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 10. TEXAS DEPARTMENT OF COMMERCE
Part II. Texas Department of Commerce
Chapter 176. Enterprise Zone Program
10 TAC sec.sec.176.1-176.10
The Texas Department of Commerce (Commerce) proposes amendments to sec.sec.176. 
1-176.10, concerning the Texas Enterprise Zone Program. The proposed amendments 
incorporate changes to the rules to implement changes in the Texas Enterprise 
Act passed by the 72nd Legislature. Changes include authority to designate 
enterprise projects from September 1, 1991 through August 31, 1993 from a job 
pool of 10,000 jobs; broadens the definition of an economically disadvantaged 
person; broadens criteria to determine zone designation eligibility; authorizes 
a fee to be charged by Commerce for applications to amend zone boundaries. Other 
rule changes generally clarify application and certification procedures.
Sol Villasana, interim director of business development, 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. Villasana also has determined that for each year of the first five years the 
sections are in effect the public benefit anticiapted as a result of enforcing 
the section will be the retention or creation of jobs and investment by 
businesses in areas identified as economically distressed. There will be no 
effect on small businesses. There is no anticipated economic cost to persons who 
are required to comply with the sections.
Comments on the proposal may be submitted to Sedora Jefferson, General Counsel, 
Texas Department of Commerce, P.O. Box 12728, Austin, Texas 78711, within 30 
days after date of this publication.
The amendments are proposed under Texas Civil Statutes, Article 5190.7 which 
provide Commerce with the authority to adopt rules for the administration and 
implementation of the Texas Enterprise Zone Program.
sec.176.1. General Provisions.
(a)-(b)  (No change.)
(1)-(6) (No change.)
(c) Definition of terms. The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise.
<nl>(7) "Day"-The period of time between 8 a.m. and 5 p. m. on day other than a 
Saturday, Sunday, or state or federal holiday.
<nl>(8)<ol>[(7)] Department-The Texas Department of Commerce.
<nl>(9)<ol>[(8)] Depressed area -An area within the jurisdiction of a county or 
municipality designated by ordinance<nl>, <ol> [or] resolution<nl>, or order<ol> 
that is an area with pervasive poverty, unemployment, and economic distress. An 
area is an area of pervasive poverty, unemployment, and economic distress if:
(A) the average rate of unemployment in the area during the most recent 12-month 
period for which data is available was at least one and one-half times the 
local, state, or national average for that period or if the area has had at 
least a 9.0% population loss during the most recent six-year period or  
<nl>a<ol> [an annualized] population loss of at least <nl>3.0%<ol> [1.5%] for 
the most recent  <nl>three-year<ol> [six-year] period; and
(B)  the area meets one or more of the following criteria:
(i) the area was a low income poverty area; [according to the most recent 
federal census; ]
(ii) the area is in a jurisdiction or pocket of poverty eligible for urban 
development action grants under federal law <nl>according to the most recent 
certification available from the United States Department of Housing and Urban 
Development<ol>;
(iii) at least 70% of the residents <nl>or households<ol> of the area have an 
income below 80% of the median income of the residents <nl>or households<ol> of 
the locality or state, whichever is lower;
(iv) the nominating government establishes to the satisfaction of the department 
that [either]:
(I) chronic abandonment or demolition of commercial or residential structures 
exists in the area; [or]
(II)  substantial tax arrearages for commercial or residential structures exist 
in the area<nl>;<ol> [.]
<nl>(III) substantial losses of businesses or jobs exist in the area; or
<nl>(IV) the area is part of a disaster area declared by the state or federal 
government during the most recent 18-month period.
<nl>(10)<ol>[(9)] Economically disadvantaged individual-An individual who:
(A) for at least <nl>three<ol> [six] months before obtaining employment with a 
qualified business was unemployed;
(B) <nl>receives<ol> [received] public assistance benefits, such as welfare 
payments and food stamp payments, based on need and intended to alleviate 
poverty; [An individual is unemployed if the individual is not employed and has 
exhausted all unemployment benefits, whether or not the individual is actively 
seeking employment; or]
(C) <nl>is<ol> [was] an economically disadvantaged individual, as defined by the 
Job Training Partnership Act,  s4(8), (29 United States Code, sec.1503 (8))<nl>; 
<ol> [.]
<nl>(D) is an individual with handicaps, as defined by 29 United States Code 
sec.706(8);
<nl>(E) is an individual who is an inmate, as defined by the Government Code, 
sec.498.001, or who is entering the workplace after being confined in a unit of 
the institutional division of the Texas Department of Criminal Justice or a 
correctional facility authorized by the Government Code, Chapter 494; or
<nl>(F) is an individual who meets the current low income or moderate income 
limits developed under the United States Housing Act of 1937 sec.8 (42 United 
States Code, sec.1437f).
<nl>(11)<ol>[(10)]  Enterprise project-A qualified business designated by the 
department as an enterprise project under the Act, sec.10 and sec.176.5 of this 
title (relating to Requirements for Designation of Enterprise Projects) that is 
eligible for the state tax incentives provided by law for an enterprise project.
<nl>(12) <ol>[(11)] Enterprise zone-An area of the state designated by the 
department as an enterprise zone under the Act,  s9 and sec.176.3 of this title 
(relating to Eligibility Requirements for Designation of an Enterprise Zone).
<nl>(13)<ol>[(12)] Executive director -The executive director of the department 
<nl>or his authorized designee.
<nl>(14)<ol>[(13)]  Extraterritorial jurisdiction-Territory in the 
extraterritorial jurisdiction of a municipality that is considered to be in the 
jurisdiction of the municipality. Except in a county with a population of 
750,000 or more, according to the most recent federal census, the governing body 
of a county may not nominate territory in a municipality or in the 
extraterritorial jurisdiction of a municipality to be included in an enterprise 
zone unless the governing body of the municipality also nominates the territory 
pursuant to a joint application made with the county.
<nl>(15)<ol>[(14)] Governing body -The governing body of a municipality or 
county that has applied to have an area within its jurisdiction designated as an 
enterprise zone.
<nl>(16) <ol>[(15)] Local government-A municipality or county.
<nl>(17)<ol>[(16)] Neighborhood enterprise association-A private sector 
neighborhood organization within an enterprise zone that meets the criteria set 
forth in the Act, sec.21 and sec.176.7 of this title (relating to Certification 
of Neighborhood Enterprise Associations).
<nl>(18)<ol>[(17)] New  <nl>permanent<ol> job-A new employment position created 
by a qualified business that has provided employment to a qualified employee of 
at least 1,040 hours annually and <nl>intended to be an employment position 
retained during the period the business is designated as an enterprise project.
<nl>(19)<ol>[(18)] Qualified business -A person, including a corporation or 
other entity that the department<nl>, for purposes of state benefits under this 
Act, and a governing body, for purposes of local benefits,<ol> certifies to have 
met the following criteria:
(A) the person is engaged in or has provided substantial commitment to initiate 
the active conduct of a trade or business in the zone; <nl>and
(B) at least 25% of the business's <nl>new <ol> employees in the zone are 
residents of any zone within the governing body's or bodies' jurisdiction or 
economically disadvantaged individuals <nl>;<ol> [and]
[(C) if a business that is already active within the enterprise zone at the time 
it is designated and that operates continuously after that time, the business 
has hired residents of any enterprise zone within the governing body's or 
bodies' jurisdiction or economically disadvantaged workers after the 91st day 
preceding the date the enterprise project is designated so that those 
individuals constitute at least 25% of the business's new or additional 
employees in the zone.]
<nl>(C)<ol>[(D)] a franchise or subsidiary of a new or existing business 
certified by the governing body of an enterprise zone as a qualified business if 
the franchise or subsidiary is located entirely in the zone and maintains 
separate books and records of the business activity conducted in the zone.
<nl>(20)<ol>[(19)] Qualified employee -An employee who works for a qualified 
business and who performs at least 50% of his service for the business within 
the enterprise zone.
<nl>(21)<ol>[(20)] Qualified property -Any one or more of the following:
(A) tangible personal property located in the zone that was acquired by a 
taxpayer <nl>not earlier than the 90th day before the date of<ol> [after] 
designation of the area as an enterprise zone <nl>or enterprise project, as 
applicable,<ol> and was used predominantly by the taxpayer in the active conduct 
of a trade or business;
(B) real property located in a zone that:
(i) was acquired by the taxpayer <nl>not earlier than the 90th day before the 
date of<ol> [after] designation of the zone <nl>or enterprise project, as 
applicable,<ol> and used predominantly by the taxpayer in the active conduct of 
a trade or business; or
(ii) (No change.)
(C)  (No change.)
<nl>(22)<ol>[(21)]Staff-The staff of the department.
