl>(7) Probability, statistics, and graphing-use of probability and statistics 
to collect and interpret data. The student shall be provided opportunities to:
<nl>(A) understand and apply reasoning with proportions in problem situations;
<nl>(B) select an appropriate format for presenting collected data;
<nl>(C) evaluate arguments based on data analysis;
<nl>(D) find the probability of simple and compound events;
<nl>(E) use mathematical probabilities and experimental results for making 
predictions and decisions; and
<nl>(F) investigate bias to determine validation of an inference made from a set 
of data.
[(1) Concepts and skills associated with the understanding of numbers (whole, 
integer, and rational) and the place-value system. The student shall be provided 
opportunities to:
[(A) use exponential notation;
[(B) round whole numbers and decimals;
[(C) determine significant digits;
[(D) use scientific notation;
[(E) factor;
[(F) use ratio and percent; and
[(G) use integers.
[(2) The basic operations on numbers (addition, subtraction, multiplication, 
division), their properties and their uses. The student shall be provided 
opportunities to:
[(A) demonstrate rational number properties;
[(B) add, subtract, multiply, and divide rational numbers; and
[(C) find the absolute value.
[(3) Experience in solving problems by selecting and matching strategies to 
given situations. The student shall be provided opportunities to:
[(A) estimate solutions;
[(B) write and solve equations;
[(C) solve problems using denominate numbers;
[(D) apply geometric concepts;
[(E) apply proportion and percent;
[(F) use graphs;
[(G) use probability and statistics; and
[(H) practice skills in personal finance.
[(4) Measurement concepts and skills using metric and customary units. The 
student shall be provided opportunities to:
[(A) use metric and customary units;
[(B) convert within the metric system;
[(C) recognize precision;
[(D) find area, surface area, and volume; and
[(E) apply skills.
[(5) Properties and relationships of geometric shapes and their applications. 
The student shall be provided opportunities to:
[(A) use right triangle geometry with:
[(i) Pythagorean property;
[(ii) similarity;
[(iii) indirect measurement; and
[(iv) ratios;
[(B) apply skills; and
[(C) construct geometric figures.
[(6) The representation of numbers on a line and pairs of numbers on a 
coordinate plane. The student shall be provided opportunities to:
[(A) graph on a coordinate plane:
[(i) translations and reflections;
[(ii) linear equations; and
[(iii) nonlinear graphs; and
[(B) apply skills.
[(7) The use of probability and statistics to collect and interpret data. The 
student shall be provided opportunities to:
[(A) use counting methods and factorials;
[(B) draw Venn diagrams;
[(C) find the probability of simple and compound events;
[(D) use tables and graphs;
[(E) find the mean, median, and mode;
[(F) make predictions; and
[(G) apply skills.
[(8) Investigating the use of computing devices and their capabilities. The 
student shall be provided opportunities to:
[(A) use calculators and/or computers to solve mathematics problems; and
[(B) determine limitations and strengths.
[(c) Mathematics, grade seven. Essential elements for mathematics, grade seven, 
as described in this subsection shall be effective September 1991. Mathematics, 
grade seven, shall include the following essential elements:
[(1) Problem solving. Experience in solving problems designed to systematically 
develop students' problem-solving abilities through a variety of strategies and 
approaches. The student shall be provided opportunities to engage in the 
following types of activities:
[(A) develop an organized approach to solving application and nonroutine 
problems appropriate for grade seven;
[(B) analyze problems by identifying relationships, discriminating relevant from 
irrelevant information, sequencing, observing patterns, prioritizing, and 
questioning;
[(C) communicate an understanding of a problem by describing and discussing the 
problem and recording the relevant information;
[(D) select appropriate strategies from a variety of approaches;
[(E) select appropriate materials and methods for solutions; and
[(F) generate and extend problems.
[(2) Patterns, relations, and functions. Use of models and patterns to develop 
the algebraic concepts of relations and functions. The student shall be provided 
opportunities to:
[(A) investigate patterns generated by repeating and terminating decimals;
[(B) build a concrete model of a functional relationship and describe the 
relationship using function notation;
[(C) introduce the concept of using letters to represent variables;
[(D) develop the concept of operations with variables using concrete materials 
as models;
[(E) investigate solutions to simple open sentences (equalities and 
inequalities);
[(F) evaluate algebraic expressions using mental calculations and calculators 
when appropriate; and
[(G) formulate a possible problem when given a simple equation.
[(3) Number and numeration concepts. Concepts and skills associated with the 
understanding of numbers and the place value system. The student shall be 
provided opportunities to:
[(A) convert between fractions, decimals, whole numbers, and percents mentally, 
on paper, and with a calculator;
[(B) compare and order integers;
[(C) explore the absolute value of an integer;
[(D) simplify expressions involving exponents using a calculator when 
appropriate;
[(E) develop the meaning of squares and square roots using geometric models; and
[(F) express numbers in scientific notation including numbers less than one 
using a calculator when appropriate.
[(4) Operations and computation. Use of manipulatives to develop the concepts of 
basic operations on numbers and to apply these concepts to the computational 
algorithms. The student shall be provided opportunities to:
[(A) select an appropriate operation and/or strategy to solve a problem and 
justify the selection;
[(B) use the order of operations to solve multi-step problems using a calculator 
when appropriate;
[(C) add, subtract, multiply, and divide fractions and mixed numbers resulting 
from problem situations;
[(D) add, subtract, multiply, and divide integers resulting from problem 
situations using models and connecting to rules;
[(E) write and solve a simple inequality resulting from a problem situation and 
graph the solution on a number line;
[(F) write and solve simple linear equations from problem situations and check 
the reasonableness of the results;
[(G) use proportions to solve a variety of problems; and
[(H) estimate solutions to problems using decimals and percent.
[(5) Measurement. Concepts and skills using metric and customary units. The 
student shall be provided opportunities to:
[(A) investigate the relationship between the perimeter and the area of a 
polygon;
[(B) develop the concept of volume for prisms/cylinders as the product of the 
area of the base and the height, using models;
[(C) develop the concept of volume of cones/pyramids as one-third the product of 
the area of the base and the height, using models;
[(D) explore surface area of three-dimensional figures using concrete models and 
graphing technology when appropriate;
[(E) estimate and solve application and nonroutine problems involving volume; 
and
[(F) explore the relationships between the dimensions and the volumes of similar 
solids by changing one of the dimensions.
[(6) Geometry. Properties and relationships of geometric shapes and their 
applications. The student shall be provided opportunities to:
[(A) identify parts and characteristics of common geometric figures;
[(B) develop the concept of the Pythagorean Theorem using several different 
approaches;
[(C) classify triangles and quadrilaterals by sides and angles;
[(D) construct an angle bisector, the bisector of a segment, perpendicular 
lines, parallel lines, and triangles;
[(E) construct a model of a three-dimensional figure when given the top, side, 
and front views;
[(F) use the properties and relationships of two- and three-dimensional figures 
to solve problems; and
[(G) apply geometry to such areas as art, architecture, construction, etc.
[(7) Probability, statistics, and graphing. Use of probability and statistics to 
collect and interpret data. The student shall be provided opportunities to:
[(A) compare different graphic representations of the same data to determine the 
appropriateness of the graph;
[(B) use box and whisker graphs, stem and leaf plots, and histograms to display 
information in ways that illustrate the appropriate uses of mean, median, and 
mode;
[(C) draw inferences and construct convincing arguments based on data analysis;
[(D) investigate and recognize misuses of statistical or numeric information;
[(E) construct sample spaces by using listing, tree diagrams, and frequency 
distribution tables;
[(F) find the probability of simple events; and
[(G) use permutations and combinations in application problems.
[(d) Mathematics, grade eight. Essential elements for mathematics, grade eight, 
as described in this subsection shall be effective September 1991. Mathematics, 
grade eight, shall include the following essential elements:
[(1) Problem solving. Experience in solving problems designed to systematically 
develop students' problem-solving abilities through a variety of strategies and 
approaches. The student shall be provided opportunities to engage in the 
following types of activities:
[(A) develop an organized approach to solving application and nonroutine 
problems appropriate for grade eight;
[(B) analyze problems by identifying relationships, discriminating relevant from 
irrelevant information, sequencing, observing patterns, prioritizing, and 
questioning;
[(C) communicate an understanding of a problem by describing and discussing the 
problem and recording the relevant information;
[(D) select appropriate strategies from a variety of approaches;
[(E) select appropriate materials and methods for solutions; and
[(F) generate and extend problems.
[(2) Patterns, relations, and functions. Use of models and patterns to develop 
the algebraic concepts of relations and functions. The student shall be provided 
opportunities to:
[(A) use patterns to develop the concept of negative exponents;
[(B) extend function notation from concrete models to graphic representations;
[(C) generate ordered pairs with and without a calculator to graph linear 
equations;
[(D) investigate compound statements as they apply to simple reasoning 
situations (and, or, if, if not); and
[(E) extend the investigation of number patterns such as those found in Pascal's 
triangle and the Fibonacci sequence.
[(3) Number and numeration concepts. Concepts and skills associated with the 
understanding of numbers and the place value system. The student shall be 
provided opportunities to:
[(A) extend scientific notation to numbers with a wide range of values using a 
calculator when appropriate;
[(B) compare and order rational numbers;
[(C) apply the concept of significant digits to solving problems with a 
calculator;
[(D) investigate irrational numbers and their representations on a calculator as 
they arise from problem situations;
[(E) describe the properties of terminating, repeating, and non-repeating 
decimals and convert between fractions and decimals; and
[(F) extend basic number concepts and properties to algebraic applications.
[(4) Operations and computation. Use of manipulatives to develop the concepts of 
basic operations on numbers and to apply these concepts to the computational 
algorithms. The student shall be provided opportunities to:
[(A) select an appropriate operation and/or strategy to solve a problem and 
justify the selection;
[(B) estimate and solve application problems involving percent;
[(C) add, subtract, multiply, and divide rational numbers in problem situations;
[(D) estimate and solve application problems by writing and solving simple 
linear equations; and
[(E) solve linear equations and inequalities with integer, fraction, and decimal 
solutions.
[(5) Measurement. Concepts and skills using metric and customary units. The 
student shall be provided opportunities to:
[(A) estimate and solve application and nonroutine problems involving surface 
area and volume;
[(B) solve right triangle problems using the Pythagorean theorem, indirect 
measurement, and the properties of 30-60-90 and 45-45-90 triangles;
[(C) use precision and relative error, given the degree of accuracy required and 
the nature of a particular problem situation;
[(D) use the concept of volume for prisms/cylinders as the product of the area 
of the base and the height; and
[(E) use the concept of volume for cones/pyramids as one-third the product of 
the area of the base and the height.
[(6) Geometry. Properties and relationships of geometric shapes and their 
applications. The student shall be provided opportunities to:
[(A) find the missing parts of similar figures;
[(B) investigate the relationships between angles formed when parallel lines are 
cut by a transversal using graphing technology when appropriate;
[(C) use a variety of methods to perform basic constructions;
[(D) construct a geometric figure congruent to a given figure;
[(E) draw three-dimensional figures from different perspectives;
[(F) graph similar figures, reflections, translations, linear equations, and 
linear inequalities on a coordinate plane; and
[(G) use geometry to solve problems in such areas as art, architecture, 
construction, etc.
[(7) Probability, statistics, and graphing. Use of probability and statistics to 
collect and interpret data. The student shall be provided opportunities to:
[(A) understand and apply reasoning with proportions in problem situations;
[(B) select an appropriate format for presenting collected data;
[(C) evaluate arguments based on data analysis;
[(D) find the probability of simple and compound events;
[(E) use mathematical probabilities and experimental results for making 
predictions and decisions; and
[(F) investigate bias to determine validation of an inference made from a set of 
data.]
sec.75.44. Science.
(a) Life science (one unit). <nl>Essential elements described in this subsection 
for life science shall be superseded by the essential elements described in 
subsection (c) of this section effective September 1994.<ol> Life science shall 
be a laboratory-oriented course and shall include the following essential 
elements.
(1)-(11) (No change.)
(b) Earth science (one unit). <nl>Essential elements described in this 
subsection for earth science shall be superseded by the essential elements 
described in subsection (f) of this section effective September 1995.<ol> Earth 
science shall be a laboratory-oriented course and shall include the following 
essential elements.
(1)-(10) (No change.)
<nl>(c) Life science (one unit). Essential elements for life science as 
described in this subsection shall be effective September 1994. Life science 
shall be a laboratory/field oriented course and shall include the following 
essential elements.
<nl>(1) Manipulating laboratory materials 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 lab techniques.
<nl>(2) 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 life science processes and properties.
<nl>(3) Sequencing, ordering, and classifying scientific data and information. 
The student shall be provided opportunities to:
<nl>(A) arrange time, events, and activities in sequential order; and
<nl>(B) classify life science processes and properties.
<nl>(4) Communicating scientific data and information. The student shall be 
provided opportunities to:
<nl>(A) identify and describe objects, organisms, events, and processes;
<nl>(B) record data from graphs, tables, maps, and other visuals; and
<nl>(C) describe technological advances.
<nl>(5) Interpreting scientific data and information. The student shall be 
provided opportunities to:
<nl>(A) interpret data about models, objects, organisms, actions, events and 
processes;
<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) 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) Identifying a problem, formulating a hypothesis and designing and 
conducting a scientific investigation. The student shall be provided 
opportunities to:
<nl>(A) use appropriate equipment and materials;
<nl>(B) collect measurement data;
<nl>(C) identify a problem;
<nl>(D) formulate a hypothesis;
<nl>(E) identify and manipulate the conditions of a life science investigation;
<nl>(F) design and conduct life science investigations to test a hypothesis;
<nl>(G) recognize and describe changes in objects, organisms, events, processes, 
phenomena over time; and
<nl>(H) recognize factors that govern changes in objects, organisms, events, 
processes, phenomena over time.
<nl>(8) Drawing conclusions about the processes and outcomes of a scientific 
investigation. The student shall be provided opportunities to:
<nl>(A) draw conclusions about the processes of a life science investigation;
<nl>(B) draw conclusions about the outcome of a life science investigation; and
<nl>(C) use knowledge of theories, facts, and concepts to explain observations, 
processes, and outcomes in a life science investigation.
<nl>(9) 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) apply scientific knowledge to interpret consumer information obtained 
from tables, labels, and advertisements;
<nl>(C) apply scientific information to assess the impact of science on society, 
technology, and the environment;
<nl>(D) apply scientific knowledge to recognize the limitations of science 
relating to technological advances;
<nl>(E) apply technology and scientific information to explain natural processes 
and phenomena; and
<nl>(F) apply technology and scientific information to solve problems and make 
decisions.
<nl>(d) Science I, grade seven (one unit). Essential elements for Science I as 
described in this subsection shall be effective September 1994. Science I shall 
be a developmentally appropriate laboratory/field-oriented course coordinating 
instruction in biology, chemistry, physics, and earth/space science, and shall 
include the following essential elements.
<nl>(1) Manipulating laboratory materials 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 lab techniques.
<nl>(2) 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 life, earth, and physical science processes and 
properties.
<nl>(3) Sequencing, ordering, 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) Communicating scientific data and information. 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) Interpreting scientific data and information. The student shall be 
provided opportunities to:
<nl>(A) interpret data about models, objects, organisms, actions, events, and 
processes;
<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) 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) 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 science investigations;
<nl>(D) recognize and describe changes in objects, organisms, events, processes, 
and phenomena over time; and
<nl>(E) recognize and describe changes in objects, organisms, events, processes, 
and phenomena over time.
<nl>(8) Drawing conclusions about the processes and outcomes of a scientific 
investigation. The student shall be provided opportunities to:
<nl>(A) use knowledge of principles, facts, and concepts to explain 
observations, processes, and outcomes in a science investigation; and
<nl>(B) recognize patterns that may form as a result of the collected and 
analyzed data.
<nl>(9) 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.
<nl>(10) The nature of science. The student shall be provided opportunities to:
<nl>(A) use scientific methods;
<nl>(B) discuss ethics in science;
<nl>(C) measure and experiment;
<nl>(D) solve problems;
<nl>(E) formulate, discuss, and review hypotheses, theories, laws, and 
principles; and
<nl>(F) practice safety.
<nl>(11) Scientific advances. The student shall be provided opportunities to:
<nl>(A) investigate scientists and their contributions;
<nl>(B) apply technological innovations; and
<nl>(C) evaluate science and technological career opportunities, including 
science teaching.
<nl>(e) Science II, grade eight (one unit). Essential elements for Science II as 
described in this subsection shall be effective September 1995. Science II shall 
be a developmentally appropriate laboratory/field-oriented course coordinating 
instruction in biology, chemistry, physics, and earth/space science, 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 and proper disposal of chemicals.
<nl>(2) Acquiring scientific data and information through the senses. 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 life, earth, and physical science processes and 
properties.
<nl>(3) Sequencing, ordering, 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) Communicating scientific data and information. 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) Interpreting scientific data and information. The student shall be 
provided opportunities to:
<nl>(A) interpret data about models, objects, organisms, actions, events, and 
processes;
<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) 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) 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 investigation;
<nl>(D) recognize and describe changes in objects, organisms, events, processes, 
and phenomena over time; and
<nl>(E) recognize factors that govern changes in objects, organisms, events, 
processes, and phenomena over time.
<nl>(8) 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 investigation; and
<nl>(B) recognize patterns that may form as a result of the collected and 
analyzed data.
<nl>(9) 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.
<nl>(10) The nature of science. The student shall be provided opportunities to:
<nl>(A) use scientific methods;
<nl>(B) discuss ethics in science;
<nl>(C) measure and experiment;
<nl>(D) solve problems;
<nl>(E) formulate, discuss, and review theories, laws, and principles; and
<nl>(F) practice safety.
<nl>(11) Scientific advances. The student shall be provided opportunities to:
<nl>(A) investigate scientists and their contributions;
<nl>(B) apply technological innovations; and
<nl>(C) evaluate science and technological career opportunities, including 
science teaching.
<nl>(f) Earth science (one unit). Essential elements for earth science as 
described in this subsection shall be effective September 1995. Earth 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 and proper disposal of chemicals.
<nl>(2) Acquiring scientific data and information through the senses. 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 earth science processes and properties.
<nl>(3) Sequencing, ordering, 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) Communicating scientific data and information. 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) Interpreting scientific data and information. The student shall be 
provided opportunities to:
<nl>(A) interpret data about models, objects, organisms, actions, events, and 
processes;
<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) 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) 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 earth science 
investigation;
<nl>(D) recognize and describe changes in objects, organisms, events, processes, 
and phenomena over time; and
<nl>(E) recognize factors that govern changes in objects, organisms, events, 
processes, and phenomena over time.
<nl>(8) 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 earth science investigation; and
<nl>(B) recognize patterns that may form as a result of the collected and 
analyzed data.
<nl>(9) 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.
sec.75.47. Fine Arts.
(a) (No change.)
(b) General music, grades seven-eight (one-half-two units). <nl>Essential 
elements described in this subsection for general music shall be superseded by 
the essential elements described in subsections (j) and (k) of this section 
effective September 1995. <ol> (General music, grade eight, is a continuation 
and progression of general music, grade seven.) General music, grades seven-
eight, shall include the following essential elements.
(1)-(5) (No change.)
(c)-(i) (No change.)
<nl>(j) General music, grade seven (one-half-one unit). Essential elements for 
general music, grade seven, as described in this subsection shall be effective 
September 1995. General music, grade seven, shall include the following 
essential elements.
<nl>(1) Singing concepts and skills. The student shall be provided opportunities 
to:
<nl>(A) discuss and understand the healthy use and care of the voice, 
emphasizing appropriate volume, range, and placement of the voice;
<nl>(B) discuss and understand the occurrence of the changing voice;
<nl>(C) sing songs, including folk songs from diverse cultures, seasonal, and 
patriotic songs that are appropriate for the student's age and vocal range; and
<nl>(D) sing part songs of appropriate difficulty.
<nl>(2) Listening concepts and skills. The student shall be provided 
opportunities to:
<nl>(A) listen to contemporary music, including experimental, electronic, jazz, 
blues, and Broadway musicals;
<nl>(B) listen to and compare instrumental and vocal music of diverse cultures 
and styles, including use of musical elements;
<nl>(C) recognize orchestral, band, electronic, and folk instruments by sound 
and sight, categorize by families, and learn about their development;
<nl>(D) listen to and compare instrumental and vocal music from various periods 
of music history, including Renaissance, baroque, classical, romantic, 
impressionistic, and contemporary;
<nl>(E) listen to and compare the effects of performances of the same 
composition by different instrumental and vocal groups;
<nl>(F) attend performances and/or view videos or films of performances; and
<nl>(G) learn and practice appropriate concert etiquette as an actively involved 
listener.
<nl>(3) Moving and playing to respond to music and/or demonstrate concepts. The 
student shall be provided opportunities to:
<nl>(A) choreograph songs used in class;
<nl>(B) create and perform melodies and accompaniments using body percussion 
sounds and/or classroom instruments;
<nl>(C) show vocally, instrumentally, or by movement more complex musical forms;
<nl>(D) demonstrate understanding of a blues-style chord sequence;
<nl>(E) play instruments, including recorder, guitar, and keyboard; and
<nl>(F) perform in a small instrumental or vocal ensemble.
<nl>(4) Using notation. The student shall be provided opportunities to:
<nl>(A) read and write rhythmic patterns;
<nl>(B) read and write melodic patterns;
<nl>(C) read and write short melodies or songs in various meters;
<nl>(D) use music symbols and terms derived from materials used in class;
<nl>(E) use the treble and bass staff; and
<nl>(F) use key signatures and meters of increasing difficulty.
<nl>(k) General music, grade eight (one-half-one unit). Essential elements for 
general music, grade eight, as described in this subsection shall be effective 
September 1995. General music, grade eight, shall include the following 
essential elements.
<nl>(1) Singing concepts and skills. The student shall be provided opportunities 
to:
<nl>(A) discuss and understand the healthy use and care of the voice, 
emphasizing appropriate volume, range, and placement of the voice;
<nl>(B) discuss and understand the occurrence of the changing voice;
<nl>(C) sing songs, including folk songs from diverse cultures, seasonal, and 
patriotic songs that are appropriate for the student's age and vocal range; and
<nl>(D) sing part songs of appropriate difficulty.
<nl>(2) Listening concepts and skills. The student shall be provided 