(d)  Amendment and suspension of rules. These sections may be amended by the 
<nl>executive director <ol> [board] at any time in accordance with the 
Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 
6252-13a, as amended. The <nl>executive director<ol> [board] may suspend or 
waive a section, not statutorily imposed, in whole or in part, upon the showing 
of good cause or when, at the discretion of the <nl>executive director <ol>, 
[board] the particular facts or circumstances render such waiver of the section 
appropriate in a given instance.
(e)-(f) (No change.)
(g)  Written communication with the department. Applications and other written 
communications to the department should be addressed to the attention of the 
<nl>Texas<ol> Enterprise Zone Program,  <nl>Business Development Division <ol> 
[Finance Division], Texas Department of Commerce, P.O. Box 12728, Austin, Texas 
78711.
sec.176.2. Filing Requirements for Applications <nl>and Claims.
(a) Form.
<nl>(1) Enterprise zones and enterprise projects.<ol> An application must be 
filed on letter-sized paper and must contain all information and documentation 
required under the Act and this chapter, as applicable. The application must be 
submitted in a three-ring loose-leaf binder with the information tabbed 
according to sec.176.4 of this title (relating to Application Contents for 
Designation of Enterprise Zones)  <nl>or to amend the boundaries of a designated 
enterprise zone. Each application for designation as an enterprise zone, for 
enterprise zone boundary amendments, and for enterprise project destination must 
include an application/review guide as provided by the department.
<nl>(2) Certifications or refunds. An application to request refunds, tax 
deductions, or certification of new permanent jobs created, or certification as 
a qualified business to qualify for refunds or deductions of state sales, use, 
or franchise taxes, as appropriate, or an application to request certification 
by the department of a neighborhood enterprise Association, must be made to the 
department in writing on the appropriate forms provided by the department or the 
Comptroller of Public Accounts.
(b) Filing.
<nl>(1) Enterprise zones. Applications for enterprise zone designation or 
enterprise zone boundary amendments may be filed with the department on any 
day.<ol> The applicant shall file with the department an original and one copy 
of an application for designation of an enterprise zone <nl>or enterprise zone 
boundary amendment<ol> [or for designation of an enterprise project]. A separate 
application must be submitted to the department for each area nominated for 
designation as an enterprise zone <nl>or to amend the boundaries of a designated 
enterprise zone.
<nl>(2) Enterprise projects. Applications for enterprise project designation may 
be filed on or before, but no later than, bi-monthly deadlines published by the 
department in sec.176.8(b)(1) of this title (relating to Approval Standards) for 
consideration. Applications received after a published deadline will not be 
considered until after the next published deadline. The applicant shall file 
with the department an original and one copy of an application for designation 
as an enterprise project.
<nl>(3) Certifications.
<nl>(A) Qualified businesses. Requests for certification as a qualified business 
for state benefits, requests for certification of new permanent jobs created, 
and requests for refunds may be filed with the department on any day. Two 
original forms must be submitted to the department to request certification as a 
qualified business or to request certification of new permanent jobs created. 
Two original forms as provided by the comptroller must also be submitted to the 
department to request refunds. One original will be retained by the department 
and one original will be forwarded to the comptroller. The rules promulgated by 
the comptroller must also be followed to file a claim for refund.
<nl>(B) Neighborhood enterprise associations. Applications to the department for 
certification of a neighborhood enterprise association may be filed with the 
department on any day.
(c) Completeness. Each application <nl>or claim<ol> must be as complete as 
practicable. The department will stamp or otherwise designate the date on which 
it receives each application. The date stamped or otherwise designated for any 
application received after the close of business on <nl>any<ol> [a business] day 
will be the next [business] day. A [business] day is  <nl>as defined in the Act 
and sec.176.1 of this title<ol> (relating to General Provisions) [, for this 
purpose, Monday-Friday, 8 a.m. to 5 p.m., with the exception of official 
holidays observed by the State of Texas].
<nl>(d) Fees. A nonrefundable fee of $500 must accompany an application to the 
department to amend the boundaries of a state designated enterprise zone. The 
fee must be submitted in the form of a cashiers check made payable to the Texas 
Department of Commerce/Texas Enterprise Zone Program.
<nl>(e)<ol>[(d)] Staff consideration of applications <nl>or claim requests.<ol> 
The staff shall review the application <nl>or claim request<ol> to determine if 
the application meets the eligibility criteria under the Act and this chapter. 
Following staff review, the application will be submitted to the executive 
director [or the board, as applicable,] for consideration. <nl>A request for 
certification will initiate a site visit by the department, written, or 
telephone instruction for a desk-top review as appropriate.
(1) Not later than 15 [business] days after the receipt of the application for 
enterprise zone designation <nl>or for zone boundary amendment <ol>, the 
department shall notify the applicant that it has received the application and 
note any omissions or clerical errors that exist in the application. The 
applicant has at least <nl>10 days<ol> [two weeks] after the date it receives 
notice of application omissions or clerical errors or 45 days from the date the 
application is received by the department to correct any deficiencies and to 
submit corrections to the application to the department.
(2) Not later than five [business] days after the deadline for accepting 
applications for enterprise project designation, the department shall notify the 
applicant that it has received the application. A preliminary review of an 
enterprise project application will be conducted to determine eligibility and 
completeness if the application is received at least 15 [business] days prior to 
the application deadline. If a preliminary review is conducted of an enterprise 
project application by the department, the enterprise project applicant or 
applicants will be notified of application omissions or clerical errors at least 
seven [business] days before the application deadline and application 
deficiencies must be corrected and returned to the department by the enterprise 
project deadline for consideration.
<nl>(f)<ol>[(e)] Consideration of enterprise zone and enterprise project 
applications.
(1) Complete or corrected applications for enterprise zone designation that 
staff determines to meet the eligibility criteria set forth in the Act and this 
chapter will be considered by the executive director. The executive director may 
approve the application or remand it to the applicant for further action. If the 
executive director approves the application for enterprise zone designation, a 
negotiated agreement to designate the enterprise zone will be initiated by the 
department and must be fully executed no later than the 90th day after the day 
of receipt of the application. If the agreement is not executed before the 90th 
day after the day of the receipt of the application by the department, the 
application is considered to be denied. The department shall inform the 
governing body or bodies of the specific reasons for the denial.
(2) The <nl>department<ol> [board] shall [meet to] review the enterprise project 
applications that have qualified for consideration [by the board] following 
staff review.  <nl>The department<ol> [At the meeting, the board] will either 
approve the application, disapprove it, remand it to the applicant for further 
action, or make such other disposition of the application as may be appropriate. 
Enterprise project designation becomes effective immediately upon 
<nl>department<ol> [board] approval of an enterprise project application and 
[board] action to grant the designation.
sec.176.3. Eligibility Requirements for Designation of an Enterprise Zone.
(a) An applicant may make written application to the department for designation 
of an area within the applicant's jurisdiction as an enterprise zone if such 
area meets the following eligibility criteria:
(1) (No change.)
(2) the area is at least one square mile in size but does not exceed the larger 
of the following:
(A) 10 square miles exclusive of lakes<nl>, <ol> [and] waterways <nl>and 
transportation arteries<ol>;
(B)  5.0% of the area of the municipality, county or combination of 
municipalities or counties nominating the area, but not more than 20 square 
miles, exclusive of lakes, [and] waterways, <nl>and transportation arteries 
<ol>; and
(3) the area is an area with pervasive poverty, unemployment, and economic 
distress which meets the following criteria:
(A) the average unemployment in the area during the most recent 12-month period 
for which data is available was at least one and one-half times the local, state 
or national average for that period or if the area has had at least a 9.0% 
population loss during the most recent six-year period or a [an annualized] 
population loss of at least <nl>3.0%<ol> [1.5% percent] for the most recent 
<nl>three-year <ol> [six-year] period; and
(B) the area meets one or more of the following criteria:
(i) the area was a low-income poverty area [according to the most recent federal 
census];
(ii) the area is in a jurisdiction or pocket of poverty and is certified by the 
United States Department of Housing and Urban Development as eligible at the 
time of enterprise zone or enterprise project application for urban development 
action grants under federal law <nl>. Such certification must be current within 
90 days of the date application is received by the department;
(iii) at least 70% of the residents <nl>or households<ol> of the area have an 
income below 80% of the median income of the residents <nl>or households<ol> of 
the locality or state, whichever is lower;
(iv) the governing body of the applicant establishes to the satisfaction of the 
department that [either]:
(I) chronic abandonment or demolition of commercial or residential structures 
exists in the area;[or]
(II) substantial tax arrearages for commercial or residential structures exist 
in the area<nl>;<ol>[.]
<nl>(III) substantial losses of businesses or jobs exist in the area: or
<nl>(IV) the area is part of a disaster area declared by the state or federal 
government during the most recent 18-month period.
(b)  (No change.)
(c) For the purpose of showing that an area is qualified to be designated as an 
enterprise zone, the applicant must submit documentation, including the source, 
methodology, and certification of the data by the person or persons responsible 
for its preparation. The applicant may, subject to the prior approval of the 
department, submit data, analysis, or other information which is generated 
locally by the applicant or on behalf of the applicant. The department will 
consider current any documentation, if at the time an application is received by 
the department, such documentation was the most current data that was available 
not more than 90 days preceding the date the application was received by the 
department.  <nl>The department will consider current, at the time of 
application to amend an enterprise zone boundary or nominate an enterprise 
project, any documentation generated by local survey that is allowed by the Act 
and this chapter, within 2 years of the date the survey was conducted.
(1) Unemployment data. The average rate of unemployment for the area nominated 
during the most recent 12-month period for which data is available from the 
Texas Employment Commission must be at least one and one- half times the local, 
state, or national average for that period. Computation of the average 
unemployment rate for the proposed enterprise zone area will require choosing 
the smallest area that contains the zone for which unemployment data is 
available from the Texas Employment Commission or by local survey. Unemployment 
data obtained by local survey may be used to meet unemployment criteria only if 
the area to be surveyed represents no more than 25% of the proposed zone and the 
Texas Employment Commission certifies that it cannot provide data for that area. 
An applicant must use the survey instruments provided by the department. A 100% 
effort with an 80% response rate is required. <nl>Local survey data for 25% of 
the nominated land area must be averaged with data provided by the Texas 
Employment Commission for the remainder (at least 75%) of the nominated land 
area.
(2) Loss of population. Loss of population may be calculated using population 
estimates for the applicant's jurisdiction produced by the Texas State Data 
Center or by other methods approved by the department. The total loss of 
population is the accumulated population loss experienced during the most recent 
six-year period for which data is available. The <nl>alternative annual 3.0%<ol> 
[annualized] population loss is the average annual loss of population 
experienced during the most recent <nl>three-year <ol> [six-year] period for 
which data is available.
(3)  Income data. If a proposed zone includes portions of more than one city or 
county, the median income should be calculated using figures for each city or 
county which includes part of the zone. In order to meet the low- income 
criteria, the smallest number of census <nl>areas<ol> [tracts or enumeration 
districts] that entirely contain the zone must reflect that at least 70% of the 
households in that zone have below 80% of the median household income for the 
locality or state, whichever is lower. To determine a low-income poverty area, 
at least 20% of the residents of the zone must have an income below the national 
poverty level as determined by the most recent available census data that 
contains the zone area. Census tracts, <nl>block groups, enumeration 
districts,<ol> or other comparable areas may be used to show poverty rates.
(4)  (No change.)
(5) Substantial tax arrearages. The applicant must certify and submit evidence 
that within the proposed zone area, commercial or residential <nl>taxes<ol> [tax 
arrearages] are at least 25% <nl>in arrears<ol> [higher than tax arrearages for 
the jurisdiction as a whole] and that such tax arrearages have been delinquent 
for at least one year. For purposes of determining substantial tax arrearages, 
the tax rolls of the applicable city or county nominating an area as an 
enterprise zone must be used.
<nl>(6)  Substantial losses of businesses or jobs in the area. The applicant 
must seek advance approval of documentation to be provided to the department. 
Such evidence of loss will be evaluated on a case by case basis for eligibility 
with consideration to be given to the critical impact of the jobs lost to the 
area nominated.
<nl>(7) Declaration of an area as a state or federal disaster area. The 
applicant must provide documentation by the applicable state or federal 
government that the area has been declared a state or federal disaster area 
within the most recent 18-month period.
(d) The department will not approve the designation of an area as an enterprise 
zone unless:
(1) the governing body of the applicant shall first notify the department of the 
date it will hold a public hearing as required under the Act, sec.5(b) and these 
rules for the purpose of nominating an area as an enterprise zone <nl>or to 
amend the boundaries of a designated enterprise zone by encompassing additional 
land area into the zone. <ol> The notice to the department shall be given in 
writing not less than seven days prior to the date of the public hearing; and
(2) notice of such hearing is given to the public by publishing once in a 
newspaper of general circulation in the municipality or county or combination of 
municipalities or counties and posting a copy of the same at the city hall or 
county courthouse not later than seven days prior to the date of the hearing. 
Such notice shall contain a description of the area proposed by the municipality 
or county or combination of municipalities or counties to be designated as an 
enterprise zone, and the date, time, and location of such hearing. <nl>The 
description of the area should be worded so that residents of the area and other 
interested parties may reasonably identify the area to be discussed at the 
public hearing.<ol> The notice shall also <nl>encourage <ol> [state that] all 
interested parties, including residents of the proposed zone [are encouraged] to 
present their views at the hearing. The hearing must include a presentation on 
the proposed location of the zone and the provisions for any tax <nl>or 
other<ol> incentives applicable to business enterprises in the zone.
sec.176.4. Application Contents for Designation of Enterprise Zones.
(a) Each application for designation of an enterprise zone <nl>or application to 
amend the boundaries of a designated enterprise zone <ol> must contain the 
following information and documentation, as applicable, and numerically tabbed 
in the order listed in paragraphs (1)-(7) of this subsection. If a certain tab 
is not applicable, please state.
(l) (No change.)
(2) The applicant. If a joint application is being submitted by a municipality, 
county, or combination of municipalities or counties, the information must be 
provided for each entity. The application must contain the following information 
and documentation concerning the applicant:
(A)  (No change.)
(B) a certified copy of the ordinance <nl>or order as appropriate<ol> of the 
governing body of the applicant nominating the area within its jurisdiction as 
an enterprise zone under the Act, containing the information set forth in the 
Act, sec.6, and designating a liaison in accordance with paragraph (1)(B) of 
this subsection. The ordinance <nl>or order <ol> may include nomination of more 
than one zone area within the limits of the Act and within the jurisdiction of 
the applicant governing body to be filed with separate zone applications; and
(C) if a joint application, a description, and certified copy of the agreements 
between joint applicants providing for the joint administration of the zone. 
<nl>An agreement must include a statement that each applicant is committing one 
of its three allowed enterprise zone designations to the joint application.
(3) Zone administration. The application must contain the following information 
and documentation concerning administration of the zone:
(A) (No change.)
(B) the procedures for negotiating with <nl>residents, community groups, and 
other entities affected<ol> [communities impacted] by the zone and qualified 
businesses within the zone;
(C)-(D) (No change.)
(4)  The neighborhood enterprise association, if any. The application must 
contain the following information and documentation concerning the neighborhood 
enterprise association, if any:
(A)-(B) (No change.)
(C) a copy of the proposed agreement between the neighborhood enterprise 
association and the applicant <nl>to include, if applicable, a statement on the 
amount of dedicated revenue from a tax increment fund to pay the neighborhood 
enterprise association for providing services or carrying out authorized 
projects. The term of an agreement with a neighborhood enterprise association 
may not exceed 10 years.
(5) The zone. The application must contain the following information and 
documentation concerning the proposed zone:
(A)-(B) (No change.)
(C) certification of the <nl>geographic makeup of the proposed zone including 
the total square miles in the proposed enterprise zone, the<ol> total square 
miles of each applicant's jurisdiction, <nl>including<ol> the total square miles 
<nl>of proposed zone area<ol> inside  <nl>each applicant's city limits, each 
applicant's extraterritorial jurisdiction, and if aplicable, the total square 
miles outside a city's extraterritorial jurisdiction in the county <ol>; [its 
city limits and inside its extraterritorial jurisdiction or, if a joint 
application outside its jurisdiction in the county and the respective total 
square miles in the proposed enterprise zone]
(D)-(F) (No change.)
(6) The local business incentives. For the purposes of tax abatement under the 
Property Redevelopment and Tax Abatement Act (the Tax Code, Chapter 312), an 
enterprise zone designated after August 28, 1989, is considered to be a 
reinvestment zone without further designation. The application must contain the 
following information and documentation concerning any incentives to be provided 
by the local government:
(A) a <nl>brief narrative<ol> [statement] detailing any tax, or other incentives 
to be provided in the zone, as described in the ordinance <nl>or order<ol> 
nominating the area as an enterprise zone; and
(B) a statement detailing any incentives or benefits and any programs to be 
provided by the municipality or county to business enterprises in the zone, 
[other than those provided in the designating ordinance,] that are not to be 
provided throughout the municipality or county, [.] <nl>at least one tax or 
other incentive must be applicable to business enterprises in the zone that is 
not applicable throughout the municiality or county and any applicable incentive 
should be specifically noted in the ordinance or order to nominate the 
enterprise zone or zone boundary amendment as appropriate.