opportunities to:
<nl>(A) listen to contemporary music, including experimental, electronic, jazz, 
blues, and Broadway musicals;
<nl>(B) listen to and compare instrumental and vocal music of diverse cultures 
and styles, including use of musical elements;
<nl>(C) recognize orchestral, band, electronic, and folk instruments by sound 
and sight, categorize by families, and learn about their development;
<nl>(D) identify and classify instrumental and vocal music according to 
different cultures and periods of music history, including Renaissance, baroque, 
classical, romantic, impressionistic, and contemporary;
<nl>(E) listen to and compare the effects of performances of the same 
composition by different instrumental and vocal groups;
<nl>(F) attend performances and/or view videos or films of performances; and
<nl>(G) learn and practice appropriate concert etiquette as an actively involved 
listener.
<nl>(3) Moving and playing to respond to music and/or demonstrate concepts. The 
student shall be provided opportunities to:
<nl>(A) choreograph songs used in class;
<nl>(B) perform and create melodies and accompaniments using body percussion 
sounds and/or classroom instruments;
<nl>(C) show vocally, instrumentally, or by movement more complex musical forms;
<nl>(D) demonstrate understanding of a blues-style chord sequence;
<nl>(E) play instruments, including recorder, guitar, and keyboard; and
<nl>(F) perform in a small instrumental or vocal ensemble.
<nl>(4) Using notation. The student shall be provided opportunities to:
<nl>(A) read and write rhythmic patterns;
<nl>(B) read and write melodic patterns;
<nl>(C) read and write short melodies or songs in various meters;
<nl>(D) use music symbols and terms derived from materials used in class;
<nl>(E) use the treble and bass staff;
<nl>(F) use key signatures and meters of increasing difficulty; and
<nl>(G) identify and use different types of scales.
sec.75.48. Social Studies, Texas and United States History.
(a) Social studies attitudes, values, and skills for citizenship. <nl>Essential 
elements described in this subsection for social studies attitudes, values, and 
skills for citizenship shall be superseded by the essential elements described 
in subsection (d) of this section for United States history and citizenship 
(civics), grade eight, effective September 1992 and in subsection (e) of this 
section for Texas history and geography, grade seven, effective September 
1993.<ol> The social studies courses in subsections (b) and (c) of this section 
shall include the following essential elements as appropriate to the courses:
(1)-(4) (No change.)
(b) Texas history and geography, grade seven (one unit). <nl>Essential elements 
described in this subsection for Texas history and geography, grade seven, shall 
be superseded by the essential elements described in subsection (e) of this 
section effective September 1993.<ol> Texas history and geography, grade seven, 
shall include the following essential elements.
(1)-(4) (No change.)
(c) United States history and citizenship (civics), grade eight (early beginning 
through Reconstruction-one unit). <nl>Essential elements described in this 
subsection for United States history and citizenship (civics), grade eight, 
shall be superseded by the essential elements described in subsection (d) of 
this section effective September 1992.<ol> United States history and citizenship 
(civics), grade eight, shall include the following essential elements.
(1)-(5) (No change.)
(d) (No change.)
<nl>(e) Texas history and geography, grade seven (one unit). Essential elements 
for Texas history and geography, grade seven, as described in this subsection 
shall be effective September 1993. Texas history and geography, grade seven, 
shall include the following essential elements.
<nl>(1) Exploration and colonization of Texas. The student shall be provided 
opportunities to:
<nl>(A) describe the location, history, and cultures of the early inhabitants of 
Texas;
<nl>(B) analyze the reasons for, locations of, and results of European 
exploration and colonization; and
<nl>(C) explain the roles of and contributions of notable individuals and groups 
representative of various racial, ethnic, religious, and cultural backgrounds in 
the exploration, colonization, and development of Texas.
<nl>(2) Achievement of Texas independence and statehood. The student shall be 
provided opportunities to:
<nl>(A) analyze reasons for and effects of Anglo American settlement in Texas;
<nl>(B) analyze reasons for conflict with Mexico;
<nl>(C) describe major events of the Texas Revolution (including the 
significance of the Texas Declaration of Independence, the Alamo, and the Battle 
of San Jacinto);
<nl>(D) analyze the problems and successes of the Republic of Texas;
<nl>(E) describe the developments and events leading to annexation and 
statehood;
<nl>(F) analyze the causes and results of the Mexican War;
<nl>(G) analyze reasons for and the involvement of Texas and Texans in the Civil 
War; and
<nl>(H) explain the roles of notable individuals of various ethnic, racial, and 
cultural backgrounds in Texas independence, statehood, and the Civil War.
<nl>(3) Political, economic, geographic/environmental, and social developments 
in Texas, post-Civil War to the 20th century. The student shall be provided 
opportunities to:
<nl>(A) analyze the political, economic, and social effects of the Civil War and 
Reconstruction on Texas;
<nl>(B) analyze the effects of the Constitution of 1876 on political 
developments;
<nl>(C) describe ethnic, racial, and cultural groups and individuals who settled 
in Texas (including reasons for immigration, patterns of settlement, and way of 
life);
<nl>(D) analyze the role of natural resources and major industries (e.g., 
agriculture, railroads, cattle) in the economic development of Texas;
<nl>(E) explain the extension of the frontier and its impact on settlers and 
native Americans; and
<nl>(F) identify the major political, economic, and social issues and leaders of 
the period.
<nl>(4) Economic, political, and social development of Texas in the 20th 
century. The student shall be provided opportunities to:
<nl>(A) analyze the changes in the Texas economy and its relationship to the 
United States and the world;
<nl>(B) analyze the reasons for and the effects of urbanization of the state;
<nl>(C) describe the involvement of Texans in foreign conflicts;
<nl>(D) analyze the problems and progress in the state's educational system;
<nl>(E) analyze the development and the economic, political, and social impact 
of a changing multicultural population;
<nl>(F) describe changes in the structures and functions of government at the 
municipal, county, and state levels;
<nl>(G) describe changes in the composition of political parties in Texas and 
their relationships to the national political scene;
<nl>(H) describe developments in culturally related fields, (e.g., art, music, 
drama, literature, etc.); and
<nl>(I) explain the roles of and contributions by notable individuals and groups 
representative of the various ethnic, social, and cultural backgrounds in state, 
national, and international settings.
<nl>(5) Geographic influences on the development of Texas. The student shall be 
provided opportunities to:
<nl>(A) describe the major physical and cultural features of the regions of the 
state;
<nl>(B) locate and explain the importance of selected places;
<nl>(C) analyze the interrelationships of physical features and distribution of 
natural resources on population movements, economic development, and patterns of 
settlement; and
<nl>(D) analyze impact of human activities on the natural environment of the 
state.
<nl>(6) Respect for self and others. The student shall be provided opportunities 
to:
<nl>(A) be aware of and respect differing values and beliefs among individuals 
and groups; and
<nl>(B) recognize how societal values affect individual beliefs and values.
<nl>(7) Democratic beliefs and personal responsibility. The student shall be 
provided opportunities to:
<nl>(A) accept the consequences of one's decisions and actions;
<nl>(B) understand the underlying principles of the Texas Declaration of 
Independence and Constitution, including the Bill of Rights;
<nl>(C) identify personal responsibility in the use and preservation of the 
natural environment;
<nl>(D) value open-mindedness, tolerance of different opinions, civic 
participation, and compromise as important aspects of the political process;
<nl>(E) respect and support the laws of one's society and work responsibly to 
change laws one considers to be unjust;
<nl>(F) support the democratic processes of the republican form of government; 
and
<nl>(G) support the basic civic values of American society (e.g., justice, 
responsibility, political and religious freedom, private property, voluntary 
exchange, and respect for the law).
<nl>(8) Support for the American economic system. The student shall be provided 
opportunities to:
<nl>(A) recognize the role of profit and competition in the American economic 
system;
<nl>(B) acknowledge the role of government in regulating competition of both 
consumers and producers;
<nl>(C) acknowledge the right of individuals to acquire, responsibly use, and 
dispose of property; and
<nl>(D) recognize that citizens, through legal political activities, can 
influence economic decisions made by government.
<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 historical data;
<nl>(E) perceive cause/effect relationships;
<nl>(F) use problem-solving skills; and
<nl>(G) apply decision-making skills.
sec.75.49. Business Education.
(a) Typewriting (keyboarding), middle school (one-half-one unit). <nl>Essential 
elements described in this subsection for typewriting shall be superseded by the 
essential elements described in subsection (c) of this section effective 
September 1993. (The keyboarding course will replace the typing course. )<ol> 
Typewriting (keyboarding), middle school, 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)-(6) (No change.)
(b) Career investigation (one-half unit). Career investigation shall include the 
essential elements listed in sec.75.50 <nl>(e)<ol>[(f)](1)-(4) of this title 
(relating to Vocational Education).
(1)-(7) (No change.)
<nl>(c) Keyboarding, middle school (one-half-one unit). Essential elements for 
keyboarding as described in this subsection shall be effective September 1993. 
Keyboarding, middle school, shall include the essential elements in this 
subsection. Keyboarding offered for one semester must include the elements in 
paragraphs (1)-(3) of this subsection. Keyboarding 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 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) Applications skills. The student shall be provided opportunities to:
<nl>(A) apply directions and instructions;
<nl>(B) fill in simple forms;
<nl>(C) prepare outlines and manuscripts; and
<nl>(D) type from rough drafts.
sec.75.50. Vocational Education.
[(a) The elements in this subsection are common to all vocational programs in 
this section offered at grades seven and eight and shall be included in each 
course at the appropriate level, unless otherwise indicated. They are described 
here to preclude repetition in each course. Every school offering vocational 
education at grades seven and eight shall provide courses which include the 
following essential elements.
[(1) Leadership concepts and skills. The student shall be provided opportunities 
to:
[(A) demonstrate skills, characteristics, and responsibilities of leaders and 
effective group members;
[(B) demonstrate a knowledge of parliamentary procedure principles;
[(C) plan and conduct leadership activities; 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 the 
chosen field;
[(B) identify effective methods to secure and terminate employment;
[(C) demonstrate effective communication skills, both oral and written, and 
follow through on assigned tasks;
[(D) demonstrate dependability and punctuality;
[(E) demonstrate productive work habits and attitudes;
[(F) understand the importance of taking pride in the quality of work performed;
[(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;
[(B) understand the risk and profit motive factor;
[(C) understand the elements and advantages of the free enterprise system; and
[(D) explain the role of small business in the free enterprise system.
[(4) Concepts and skills related to safety and safe working conditions. The 
student shall be provided opportunities to identify and apply safe working 
practices to all training situations.
[(5) 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.
<nl>(6) 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>(a)<ol>[(b)] Life management skills (one-half unit) [shall include the 
common essential elements in subsection (a) of this section with the exception 
of subsection (a)(2), (3), and (6)(D)-(I) and] shall include the following 
essential elements.
(1)-(5) (No change.)
<nl>(6) Concepts and skills related to safety and safe working conditions. The 
student shall be provided opportunities to identify and apply safe working 
practices.
<nl>(7) Concepts and skills related to youth leadership. The student shall be 
provided opportunities to identify and apply leadership concepts and skills.
<nl>(8)<ol>[(6)] Concepts and skills related to career options and adjustments. 
The student shall be provided opportunities to:
(A)-(C) (No change.)
<nl>(b)<ol>[(c)] Introductory industrial technology shall include the common 
essential elements (grades seven-eight-one-half-two units). The elements in this 
subsection are common to Introductory Industrial Technology I and Introductory 
Industrial Technology II, grades seven-eight, and shall be included in each 
course. They are described here to preclude repetition. Every school offering 
these courses shall include the following common essential elements.
<nl>(1) Leadership concepts and skills. The student shall be provided 
opportunities to:
<nl>(A) identify skills, characteristics, and responsibilities of leaders and 
effective group members; and
<nl>(B) plan and conduct leadership activities using parliamentary procedures.
<nl>(2) Concepts and skills related to successful employment and/or 
postsecondary training. The student shall be provided opportunities to:
<nl>(A) identify employment opportunities and preparation requirements;
<nl>(B) identify effective methods to secure and terminate employment;
<nl>(C) demonstrate productive work habits and attitudes; and
<nl>(D) describe the importance of taking pride in the quality of work 
performed.
<nl>(3) Concepts and skills associated with entrepreneurship. The student shall 
be provided opportunities to:
<nl>(A) describe the risk and profit motive factor; and
<nl>(B) explain the role of small business in the free enterprise system.
<nl>(4)<ol>[(1)] Concepts and skills in the application of safety procedures. 
The student shall be provided opportunities to:
(A) demonstrate safe operation [and use] of selected tools<nl>, machines,<ol> 
and equipment [to avoid injury]; and
(B) maintain <nl>a<ol> safe <nl>and clean<ol> [conditions in the] laboratory 
<nl>environment <ol>.
<nl>(5)<ol>[(2)] Concepts and skills related to planning, designing, and problem 
solving. The student shall be provided opportunities to:
(A) (No change.)
(B) measure accurately using <nl>appropriate <ol> [metric or customary] units.
<nl>(6)<ol>[(3)] Concepts and skills related to the tools, materials, and 
processes of technology. The student shall be provided opportunities to:
(A) solve problems by utilizing a variety of materials <nl>,<ol> [and properly 
selected] tools<nl>,<ol> and equipment; [and]
(B) select the most suitable processes to complete a task<nl>;<ol>[.]
<nl>(C) identify conservation practices and methods in recycling materials of 
technology;
<nl>(D) investigate the interrelations of the systems of technology; and
<nl>(E) demonstrate the use of computers for simulation and application of 
technology.
<nl>(7)<ol>[(4)] Concepts and skills related to the past, present, and future of 
technology. The student shall be provided opportunities to:
(A) <nl>investigate<ol> [recognize] ideas and <nl>technological developments<ol> 
[inventions] of the past and present; and
(B) <nl>project how selected technological developments may impact future 
cultures and societies<ol> [relate technological change to the skills needed for 
the future].
<nl>(8)<ol>[(5)] Concepts and skills related to evaluating products and services 
of technology. The student shall be provided opportunities to:
(A) recognize good design and construction; <nl>and
(B) evaluate products based on given standards or applications <nl>.<ol>[; ]
[(C) use and maintain products and equipment; and
[(D) develop criteria for selecting, purchasing, and contracting services. ]
<nl>(c)<ol>[(d)] <nl>Essential elements described in this subsection for 
Introductory Industrial Technology I shall be superseded by the essential 
elements described in subsection (f) of this section effective September 
1993.<ol> Every school offering Introductory Industrial Technology I (grades 
seven-eight -one-half-one unit) shall include the common essential elements in 
subsection <nl>(b)<ol>[(a)] of this section [and the common essential elements 
for introductory industrial technology, grades seven-eight,] plus the following 
essential elements.
(1)-(3) (No change.)
<nl>(d)<ol>[(e)] <nl>Essential elements described in this subsection for 
Introductory Industrial Technology II shall be superseded by the essential 
elements described in subsection (g) of this section effective September 
1993.<ol> Every school offering Introductory Industrial Technology II (grade 
eight -one-half-one unit) shall include the common essential elements in 
subsection <nl>(b)<ol>[(a)] of this section [and the common essential elements 
for introductory industrial technology, grades seven-eight,] plus the following 
essential elements.
(1)-(2) (No change.)
<nl>(e)<ol>[(f)] Career investigation (one-half unit) shall include [all common 
essential elements in subsection (a) of this section with the exception of 
subsection (a)(1)(B), (2)(A), and (3)(D), and shall include] the following 
essential elements.
(1) (No change.)
(2) Concepts and skills related to career opportunities. The student shall be 
provided opportunities to:
(A) identify resources which provide pertinent information concerning career 
opportunities, including new and emerging occupations <nl>and priority 
occupations;
(B) use the United States Office of Employment 15 occupational cluster 
classifications to analyze career opportunities, including new and emerging 
occupations <nl>and priority occupations;
(C)-(H) (No change.)
(3) Concepts and skills associated with economic, societal, and technological 
factors related to career opportunities. The students shall be provided 
opportunities to:
(A)-(C) (No change.)
(D) recognize opportunities and options for business ownership; [and]
(E) develop an understanding of the role of small business in the free 
enterprise system<nl>;<ol>[.]
<nl>(F) develop skills related to successful employment, such as dependability, 
punctuality, ethical practices, and responsibilities, team work, and effective 
communication skills both oral and written;
<nl>(G) recognize the dignity of work;
<nl>(H) understand the importance of taking pride in the quality of work 
performed; and
<nl>(I) identify effective methods to secure and terminate employment.
(4) (No change.)
<nl>(f) Essential elements for Introductory Industrial Technology I (grades 
seven-eight-one-half-one unit) as described in this subsection shall be 
effective in September 1993. Introductory Industrial Technology I is a 
laboratory-oriented course that includes the common essential elements for 
introductory industrial technology plus the concepts and skills related to 
communication, energy, and production technology. The student shall be provided 
opportunities to:
<nl>(1) apply sketching techniques to develop drawing format and graphic problem 
solving;
<nl>(2) describe objects accurately through the principles of shape and size 
descriptions;
<nl>(3) develop products using photographic materials and equipment;
<nl>(4) design and produce graphic arts materials;
<nl>(5) study the types and uses of communication systems;
<nl>(6) use computer software to design and make drawings;
<nl>(7) use computer software to solve problems in communication, energy, and 
production systems;
<nl>(8) use apparatus and devices that demonstrate the generation, conversion, 
and control of mechanical, electrical, and fluid power;
<nl>(9) construct models or use simulation devices that generate, convert, and 
control energy;
<nl>(10) participate in activities involving transportation systems that move 
people, materials, energy, and information;
<nl>(11) apply transmission systems that move energy by electrical, mechanical, 
and fluid technologies;
<nl>(12) read and interpret maps, charts, and schedules;
<nl>(13) apply organization and management techniques to planning, organizing, 
and controlling production processes in construction and manufacturing;
<nl>(14)<ol> <nl>apply primary processes in manufacturing a product;
<nl>(15)<ol> <nl>apply primary construction processes to building a structure;
<nl>(16)<ol> <nl>explore the conversion of raw materials into finished products;
<nl>(17)<ol> <nl>develop activities that involve research, design, production, 
and marketing of a product;
<nl>(18)<ol> <nl>demonstrate techniques and processes used in automated 
production systems, to include robotics and computer numerical control (CNC); 
and
<nl>(19)<ol> <nl>explore applications of communication, energy, and production 
technology in a space environment.
<nl>(g)<ol> <nl>Essential elements for Introductory Industrial Technology II 
(grade eight -one-half-one unit) as described in this subsection shall be 
effective September 1993. Introductory Industrial Technology II is a laboratory-
oriented course that includes the common essential elements for introductory 
industrial technology plus the following essential elements.
<nl>(1) Concepts and skills related to production technology in the area of 
manufacturing. The student shall be provided opportunities to:
<nl>(A) participate in activities involving product research, design, and 
marketing;
<nl>(B) investigate resources needed in production;
<nl>(C) use appropriate processes to manufacture a market-ready product;
<nl>(D) apply organization and management systems by planning, organizing, and 
controlling production processes;
<nl>(E) demonstrate an awareness of automated systems used in manufacturing, 
including robotics and computer numerical control;
<nl>(F) recognize basic material standards and terminology used in industry;
<nl>(G) apply primary processes in manufacturing a product;
<nl>(H) use computers in planning, production, quality control, and management 
of production systems; and
<nl>(I) explore manufacturing systems in a space environment.
<nl>(2) Concepts and skills related to production technology in the area of 
construction. The student shall be provided opportunities to:
<nl>(A) apply organization and management techniques to planning, organizing, 
and controlling construction;
<nl>(B) use primary construction processes to build a structure;
<nl>(C) explore construction systems, to include containment, shelter, and 
support;
<nl>(D) explore primary construction techniques;
<nl>(E) explore construction subsystems;
<nl>(F) investigate production trends;
<nl>(G) explore alternative materials, processes, and energy sources in 
production systems;
<nl>(H) demonstrate techniques and processes used in automated systems, 
including robotics and computers; and
<nl>(I) explore construction systems in a space environment.
sec.75.51. <nl>Computer Literacy [Other Courses].
<nl>(a)<ol>Computer literacy (one-half unit). <nl>Essential elements in this 
subsection for computer literacy shall be superseded by the essential elements 
described in subsection (b) of this section effective September 1993. <ol> 
Computer literacy shall include the following essential elements.
(1)-(5) (No change.)
<nl>(b)Computer literacy (one-half unit). Essential elements for computer 
literacy as described in this subsection shall be effective September 1993. 
Computer literacy shall include the following essential elements.
<nl>(1)  Use of commercial word processing software. The student shall be 
provided opportunities to:
<nl>(A) define the related terminology;
<nl>(B) perform basic operating procedures and techniques;
<nl>(C) perform storage and retrieval of information;
<nl>(D) perform data entry;
<nl>(E) develop error checking techniques; and
<nl>(F) demonstrate the ability to select the appropriate tools for given tasks.
<nl>(2) Use of commercial database management software. The student shall be 
provided opportunities to:
<nl>(A) define the related terminology;
<nl>(B) perform basic operating procedures and techniques;
<nl>(C) perform storage and retrieval of information;
<nl>(D) perform data entry;
<nl>(E) develop error checking techniques; and
<nl>(F) demonstrate the ability to select the appropriate tools for given tasks.
<nl>(3) Use of commercial spreadsheet software. The student shall be provided 
opportunities to:
<nl>(A) define the related terminology;
<nl>(B) perform basic operating procedures and techniques;
<nl>(C) perform storage and retrieval of information;
<nl>(D) perform data entry;
<nl>(E) develop error checking techniques; and
<nl>(F) demonstrate the ability to select the appropriate tools for given tasks.
<nl>(4) Use of related technology such as telecommunications, desktop 
publishing, page layout, and graphic design. The student shall be provided 
opportunities to:
<nl>(A) define the related terminology;
<nl>(B) perform basic operating procedures and techniques;
<nl>(C) perform storage and retrieval of information;
<nl>(D) perform data entry;
<nl>(E) develop error checking techniques; and
<nl>(F) demonstrate the ability to select the appropriate tools for given tasks.
<nl>(5) History and development of computers. The student shall be provided 
opportunities to:
<nl>(A) identify and describe characteristics of each generation of computers 
including important pre-computer aids to calculation and contributions of 
specific individuals to the historic origins of the computer; and
<nl>(B) discuss the current use and possible future uses of technology.
<nl>(6) Problems and issues of computer usage in society. The student shall be 
provided opportunities to:
<nl>(A) identify computer-related careers, including training requirements;
<nl>(B) describe the impact of technology on the job market;
<nl>(C) identify the importance of ethics in accessing and manipulating data and 
technology; and
<nl>(D) identify the legal issues and potential solutions pertaining to computer 
usage.
<nl>(7) Communication of instructions to the computer. The student shall be 
provided opportunities to:
<nl>(A) use and develop pseudocode and/or modular top-down design as a means of 
expressing algorithms;
<nl>(B) develop problem-solving skills using the computer (such as sequencing, 
Boolean evaluation, reasoning and strategies, transferring, and classifying 
according to hierarchy);
<nl>(C) use the syntax of a high-level language (such as BASIC, Pascal, Logo or 
Hypermedia);
<nl>(D) write structured programs;
<nl>(E) develop effective debugging strategies (find, interpret, and correct 
program errors); and
<nl>(F) predict output of given 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 September 23, 1991.
TRD-9112193
Criss Cloudt
Director, Planning Coordination
Texas Education Agency
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-9701
       