(7) (No change.)
(b)  (No change.)
sec.176.5. Requirements for Designation of Enterprise Projects.  The department 
may not designate a nominated qualified business an enterprise project unless it 
determines that:
(l) (No change.)
(2)  the qualified business is located in <nl>or has made substantial commitment 
to locate in<ol> an enterprise zone having an unemployment rate at the time of 
enterprise zone designation or enterprise project application, whichever is the 
higher, of not less than one and one-half times the average state unemployment 
rate or a population loss of at least 12% during the most recent six-year period 
or <nl>a <ol> [an annualized] population loss of at least  <nl>4.0%<ol> [2.0%] 
for the most recent <nl>three-year <ol> [six-year] period at the time of project 
application;
(3)-(5) (No change.)
sec.176.6. Application Contents for Designation of an Enterprise Project.   The 
application for designation of an enterprise project must contain the following 
information and documentation, as applicable. If a joint application is being 
filed by one or more municipalities or counties, the information must be 
included for each applicant governing body.
(1)-(2)  (No change.)
(3) The project. The application must contain the following information and 
documentation concerning the proposed project. Any analysis or breakdown, where 
applicable, should show benefits to economically disadvantaged individuals:
(A) (No change.)
(B) an economic analysis of the plans of the qualified business for expansion, 
revitalization, or other activity in the zone for at least the first two years 
of the project, including:
(i) the anticipated number of new <nl>permanent<ol> jobs it will create, 
including a statement indicating the number of full-time employees working for 
the business and the number of new or additional employees that the qualified 
business commits to hire and the percentage of new or additional employees 
expected to be residents of any zone within the governing body's or bodies' 
jurisdiction or employees that are economically disadvantaged individuals;
(ii) the number of <nl>permanent<ol> jobs to be retained;
(iii) types of  <nl>permanent<ol> jobs created or retained;
(iv) (No change.)
<nl>(v) the number and types of part time or seasonal employees currently on 
payroll;
<nl>(vi) the anticipated number of part time or seasonal jobs to be created;
<nl>(vii)<nl> the number, types, and period of job training currently being 
provided;
<nl>(viii)<nl> the anticipated number, types and period of job training to be 
provided jobs to be created during the project designation;
<nl>(ix)<nl> the status of any required local, state, or federal permits or 
licenses that must be obtained to enable the project to go forward as 
represented in the application;
<nl>(x)<ol>[(v)] the amount of investment to be made in the zone including 
estimated project costs and sources of payment;
<nl>(xi)<ol>[(vi)]<nl> approximate date of commencement and completion of the 
project; and
<nl>(xii)<nl> <ol>[(vii)] <nl> a description of the qualified business including 
the following:
(I)-(II) (No change.)
(C) (No change.)
(4) The zone. The application must contain the following information concerning 
the zone:
(A) an analysis and any supporting documents demonstrating that the project is 
located in a zone with an unemployment rate of not less than one and one-half 
times the average state unemployment rate or a population loss of at least 12% 
during the most recent six-year period or <nl>a<ol> [an annualized] population 
loss of at least <nl>4.0%<ol> [2.0%] for the most recent <nl>three-year<ol> 
[six-year] period at the time the enterprise project application is submitted to 
the department;
(B)-(C)  (No change.)
sec.176.7. Certification of Neighborhood Enterprise Associations.
(a) Individuals residing in an enterprise zone may establish, under the Act, 
sec.21, a neighborhood enterprise association. Following organization of the 
association, its board of directors must apply to the governing body <nl>or the 
department<ol> for certification as a neighborhood enterprise association.
(b) The application for certification of a neighborhood enterprise association 
must include the following:
(1)-(4) (No change.)
(5)  a certified copy of the governing body's resolution granting certification 
as a neighborhood enterprise association; <nl>and<ol> [.]
<nl>(6)  in the event that the application is to the department for 
certification of the Association, documentation that shows how the Association 
has made diligent effort, before applying to the department, to obtain 
certification from the applicable governing body or bodies and why certification 
was not obtained from the applicable governing body or bodies.
(c) The neighborhood enterprise association may implement projects, other than 
those enumerated in the Act by submitting an application to the governing body 
<nl>or the state<ol> for approval of the specific project or activity. 
Applications submitted for approval to the governing body <nl>or the state <ol> 
must describe the nature and benefit of the project, including:
(1)-(4) (No change.)
sec.176.8. Approval Standards.
(a) (No change.)
(b) Approval standards for designation of enterprise projects. The department 
shall designate qualified businesses as enterprise projects on a competitive 
basis <nl>as appropriate to remain within the maximum number of 10,000 new 
permanent jobs allotted for all projects as provided in the Act, sec.10(f).<ol> 
Applications for designation of enterprise projects will be accepted on a 
bimonthly basis during the following application deadlines:
(1) For the fiscal year ending August 31, <nl>1992 <ol> [1991] the application 
deadlines are <nl>November 25, 1991<ol>; [September 4, 1990; November 1, 1990] 
January 2, <nl>1992 <ol>; [1991] <nl>March 2, 1992<ol>; [March 1,1991] <nl>May 
1, 1992<ol> [1991]; and <nl>July 1, 1992<ol> [l991]. [Up to five projects may be 
designated during each application period with the remaining eligible projects 
to be designated during subsequent application periods. Additional allowable 
projects carried forward from prior fiscal years may be designated during any 
application period]. No enterprise projects may be designated after August 31, 
<nl>1993<ol> [1991].
(2) The department will not designate a qualified business as an enterprise 
project if there were <nl>four <ol> [two] enterprise projects designated during 
the current fiscal year in the enterprise zone in which the business is located.
(3) In determining which qualified businesses will be designated enterprise 
projects, based on relative factors as determined by the department, the 
department shall base its decision on a weighted scale with 60% dependent on the 
economic distress of the enterprise zone in which a proposed project is located 
and 40% dependent on the local effort to achieve development and revitalization 
of the enterprise zone.
(A) (No change.)
(B) Local effort. This evaluation criteria is designed to measure the level of 
local support on the part of a public entity and a private entity and includes 
but is not limited to, such factors as set forth in the Act, sec.10(h)-(j)<nl>, 
sec.12, sec.13, sec.14, and sec.20.
(c) Period for which designation is in effect.
(1)  (No change.)
(2) A qualified business may be designated as an enterprise project for a 
maximum period of five years. The designation of a qualified business as an 
enterprise project shall remain in effect during the period beginning on the 
date of the designation and ending on the earliest of:
(A) (No change.)
(B) following a public hearing by the <nl>department <ol> [board], the date the 
department determines that the qualified business is not in compliance with any 
requirement for designation as an enterprise project.
(d) Approval standards for certification of a qualified business. Such standards 
will be determined and final certification may be granted by the local governing 
body or bodies or department as applicable in accordance with the Act. To 
receive a refund or a reduction of taxable capital in a designated state or 
federal enterprise zone under applicable sections of Chapters 151 or 171, Tax 
Code, the certified qualified business must apply to the Comptroller of Public 
Accounts for the refund or the reduction of taxable capital and to department or 
local governing body or bodies for certification of retained jobs or new 
permanent jobs created as applicable. The department shall provide the 
comptroller with the assistance that the comptroller requires in administering 
this section.
<nl>(1)  Refunds of state sales or use taxes provided to an enterrise project 
under the Tax Code, sec.151.429 are conditioned on the enterprise project 
maintaining at least the same level of employment of qualified employees as 
existed on the date it was certified as eligible for a refund for a period of 
three years from that date. The department shall annually certify to the 
comptroller and the Legislative Budget Board whether that level of employment of 
qualified employees has been maintained. In the event that the department 
certifies that such a level has not been maintained, the comptroller shall 
assess that portion of the refund attributable to any such decrease in 
employment, including penalty and interest from the date of refund.
<nl>(2) An enterprise project designated after August 31, 1991 may not apply for 
a refund of taxes under the Tax Code sec.151.429, until after August 31, 1993.
<nl>(3) Only qualified businesses that have been certified by the department to 
the comptroller and the Legislative Budget Board as eligible for a tax deduction 
under the Tax Code,  s171.1015 are entitled to a tax deduction.
(e) Approval standards for certification of neighborhood enterprise 
associations. Such standards will be determined and final certification may be 
granted by local governing body or bodies <nl>or the department <ol> as 
applicable in accordance with the Act, sec.21. <nl>The department may not grant 
state certification to a neighborhood enterprise association, unless that 
association has first made a diligent effort to obtain certification from the 
applicable enterprise zone governing body or bodies and the association provides 
documentation to the department of that effort to obtain local certification and 
the reasons the association was unable to obtain certification from the 
applicable governing body or bodies.
sec.176.9. Reporting Requirements.
(a) Annual reports.
<nl>(1) Each municipality, county, or combination of municipalities or counties 
that authorized the creation of an enterprise zone shall submit an annual report 
to the department on or before October 1 of each year. The report must be in a 
form prescribed by the department and contain the information listed in the Act,  
s23. <nl>The information in the report will be used by the department to compile 
an annual reort to the governor, legislature, and the Leislative Budet Board by 
December 1 as required by the Act.<ol> If such report is not received by the 
deadline, the department may, following a public hearing, consider termination 
of the designation of the enterprise zone.
<nl>(2) Each state agency rule adopted after September 1, 1987, when applicable, 
may provide encouragements and incentives to increase rehabilitation, 
renovation, restoration, improvement, or new construction of housing and to 
increase the economic viability and profitability of business and commerce in 
enterprise zones. In addition, each state agency annually shall review the rules 
it administers that may negatively impact the rehabilitation, renovation, 
restoration, improvement, or new construction of housing or the economic 
viability and profitability of business and commerce in enterprise zones. or 
that may otherwise affect the implementation of the Act, and shall report the 
results of each review to the department no later than October 1, of each year. 
The department shall disseminate the results to enterprise zone governing bodies 
and others as necessary to advance the purposes of the Act.
<nl>(b) Land sold at less than fair market value. A municipality or county may 
sell a surplus building or vacant land in the zone at less than fair market 
value if the governing body of the municipality by ordinance or the governing 
body of the county by order adopts criteria specifying the conditions and 
circumstances under which the sale may occur and the public purpose that will be 
achieved. The surplus building or vacant land may be sold to a buyer who is not 
the highest bidder if the criteria and public purpose specified in the ordinance 
or order are satisfied. A copy of the ordinance or order must be filed with the 
department not later than the day the sale occurs.
<nl>(c) <ol>[(b)] Other reports or documents. The applicant shall furnish 
additional information, reports, or statements as the department may from time 
to time request in connection with the Act and this chapter.
sec.176.10. Boundary Amendments.
(a) If an enterprise zone has been lawfully designated, the original nominating 
governing body or bodies, by resolution <nl>,<ol> [or] ordinance <nl>, or 
order<ol> adopted following a public hearing, may <nl>apply to the department 
to<ol> amend the original boundaries subject to the following limitations.
(1) The boundaries as amended must not exceed the [original] size limitations 
and boundary requirements set by the Act and may not exclude any part of the 
zone within the boundaries as originally designated.
(2) The enterprise zone, <nl>including any added land area<ol>, must continue to 
meet all unemployment <nl>or other<ol> [and] economic distress criteria <nl>for 
enterprise zone destination<ol> throughout the zone as required by the Act  
<nl>and this chapter.
(3) (No change.)
(b) The governing body or bodies must provide certifications and evidence of 
public hearing and notices with respect to the boundary changes in the same form 
as required <nl>to make<ol> [in the original] application for enterprise zone 
designation. No area may be added to the proposed enterprise zone after a public 
hearing unless that area is first held out to the public in a subsequent public 
hearing for inclusion into the enterprise zone.
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 21, 1991.
TRD-9112989
Cathy Bonner
Executive Director
Texas Department of Commerce
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 472-5059
       
TITLE 13. CULTURAL RESOURCES
Part I. Texas State Library and Archives Commission
Chapter 7. Local Records
Microfilming Standards for Local Governments
13 TAC sec.7.34, sec.7.35
The Texas State Library and Archives Commission proposes new sec.7.34 and 
sec.7.35, concerning rules for the production, processing, testing, 
certification, and storage of aperture card/CAD microfilm systems and step-and-
repeat microfilm systems. The proposed rules establish standards and procedures 
for local government offices and local government records custodians to follow 
if they use such systems.
Marilyn von Kohl, division director, Local Records Division has determined that 
for each year of the first five years the new sections will be in effect, there 
will be fiscal implications to state or local governments as a result of 
administering the sections. There will be no effect on state government for the 
first five year period the sections are in effect. The effect on local 
government for the first five-year period the sections are in effect will be an 
estimated additional cost of $132 for fiscal years 1991-1993; and $120 for 
fiscal years 1994-1995.
Ms. von Kohl 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 protection of the integrity and longevity of public 
information contained in local government records which have been microfilmed 
using aperture card/CAD or step-and-repeat systems. There will be no cost of 
compliance with the sections for small business because the rules do not 
establish standards required for businesses. The cost of compliance for small 
businesses and the cost of compliance for the largest businesses affected by the 
sections will be the same (i.e., none) based on the cost per employee, cost of 
labor per hour, or cost per $100 of sales. 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 Marilyn von Kohl, Division 
Director, Local Records Division, Texas State Library, Box 12927, Austin, Texas 
78711.
The new sections are proposed under the Local Government Code, Title 4, Chapter 
204, which requires the Texas State Library and Archives Commission to adopt 
rules establishing standards and procedures for the microfilming of local 
government records.
sec.7.34. Aperture Card/Cad Systems.
(a) Standards for production, processing, testing, and storage of aperture cards 
are the same as those established in these rules for other microfilm formats, 
except as stated in this section.
(b) For medium-term, long-term, and permanent records master negatives must be 
silver-gelatin microfilm in roll form.
(c) For short-term microfilm:
(1) a methylene blue test must be performed on a sample aperture card according 
to sec.7.24(b)(1) of this title (relating to Tests and Other Methods of 
Inspection and Verification);
(2) a density test must be conducted of a sample at a minimum of once every 250 
cards or every 1,000 images, whichever is greater;
(3) a resolution test must be conducted on a sample at a minimum of once every 
250 cards or every 1,000 images, whichever is greater;
(4)  density and resolution targets must be on the microfilm or a test sample of 
the microfilm.
(d) Except as provided in subsection (e) of this section, a certificate of 
legality and authenticity must be on the film and must contain the following:
(1) the statement "I declare that the document(s) on this card is/are (records 
series) of (name of agency) and was/were filmed in accordance with Local 
Government Code, Chapter 204 and rules adopted under it."
(2) the signature, printed name, and title of the custodian or deputy of the 
custodian, unique identifier, and date of microfilming.
(e) If technical limitations will not allow on-film certification for short-term 
microfilm, off-film certification must contain the following.
(1) The statement "This is to certify that the official records appearing on 
(identifier) are accurate and complete reproductions in strict accordance with 
Local Government Code, Chapter 204, of the records series entitled (records 
series title), for the (name of department). These records were created in the 
normal course of business and microfilmed as part of a records management 
program as required by law; no addition, deletion, or alteration has been made."
(2) The off-film certificate of legality and authenticity must contain the 
printed or typed name of government, name of office, the name and title of the 
records custodian or deputy, and the date and place certified, and must be 
signed by the custodian or, if the camera operator is a deputy of the custodian, 
it may be signed by the deputy, the authorized representative and printed name 
of the service bureau (if any), and the unique identifier.
(f) Aperture cards must have the following information on label headings: name 
of government, office of origin, records series, and unique identifier.
(g) Adherence to the provisions of sec.7.26 of this title (relating to Use of 
Editorial and Technical Targets) and sec.7.27 of this title (relating to Image 
Sequence) is not required in the production of short-term aperture cards.
sec.7.35. Step-and-Repeat Systems.
(a) Standards for production, processing, testing, and storage of microfilm from 
a step-and-repeat system are the same as those established in these rules for 
other microfilm formats, except as stated in this section.
(b) Silver-gelatin microfilm in roll or microfiche form must be used for master 
negatives.
(c) A density test must be conducted at the beginning of each day of filming and 
at a minimum of once every roll or every 3,000 images.
(d) A resolution test must be conducted at the beginning of each day of filming 
and at a minimum of once every roll or every 3,000 images.
(e) Density and resolution targets must be on the microfilm or a sample of the 
microfilm.
(f) The following image sequence must be followed:
(1) title page target;
(2) records being microfilmed;
(3) declaration by camera operator target (if information is not contained on 
the certificate of legality and authenticity or declaration of intent);
(4) certificate of legality and authenticity or declaration of intent.
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-9112788
Raymond Hitt
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 463-5440
       
Part II. Texas Historical Commission
Chapter 15. Administration of Federal Programs
13 TAC sec.sec.15.2, 15.3, 15.6
The Texas Historical Commission proposes amendments to  ssec.15.2, 15.3, and 
15.6, concerning administration of federal programs. These sections were amended 
to incorporate changes which were required because of incorporation of Article 
6145 into the Texas Government Code, Chapter 442, as well as minor changes which 
have accumulated since the last revisions in 1988. These changes will be printed 
in a new rule book for the agency and distributed to the public.