TITLE 22. EXAMINING BOARDS
Part IV. Texas Cosmetology Commission
Chapter 83. Sanitary Rulings
22 TAC sec.sec.83.1-83.3, 83.5, 83.6, 83.13, 83.27, 83.30
The Texas Cosmetology Commission proposes amendments to  ssec.83.1-83.3, 83.5, 
83.6, 83.13, 83.27, and 83.30 concerning sanitation. The amendments are proposed 
to update the language of the sanitary rulings.
Ron Resech, executive director, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections.
Mr. Resech 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 language of the sections is updated in keeping with the 
times. 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 Alicia C. Ayers, Administrative 
Technician II, 5717 Balcones, P.O. Box 26700, Austin, Texas 78755-0700.
The amendments are proposed under Texas Civil Statutes, Article 8451a, which 
provides the Texas Cosmetology Commission with the authority to issue rules and 
regulations consistent with the Act that are needed to protect the public's 
health and welfare.
sec.83.1. Enforcement.
(a) The holder or holders of <nl>an establishment <ol> [a salon or school] 
license and the person in charge of any  <nl>establishment<ol> [school or salon] 
shall be liable for implementing and maintaining the sanitary rules in such 
<nl>establishment<ol> [salon or school, or] individually and jointly with all 
persons engaged in, or employed by, or working in or on the premises of such 
<nl>establishment <ol> [salon or school]. All licensees under this Act, and 
students attending school under this Act, shall be held liable individually and 
jointly for maintenance and implementation of the sanitary rules applicable to 
the performance of their profession as such licentiates.
(b) To assure compliance with the statutes and regulations governing the 
operation of <nl>establishments<ol> [schools and salons], the Texas Cosmetology 
Commission, or its authorized representatives, shall have the right of access to 
any  <nl>establishment<ol> [school or salon] at any time that the instruction or 
practice of cosmetology is being conducted for the purpose of inspecting the 
premises, and the equipment, supplies, licenses, and all books and records 
relating to the training or practice of cosmetology. A person who is in 
violation of the Cosmetology Act, general rules and regulations of the 
commission or the sanitary rulings of the commission may be enjoined and 
restrained by a district court from violating said Act or commission rules.
(c) (No change.)
(d) Every cosmetology <nl>establishment <ol> [school or salon], as defined by 
the Statutes to regulate the practice of cosmetology in the State of Texas, 
shall be given a sanitary rating covering the entire <nl>establishment <ol> 
according to the filed floor plan, and must meet the following requirements.
(1) The rating given said <nl>establishment <ol> [school or salon] shall be 
posted in the reception desk area in public view.
(2) <nl>An establishment<ol> [A salon or school] operating in violation of these 
rules and regulations, or which operates with a sanitary rating of less than 80% 
shall be issued a notice of violation. If the violation is not corrected in 10 
days, an informal hearing may be initiated by the executive director.
(3) (No change.)
sec.83.2. Posting Sanitary Rules. Each <nl>establishment <ol> [school or salon] 
shall post a copy of these sanitary rules in a place visible to the public. The 
principal's office, hallway, or remote areas not frequented by patrons is 
prohibited.
sec.83.3. Proper Quarters.
(a) Interior. Each <nl>establishment<ol> [school and salon] shall be well 
lighted, well ventilated, and kept in a clean, orderly, sanitary condition at 
all times.
(b) (No change.)
(c) No cosmetology <nl>establishment<ol> [salon or school] shall, in any manner, 
represent or permit a representation to be made in its behalf that it is a 
barber shop, whether made by use of a display or device similar to a barber pole 
or otherwise. It may, however, advertise that services for males are available, 
with the exception of shaving.
(d) The use of a <nl>cosmetology<ol> [beauty] establishment as living, dining, 
or sleeping quarters shall be prohibited. Residential salons shall maintain a 
separate entrance which shall not open off from the living, dining, or sleeping 
quarters. If a door leads into the residence, it shall be a solid door that 
remains locked during business hours.
(e)-(i) (No change.)
sec.83.5. Waste and Refuse.
(a) No <nl>establishment<ol> [school or salon] shall permit the accumulation of 
waste or refuse, or cluttering of unnecessary books, papers, or magazines.
(b) At no time shall the selling of food or drink be permitted in schools or 
salons unless by vending machines. Students or salon personnel, or patrons using 
foodstuffs in any establishment must remove leftovers within one hour of usage. 
<nl>Establishments <ol> [Schools and salons] are directly responsible for the 
general compliance of this section. Dirty dishes from foods being served must 
not accumulate.
(c)-(d) (No change.)
sec.83.6. Animals In Schools or Establishments.  No person shall be allowed to 
bring an animal in, or to allow an animal to remain in <nl>an establishment<ol> 
[a school or salon]. This section does not apply to a sightless person 
accompanied by a trained seeing eye dog, or security dog. A security dog, 
however, may be allowed in the <nl>establishment<ol> [salon or school] only 
during the times the salon or school is closed to the public.
sec.83.13. Implements, Combs, Brushes, and Rollers.
(a) (No change.)
(b) Each cosmetology <nl>establishment<ol> [salon] is required to have 
sufficient combs, brushes, and implements to allow for adequate sanitizing 
practices.
(c)-(g) (No change.)
<nl>(h) All types of <ol> brushes, all types of rollers, clips, and other hair 
accessories which have become soiled in any manner shall not be used by any of 
the operators and shall be placed in a properly labeled receptacle provided for 
that purpose, and shall not be used on another patron until they have been 
properly cleaned and disinfected.
sec.83.27. Dispensary and Storage Area. Each  <nl>establishment<ol> [salon or 
school] with dispensary or storage must at all times have these areas as clean 
and as sanitary as the remaining sections of the <nl>establishment<ol>.
sec.83.30. Proper Labeling. <ol> Each cosmetology <nl>establishment <ol> [school 
and salon] shall properly label all products used in the conduct of their 
business.
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 11, 1991.
TRD-9112618
Ron Resech
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 454-4674
       