George Ramirez, fiscal office, 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.
Curtis Tunnel, executive director, 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 not applicable, as the public is 
relatively unaffected by these particular sections. 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 Cindy Laguna Dally, Texas 
Historical Commission, P.O. Box 12276, Austin, Texas 78711, (512) 463-6100.
The amendments are proposed under the Texas Government Code, Chapter 442, which 
provide the Texas Historical Commission with the authority to adopt rules as it 
considers proper for the effective administration of this chapter (sec.442. 005 
(q)).
sec.15.2. Standards for Administration.
(a) For the purpose of administering and complying with the National Historic 
Preservation Act of 1966, as amended (Public Law 96-515, 94 Statute 2987, 16 
United States Code 470); the Tax Reform Act of 1976 (Public Law 94-455, 90 
Statute 1525, 26 United States Code l); the Revenue Act of 1878 (Public Law 95-
6700); the Economic Recovery Tac Act of 1981 (Public Law 97-34, 95 Statute 178, 
26 United States Code l); the Tax Equity and Fiscal Responsibility Act of 1982 
(Public Law 97-248, 96 Statute 324, 26 United States Code l); the Tax Reform Act 
of 1984 (Public law 98-369) and the Tac Reform Act of 1986 (Public Law 99-514); 
the Archeological Historical Preservation Act of 1974 (Public Law 93-291, 88 
Statute 174, 16 United States Code 469); the Archaeological Resources Protection 
Act of 1979 (Public Law 96-95, Statute 721, 16 United States Code 470a); 
Executive Order 11593; Executive Order 12072; federal programs, as well as other 
pertinent federal legislation and directives, the Texas Historical Commission 
adopts as its own the relevant federal rules and regulations, standards, 
guidelines:[, including, but not limited to,] 36 Code of Federal Regulations 60: 
National Register of historic and cultural properties; 36 Code of Federal 
Regulations 800: Protection of historic and cultural properties; 36 Code of 
Federal Regulations 61: Criteria for comprehensive statewide historic surveys 
and plans; 36 Code of Federal Regulations 63: Determinations of eligibility for 
inclusion in the National Register of Historic Places; 36 Code of Federal 
Regulations 66: Recovery of scientific, prehistoric, historic, and archeological 
data: methods, standards, and reporting requirements; 36 Code of Federal 
Regulations 68: Secretary of the Interior's Standards for Historic Preservation 
Projects; 'Archeology and Historic Preservation: Secretary of the Interior's 
Standards and Guidelines" (Federal Register, September 29, 1983): "Consulting 
about Archeology Under Section 106" (Advisory Council on Historic Preservation 
1990); 36 Code of Federal Regulations Part 79: Curation of Federally Owned and 
Administered Archeological Collections; "The Section 110 Guidelines" (Advisory 
Council on Historic Preservation 1989); and "Preparing Agreement Documents" 
(Advisory Council on Historic Preservation, 1989).
(b) (No change.)
sec.15.3. State Board of Review/National Register.
(a)-(b) (No change.)
(c) [Voting] Membership. The voting membership of the State Board of Review 
shall consist of 11 Texas residents.  <nl>A majority of the membership shall 
constitute a quorum and the chairman shall vote only to break a tie.<ol> The 
board shall include a minimum of one professional in each of the following 
disciplines: history, prehistoric archeology, historic archeology, architectural 
history, and architecture. All members shall meet the minimum standards of 
professional qualifications as set forth in the Federal Register <nl>(Part V: 36 
Code of Federal Regulations Part 61, sec.61.4(e))<ol> and verified by the State 
Historic Preservation Officer (State Liaison Officer). <nl>Two appointed 
representatives from Texas serve as advisors to the National Trust for Historic 
Preservation and shall serve as ex-officio, voting members of the board. The 
coordinator of the state historical marker program and the State Archeologist of 
the Texas Historical Commission shall serve as honorary, nonvoting, members of 
the board.
(d) Appointments. Appointments to the State Board of Review shall be by majority 
vote of the Texas Historical Commission. The term of office for board of review 
members shall be two years, with five members to be appointed one year and six 
to be appointed on alternate years. Terms shall begin October 1. Appointments by 
the Texas Historical Commission to fill vacancies may occur at any time during 
the year. No member of the State Board of Review shall be appointed to more than 
three consecutive terms. [A chairman will be elected by the review board 
annually. This subsection shall apply only to appointments or reappointments 
made after October 1, 1983.]
(e) Election and duties of officers. A chairman, vice-chairman and secretary win 
be elected by the review board annually by a majority vote at the first meeting 
of each federal fiscal year. The chairman shall perform such duties as are 
properly required of him or her by the board. He/she shall have general 
supervision of the affairs of the board. and shall have authority to interpret 
and carry out all policies established by its members. The vice- chairman shall 
perform such duties as the board or chairman directs, and shall preside in the 
absence of the chairman. The secretary shall certify the minutes of all meetings 
of the board and shall perform other duties as may be prescribed by the chairman 
or board. The secretary shall preside in the absence of the chairman and the 
vice-chairman. The secretary shall complete an evaluation form for each 
nomination presented by staff at each board meeting. The form will become a part 
of the Commission's permanent record of opinions and decisions by the board, and 
will be filed in the National Register Programs Office of the Texas Historical 
Commission.
<nl>(e)<ol>[(f)] Meetings. Meetings of the State Board of Review shall be held 
as many times per year as prescribed in the Federal Register <nl>(Part V: 36 
Code of Federal Regulations Part 61, sec.61.4(e)) <ol> pertaining to the 
National Register of Historic Places. Other meetings may be called by the 
chairman as needed. <nl>The chairman may appoint members to committees for 
specific purposes and committee meetings may be required. Committee reports, if 
any shall be given to the full board. If the elected secretary is absent from a 
board meeting, the chairman shall appoint a member of the board to serve as the 
secretary.
<nl>(g)<ol>[(f)] [Bylaws]  <nl>Rules.<ol> The board of review shall adopt 
[bylaws] <nl>these written procedures<ol> as required by the federal guidelines 
for the National Register as published in the Federal Register <nl>(Part V: 36 
Code of Federal Regulations Part 61, sec.61.4(e)).<ol> The adoption of, and 
amendments to, these [bylaws] <nl>rules<ol> shall be subject to approval by the 
Texas Historical Commission prior to their final adoption by the Board of 
Review.
<nl>(h)<ol>[(g)] Code of conduct.
(1)-(6) (No change.)
<nl>(i) Conduct of meetings. Parliamentary authority shall be according to 
Robert's Rules of Order. Newly Revised (hardback) except where specifically 
provided for otherwise in these rules.
sec.15.6. Rules and Procedures for Certified Local Governments.
(a) -(h) (No change.)
(i) Process for monitoring certified local governments.
(1) The State Historic Preservation Officer shall conduct <nl>at least once 
every three years<ol> [annually], a review [and monitoring] of Certified Local 
Governments to assure that each government fulfills its responsibilities as 
provided for in this section. <nl>The State Historic Preservation Officer or the 
Certified Local Government may request a review on an annul or biannual basis 
with consent from the other party.
(2)-(5)  (No change.)
(j)-(m) (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 July 26, 1991.
TRD-9112880
Curtis Tunnell
Executive Director
Texas Historical Commission
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 463-6100
       
Chapter 21. Museum Services
13 TAC sec.sec.21.1, 21.2, 21.3, 21.4
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Historical Commission or in the Texas Register office, Room 245, James Earl 
Rudder Building, 1019 Brazos Street, Austin.)
The Texas Historical Commission proposes the repeal of  ssec.21.1, 21.2, 21.3, 
and 21.4 concerning department of museum services. Sections 21.1-21.4 are 
repealed because the Department of Museum Services was consolidated with the 
State Marker Program to form a new department named the Local History Programs. 
These rules will be printed and distributed to the public.
George Ramirez, fiscal officer, has determined that for each year of the first 
five years the repeals will be in effect, there will be no fiscal implications 
to state or local governments as a result of administering the repeals.
Curtis Tunnell, executive director, 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 repeals will not be applicable as the public is 
relatively unaffected by these particular sections. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the proposed repeals.
Comments may be submitted to Cindy Laguna Dally, Texas Historical Commission, 
P.O. Box 12276, Austin, Texas 78711, (512) 463-6100.