22 TAC sec.83.12
(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 
Cosmetology Commission or in the Texas Register office, Room 245, James Earl 
Rudder Building, 1019 Brazos Street, Austin.)
The Texas Cosmetology Commission proposes the repeal of  s83.12, concerning neck 
brushes and dusters. Neck brushes and duster may be used.
Ron Resech, 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 sections.
Mr. Resech, 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 the use of neck brushes and dusters will be allowed. 
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 Alicia Ayers, Administrative 
Technician II, 5717 Balcones, P.O. Box 26700, Austin, Texas 78755-0700.
The repeal is proposed under Texas Civil Statutes, Article 8451a, which provides 
the Texas Cosmetology Commission with the authority to issue rules and 
regulations consistent with the Act that are needed to protect the public's 
health and welfare.
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 11, 1991.
TRD-9112619
Ron Resech
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 454-4674
       
Chapter 89. General Rules and Regulations
22 TAC sec.sec.89.2-89.4, 89.6, 89.10-89.11, 89.13, 89.15, 89.17, 89.19-89.22, 
89.24, 89.26, 89.28-89.31, 89.39, 89.41, 89.44, 89.47, 89.49, 89.53, 89.54, 
89.69-89.70, 89.72, 89.75-89.76
The Texas Cosmetology Commission proposes amendments to  ssec.89.2-89.4, 89.6, 
89.10-89.11, 89.13, 89.15, 89.17, 89.19-89.22, 89.24, 89.26, 89.28-89.31, 89.39, 
89.41, 89.44, 89.47, 89.49, 89.53, 89.54, 89.69-89.70, 89.72, 89.75-89.76 and 
new sec. s89.19, 89.21, 89.26, 89.29, and 89.54 concerning general rules and 
regulations. The amendments and new sections are proposed to update the language 
of the rules and regulations and clarify existing language. New sections are the 
result of legislation passed in the 1991 regular session of the Texas 
Legislature.
Ron Resech, executive director, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections.
Mr. Resech also has determined that for each year of the first five years the 
sections as proposed is in effect the public benefit anticipated as a result of 
enforcing the section as proposed will be that the language of the rules and 
regulations has been updated in keeping with the times and new rules mirror 
legislation passed in the 1991 regular session of the Texas Legislature. 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 Alicia C. Ayers, Administrative 
Technician II, 5717 Balcones-P.O. Box 26700, Austin, Texas 78755-0700.
The amendments and new sections are proposed under Texas Civil Statutes, Article 
8451a, which provide the Texas Cosmetology Commission with the authority to 
issue rules and regulations consistent with the Act that are needed to protect 
the public's health and welfare.
sec.89.2. Public School Cosmetology Programs. Public school cosmetology programs 
include public high school, public junior college, or any other nonprofit tax-
exempt institution conducting a cosmetology program. Public school students 
receiving cosmetology instruction in private in private <nl>cosmetology <ol> 
[beauty culture] schools under contract or agreement in accordance with Title 
19, Part II, Texas Administrative Code, sec.78.21 of this title (relating to 
Occupational Education for Public School Students by Contract), are to be 
considered to be public high school students enrolled in a public school 
cosmetology program for the purposes of this title.
sec.89.3. Expiration of Licenses and Certificates.
(a) (No change.)
(b) When a person or establishment whose license has expired engages in the 
instruction or practice of cosmetology, that person shall be cited for 
instruction or practicing without a license. Each compensated instruction or 
service shall constitute a separate offense as to both the individual operator 
and the cosmetology establishment.
(1) (No change.)
(2) Except for private <nl>cosmetology<ol> [beauty culture] school licenses:
(A)-(D) (No change.)
(c) (No change.)
sec.89.4. Instructor on Duty.
(a) (No change.)
(b)  Private <nl>cosmetology<ol> [beauty culture] schools shall maintain on 
staff and on duty during normal business hours, not less than two full-time 
instructors to a maximum of 50 students in attendance. One instructor is 
sufficient whenever student enrollment drops below 15. One instructor will be 
required for each additional 25 students, or part thereof, in attendance over 
50.
(c)-(d) (No change.)
(e) Private <nl>cosmetology<ol> [beauty culture] school who contract with public 
schools for the purpose of providing opportunities for public school students to 
become licensed cosmetologists must comply with sec.89.2 of this title (relating 
to Public School Cosmetology Programs).
(f) Private <nl>cosmetology<ol> [beauty culture] schools that provide regularly 
scheduled instruction on Mondays, for public school contracted instruction 
students only, are required to meet the instructor-ratio prescribed in 
subsection (a) of this section on such days. If private <nl>cosmetology <ol> 
[beauty culture] students are in attendance, on such days, to make up hours they 
must be included in the student count to determine the appropriate instructor-
student ratio.
(g) Public school contracted instruction students in attendance to make up hours 
on Saturdays shall be included in the student count to determine the appropriate 
instructor-student ration in accordance with subsection (b) of this section.
sec.89.6. New Location or Change in Floor Plan of School.
(a) To be approved for continued operation on a current license, facilities 
shall be inspected and approved. A private <nl>cosmetology<ol> [beauty school 
moving to a new location or altering floor plan will submit the following:
(1)-(4)  (No change.)
(b) (No change.)
sec.89.10. Monthly Hour Report. On a form prescribed by the commission, the 
school will display the monthly hour report showing a record of hours acquired 
by each student during the preceding month in a album or binder no later than 
the 10th day of each month. Each student must be given the opportunity to 
review, under supervision, his/her hours, and to sign or initial the report. 
[The school will mail one copy of the report to the Texas Cosmetology Commission 
postmarked no later than the 10th of he month following.] The report will be 
kept available for inspection by the student or a representative of the Texas 
Cosmetology Commission. One copy of the monthly hour report will be given to the 
commission inspector at each inspection visit. The copy must be signed by the 
school official. Students enrolled in a cosmetology or speciality course are 
prohibited from preparing hour reports or supporting documents. Student 
instructors may prepare hours reports.
sec.89.11. Daily Attendance Register.
(a) Each cosmetology school or program shall maintain a daily record of 
attendance with each student personally punching the time clock. Attendance 
records will be maintained in the school and available to authorized personnel 
of the Texas Cosmetology Commission, for a period of <nl>48<ol> [24] months 
after the student completes or terminates attendance. All schools will be 
required to use a time clock to track student hours. All schools shall be 
required to post a sign at the time clock which states:
(1)-(4) (No change.)
(b) (No change.)
sec.89.13. Reduction, Increasing or With-Holding of Hours.
(a)  (No change.)
(b) When a student withdraws or graduates from a  <nl>cosmetology<ol> [beauty 
culture] school, earned hours may not be with-held for any reason. The hours 
must be reported to the Cosmetology Commission within ten days of withdrawal or 
graduation.
<nl>(c) Any manipulation of student hours by adding, subtracting, or 
changingclock hours other than those actually clocked will lead to a hearing 
where civil penalties may be assessed.
sec.89.15. Definitions of License Authorizations.
(a)-(k) (No change.)
(l) Exemption. Persons licensed in this state to practice medicine, surgery, 
dentistry, podiatry, osteopathy, chiropractic, or nursing who practiced any 
phase of cosmetology [prior to August 31, 1985,] as authorized in Texas Civil 
Statutes, Article 8451a, sec.39(2) of this title (relating to Exemptions), may 
no longer continue this practice without a current license from the Texas 
Cosmetology Commission unless they are operating within the scope of their 
license. [(Texas Civil Statutes, Article 8451a, sec.39(2), revised August 31, 
1985).]
sec.89.17. Instructor Applicants. <ol> The student instructor must have a valid 
Texas operator's license before re-entering a <nl>cosmetology<ol> [beauty] 
school to complete [additional] 750 hours in cosmetology courses and methods of 
teaching, and must provide a high school diploma or a GED equivalent  <nl>along 
with a<ol> [and] properly completed registration form prior to <nl>entering <ol> 
[re-entering beauty] school <nl>.<ol> [in order]To receive <nl>credit for <ol> 
hours for the instructor course<nl>, a person holding a current operator license 
from this state or any other state who can verify two years of operator 
experience in a licensed beauty salon may also qualify for the instructor exam 
provided they enroll in an instructor course and complete 250 hours of student 
instructor training in an approved school and<ol> [An operator licensed by the 
Texas Cosmetology Commission who can verify three years operator experience in 
Texas in a licensed beauty salon may also qualify for the instructor examination 
provided they] meet the other instructor requirements.
sec.89.19. Other Service Performed In a Cosmetology or Speciality Salon.  <ol> 
Ear Piercing, permanent make-up, massage therapy, electrolysis, or sun tan 
booths are not services that come under the jurisdiction of the Texas 
Cosmetology Commission, therefore the commission shall not be responsible for 
their use in a salon. To prevent the spread of infectious disease however, 
proper sanitation methods must be performed after each use if these services are 
offered. Some of the above services require licensing from other agencies, 
therefore it would be appropriate to check with the proper licensing authority 
prior to implementation or purchase.
sec.89.20. Length of Courses.
(a) Instructor: An Instructor course shall be 750 hours in an approved school 
<nl>or two years of licensed operator experience in this state or any other 
state plus 250 hours of instructor training in an approved school <ol> [in not 
less than six months from date of enrollment].
(b)-(d) (No change.)
(e) Facial specialist. A facial specialist course shall be for <nl>750<ol> [300] 
hours in an approved school [in not less than eight weeks from date of 
enrollment].
(f) (No change.)
(g) Manicurist. The manicuring course shall be for  <nl>250<ol> [150 hours] in 
an approved school [in not less than four weeks from date of enrollment].
<nl>(h) Once hours are accrued they will be valid for 48 months after withdrawal 
or graduation.
sec.89.21. Student Loan Defaults. Licensees that are in default on a loan 
guaranteed by the Texas Guaranteed Student Loan Corporation, or any loan made 
solely for the purpose of paying tuition and fees, may not renew that license 
unless timely payments are being made on that loan prior to license renewal.
sec.89.22. Transfer of Hours (Out-of-State-Students).  Any student of a private 
licensed or certified  <nl>cosmetology<ol> [beauty culture] school may submit a 
request to the Texas Cosmetology Commission to transfer the completed hours of 
instruction to a Texas School. A transcript must be submitted on the prescribed 
form and certified by the school in which the instruction was given. Portions of 
the curriculum of the Texas Cosmetology Commission not taught in another state 
must be taken in an approved Texas School prior to taking the Texas Examination.
sec.89.24. General Provisions Regarding Transfer of Hours.
(a)  (No change.)
(b) A student transferring to a school who desires to claim hours <nl>and 
practical applications <ol> earned [previously] must inform the school 
transferred to of his/her prior attendance and must furnish to that school and 
the executive director a record of hours claimed <nl>and practical applications 
completed <ol>. This record may be in the form of a transcript from the prior 
school or an extract from records of the commission.
(c)  The commission, through the executive director, shall evaluate the 
transcript generated upon withdrawal from the prior school, and <nl>provided 
that the agreed tuition and fees have been tendered according to sec.21 of the 
Cosmetology Statutes<ol> [upon approval], shall certify in writing to the 
student and [to] the school  <nl>that the stated hours and practical 
applications have been completed<ol> [and that the student is not required to 
repeat the instructions].
sec.89.26. Tuition Refund Policy. In addition to sec.21 of the Statutes, the 
following guidelines will apply.
(a) Under sec.21, subsection (h), (1) for withdrawal or termination during the 
first week, shall be defined as actual, normal, clock hours. If normal 
attendance is 40 hours per week, that would apply, if a student is only 
scheduled for part time, then the scheduled hours per week would apply.
(b) Extra costs which are not included in the cost of tuition, such as books, 
equipment, and extra fees must be clearly stated in the catalog and contract and 
any non-refundable items must be identified.
(c) If a school closes or ceases operation before the class hours are completed, 
the student shall be entitled to a pro-rata refund of tuition.
(d)  Enrollment time is defined as the time elapsed between the actual starting 
date and the date of the student's last day of attendance.
(e) Schools are urged to adopt a policy wherein the refund to the student may 
exceed the refund policy in sec.21 in unusual or mitigating circumstances.
(f) A documented leave of absence may be for a minimum of five days and a 
maximum of 60 days. In compliance with  s21(j) a refund must be made within 30 
days after the student has dropped. If a student fails to return from a leave of 
absence, the student is considered to be withdrawn from school as of the first 
day of the leave of absence. A school has 30 days after the last day of an 
approved, documented leave of absence to calculate a refund and return refund. 
The Department of Education allows an extended leave of absence for medical 
reasons, however these would be taken on an individual basis subject to 
Cosmetology Commission approval and would require documentation from a licensed 
physician.
(g) In compliance with sec.21(1) a school is not required to record a grade of 
incomplete if the student withdraws for academic reasons, these include, but are 
not limited to, unsatisfactory progress or attendance, insubordination or non-
compliance of school rules.
sec.89.28. Withdrawal From School.
(a) (No change.)
(b)  Upon withdrawal, a student is entitled to an official transcript of hours 
taken <nl>and practical applications performed<ol> at the school withdrawn from 
<nl>, if in compliance with sec.89.24 of this title (relating to General 
Provisions Regarding Transfer of Hours). This transcript must be ready to be 
picked up in person by the student or his/her agent, or be postmarked, if mailed 
at the student's option, within 10 calendar days of receipt by the school of 
notice of withdrawal.
(c) Whenever a student withdraws from a school, a transcript must be prepared 
showing the number of hours <nl>and practical applications<ol> completed. This 
transcript must be sent to the commission within 10 days of receipt by the 
school of notice of withdrawal.
(d)  (No change.)
sec.89.29. Practical Applications of the Curriculum.
(a) Each student in a school of cosmetology in the operator course must complete 
practical applications of the curriculum according to the school's published 
rules on minimum practical applications, or the following schedule, whichever is 
greater.
(1) Sanitation-$175.
(2) Facials-$30 (a minimum of five services in each category):
(A) skin analysis and care;
(B) manipulation, massage;
(C) skin care;
(D) removal of hair by the use of wax, tweezers, or depilatories;
(E) make-up and brow arch.
(3) Hairdressing-300 (minimum of 20 services in each category):
(A) arranging, cutting, dressing;
(B) shampooing, curling, pressing, fingerwaving.
(4) Scalp and hair treatments-30.
(5) Haircoloring-80 (a minimum of eight services in each category):
(A) temporary, semi-permanent;
(B) permanent, bleaching, and dimensional, coloring, color mixing.
(6) Chemical hair services-80 (a minimum of 15 services in each category):
(A) restructuring, permanent waving;
(B) straightening, and relaxing.
(7) Patron protection-10.
(8) Manicuring-30.
(b) The above practical applications may be performed on a mannequin, a student 
or a patron, and mock applications may be used where appropriate and necessary. 
It shall be the responsibility of the student to keep a record of the number of 
practical applications performed, but shall be verified by an instructor 
signature.
(c) The Cosmetology Commission inspector as part of their normal duties, will 
discontinue monitoring hours and hour reports, but will instead check a portion 
of the student's practical applications. The practical applications will be 
maintained as a part of the student's file after they graduate or withdraw.
(d) When a student graduates the school must certify that the student has 
completed the 1500 hour course and that all practical applications have been 
completed.
sec.89.30. Examination Applications. <ol>Application for examination must be 
filed and processed and the examinee will be notified 10 days prior to his/her 
examination date.   The examination application consists of the verification of 
the applicant's completion of the total hours <nl>and practical applications<ol> 
required,  <nl>a statement that the agreed tuition and fees have been tendered, 
or arrangements made to tender the agreed tuition and fees,<ol> a current health 
certificate which includes a tuberculosis test, and a current photograph. A copy 
of the student permit and photograph must be posted in the school should the 
student continue to attend to accrue hours between the time of application and 
date scheduled for exam. The applicant will be required to furnish a valid Texas 
drivers license, a Texas Department of Public Safety identification card, a 
military identification card, a school identification card with a picture, or a 
resident alien card as proof of identification prior to admittance for 
examination. No other proof will be accepted. Students holding dates scheduled 
for exam who do not appear without a seven-day notice to the commission of 
cancellation may be denied scheduling for at least 60 days.
sec.89.31. Examination.
(a)-(d) (No change.)
<nl>(e)  The Cosmetology Commission may issue a temporary work permit to 
students who have completed the 1500 hour course or 1,000 hours of instruction 
in beauty culture courses and 500 hours of related academic subjects in a public 
high school vocational program. The work permit expires on the date the student 
is scheduled for examination. The permit will be on a form issued by the 
Commission with a clearly marked expiration date. Any student working in a 
licensed establishment must prominently display the work permit.
sec.89.39. New Salon.
(a)-(b) (No change.)
(c) Additional requirements for all salons.
(1) Carpeting is not allowed in shampoo and working areas but is allowed in 
reception, dryer, manicuring, and facial areas provided it is cleaned on a 
regular basis and kept in a sanitary condition [(effective September 1, 1987)].
(2)-(10) (No change.)
(d) Rules and regulations for all salons.
(1) (No change.)
(2) A person holding a beauty or speciality salon license shall be responsible 
for all the people working in that salon <nl>, unless they are independent 
contractors.
(e) Facial salon requirements.
(1)  Required floor space shall be <nl>approximately <ol> [at least] 150 square 
feet of working <nl>space <ol> [booth area per facial] <nl>for the first<ol> 
operator, <nl>and 50 square feet of working,<ol> dispensary, <nl>and reception 
area for each additional operator, exclusive of<ol> rest room, utility, heating 
and/or cooling facilities and retail area.
(f) Manicurist salon requirements.
(1) Required floor space shall be approximately 150 square feet of working space 
for the first operator and <nl>50 <ol> [100] feet of working, dispensary and 
reception area for each additional operator, exclusive of rest room, utility, 
heating and/or cooling facilities and retail area.
(2) Required equipment is as follows:
(A)-(C) (No change.)
(D) one <nl>wet and one <ol> dry sterilizer at each table; and
(E) (No change.)
<nl>(g) Manicure facial speciality salon requirements.
<nl>(1) Required floor space shall be approximately 150 square feet of working 
space for the first operator and 50 square fee of working, dispensary and 
reception area for each additional operator, exclusive of rest room, utility, 
heating and/or cooling facilities and retail area.
<nl>(2) Required facial equipment is as follows:
<nl>(A) one facial couch and facial chair for each facialist;
<nl>(B) one wet sterilizer;
<nl>(C) one dry sterilizer; and
<nl>(D) one mirror, wall hung, or one hand mirror for each facialist.
<nl>(3) Required manicure equipment is as follows:
<nl>(A) one manicure table with light for each manicurist;
<nl>(B) one manicure stool for each manicurist;
<nl>(C) two professional type chairs for patrons;
<nl>(D) one wet and one dry sterilizer at each table; and
<nl>(E) a sufficient number of covered trash cans
<nl>(h) Licensed cosmetologists or specialists who are practicing as independent 
contractors must obtain the appropriate booth rental license.
sec.89.41. Change of Location of a Salon  23>or Independent Contractor.  A 
salon, [or] school<nl>, or independent contractor<ol> may move and continue to 
operate with the current license, but must be inspected and approved under the 
current requirements in the new location. The salon, [or] school<nl>, or 
independent contractor<ol> must notify the commission office in writing of the 
change of address as soon as the change of address becomes available.
sec.89.44. Salon In Connection With Other Business. <ol> A beauty salon, 
speciality salon, or <nl>cosmetology <ol> [beauty] school shall not prepare for 
selling and/or sell food and drink except by vending machine, and should be 
separated by a solid wall and have a separate entrance if located in the same 
building with a restaurant or lunch counter. This rule will not apply to a 
licensed establishment in a department store when the sale of food and drink is 
not immediately adjacent to the salon. Salons connected with another business 
that does not sell food and drink must have adequate working space for each 
operator actually engaged in their practice in order to be licensed.
sec.89.47. Definition of a Facial Specialty Salon.
(a)-(f) (No change.)
<nl>(g) Any other services performed will lead to disciplinary action unless 
salon also meets the equipment requirements for a manicuring salon and has 
licensed manicurists on duty.
sec.89.49. Definition of a Manicuring Speciality Salon. <ol> A manicuring salon 
is defined as an establishment where only manicuring and pedicuring is 
practiced. Any other services performed in a manicuring salon will lead to 
<nl>disciplinary action unless salon also meets the equipment requirements for a 
facial salon and has licensed facialists on duty<ol> [revocation of that salon 
license].
sec.89.53. Minimum Requirements For Both Private and Public 
<nl>Cosmetology[Beauty Culture] Schools.
(a) the following are the requirements for a private <nl>cosmetology<ol> [beauty 
culture] school as authorized by the Texas Cosmetology Commission as approved on 
June 1, 1985.
(1) A building to house a <nl>cosmetology <ol> [beauty culture] school must be 
fireproof and of permanent type of construction, and contain a minimum of 3,500 
square feet of floor space, with separate restrooms for male and female 
students. The building must be divided into three separate areas: one for 
instruction of theory, one for practice work of seniors, and one for practice 
work of juniors.
(2)-(9)  (No change.)
(10) The equipment in a <nl>cosmetology <ol> [beauty culture] school shall not 
be changed after approval without notifying the Texas Cosmetology Commission.
(11) All equipment in a <nl>cosmetology <ol> [beauty culture] school shall be of 
professional type in good and sanitary condition.
(12)-(15)  (No change.)
(b) (No change.)
sec.89.54. Independent Contractor/Booth Rental License.
(a) To qualify as an independent contractor an applicant must make application 
for a booth rental salon license and have an area clearly defined that is their 
responsibility as far as sanitation is concerned.
(b) To qualify as an independent contractor the following guidelines apply:
(1)  independent contractor does not pay a percentage of his/her income to the 
lessor;
(2) the independent contractor has sufficient floor space and equipment within 
their jurisdiction to adequately carry out the duties of his/her license;
(3) independent contractors must have the freedom to retail products;
(4) independent contractors advertise only his/her own services, and/or has 
individual business cards;
(5) independent contractor has key to the salon, and controls his/her own 
business hours;
(6) telephone access listings are separate, however a number may be shared;
(7) independent contractors represent themselves to the public that they are 
independent contractors; and
(8) a written contract is in effect with the lessor and the lessor does not 
exercise any control over the independent contractor.
(c) Independent contractors may do any service in a licensed beauty salon, or 
specialties in a licensed speciality salon, provided they are properly licensed.
(d) Nothing in these rules is meant to supersede rules promulgated now, or 
later, by the Internal Revenue Service or the Texas Employment Commission.
(e) The original and renewal Booth Rental license fee shall be $25 if a booth 
rental license is delinquent for less than 30 days the delinquency fee shall be 
$10, over 30 days the delinquency fee shall be $25.
(f) Independent contractors practicing cosmetology in more than one location 
must obtain a booth rental license in each location. Independent contractors 
changing location must notify the Cosmetology Commission in writing in 
compliance with rule 89.41 of this title (relating to Change of Location of a 
Salon or Independent Contractor).
sec.89.69. Corporate Ownership of Private Schools or Salons. If an applicant for 
a speciality shop, salon, or private <nl>cosmetology <ol> [beauty culture] 
school license is a corporation, the applicant must supply the following 
information and documentation to the commission along with the relevant license 
application:
    (1)-(5) (No change.)
sec.89.70. New Private <nl>Cosmetology [Beauty Culture] School.  An applicant 
for a private <nl>cosmetology<ol> [beauty culture] school must submit, at least 
45 days prior to the tentative opening date, the following:
(1)-(5) (No change.)
(6) a good and sufficient surety bond]
<nl>(6)<ol>[(7)] inspection report of fire marshal and electrical inspector 
available in or before the inspection; and
<nl>(7)<ol>[(8)]  copy of the curriculum for each course offered.
<nl>(8)<ol>[(9)]  proof of financial stability by providing a certified 
financial statement of the owner or owners.
<nl>(9) On January 1, of each year each private cosmetology school receiving 
financial aid will contribute $200 into a special fund to protect the student if 
a school closes or ceases operation before the course is completed. Schools not 
receiving financial aid will participate $100 into the tuition protection fund. 
When the tuition protection fund reaches $200, 000 the contributions will cease 
until a portion of the fund is used, then the contributions will again be 
implemented to bring the fund up to capacity.
sec.89.72. Curriculum.  The curriculum listed has been established by the Texas 
Cosmetology Commission and must be followed by all <nl>cosmetology<ol> [beauty 
culture] schools. The curriculum shall be posted in a conspicuous place in the 
school. A current syllabus and lesson plans for each course shall be maintained 
by the school and be available for inspection.
(1) Operator Curriculum.
(A) Private <nl>Cosmetology<ol> [Beauty Culture] School:
(i)-(ix) (No change.)
(B) (No change.)
(2) Instructor Curriculum.
(A)-(C) (No change.)
sec.89.75. Field Trips. <ol> Field trips are permitted under the following 
conditions for student enrollment in the operator course. The following 
guidelines are to be strictly adhered to.
(1) A maximum of 40 hours out of the 1,500 hours is permitted per student:
<nl>(A) a maximum of 8 hours for the manicure course;
<nl>(B)  a maximum of 20 hours for the facial course;
<nl>(C) a maximum of 20 hours for students taking the 750 hour student 
instructor course; and
<nl>(D) a maximum of 8 hours for students taking the 250 hour student instructor 
course.
(2) Students must be under the supervision of <nl>a licensed<ol> [their own] 
instructor at all times during the field trip. The instructor-student ratio 
required in a school is required on a field trip.
(3)-(6) (No change.)
sec.89.76. Minimum Requirements For <nl>Cosmetology [Beauty Culture] School 
Separate Facility.
(a) A separate facility is an extension of a licensed or certified 
<nl>cosmetology<ol> [beauty culture] school. It is a supplemental training space 
located within 500 feet of the main facility. Its purpose is to provide adequate 
space to train an overflow of students who cannot be accommodated at the main 
facility. It is located within close proximity to the main facility so as to 
assure immediate supervision by the main facility.
(b)-(m) (No change.)
(n) A <nl>cosmetology<ol> [beauty culture] school shall be responsible and 
accountable to the commission for its separate facility.
(o) (No change.)
(p) The separate facility shall bear the same name as the licensed or certified 
<nl>cosmetology<ol> [beauty culture] school.
(q)  To be approved for continued operation on a current license or certificate 
, facilities shall be inspected and approved. A <nl>cosmetology<ol> [beauty] 
school adding a separate facility will submit, at least 45 days prior to the 
tentative opening date of the separate facility, the following;
(1)-(6)  (No change.)
(r) (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 11, 1991.
TRD-9112617
Ron Resech
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 454-4674
       