The repeals are proposed under the Texas Government Code, Chapter 42, which 
provides the Texas Historical Commission with the authority to adopt rules as it 
considers proper for the effective administration of this chapter 
(sec.442.005(q)) .
sec.21.1. Department Museum Services.
sec.21.2. Museum Committee.
sec.21.3. Grant Program for History Museums.
sec.21.4. Winedale Museums Seminar.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas on July 26, 1991.
TRD-9112832
Curtis Tunnell
Executive Director
Texas Historical Commission
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 463-6100
       
Chapter 21. Local History Programs
278>13 TAC sec.sec.21.1, 21.2, 21.3, 21.4
The Texas Historical Commission proposes new sec.sec.21.1, 21.2, 21.3, and 21.4, 
concerning local history programs. The new sections reflect the consolidation of 
the Department of Museum Services and the State Marker Program of the Texas 
Historical Commission. These changes will be printed in a new rules book for the 
agency and distributed to the public.
George Ramirez, fiscal officer, 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.
Curtis Tunnell, executive director, 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 these particular sections. 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 Cindy Laguna Dally, Texas 
Historical Commission, P.O. Box 12276, Austin, Texas 78711, (512) 463-6100.
The new sections are proposed under the Texas Government Code, Chapter 442, 
which provides the Texas Historical Commission with the authority to adopt rules 
as it considers proper for the effective administration of this chapter 
(sec.442. 005(q)).
sec.21.1. Local History Programs Committee. All policies and procedures relating 
to museum services, including grants, seminars, and consultations, are 
determined by the Local History Programs Committee, comprised of members of the 
Texas Historical Commission appointed by the chairman.
sec.21.2. Grant Program for History Museums.  The grant program for history 
museums is administered by the commission's Local History Programs office.
(1) Eligibility of museums. To be considered eligible for grant assistance a 
museum shall:
(A) verify that it is an organized and permanent nonprofit institution, either 
public or private, mainly involved in education, research, or aesthetics;
(B) use trained personnel, paid or unpaid, who devote full time to the 
acquisition, care, and exhibition of historical objects owned or used by the 
institution;
(C) own and utilize tangible historical objects, while maintaining adequate 
accession records on all collections; and
(D) maintain exhibits which are open to the public on a regular schedule at 
least 20 hours per week 10 months a year.
(2) Eligibility of projects. Priority will be given to applications requesting 
funds for the conservation and preservation of collections. Projects involving 
construction of facilities are not eligible. Grant projects may include, but are 
not limited to:
(A) applying conservation methods;
(B) obtaining technical assistance;
(C) training staff members; and
(D) carrying out educational activities.
(3) Criteria for evaluation. The following criteria will be considered in 
awarding grants:
(A) clarity of the project's objectives;
(B) quality of the museum's operations;
(C) appropriateness of the project's size and scope;
(D) historical significance of the collection;
(E) availability of alternative support; and
(F) urgency (in the case of preservation projects).
(4) Filing applications. A copy of the application form may be obtained from the 
Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711. The deadline 
for delivery of five copies of the form to the commission offices is 5 p.m. on a 
date to be determined on a yearly basis relative to holidays and weekends. 
Applications received after the determined date and time will be returned.
(5) Determination of awards. The Local History Programs Committee evaluates 
grant applications and recommends those projects deemed most worthy. Grants are 
awarded by vote of the Texas Historical Commission at large at the first 
quarterly meeting after the deadline, or at other meetings designated as 
appropriate by vote of the commission. The meeting date will constitute a 
grant's award date. Reallocation of returned funds shall be made by the 
Executive Committee of the commission upon the recommendation of the Local 
History Programs office. Emergency grants must be completed within one year of 
the date awarded or by the end of the end of the biennium, whichever is first.
(6) Amount of award and matching funds. Funds for up to 50 percent of a 
project's cost may be awarded by the commission, but may not exceed $1,000. 
Applying museums shall provide the remaining 50 percent either in funds or as 
services in kind. Services in kind, such as volunteer time and institutional 
services, shall be documented and shall not exceed half a museum's matching 
contribution to the project. The Texas Historical Commission favors projects 
supported by locally raised matching funds. Federal grants, however,may also be 
used as matching funds.
(7) Commencement of projects. Approved project work shall commence with 45 days 
of the award date. No expenditures of project funds shall be made prior to that 
date.
(8) Payment procedures. All payments of grant funds shall be on a reimbursement 
basis, and may be in installments. Reimbursement will be made upon submission of 
proof of incurred allowable expenses. The last installment payment, will not be 
made until final reports have been submitted by the grant recipient and accepted 
by the Texas Historical Commission.
(9) Completion of project and final report. Grant recipients shall submit to the 
Texas Historical Commission a narrative report, photographic documentation, and 
a complete financial report of expenditures no later than 45 days following the 
completion of the project. All projects shall be completed within one year of 
the grant's award date. Any exception to this rules is to be approved by the 
Local History Programs Committee.
(10) Forfeiture of grant allocation. Failure to comply with the deadline for 
starting project work or to complete the project within a year of the award 
date, shall result in forfeiture of the full grant amount and its reallocation 
to another museum project by the commission.
(11) Requirements for handicapped access. All museums applying for grants must 
be in compliance with the barrier-free access provisions of the Handicapped 
Accessibility Act of Texas, Article 601b, sec.7, Texas Civil Statutes.
sec.21.3. Winedale Museum Seminar. The Winedale Museum Seminar is administered 
by the Commission's Local History Program offices.
(1) Activities. Twice each year, when funds permit the Texas Historical 
Commission holds a seminar on museum topics with 20 participants per session.
(2) Applicants. Applicants must be museum/historic site professionals, 
museum/historic site volunteers with at least two years' experience, or graduate 
students in an accredited program of museum studies.
(3) Area served. Applications will be accepted from residents of the United 
States the director of the Local History Programs office may admit at his or her 
discretion no more than two additional applicants from other countries, provided 
that these applicants pay registration fees and all expenses, including room and 
board.
(4) Application form. An application form may be obtained from the Local History 
Programs office of the Texas Historical Commission, P.O. Box 12276, Austin, 
Texas 78711. Each application shall be accompanied by two letters of 
recommendation and shall be received by the commission at its offices in Austin 
on or before the assigned deadline.
(5) Selection. Participants in the seminar are chosen by a special selection 
committee composed of two staff members of the Texas Historical Commission, a 
representative of the Texas Association of Museums, the administrator of 
Winedale, and two museum professionals with knowledge of the seminar.
(6) Expenses. Participants shall pay a registration fee, all travel expenses, 
and make their own travel arrangements.
sec.21.4. Museum On-Site-Consultations.
(a) Activities. The Texas Historical Commission gives a number of on-site 
consultations each year and provides advice on many topics.
(b) Applicants. Public museums, or nonprofit private museums, may request an on-
site visit and consultation from the Local History Programs office, Texas 
Historical Commission, P.o. Box 12276, Austin, Texas 78711. Commercial museums 
are excluded. Consultation is also available for groups planning the 
establishment of a public or nonprofit private museum.
(c) Form of request. Requests clearly stating the problem(s) to be treated shall 
be made in writing to the commission.
(d) Honoring requests. The Texas Historical Commission will honor those requests 
deemed meritorious as funds and available staff permits.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas on July 26, 1991.
TRD-9112833
Curtis Tunnell
Executive Director
Texas Historical Commission
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 463-6100
       
TITLE 16. ECONOMIC REGULATION
Part II. Public Utility Commission of Texas
Chapter 21. Practice and Procedure
Miscellaneous
16 TAC sec.21.182
The Public Utility Commission of Texas proposes new sec.21.182 concerning 
setting of utility assessment. The new section would provide a framework for 
adjusting the assessment provided for under the Public Utility Regulatory Act, 
sec.78. The rule provides that the assessment shall be set after an 
appropriation act sets the commission's and Office of Public Utility Counsel's 
budget. The rule also provides for the chairman of the commission to notify the 
comptroller of public accounts of the change.
Tipton Ross, executive assistant to Commissioner Marta Greytok, has determined 
that for the first five-year period the proposed section will be in effect, 
there will be no additional costs or cost savings for state government as a 
result of enforcing or administering the section. Mr. Ross, has determined that 
the fiscal implications to state revenues of actions taken pursuant to the 
Public Utility Regulatory Act, sec.78, which this rule addresses, is dependent 
on the budgets set by the legislature for the Office of Public Utility Counsel 
and the commission. Mr. Ross has also determined that with the current 
appropriations for the two agencies, state revenues may be reduced approximately 
$40 million over the biennium, assuming commission adjusts the assessment 
according to the proposed rule and the comptroller of public accounts collects 
the assessment at the rate set by the commission and utility revenues are what 
the comptroller of public accounts predicts them to be. Mr. Ross has determined 
that there will be no fiscal implications to local government as a result of 
enforcing and administering this section.