22 TAC sec.89.19
(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 
Cosmetology Commission or in the Texas Register office, Room 245, James Earl 
Rudder Building, 1019 Brazos Street, Austin.)
The Texas Cosmetology Commission proposes the repeal of  s89.19, concerning 
surety bond required. Legislation enacted in the 1991 regular session of the 
Texas Legislature did away with the surety bond requirements for schools.
Ron Resech, executive director, has determined that for the first five-year 
period the repeal is in effect there will be no fiscal implications for state or 
local government as a result of enforcing or administering the repeal.
Mr. Resech 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 
section as proposed will be not applicable, as the public is relatively 
unaffected by this particular 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 Alicia Ayers, Administrative 
Technician II, 5717 Balcones, P.O. Box 26700, Austin, Texas 78755-0700.
The repeal is proposed under Texas Civil Statutes, Article 8451a, which provides 
the Texas Cosmetology Commission with the authority to issue rules and 
regulations consistent with the Act that are needed to protect the public's 
health and welfare.
sec.89.19. $5,000 Surety Bond Required.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 11, 1991.
TRD-9112616
Ron Resech
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 454-4674
       
Part XI. Board of Nurse Examiners
Chapter 213. Practice and Procedure
22 TAC sec.sec.213.19, 213.20-213.22
(Editor's Note: The Board of Nurse Examiners proposes for permanent adoption the 
new and amended sections it adopts on an emergency basis in this issue. The text 
of the new and amended sections are in the Emergency Rules section of this 
issue.)
The Board of Nurse Examiners proposes 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 chemical dependent; declaratory order of eligibility; and 
representation. The amendments to sec.213.19 and sec.213.20 further clarify 
procedures used in determining a candidate's eligibility to write the licensure 
examination; sec.213.21 outlines procedures for a candidate requesting 
eligibility status prior to or presently enrolled in a nursing program and 
sec.213.22, "Representation," was renumbered only.
Louise Waddill, Ph.D., R.N., executive director, has determined that for the 
first five-year period the sections are in effect there will be fiscal 
implications for state or local government as a result of enforcing or 
administering the sections. The effect on state government for the first five-
year period the section are in effect will be an estimated increase in revenue 
$6,250 for fiscal years 1991-1995. There will be no effect on local government.
Ms. Waddill also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be to provide detailed procedures for a candidate and/or 
prospective candidate requesting verification of eligibility to write the 
licensure examination who has previously had a conviction or been hospitalized 
or treated for mental illness or a chemical dependence. There will be no effect 
on small businesses. The anticipated economic cost to persons who are required 
to comply with the sections as proposed will be $25 per order of eligibility as 
provided for in Texas Civil Statutes, Article 4527.
Comments on the proposal may be submitted to Louise Waddill, R.N., Ph.D., 
Executive Director, Board of Nurse Examiners, Box 140466, Austin, Texas 78714.
The amendments and new sections are proposed under Texas Civil Statutes, Article 
4514, sec.1, which provide the Board of Nurse Examiners with the authority to 
make and enforce all rules and regulations necessary for the performance of its 
duties and conducting of proceedings before it.
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 9, 1991.
TRD-9112562
Louise Waddill, Ph.D., R.N.
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 835-8650
       
22 TAC sec.213.21
(Editor's Note: The Board of Nurse Examiners proposes for permanent adoption the 
repealed section it adopts on an emergency basis in this issue. The text of the 
repealed section is in the Emergency Rules section of this issue.)
The Board of Nurse Examiners proposes the repeal of sec.213.21, concerning 
representation. The section is being repealed in order to add a new section for 
declaratory order of eligibility to allow the rules to follow in sequential 
order. The representation section is being renumbered and proposed as sec.213.22 
with no changes to the text.
Louise Waddill, R.N., Ph.D., 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. Waddill 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 to permit the addition of a new section regarding declaratory 
orders to follow the reasons for issuing a declaratory order. 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 Louise Waddill, R.N., Ph.D., 
Executive Director, Board of Nurse Examiners, Box 140466, Austin, Texas 78714.
The repeal is proposed under Texas Civil Statutes, Article 4514, sec.1, which 
provide the Board of Nurse Examiners with the authority to make and enforce all 
rules and regulations necessary for the performance of its duties and conducting 
of proceedings before it.
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 9, 1991.
TRD-9112560
Louise Waddill, Ph.D., R.N.
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 835-8650
       
Chapter 217. Licensure and Practice
22 TAC sec.sec.217.6-217.8
(Editor's Note: The Board of Nurse Examiners 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 Board of Nurse Examiners proposes amendments to sec. s217.6-217.8, 
concerning temporary permit, failure to renew certificate of reregistration, and 
reactivation from inactive status. These amendments are being proposed to 
include the provision for the issuance of a temporary permit for an RN who has 
been out of practice for four or more years; and sec.217.7 and  s217.8 will also 
include the recently adopted continuing education requirements for registered 
nurses.
Louise Waddill, Ph.D., R.N., executive director, has determined that for the 
first five-year period the sections are in effect there will be fiscal 
implications for state 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 $2,790 for fiscal years 
1991-1995. There will be no effect on local government.
Ms. Waddill also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be to require an RN who has been out of the practice of 
professional nursing for a period of four or more years to work under the 
supervision of another RN for the purpose of an extensive orientation and/or 
refresher course, and by requiring continuing education (CE) for those nurses as 
well, thus better protecting the public. There will be no effect on small 
businesses. The anticipated economic cost to persons who are required to comply 
with the sections as proposed will be that the RN obtaining a permit will pay 
the $15 permit fee; the cost for obtaining CE is not able to be determined at 
this time.
Comments on the proposal may be submitted to Louise Waddill, R.N., Ph.D., 
Executive Director, Board of Nurse Examiners, Box 140466, Austin, Texas 78714.
The amendments are proposed under Texas Civil Statutes, Article 4514, sec.1, 
which provide the Board of Nurse Examiners with the authority to make and 
enforce all rules and regulations necessary for the performance of its duties 
and conducting of proceedings before it.
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 9, 1991.
TRD-9112564
Louise Waddill, Ph.D., R.N.
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 835-8650
       
22 TAC sec.217.13
The Board of Nurse Examiners proposes an amendment to sec.217.13, concerning 
unprofessional conduct. The Board of Nurse Examiners is amending the 
unprofessional conduct rule to include a provision for failure to repay a loan 
received through the Guaranteed Student Loan Corporation as mandated by the 
Texas Education Code,  s57.491.
Louise Waddill, Ph.D., R.N., executive director, has determined that for the 
first five-year period the section is in effect there will be no fiscal 
implications for state government as a result of enforcing or administering the 
section. The effect on small government for the first five-year period the 
section is in effect will be an increase in the agency's workload, depending 
upon the number of RNs who have defaulted on their student loans. The cost 
cannot be determined at this time. There will be no effect on local government.
Ms. Waddill, also has determined that for each year of the first five years the 
section are in effect the public benefit anticipated as a result of enforcing 
the section will be not applicable as the public is relatively unaffected by 
this section as the RN negligent on repayment of the loan to the Guaranteed 
Student Loan Corporation would be affected. There will be no effect on small 
businesses. The anticipated economic cost to persons who are required to comply 
with the section cannot be determined at this time.
Comments on the proposal may be submitted to Louise Waddill, R.N., Ph.D., 
Executive Director, Board of Nurse Examiners, Box 140466, Austin, Texas 78714.
The amendment is proposed under Texas Civil Statutes, Article 4514, sec.1, which 
provide the Board of Nurse Examiners with the authority to make and enforce all 
rules and regulations necessary for the performance of its duties and conducting 
of proceedings before it.
sec.217.13. Unprofessional Conduct. <ol> The term "unprofessional conduct which, 
in the opinion of the board, is likely to deceive, defraud, or injure patients 
or the public," includes, but is not limited to, the conduct listed as follows:
(1)-(15) (No change.)
<nl>(16) failing to repay a guaranteed student loan, as provided in the Texas 
Education Code, sec.57.491.
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 9, 1991.
TRD-9112565
Louise Waddill, Ph.D., R.N.
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 835-8650
       
Chapter 223. Fees
22 TAC sec.223.1
(Editor's Note: The Board of Nurse Examiners proposes for permanent adoption the 
amended section it adopts on an emergency basis in this issue. The text of the 
amended section is in the Emergency Rules section of this issue.)
The Board of Nurse Examiners proposes an amendment to sec.223.1, concerning 
fees. During the 72nd Legislative Session, legislative action increased the 
renewal fee and provided for the Board of Nurse Examiners to charge for 
evaluating and issuing declaratory orders of eligibility for licensure for 
applicants who have had a criminal conviction and for an applicant who has been 
hospitalized and/or treated for mental illness or chemical dependency.
Louise Waddill, Ph.D., R.N. executive director, 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 is in effect will be an estimated increase in revenue of $464,000 for 
fiscal years (fy) 1991-1995 based on renewals; and for fy 1991-1995 based on 
declaratory orders. There will be no effect on local government.
Ms. Waddill 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 not be applicable, as the public is relatively unaffected by 
this particular section. There will be no effect on small businesses. The 
anticipated economic cost to persons who are required to comply with the section 
will be an increase of $8.00 per RN per biennial renewal; and $25 fee per 
applicant requesting order of eligibility.
Comments on the proposal may be submitted to Louise Waddill, R.N., Ph.D., 
Executive Director, Board of Nurse Examiners, Box 140466, Austin, Texas 78714.
The amendment is proposed under Texas Civil Statutes, Article 4514, sec.1, which 
provide the Board of Nurse Examiners with the authority to make and enforce all 
rules and regulations necessary for the performance of its duties and conducting 
of proceedings before it.
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 9, 1991.
TRD-9112567
Louise Waddill, Ph.D., R.N.
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 835-8650
       
Part XIV. Texas Optometry Board
Chapter 271. Examinations
22 TAC sec.sec.271.3-271.6
The Texas Optometry Board proposes amendments to sec. s271.3-271.6, concerning 
board examinations for licensure. This rule will provide information to 
candidates for licensure regarding the examination to be administered by the 
board for licensure to practice in Texas. The amendments are housekeeping 
changes as a result of the state written examination being phased out. 
Candidates have been informed of the phase-out through the rules which have been 
in effect and are now subject to change.
Lois Ewald, executive director, Texas Optometry Board, 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. Ewald also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be that the public will be assured that only qualified 
optometrists are licensed to practice in the State of Texas. 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 Lois Ewald, Executive Director, 
Texas Optometry Board, 9101 Burnet Road, Suite 214, Austin, Texas 78758.
The amendment is proposed 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.271.3. Examination Administration.
(a) Examination for a license to practice optometry in this state shall be 
conducted in the English language in writing and by such other means as the 
board shall determine adequate to ascertain the qualifications of the applicant. 
[All applicants examined at the same time shall be given the same written 
examination.] Each applicant shall be given due notice of the date and place of 
examination.
(b) Prior to an examination, the executive director or a member of the board 
designed by the chairman shall prepare a tentative schedule showing the time 
allotted to each <nl>examination <ol> [subject] and the order in which <nl>each 
<ol> [they will be given, said schedule to meet the approval of a majority of 
the members of the board. The tentative schedule of examination, and any changes 
made therein as the examination proceeds, shall be made known to the applicants 
during each day of the examination.
(c) The examination shall <nl>consist of three section, one of which shall be 
the National Board Examination (in lieu of a state written examination), one 
shall be practical, and one shall be a written Jurisprudence examination <ol> 
[be divided into two sections, one of which shall be practical and one of which 
shall be written.] The passing grade for the practical shall be 70 <nl>and 
the<ol> [The] passing grade on <nl>the Jurisprudence <ol> [each] written test 
shall be 70. [If an individual has failed to pass any single written test, then 
such applicant must have an overall average of 75 on all written tests to pass. 
Those applicants failing only the practical examination will be required to 
retake only the practical examination. Those applicants failing the practical 
and not having an overall average of 75 on the written tests must retake the 
practical examination and all written tests they failed.]
(d) Applicants shall be permitted to bring [table books, glide rules, and] 
computer calculators to the examination room. Applicants shall not communicate 
any words or signs with another applicant while the examination is in progress 
without the permission of the presiding examiner, nor leave the examination room 
except when so permitted by the presiding examiner. Violations of this rule 
shall subject the offender to expulsion.
(e)-(g) (No change.)
sec.271.4. Re-examinations.
(a) Any applicant taking the board examination for the second time who has 
failed to pass one or more of the [written] tests [and does not have an overall 
average of 75] will be required to retake all [written] tests which were failed. 
[An applicant failing the practical examination on the initial board examination 
will be required to retake the practical examination.]
(b) Any applicant taking the board examination for the third time will be 
required to take all [written] tests that were not passed in the two previous 
examinations.
(c) Any applicant taking the board examination for the fourth time must take the 
practical examination and all [written] tests previously failed and must score 
at least 70 on each to qualify for licensure. If a candidate has not passed the 
board after a fourth examination, he will be required to retake the entire exam, 
as if it were the first, with all applicable rules applying, as if it were a 
first examination.
(d) (No change.)
sec.271.5. Endorsement.
(a)-(g) (No change.)
(h) The examination fee for licensure by endorsement shall be $55. [Any 
applicant who does not qualify for licensure by endorsement may request that the 
fee be applied toward the initial examination, provided the examination is taken 
within one year.] No fee for licensure by endorsement will be returned to any 
applicant after his application hag been reviewed by the board.
(i) (No change.)
sec.271.6. National Board Examination.
(a) The board determines that the written examination by the National Board of 
examinersin Optometry (NBEO) complies in all material respects with the 
requirement of the Act,  s3. 05 and sec.3.06. [Beginning June 1, 1986, an 
applicant for licensure shall have the option of taking and passing all parts of 
the NBEO written examination or taking and passing the written examination given 
by the Texas Optometry Board.] The passing score on each part of the national 
board is determined by a criterion-referenced standard setting approach, in 
which the passing score is et at a scaled score of 300. [An applicant may take 
either the written examination given by the NBEO or the written examination 
given by the board, or both, and passage of either shall be acceptable. 
Beginning January 1, 1992, all applicants shall take and pass all parts of the 
NBEO written examination and the written examination by the board shall no 
longer be administered. The last written examination to be administered by the 
board will be in June of 1991. As a phase-out of the board's written 
examination, an applicant sitting for the first time at the January 1990 
examination will have three subsequent sittings to pass the examination; an 
applicant sitting for the June 1990 examination will have two subsequent 
sittings to pass the examination; an applicant sitting for the January 1991 
examination will have one subsequent sitting to pass the examination, and an 
applicant sitting for the June 1991 examination will have no subsequent sittings 
to pass the examination. If the entire written examination given by the board is 
not passed by the June 1991 examination, an applicant will be required to take 
the NBEO written examination in its entirety.]
(b)-(h)  (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 11, 1991.
TRD-9112655
Lois Ewald
Executive Director
Texas Optometry Board
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 835-1938
       
Chapter 273. General Rules
22 TAC sec.273.4
(Editor's Note: The Texas Optometry Board proposes for permanent adoption the 
amended section it adopts on an emergency basis in this issue. The text of the 
amended section is in the Emergency Rules section of this issue.)
The Texas Optometry Board proposes an amendment to sec.273.4, concerning the 
license renewal fee for optometrists. This rule will allow the board to increase 
its renewal fee as required by Rider Number 4 of the agency's appropriation 
pattern appearing in House Bill 1, 72nd Legislature, First Called Session, and 
to collect fees for therapeutic certification application and certificate, as 
required by Senate Bill 774, 72nd Legislature, 1991.
Lois Ewald, executive director, 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 is in effect will be 
an estimated increase in revenue of $42,800 for fiscal years 1992-1996. There 
will be no effect on local government.
Ms. Ewald also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that by increasing fees for relicensure, sufficient revenue is 
generated by the licensing agency to continue to conduct its state business to 
assure that the public is protected through examination, licensing, and 
enforcement processes. There will be no effect on small businesses. The 
anticipated economic cost to persons who are required to comply with the section 
as proposed will be an individual cost of $15 for each licensee; cost of $80 per 
individual seeking therapeutic certification.
Comments on the proposal may be submitted to Lois Ewald, Executive Director, 
Texas Optometry Board, 9101 Burnet Road, Suite 214, Austin, Texas 78758.
The amendment is proposed under Texas Civil Statutes, Article 4552, sec.2.14, 
which provide the Texas Optometry Board with the authority to promulgate 
procedural and substantive rules.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 11, 1991.
TRD-9112652
Lois Ewald
Executive Director
Texas Optometry Board
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 835-1938
       
Chapter 279. Interpretations
22 TAC sec.279.8
(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 Optometry 
Board or in the Texas Register office, Room 245, James Earl Rudder Building, 
1019 Brazos Street, Austin.)
The Texas Optometry Board proposes the repeal of sec.279.8, concerning the 
interpretation of sec.1.02 as it relates to the definition of diagnosing within 
the scope of optometry. Senate Bill 774, 72nd Legislature, 1991, amended the 
Texas Optometry Act which allows for an optometrist to diagnose and use topical 
pharmaceutical agents for diagnostic procedures under the scope of practice of 
optometry. Section 279.8, therefore, serves no purpose and such interpretation 
is not longer required.
Lois Ewald, 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. Ewald, also has determined that for each year of the first five years the 
repeal is in effect there will be no public benefit anticipated as a result of 
enforcing the repeal. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the repeal 
as proposed.
Comments on the proposal may be submitted to Lois Ewald, Executive Director, 
Texas Optometry Board, 9101 Burnet Road, Suite 214, Austin, Texas 78758.
The repeal is proposed 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.279.8. Board Interpretation Number Eight.
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 11, 1991.
TRD-9112653
Lois Ewald
Executive Director
Texas Optometry Board
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 835-1938
       
Chapter 280. Therapeutic Optometry
22 TAC sec.280.5
The Texas Optometry Board proposes an amendment to sec.280.5, concerning the 
list of drugs that may be prescribed by an optometrist who has met all education 
and examination requirements as a therapeutic optometrist. The list of drugs is 
required to be identified under Senate Bill 774, 72nd Legislature, 1991, and 
published as a board rule, once an advisory committee had recommended such 
listing to the agency. The list will provide information to licensees regarding 
the drugs which may be prescribed as a therapeutic optometrist.
Lois Ewald, executive director, Texas Optometry Board, 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. Ewald also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that the public will be protected by optometrists prescribing 
those drugs which fall within prescriptive authority of a certified therapeutic 
optometrist. 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 Lois Ewald, Executive Director, 
Texas Optometry Board, 9101 Burnet Road, Suite 214, Austin, Texas 78758.
The amendment is proposed 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.280.5. Prescriptions Written for Pharmaceutical Agents by the Therapeutic 
Optometrists.
(a)-(f) (No change.)
<nl>(g) All drugs listed within the following classifications which are used for 
treatment of the eye and adnexa fall within the working optometric formulary. No 
drug falling within one of the following categories may be used for the 
treatment of glaucoma in a manner that was not permitted by law on August 31, 
1991. Antiviral drugs falling within the anti-infective classification are not 
included in the formulary. All over-the-counter drugs are included in the 
formulary, as well as combinations of the drugs falling within the following 
classifications:
<nl>(1) anti-allergy:
<nl>(A) antihistamine;
<nl>(B) membrane stabilizer;
<nl>(2) anti-fungal:
<nl>(A) imidazoles;
<nl>(B) polyenes;
<nl>(3) anti-infective:
<nl>(A) aminoglycoside;
<nl>(B) anti cell membrane;
<nl>(C) anti cell wall synthesis;
<nl>(D) anti DNA synthesis;
<nl>(E) anti protein synthesis (excluding chloramphenicol);
<nl>(F)  anti-ACHase;
<nl>(G) cephalosporin;
<nl>(H) intermediary metabolism;
<nl>(4) anti-inflammatory:
<nl>(A) nonsteroidal anti-inflammatory drug (NSAID);
<nl>(B) steroid;
<nl>(5)  antiseptic;
<nl>(6) chelating agent;
<nl>(7) chemical cautery;
<nl>(8) cycloplegic: parasympatholytic;
<nl>(9)  hyperosmotic;
<nl>(10) miotic;
<nl>(A) anti-ACHase;
<nl>(B) parasympathomimetic;
<nl>(11) mucolytic;
<nl>(12)  mydriatic: sympathomimetic (Alpha 1 agonists only);
<nl>(13)  vasoconstrictor: sympathomimetic (Alpha 1 agonist only).
<nl>(h)  This formulary specifically list the types of drugs which may be 
prescribed by a therapeutic optometrist. A therapeutic optometrist may possess 
and administer any topical ocular pharmaceutical agent which has a legitimate 
diagnostic or therapeutic use.
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 11, 1991.
TRD-9112654
Lois Ewald
Executive Director
Texas Optometry Board
Earliest possible date of adoption: November 18, 1991
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
(Editor's Note: The Texas Board of Private Investigators and Private Security 
Agencies proposes for permanent adoption the repealed section it adopts on an 
emergency basis in this issue. The text of the repealed section is in the 
Emergency Rules section of this issue.)
The Texas Board of Private Investigators and Private Security Agencies proposes 
the repeal of sec.460.1, concerning application processing and refunds. The 
section sets out 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 repeal of this section 
is in the public interest and is necessary to comply with the Administrative 
Procedure and Texas Register Act, Article 6252-13b.1, sec.3, agency rules, which 
sets forth specific guidelines for the processing of applications.
Clema D. Sanders, 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. Sanders, also has determined that for each year of the first five years the 
repeal in effect the public benefit anticipated as a result of enforcing the 
repeal will be faster processing of applications, less time spent by agency 
personnel in dealing with deficient applications, faster resolution of disputes 
arising from violations of filing deadlines, and faster processing of criminal 
history checks. 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 Clema D. Sanders, P.O. Box 13509, 
Austin, Texas 78711.
The repeal is proposed under Texas Civil Statutes, Article 4413 (29bb), sec.11, 
which provide 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.
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-9112369
Clema D. Sanders
Executive Director
Texas Board of Private Investigators and Private Security Agencies
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-5545
       
(Editor's Note: The Texas Board of Private Investigators and Private Security 
Agencies proposes for permanent adoption the new section it adopts on an 
emergency basis in this issue. The text of the new section is in the Emergency 
Rules section of this issue.)
The Texas Board of Private Investigators and Private Security Agencies proposes 
new sec.460.1, concerning acceptance for filing; defective applications. The new 
section sets forth guidelines for the acceptance of, processing of, and time 
limitations on applications. The board has determined that adoption of this 
section is in the public interest and is necessary to comply with the 
Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 
6252-13b.1, sec.3, agency rules, which sets forth specific guidelines for the 
processing of applications.
Clema D. Sanders, 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. Sanders, 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 faster processing of applications, less time spent by agency 
personnel in dealing with deficient applications, faster resolution of disputes 
arising from violations of filing deadlines, and faster processing of criminal 
history checks. 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 Clema D. Sanders, P.O. Box 13509, 
Austin, Texas 78711.
The new section is proposed under Texas Civil Statutes, Article 4413 (29bb), 
sec.11, which provide 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.
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-9112370
Clema D. Sanders
Executive Director
Texas Board of Private Investigators and Private Security Agencies
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-5545
       
Part XXII. Texas State Board of Public Accountancy
Chapter 515. Licensees
22 TAC sec.515.10
The Texas State Board of Public Accountancy proposes new  s515.10, concerning 
licenses for certificate holders who default on student loans. The new rule does 
not allow certified public accountants to obtain licenses if they are in default 
with loans guaranteed by the Texas Guaranteed Student Loan Corporation unless 
certain statutory requirements are met.
William Treacy, 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. Treacy also has determined that for each year of the first five years the is 
in effect the public benefit anticipated as a result of enforcing the section 
will be that certified public accountants will have additional incentive to 
remain current on payments for their guaranteed student loan. 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 J. Randel (Jerry) Hill, General 
Counsel, 1033 La Posada, Suite 340, Austin, Texas 78752-3892.
The new section is proposed under Texas Civil Statutes, Article 41a-1, sec.6(a) 
, which provide the Texas State Board of Public Accountancy with the authority 
to promulgate rules relating to licensing, and is proposed pursuant to the Texas 
Education Code, sec.57.491.
sec.515.10. Licenses for Certificate Holders With Defaulted Student Loans.
(a) The board shall not renew the license of a licensee whose name appears on 
the list of persons who are in default of loans guaranteed by the Texas 
Guaranteed Student Loan Corporation (TGSLC) and in default of repayment 
agreements unless:
(1) the renewal is the first renewal following the board's receipt of the list 
including the licensee's name among those in default; or
(2) the licensee presents a certificate issued by TGSLC certifying that:
(A) the licensee has entered a repayment agreement on the defaulted loan; or
(B) the licensee is not in default on a loan guaranteed by TGSLC.
(b) The board may issue initial licenses to persons whose names appear on the 
list of persons who are in default of loans guaranteed by TGSLC if that person 
meets the qualifications for licensure established by the board; provided, 
however, that the board shall not renew the license unless the person presents a 
certificate issued by TGSLC certifying that:
(1) the licensee has entered into a repayment agreement on the defaulted loan; 
or
(2) the licensee is not in default on a loan guaranteed by the TGSLC.
(c) The board shall provide licensees with the opportunity to have a public 
hearing pursuant to the board's rules prior to taking action concerning 
nonrenewal of licenses for default of student loans.
(d) The board's nonrenewal policy shall be printed on each license renewal 
notice and license application.
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 26, 1991.
TRD-9112457
William Treacy
Executive Director
Texas State Board of Public Accountancy
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 450-7066
       
TITLE 28. INSURANCE
Part II. Texas Workers' Compensation Commission
Chapter 112. Scope of Liability for Compensation
Subchapter E. Professional Athletes Election of Coverage
28 TAC sec.112.401, sec.112.402
The Texas Workers' Compensation Commission proposes new  s112.401 and 
sec.112.402, concerning the mandatory election of benefits to be made by certain 
professional athletes after work-related injuries. Proposed sec.112.401 requires 
a professional athlete, no later than 15 days after an injury, to make a written 
election to receive either workers' compensation insurance benefits or 
equivalent benefits provided by contract or collective bargaining agreement; 
requires the employer to provide the athlete with written notice of this 
mandatory election at the time the contract is executed; and establishes filing 
requirements for the written election. Section 112.402 defines when contractual 
benefits are equivalent to workers' compensation insurance benefits. The new 
sections are mandated by Texas Civil Statutes, Article 8308-3.075, enacted by 
the 72nd Legislature, Regular Session, 1991.
Andrew Thigpen, associate director, financial management, has determined that 
for each year of the first five-year period the new sections are in effect, 
there will be no fiscal implications for the state or local government as a 
result of enforcing or administering the new sections.
There is no anticipated impact on employment, locally or statewide, as a result 
of implementing these new sections.
Mr. Thigpen also has determined that for each of the first five years the new 
sections are in effect the public benefit anticipated as a result of enforcing 
the new sections will be implementation of the Texas Workers' Compensation Act 
and a means by which an athlete may choose coverage offering higher benefits. 
There will be no effect on small businesses. There is anticipated economic cost 
to employers required to comply with sec.112.401 as proposed, if they choose to 
file the athlete's election by certified mail, return receipt requested. For 
such employers, the cost of compliance will be $2.29 per letter. There are no 
anticipated economic costs for persons required to comply with sec.112.402 as 
proposed.
Comments on the proposal may be submitted to Susan M. Kelley, General Counsel, 
Texas Workers' Compensation Commission, 4000 South IH-35, Austin, Texas 78704. 
Comments will be accepted for 30 days after publication of this proposal in the 
Texas Register.
The new sections are proposed under Texas Civil Statutes, Articles 8308-2. 
09(a), which authorizes the commission to adopt rules necessary to implement and 
enforce the Texas Workers' Compensation Act, and Articles 8308-3.075, which 
requires adoption of rules to establish the procedures and requirements for the 
mandatory election.
sec.112.401. Election of Coverage by Certain Professional Athletes.
(a) A professional athlete employed by a franchise with workers' compensation 
insurance coverage and subject to the Texas Workers' Compensation Act (the Act), 
Article 8308-3.075, shall elect to receive either the benefits available under 
the Act or the equivalent benefits available under the athlete's contract or 
collective bargaining agreement. The election shall be made not later than the 
15th day after the athlete sustains an injury in the course and scope of 
employment. If the athlete fails to make an election, the athlete will be 
presumed to have elected the option which provides the highest benefits.
(b) When a contract is signed by a professional athlete, the employer shall give 
the athlete a copy of the following statement: "[Name of employer] has workers' 
compensation coverage from [name of insurance carrier]. If the benefits 
available to you under your contract and any applicable collective bargaining 
agreement are equivalent to or greater than those available to you under the 
Texas Workers' Compensation Act. Article 8308-3.075 of that Act requires you to 
elect whether to receive the benefits available to you under the Act or the 
benefits available to you under your contract and any applicable collective 
bargaining agreement. You must make this election no later than fifteen days 
after sustaining an injury. If you elect to receive the benefits available to 
you under your contract and any applicable collective bargaining agreement, you 
cannot obtain workers' compensation income or medical benefits if you are 
injured. You can get more information about your workers' compensation rights 
and the benefits available to you under the Act from any office of the Texas 
Workers' Compensation Commission, or by calling [the Commission's assigned toll 
free number]."
(c) The election shall be in writing and shall:
(1) indicate the date of the injury for which the election is being made;
(2) indicate whether the athlete elects to receive the benefits available under 
the Act or the benefits provided under the contract or agreement; and
(3) be signed by the athlete and the employer.
(d) If the athlete elects to receive the benefits available under the Act, the 
election shall be provided to the commission by personal delivery or registered 
or certified mail within 10 days of the date of execution. A copy shall also be 
provided to the franchise's workers' compensation insurance carrier within 10 
days of the date of execution. Both the athlete and the franchise shall also 
keep a copy of the election.
(e) If the athlete elects to receive the benefits available under the contract 
and any agreement, the election shall be provided to the franchise's workers' 
compensation insurance carrier by personal delivery or registered or certified 
mail within 10 days of the date of execution. Both the athlete and the franchise 
shall keep a copy of the election.
(f)  An election made under this section is irrevocable and binding on the 
athlete and the athlete's legal beneficiaries for a compensable injury incurred 
on the date specified in the election.
sec.112.402. Determination of Equivalent Benefits for Professional Athletes.
(a) Medical care available to a professional athlete subject to the Act, Article 
8308-3.075, is equal to or greater than medical benefits under the Act if:
(1) the athlete is entitled to all health care reasonably required by the nature 
of the work-related injury as and when needed, including all health care that:
(A) cures or relieves the effects naturally resulting from the work-related 
injury;
(B) promotes recovery; or
(C) enhances the ability of the employee to return to or retain employment; and
(2) the employer's liability for health care is not limited or terminated in any 
way by the contract or collective bargaining agreement.
(b) When the athlete is not eligible for lifetime income benefits or when the 
athlete's legal beneficiaries are not eligible for death benefits under the Act, 
weekly benefits available to a professional athlete subject to the Act, Article 
8308-3.075, are equal to or greater than the income benefits provided under the 
Act if the total amount of the payments provided for in the contract or 
collective bargaining agreement and made under subsection (b)(1) of this section 
is equal to or greater than the maximum weekly benefit available under the Act 
multiplied by 104.
(c) When the athlete is entitled to lifetime income benefits under the Act, 
weekly benefits available to a professional athlete subject to Article 8308-
3.075 of the Act are equal to or greater than the income benefits provided under 
the Act if equal to or greater than the maximum weekly benefit available under 
the Act.
(d) When the athlete's legal beneficiaries are entitled to death benefits under 
the Act, weekly benefits available to the legal beneficiaries of a professional 
athlete subject to the Act, Article 8308-3.075 are equal to or greater than the 
death benefits provided under the Act if equal to or greater than the maximum 
weekly benefit available under the 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 9, 1991.
TRD-9112514
Susan M. Kelley
General Counsel
Texas Workers' Compensation Commission
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 440-3972
       
Chapter 120. Compensation Procedures-Employers
28 TAC sec.120.3
The Texas Workers' Compensation Commission proposes new  s120.3, concerning a 
new commission form, the Employer's Supplemental Report of Injury. <ol> The new 
section defines who must file; sets out procedures for filing; requires that the 
form be filed when an injured employee suffers eight days of disability, returns 
to work, is terminated or resigns, or receives adjusted post-injury earnings; 
and establishes a penalty for noncompliance.
Andrew Thigpen, associate director, financial management, has determined that 
for each year of the first five-year period the section is in effect, there will 
be no fiscal implications for the state or local government as a result of 
enforcing or administering the section.
There is no anticipated impact on employment, locally or statewide, as a result 
of implementing the new section.
Mr. Thigpen also has determined that for each of the first five years the new 
section is in effect, the public benefit anticipated as a result of enforcing 
the new section will be implementation of the Texas Workers' Compensation Act, 
and improved monitoring and adjusting of worker's compensation claims. There 
will be no effect on small businesses except the economic costs of compliance 
stated below for persons required to comply with the new section. The cost of 
compliance for small businesses is proportionate to the cost of compliance for 
large businesses. The economic cost to persons who are required to comply with 
the section as proposed will be the minimal costs of reproducing the required 
form, and first class postage, if the form is filed by mail. First class postage 
is estimated to be $.029 for a one ounce mailing, and $0.23 for each additional 
ounce. The number of forms mailed in a single mailing will determine the 
postage. Costs for reproducing the form are undeterminable, and will vary 
according to the method of reproduction used.
Comments on the proposal may be submitted to Susan M. Kelley, General Counsel, 
Texas Workers' Compensation Commission, 4000 South IH-35, Austin, Texas 78704. 
Comments will be accepted for 30 days after publication of this proposal in the 
Texas Register.
The new section is proposed under Texas Civil Statutes, Article 8308-2.09(a), 
which authorize the commission to adopt rules necessary to administer the Texas 
Workers' Compensation Act.
sec.120.3. Employer's Supplemental Report of Injury.
(a) As used in this section, the term "employer" means the employer for whom the 
employee was working when injured.
(b) The employer shall file form TWCC 6, Employer's Supplemental Report of 
Injury, when:
(1) the employer knows or should know that the injured employee has suffered or 
will suffer eight days of disability, as defined in sec.124.7 of this title 
(relating to Initial Payment of Temporary Income Benefits);
(2) the injured employee returns to work for the employer; or
(3) the injured employee resigns or is terminated.
(c) The report required by subsection (b) of this section shall be filed with 
the commission field office handling the claim and sent to the employer's 
carrier by first class mail or personal delivery no later than the tenth day 
after one of the occurrences listed in subsection (b) of this section.
(d) As provided by sec.129.4(c) of this title (relating to Adjustment of 
Temporary Income Benefit Amount), the employer shall file form TWCC 6, 
Employer's Supplemental Report of Injury, when the post-injury earnings paid by 
the employer to an injured employee entitled to temporary income benefits 
increase or decrease for any reason, including layoff.
(e) The report required by subsection (d) of this section shall be sent to the 
employer's carrier by first class mail or personal delivery no later than the 
tenth day after the end of each pay period.
(f) Failure to comply with the requirements of this section, without good cause, 
is a Class D administrative violation, subject to a penalty not to exceed $500.
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 9, 1991.
TRD-9112512
Susan M. Kelley
General Counsel
Texas Workers' Compensation Commission
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 440-3972
       
Chapter 160. Worker's Health and Safety-General Provisions
28 TAC sec.160.1
The Texas Workers' Compensation Commission proposes an amendment to sec.160. 1, 
concerning requirements for notifying employees of the commission's toll-free 
safety "hotline". The proposed amendment is intended to prevent the word 
"language" from being misinterpreted as prohibiting posting of the notice in any 
language other than English and Spanish. As amended, the section still requires 
posting in English and Spanish, but expressly permits additional posting in any 
other language appropriate to the workplace.
Andrew Thigpen, associate director, financial management, has determined that 
for the first five-year period the section is in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the sections.
There is no anticipated impact on employment, locally or statewide, as a result 
of implementing this section as amended.
Mr. Thigpen also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be implementation of the new Texas Workers' Compensation Act, 
improved understanding, and compliance with the Act and this rule. 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 Susan M. Kelley, General Counsel, 
Texas Workers' Compensation Commission, 4000 South IH-35, Austin, Texas 78704. 
Comments will be taken for 30 days after publication of this proposal in the 
Texas Register.
The amendment is proposed under Texas Civil Statutes, Article 8308-2.09(a), 
which authorize the commission to adopt rules necessary to implement and enforce 
the Texas Workers' Compensation Act.
sec.160.1. Employee Report of Safety Violations.
(a) (No change.)
(b) The notice required by this section shall be:
(1)-(2) (No change.)
(3) printed in at least 24-point bold type; [and]
(4) limited to the <nl>wording<ol> [language] required by this rule; <nl>and<ol> 
[.]
(5) <nl>posted in both English and Spanish, and may be translated into any other 
languages appropriate to the employer's workplace.
(c) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 9, 1991.
TRD-9112513
Susan M. Kelley
General Counsel
Texas Workers' Compensation Commission
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 440-3972
       
TITLE 34. PUBLIC FINANCE
Part I. Comptroller of Public Accounts
Chapter 3. Tax Administration
Subchapter O. State Sales and Use Tax
34 TAC sec.3.290
The Comptroller of Public Accounts proposes an amendment to sec.3.290, 
concerning automotive repair and maintenance shops. The amendment changes the 
section reference for persons repairing motor vehicles from sec.3.292, 
concerning repair, remodeling, maintenance, and restoration of tangible personal 
property to sec.3.359, concerning motor vehicles and private aircraft. Other 
minor changes were made for clarity.
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 on 
the state or local government as a result of enforcing or administering the 
section.
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. 
This section is adopted under the Tax Code, Title 2, and does not require a 
statement of fiscal implications for 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 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.3.290. Automotive Repair and Maintenance Shops.
(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) Component-A part of a motor vehicle such as tires, batteries, shock 
absorbers, and mufflers or a motor vehicle system such as the suspension, 
electrical, or cooling systems necessary to the proper operation of a motor 
vehicle and  <nl>including<ol> [includes] any part of the chassis or body.
(3) Equipment attachment-A part attached to a motor vehicle which is neither a 
component, nor an accessory<nl>, <ol> but which may be cargo that the vehicle 
transports, such as a welder, crane, compressor, or other type equipment.
(4) (No change.)
(b) <nl>Except when replacing a defective or inoperative component or accessory, 
a <ol> [A] person engaged in the sale and installation of motor vehicle 
component parts and accessories must collect sales tax on the price charged for 
the parts, accessories, and installation. The removal and replacement of 
defective, worn, or unsafe accessories or components is a repair and not a sale 
and installation.
(1) <nl>Except when replacing a defective or inoperative component or accessory, 
the <ol> [The] total charge for the sale and installation of an accessory or a 
component is subject to tax regardless of whether the charge is lump-sum or 
separated.
(2) The replacement of a defective or inoperative component or accessory is a 
repair of a motor vehicle. The tax responsibility of the <nl>persons repairing 
motor vehicles<ol> [repairman] is covered under <nl>sec.3.359 of this title 
(relating to Motor Vehicles and Private Aircraft)<ol> [sec.3.292(b) of this 
title (relating to Repairmen)]. The repair of a motor vehicle component or of an 
accessory is considered the repair of a motor vehicle.
(3) The repair of equipment attachments is considered the repair of tangible 
personal property and is taxed according to sec.3.292[(c)] of this title 
(relating to <nl>Repair Remodeling Maintenance and Restoration of Tangible 
Personal Property <ol> [Repairmen]).
(c) (No change.)
(d) A person may repair a motor vehicle component or accessory for the general 
repairman who is performing general repair work on a motor vehicle.
(1) (No change.)
(2) If the person repairing the component or accessory charges one lump-sum 
amount for the repair of the component or accessory, the person is a lump-sum 
repairman under <nl> s3.359 of this title relating to Motor Vehicles and Private 
Aircraft<ol> [sec.3.292(b) of this title (relating to Repairmen)].
(e)-(f) (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 8, 1991.
TRD-9112359
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-4028
       
Subchapter P. Local Sales and Use Tax
34 TAC sec.3.372
The Comptroller of Public Accounts proposes an amendment to sec.3.372, 
concerning adopting or abolishing city tax. The amendment adds information on 
local tax for industrial development and on the various tax rates authorized by 
legislation passed during the 72nd Legislature, 1991. The legislation 
authorizing the various tax rates is effective on or after August 24, 1991.
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 on 
the state or local government as a result of enforcing or administering the 
section.
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. 
This section is adopted under the Tax Code, Title 2, and does not require a 
statement of fiscal implications for 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 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.3.372. Adopting<nl>, Increasing, Decreasing, or Abolishing 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) [Metropolitan] Transit <nl>authority <ol> [Authority (MTA)]-Any rapid 
transit authority, regional transportation authority, or city transit department 
formed under Texas Civil Statutes, Articles 1118x, 1118y, or 1118z <nl>and 
designated as a taxing entity under the Tax Code, sec.322.002.
(b)  General. Any city may, by a majority vote of the qualified voters of that 
city voting at an election held for that purpose, adopt or abolish a local sales 
and use tax in accordance with the provisions of the Local Sales and Use Tax Act 
<nl>and the Development Corporation Act of 1979<ol>.
(1) A tax rate of 1.0% may be imposed <nl>or abolished<ol> on the receipts from 
the sale at retail of all taxable items. This tax is for the use and benefit of 
the city. No city may pledge anticipated revenue from this tax to secure the 
payment of bonds or other indebtedness.
(2) An additional tax rate of <nl>1/8, 1/4, 3/8, or 1/2 of 1.0%<ol> [0.5%] may 
be imposed<nl>, increased, reduced, or repealed<ol> on the receipts from the 
sale at retail of all taxable items. This tax must be used to reduce the 
property tax rate if the city has imposed a property tax. This additional [0.5%] 
tax may not be imposed if the city:
(A) is within the boundaries of a [metropolitan] transit authority;
(B) is in a county that includes territory within the boundaries of a 
[metropolitan] transit authority created under Texas Civil Statutes, Article 
1118y, by a principal city with a population of more than 800,000 unless:
(i)-(ii) (No change.)
<nl>(iii)<nl> the city is not and on January 1, 1991, was not included within 
the boundaries of an authority and the city had a population in excess of 67,000 
as reported in the 1990 federal census.
(C) (No change.)
<nl>(3) Cities that qualify under the Development Corporation Act of 1979 may 
impose a tax rate of 1/8, 1/4, 3/8, or 1/2 of 1.0% to fund industrial 
development programs.
<nl>(4)<ol>[(3)]  A city may not adopt  <nl>or increase<ol> the tax if the 
resulting combined rate of all local sales and use taxes (city, county, 
<nl>transit, and other local taxes for special purposes<ol> [and MTA]) exceeds 
2.0% at any location in the city. If a city and other local taxing entities with 
territory in the city hold elections on the same day to adopt or increase local 
sales tax, and the results of the elections cause the combined tax rate to 
exceed 2.0%, the election held by the <nl>transit authority<ol> [MTA] would be 
without effect first. If the tax rate still exceeds 2.0%, the election held by 
the county would be without effect. The total combined local tax rate imposed by 
local taxing entities with territory in the city may never exceed 2.0%.
(c)  Notification requirements. Where the majority votes are found to be <nl>in 
favor of <ol> [for] the proposition [voted on], the city secretary shall forward 
to the Comptroller of Public Accounts by United States registered mail or 
certified mail a certified copy of the ordinance or resolution of the governing 
body canvassing the returns and declaring the result of such election. Such 
ordinance or resolution shall reflect the date of the election in such city, the 
proposition voted on, the total number of votes cast for and against the 
proposition, and the number of votes by which the proposition was approved. For 
the purposes of the tax imposed under subsection (b)(1) of this section, the 
election results should be accompanied by a map of the city clearly showing the 
boundaries thereof.
(d) Effective date of adoption<nl>, reduction, increase,<ol> or abolition. Upon 
actual receipt by the comptroller of notification as set forth in subsection (c) 
of this section, there shall elapse one whole calendar quarter prior to such 
adoption<nl>, reduction, increase,<ol> or abolition becoming effective. 
Thereafter, the adoption<nl>, reduction increase,<ol> or abolition shall be 
effective as follows:
(1) beginning on the first day of the calendar quarter next succeeding the 
elapsed quarter for the taxes imposed under subsection (b)(1) of this section. 
The following illustrates the effective date of adoption<nl>, reduction, 
increase,<ol> or abolition:
[graphic]
(2) (No change.)
(e)-(g) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 8, 1991.
TRD-9112357
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-4028
       
Subchapter R. Transit Sales and Use Tax
34 TAC sec.3.422
The Comptroller of Public Accounts proposes an amendment to sec.3.422, 
concerning adopting or abolishing MTA tax. The amendment changes the definition 
of metropolitan transit authority to conform to amendments in other local tax 
rules and makes other minor changes for clarity.
Tom Plaut, chief revenue estimator, has determined that for the first five-year 
period the proposed section is in effect there will be no significant revenue 
impact on the state or local government as a result of enforcing or 
administering the section.
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. 
This section is adopted under the Tax Code, Title 2, and does not require a 
statement of fiscal implications for small businesses. There is no anticipated 
economic cost to person who are required to comply with the proposed section.
Comments on the proposal may be submitted to Lucy Glover, Manager, Tax 
Administration Division, P.O. Box 13528, Austin, Texas 78711.
The amendment is proposed under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
sec.3.422. Adopting<nl>, Increasing, Decreasing, or Abolishing <nl>Transit (MTA) 
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) [Metropolitan] Transit <nl>authority <ol> [Authority (MTA)]-Any rapid 
transit authority [created under Texas Civil Statutes, Article 1118x], regional 
transportation authority [created under Texas Civil Statutes, Article 1118y], or 
city transit department <nl>formed<ol> [created] under Texas Civil Statutes, 
<nl>Articles<ol> [Article] <nl>1118x, 1118y, or<ol> 1118z <nl>and designated as 
a taxing entity under the Tax Code, sec.322. 002<ol>.
(2) (No change.)
(b) Adopt or abolish.
(1) Any [metropolitan] transit authority may, by a majority vote of the 
qualified voters of the authority, adopt or abolish <nl>transit<ol> [an MTA] 
sales and use tax as provided in the statute authorizing the authority.
(2) <nl>A transit authority <ol> [An MTA] may not adopt or increase the tax if 
the resulting combined tax rate of all local sales and use taxes (city, county,  
<nl>transit, and other local taxes for special purposes <ol> [MTA]) imposed by 
local taxing entities with territory in the <nl>transit authority<ol> [MTA] 
would exceed 2.0%. If <nl>a transit authority<ol> [an MTA] and another local 
taxing entity within the <nl>transit authority<ol> [MTA] hold elections and 
approve a tax increase or adopt a tax on the same day and the resulting combined 
tax rate in any area of the <nl>transit authority<ol> [MTA] exceeds 2.0%, the 
election held by the <nl>transit authority<ol> [MTA] has no effect. The total 
combined local tax rate imposed by local taxing entities with territory in <nl>a 
transit authority <ol> [the MTA] may never exceed 2.0%.
(c) (No change.)
(d) Tax rate. Except for city transit departments, the <nl>transit<ol> [MTA] 
sales and use tax rate may be levied only as 1/4 of 1.0%, 1/2 of 1.0%, 3/4 of 
1.0%, or 1.0%. The tax rate for city transit departments may be levied at 1/4 of 
1.0% or 1/2 of 1.0%.
(e) Effective date for <nl>transit<ol> [MTA] sales and use tax. Following actual 
receipt by the Comptroller of Public Accounts of notification of adoption of an 
<nl>transit <ol> [MTA] sales and use tax containing the information required by 
subsection (c) of this section, one whole calendar quarter must elapse before 
the <nl>transit <ol> [MTA] sales and use tax is effective. The adoption is 
effective on the first day of the next calendar quarter following the elapsed 
calendar quarter.
(f) Tax rate change.
(1) Any election for approval of a tax increase must conform to the requirements 
prescribed in subsection (c) of this section for elections and notification. The 
<nl>transit <ol> authority may, by a board order, decrease the tax rate provided 
the presiding officer of the board files a certified copy of the order with the 
State Department of Highways and Public Transportation and the Comptroller of 
Public Accounts.
(2) If there is an increase or decrease in the rate of an <nl>transit<ol> [MTA] 
sales and use tax already levied, the new rate becomes effective the first day 
of the next succeeding calendar quarter following actual notification to the 
Comptroller of Public Accounts. However, if the comptroller notifies the 
presiding officer of the board in writing within 10 days after receipt of the 
order that he requires more time, the comptroller is entitled to delay 
implementation one whole calendar quarter. The new tax rate is effective the 
first day of the next succeeding calendar quarter following the elapsed quarter.
(g) (No change.)
(h) Telecommunications services. [Telecommunications services are exempt from 
MTA sales tax until October 1, 1987. Thereafter, the MTA sales tax exemption may 
be repealed on certain telecommunications services.] See sec.3.344 of this title 
(relating to Telecommunications Services).
(1) The board of a [metropolitan] transit authority may adopt by a majority vote 
of the board an order repealing the exemption on telecommunications services. 
The board chairman or secretary must forward to the comptroller by United States 
registered or certified mail a copy of the ordinance. Upon receipt by the 
comptroller of notification, one whole calendar quarter shall elapse before 
<nl>transit<ol> [MTA] tax applies to telecommunications services. The adoption 
is effective on the first day of the next calendar quarter following the elapsed 
calendar quarter.
(2) The board of the authority may exempt telecommunications services from 
<nl>transit<ol> [MTA] tax in the same manner in which the exemption was 
repealed.
(3) The <nl>transit<ol> [MTA] sales tax exemption on interstate long- distance 
telecommunications services may not be repealed. Notwithstanding any action on 
the part of the board of an authority, charges for interstate long- distance 
telecommunications services will be exempt from <nl>transit <ol> [MTA] sales and 
use tax.
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 11, 1991.
TRD-9112605
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-4028
       
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part III. Texas Commission on Alcohol and Drug Abuse
Chapter 150. Licensure of Chemical Dependency Counselors
Counselor Licensing Rules
40 TAC sec.sec.150.1-150.18, 150.20, 150.22
(Editor's Note: The Texas Commission on Alcohol and Drug Abuse proposes for 
permanent adoption the new sections it adopts on an emergency basis in this 
issue. The text of the new sections is in the Emergency Rules section of this 
issue.)
The Texas Commission on Alcohol and Drug Abuse proposes new sec.sec.150.1-150. 
18, 150.20, and 150.22, concerning chemical dependency counselor licensure 
rules. The rules establish procedures regarding licensure requirements, 
application process and fees, transition period, disciplinary action and ethical 
standards for chemical dependency counselors as a result of recent legislation 
which revised Texas Civil Statutes, Article 4512. Identical emergency action has 
been simultaneously filed.
John Hopkins, director fiscal and support services department, 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. Hopkins also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be that all chemical dependency counselors in the state will 
meet certain ethical standards and educational and experiential requirements to 
ensure quality services to clients. There will be no effect on small businesses. 
The anticipated economic cost to persons who are required to comply with the 
sections as proposed will be as follows: Chemical Dependency Counselor-$215 in 
1992, $40 in 1994, $40 in 1996; Counselor Intern Fee-$25 in 1992; Late Fee-
Renewal/90 days-$75 in 1994, $75 in 1996; Late Fee-Renewal/two years-$150 in 
1994, $150 in 1996; Duplication Fee-$10 (as needed).
Comments on the proposal may be submitted to Denise Mosel, Division Assistant, 
Administrative Services Division, Texas Commission on Alcohol and Drug Abuse, 
720 Brazos, Suite 403, Austin, Texas 78701-2506.
The new sections are proposed 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. The commission prescribes the following rules and procedure by which 
a person who provides chemical dependency counseling must obtain a license 
issued under this 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 8, 1991.
TRD-9112388
Bob Dickson
Executive Director
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 867-8720
       
TITLE 43. TRANSPORTATION
Part I. Texas Department of Transportation
Chapter 9. Division of Construction and Contract Administration
Emergency Contract Procedures
43 TAC sec.sec.9.20-9.22
The Texas Department of Transportation proposes new sec. s9.20-9.22 concerning 
emergency contract procedures. The new sections authorize the department to 
implement procedures designed to expedite the award of highway improvement 
contracts to meet emergency conditions in which essential corrective or 
preventive action would be unreasonably hampered or delayed by compliance with 
other laws. Texas Civil Statutes, Article 6674h-2 authorizes the department to 
award a highway improvement contract in accordance with administrative rules 
promulgated by the Texas Transportation Commission. The new sections establish 
contract procedures relating to the certification of the emergency, contractor 
eligibility, notification of prospective bidders, bidding requirements, letting 
procedures, contract form and content, and reports to the commission. The 
department adopted on an emergency basis new sec.sec.9.20-9.22, effective August 
30, 1991, which were published in the September 10, 1991, issue of the Texas 
Register  (16 TexReg 4905).
Bob F. Templeton, P.E., director of construction and contract administration, 
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. Templeton has certified that there will be no significant impact on overall 
employment as a result of enforcing or administering the section.
Mr. Templeton 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 enhanced through establishment of standard procedures to 
expedite the award of emergency contracts. There will be no effect on small 
businesses as a result of enforcing the section. There is no anticipated 
economic cost to persons who are required to comply with the section as 
proposed.
Comments on the proposal may be submitted to Bob F. Templeton, P.E., Director of 
Construction and Contract Administration, Texas Department of Transportation, 
125 East 11th Street, Austin, Texas 78701-2483.
The new section is proposed under Texas Civil Statutes, Articles 6666 and 6674h-
2, which provide the Texas Transportation Commission with the authority to 
establish rules and regulations for the conduct of the work of the Texas 
Department of Transportation; and specifically to establish rules for the 
expedited award of highway improvement contracts to meet emergency conditions in 
which essential corrective or preventive action would be unreasonably hampered 
or delayed by compliance with other laws.
sec.9.20. Purpose.  In accordance with Texas Civil Statutes, Article 6674h-2, 
the Texas Department of Transportation is authorized under certain conditions to 
award highway improvement contracts in cases of emergency. The sections under 
this undesignated head provide for an alternate procedure for the expedited 
award of highway improvement contracts to meet emergency conditions in which 
essential corrective or preventive action would be unreasonably hampered or 
delayed by compliance with other laws, sec. s9.1-9.3, sec.11.31, or other 
sections of Part I of this title.
sec.9.21. Definitions.  The following words and terms, when used in the sections 
under this undesignated head, shall have the following meanings, unless the 
context clearly indicates otherwise.
 Commission-The Texas Transportation Commission.
 Department-The Texas Department of Transportation.
 Deputy executive director-The deputy executive director of the Texas Department 
of Transportation.
 District engineer -The chief executive officer in each of the designated 
district offices of the department.
 Emergency-Any situation or condition of a designated state highway, resulting 
from a natural or man-made cause, which poses an imminent threat to life or 
property of the travelling public or which substantially disrupts the orderly 
flow of traffic and commerce.
 Executive director -The executive director of the Texas Department of 
Transportation.
 Highway improvement contract-Any contract let by the Texas Department of 
Transportation for the construction, reconstruction, repair, or maintenance of a 
designated state highway or any part of such highway facility.
sec.9.22. Contract Procedures.
(a) Certification of emergency.
(1) A district engineer who identifies an emergency situation in the geographic 
area under his jurisdiction and determines that expedited action is required 
shall immediately notify the executive director or his designee to describe the 
fact and nature of the emergency. Upon receiving authorization to proceed, the 
district engineer may initiate procedures for the award of an emergency 
contract. All such notification will be documented in writing.
(2) Examples of types of work which may qualify for emergency contracts include, 
but are not limited to, emergency repair or reconstruction of streets, roads, 
highways, and bridges; clearing debris or deposits from the roadway or in 
drainage courses within the right of way; removal of hazardous materials; 
restoration of stream channels outside the right of way in certain conditions; 
temporary traffic operations; and mowing to eliminate safety hazards; provided, 
however, that in each instance, the proposed work must satisfy the requisites of 
emergency as defined in  s9.21 of this title (relating to Definitions).
(3) Before the contract is awarded, the executive director or his designee not 
below the level of deputy executive director must certify in writing the fact 
and nature of the emergency giving rise to the award.
(b)  Contractor eligibility. To be eligible to bid on an emergency project, a 
contractor must be included in the department's list of prequalified bidders 
pursuant to sec.9.1 of this title (relating to Prequalification of Contractors) 
or must complete a bidder's questionnaire in a form prescribed by the 
department.
(c) Notification of prospective bidders.
(1) After an emergency is certified, the district engineer will review the 
department's file of eligible bidders and, if there is a sufficient number of 
firms, notify at least three of the proposed emergency contractors.
(2) Consistent with and contingent upon the nature of the emergency, the 
district engineer may contact prospective bidders by telephone, letter, 
telefacsimile, or other appropriate form of communication.
(3) The district engineer will inform each prospective bidder of the nature of 
the emergency and furnish specifications for the remedy, including time 
constraints, bonding and insurance requirements, and any additional information 
needed for the prospective bidder to prepare a work plan and calculate the cost.
(4) If no eligible contractor is able to provide the required type of service, 
the district engineer may take any measure necessary to identify and locate an 
available contractor who is able to provide the required service. If selected, 
the prospective contractor thus identified must complete the bidder's 
questionnaire prior to final approval of the award.
(d) Bidding requirements.
(1) A prospective bidder's response must be in writing and must include:
(A) a price for performing the work; and
(B) a response to each item in the district engineer's specifications if the 
price is based on other than unit price.
(2) If the district engineer so authorizes, the prospective bidder may submit an 
oral bid which must be confirmed in writing within 24 hours.
(e) Letting procedures.
(1) The district engineer will review the bids and, if awarded, shall award the 
contract to the best bidder and document the basis for the award. As used in 
this subsection, the best bidder is that firm best able to respond to the 
emergency in a timely manner and fulfill the state's priority needs as 
determined by the district engineer.
(2) Each bidder will be notified as soon as possible after the award is made, 
with written confirmation to follow.
(f) Contract.
(1) The department shall prescribe the form of the emergency contract and may 
include therein such matters and specifications as it deems advantageous to the 
state, including, but not limited to, provisions which address the 
specifications for completion of work, cost to perform the work, the basis for 
payment, time period needed to complete the work, control of work, insurance and 
bonding requirements, and any general or special conditions mutually agreed upon 
by the department and the contractor.
(2) Each such contract shall be made in the name of the State of Texas, signed 
by the executive director or his designee not below the level of district 
engineer on behalf of the department, and signed by the contracting party.
(3) The contractor must furnish satisfactory proof of insurance and bonds before 
any work is performed.
(4)  The contract must be fully executed before any work is begun.
(5)  The certification required in subsection (a) of this section must be 
attached to the contract.
(g) If the district engineer determines that the magnitude and extremity of the 
emergency require instantaneous action by the contractor in order to alleviate 
an immediate detrimental impact on public health and safety, and the executive 
director has so noted in the certification of the emergency, the following 
exceptions are permitted.
(1) The district engineer may authorize the contractor to begin work:
(A)  without a signed contract, provided the contract is signed within 24 hours 
after work begins; and
(B) without bonds and proof of insurance, provided they are furnished not more 
than three days after work begins.
(2) The executive director or deputy executive director may authorize the 
waiving of bonds or insurance requirements if it is determined that such 
requirements cannot be met prior to completion of the work or would prevent the 
timely performance of work to the detriment of public health, safety, or 
welfare.
(h) Reports to the commission. Not later than 24 hours after the contract is 
awarded, the district engineer shall notify the executive director of the award 
of the emergency contract. Not later than the fifth working day following the 
date on which the contract is awarded, the executive director shall furnish each 
member of the commission written notification of the details of the emergency 
conditions and the award.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 8, 1991.
TRD-9112396
Diane L. Northam
Legal Administrative Assistant
Texas Department of Transportation
Earliest possible date of adoption: November 18, 1991
For further information, please call: (512) 463-8630
       
 State Board of Insurance Exempt Filing  
Notification Pursaunt to the Insurance Code, Chapter 5, Subchapter L
(Editor's Note: As required by the Insurance Code, Article 5.96 and 5. 97, the 
Texas Register publishes notice of proposed actions by the Texas Board of 
Insurance. Notice of action proposed under Article 5.96 must be published in the 
Texas Register not later than the 30th day before the board adopts the proposal. 
Notice of action proposed under Article 5.97 must be published in the Texas 
Register not later than the 10th day before the Board of Insurance adopts the 
proposal. The Administrative Procedure and Texas Register Act, Article 6252-13a, 
Texas Civil Statutes, does not apply to board action under Articles 5. 96 and 
5.97.
The complete text of the proposal summarized here may be examined in the offices 
of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-
9104.)
The State Board of Insurance, at a board meeting scheduled for 8:30 a.m., 
November 20, 1991, in Room 100 of the Texas Department of Insurance Building, 
333 Guadalupe Street in Austin, will consider the adoption of the Texas Workers' 
Compensation Detailed Claim Information Statistical Plan (the plan).
The State Board of Insurance had approved a previous version of the plan on an 
emergency basis, in Board Order Number 58573, dated July 11, 1991, and published 
in the July 19, 1991, issue of the Texas Register<ol> (16 TexReg 3984. The 
adoption of the Plan is necessary in order to develop and maintain a database 
for the research and cost containment efforts of the Texas Workers' Compensation 
Research Center and the Texas Workers' Compensation Commission, in accordance 
with workers' compensation reform contained in Senate Bill 1 of the 71st Regular 
Session of the Legislature of Texas.
Copies of the full text of the proposed plan 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 notification is made pursuant to the Insurance Code, Article 5.96, which 
exempts it from the requirements of the Administrative Procedure and Texas 
Register Act.
Issued in Austin, Texas, on October 7, 1991.
TRD-9112315
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
Filed: October 7, 1991
For further information, please call: (512) 463-6327
       
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 the adoption of the Texas Workers' 
Compensation and Employers' Liability Insurance Unit Statistical Plan.
The State Board of Insurance has approved new codes and definitions for the 
reporting of losses occurring on or after January 1, 1991, by companies writing 
workers' compensation and employers' liability insurance in the State of Texas. 
These amendments are revisions to Part IV, Injury Type Code and Benefit Code; 
Part V, Correction Reports and Classification Code; and Part VIII, Injury Code, 
Benefit Code and Definition of Benefit Type.
Copies of the full text of the proposed Plan 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 notification is made pursuant to the Insurance Code, Article 5.96, which 
exempts it from the requirements of the Administrative Procedure and Texas 
Register Act.
Issued in Austin, Texas, on October 7, 1991.
TRD-9112316
Angelia Johnson
Assistant Chief Clerk
Texas Department of Insurance
Filed: October 7, 1991
For further information, please call: (512) 463-6327
       
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 the adoption on a permanent basis 
of amendments to the Workers' Compensation and Employers' Liability Insurance 
Texas Unit Statistical Plan. This notice amends the notice pubished this date 
concerning adoption of the "Texas Workers' Compensation and Employers' Liability 
Insurance Unit Statistical Plan."
The State Board of Insurance will consider approval on a permanent basis of new 
codes and definitions for the reporting of losses occurring prior to January 1, 
1991 and occuring on or after January 1, 1991, by companies writing workers' 
compensation and employers' liability insurance in the State of Texas. These 
amendments are revisions to Part IV, Injury Type Code and Benefit Code; Part V, 
Correction Reports and Classification Code; Part VIII, Injury Code, Benefit Code 
and Definition of Benefit Type; and Part XI, Tables III, Tables for Other Than 
Surviving Spouses.
Copies of the full text of the proposed amendments to the plan 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 notification is made pursuant to the Insurance Code, Article 5.96, which 
exempts it from the requirements of the Administrative Procedure and Texas 
Register Act.
Issued in Austin, Texas, on October 14, 1991.
TRD-9112680
Linda K. von Quintus
Chief Clerk
Texas Department of Insurance
Filed: October 14, 1991
For further information, please call: (512) 463-6327