Mr. Ross has determined that for each year of the first five years the proposed 
section is in effect, the public benefit is the clarification of the manner in 
which the commission intends to adjust the assessment under the Public Utility 
Regulatory Act, sec.78. There will be no effect on small businesses. There is 
not any anticipated economic cost to persons who are required to comply with the 
proposed amendments.
Mr. Ross has also 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, Suite 232S, Austin, Texas 78757. Comments should be submitted 
within 30 days after publication of the proposed section. Comments should refer 
to Project Number 10629.
The amendment is proposed under sec.16(a) of PURA, which provides the Public 
Utility Commission of Texas with the authority to make and enforce the rules 
reasonably required in the exercise of its powers and jurisdiction.
sec.21.182. Setting of Utility Assessment.
(a) After each legislative session in which the commission's and Office of 
Public Counsel's budgets are set as part of the Appropriation Act, the 
commission shall issue an Order setting the level of the assessment to be 
imposed on each utility subject to the assessment under the Act, sec.78. The 
assessment level shall be computed by dividing the general revenue budget 
appropriated for both the Office of Public Utility Counsel and the Public 
Utility Commission less Senate Bill 444 revenues by the Comptroller's estimate 
of the revenues over the biennium of utilities subject to the assessment. For 
purposes of computing the assessment, the budgets of the Office of Public 
Utility Counsel and the commission shall be increased to account for overhead 
related to employee fringe benefits by using the most recent percentage for such 
overhead for state agencies calculated by the Legislative Budget Board. The 
commission shall also include any other known adjustment arising from 
governmental action, such as across the board salary increases and budget cuts, 
that may increase or decrease the commission's and the Office of Public Utility 
Counsel's cost of operation during the biennium.
(b) The commission may also adjust the rate of assessment at times other than 
after the passage of a general appropriations act when action by the legislature 
or the Governor changes the commission's and the Office of Public Utility 
Counsel's budgets in the aggregate by more than 25%. In such cases, the same 
methodology for setting the assessment as outlined in the previous subsection 
shall be used.
(c) After the order is issued setting the assessment, the chairman of the 
commission shall send a copy of the order to the comptroller.
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 18, 1991.
TRD-9112978
Mary Ross McDonald
Secretary of the Commission
Public Utility Commission of Texas
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 458-0100
       
Chapter 23. Substantive Rules
Rates
16 TAC sec.23.21
The Public Utility Commission of Texas proposes an amendment to sec.23.21 by 
adding a new subsection (d). The amendment provides a mechanism for addressing 
the effect on state taxes of House Bill 11, 72nd Legislature, First Called 
Special Session. Section 16.072 of that bill amends the Public Utility 
Regulatory Act, sec.43 to require that the commission provide for adjustments to 
utility billings to account for the effect on state taxes upon the motion of any 
utility or the commission's own motion.
The amendment requires each utility that pays state franchise taxes and has not 
had a rate case that accounted for the effect of House Bill 11 to file a tariff 
December 1 of each year that provides an adjustment factor that could be used to 
account for the effect of House Bill 11 on the utility's state taxes. If the 
tariff provides for a reduction in rates or if the utility petitions for the 
factor to take effect, the tariff would take effect on an interim basis, subject 
to surcharge or refund with interest, at the beginning of the next calendar 
year. Final determination of the adjustment factor will be made at the end of 
the year. If the utility will experience an increase in state taxes, but chooses 
to not request the increase, the filing will be considered informational. 
Provisions are made to delay the final hearing for up to three years for 
administrative efficiency and to dismiss a reduction should the amount be 
smaller than the cost of implementing the reduction.
The rule prescribes the manner in which the adjustment shall be calculated. The 
total adjustment will be calculated by subtracting the estimated taxes that 
would have been due if House Bill 11 had not been passed from the taxes that 
will be due under House Bill 11. Recognition is made to account for the 
difference in the privilege periods under the old franchise tax, which ran from 
May 1-April 30, and the new law, which runs from January 1-December 31. The 
proposed rule allows utilities to pass through the extra (double) tax incurred 
during the first four months of 1992.
The rule also prescribes the manner in which the adjustment shall be allocated 
to the customers. For electric utilities, any decreases are allocated in the 
same manner as franchise taxes were in the last case and any increases are 
allocated on the same basis as were federal income taxes in the utility's last 
case. For telephone utilities, the adjustment is allocated based on revenues 
during the same period as covered by the federal tax return used to calculate 
the taxes.
Finally, the rule requires that the adjustment be separately identified on the 
bill.
The commission requests that parties comment on three areas in addition to any 
other comments they may offer. The commission requests that parties offer 
comments on the appropriate method to allocate costs. Second, the commission 
requests comment on the appropriate method to allocate costs within a class or 
service and design the rate for telephone utilities. For example, should 
revenues be estimated in order to compute a per dollar adder as a billing 
mechanism or should the adjustment be allocated within a class based on the 
number of customers? Finally, the commission requests comment on whether the 
commission is authorized to provide for an adjustment to account for state taxes 
on the bills of electric customers residing within a city that has retained 
original jurisdiction.
Bret J. Slocum, 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. Slocum 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 efficient compliance with House Bill 11, sec.16. 072. There will 
be no effect on small businesses as a result of enforcing or administering the 
section. There is minimal anticipated economic cost to persons who are required 
to comply with the proposed amendments.
Mr. Slocum also has determined that or each of the first five years the 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, Suite 232S, Austin, Texas 78757. Comments should be submitted 
within 30 days after publication of the proposed section. Comments should refer 
to Project Number 10634.
The amendment is proposed under sec.16(a), Public Utility Regulatory Act, which 
provides the Public Utility Commission of Texas with the authority to make and 
enforce the rules reasonably required in the exercise of its powers and 
jurisdiction.
sec.23.21. Cost of Service.
(a)-(c) (No change.)
<nl>(d) Adjustment for House Bill 11, Acts of 72nd Legislature, First Called 
Special Session 1991.
<nl>(1) On or before December 1 of each year, each utility is that is subject to 
the commission's rate setting jurisdiction, pays state franchise taxes and has 
not had a rate proceeding under the Act, sec.42 or sec.43 in which the effects 
of House Bill 11 were considered in the setting of rates, shall file with the 
commission a tariff sheet, or tariff sheets, applicable to each rate class 
setting forth an interim House Bill 11 tax adjustment factor. The factors shall 
be calculated as set forth in the following paragraphs. With the tariff sheets, 
the utility shall include an explanation of how the interim factor was 
calculated as well as showing all the calculations.
<nl>(2) If the factor results in a decrease or the utility affirmatively 
requests that an adjustment be made to its billings to account for the effect of 
House Bill 11 on its state taxes, the tariff filing will be docketed and the 
interim House Bill 11 tax adjustment factor filed by the utility will 
automatically go into effect on January 1 of the year following the filing. 
However, in the case of a small decrease, if the hearings examiner determines 
that the cost of implementing the factor is likely to be more than the actual 
reduction in state taxes caused by House Bill 11, the hearings examiner may 
dismiss the case. If the factor results in an increase but the utility does not 
request that the adjustment be made, the filing of the tariff(s) will be 
considered an informational filing.
(3) The interim House Bill 11 tax adjustment factor shall be calculated by 
allocating the effect on the utility's state taxes for the next calendar year of 
House Bill 11 as provided in paragraph (6) of this subsection. The effect on the 
utility's state taxes for the coming calendar year shall be calculated by 
subtracting the estimated state taxes that would be attributable to the calendar 
year if the law prior to House Bill 11 was still in effect from the estimated 
state taxes that will be due or are attributable to the calendar year under 
House Bill 11. In calculating the state taxes that would be due during the 
calender year if the law prior to House Bill 11 was still in effect, four-
twelfths of the tax paid or that would have been paid in the previous year and 
eight-twelfths of the tax that would have been paid in the calendar year in 
question will be considered attributable to the calendar year in question. For 
1992 alone, the taxes attributable to the calendar year under House Bill 11 
shall be considered to include four-twelfths of the taxes paid in 1991. In 
performing the calculation, the various fees imposed by House Bill 11 will not 
be considered taxes.
(4) If an interim factor goes into effect, it shall be subject to surcharge or 
refund to the extent it differs from the factor finally set by the commission. 
If a surcharge or refund is necessary, simple interest will be added to the 
amount due at the rate set by the commission for overbillings. If the adjustment 
necessary to account for the effect of House Bill 11 is so small that it would 
be difficult to adjust on a monthly basis, the utility may provide in its tariff 
sheet(s) an interim adjustment factor of zero and request that the adjustment be 
performed by the use of a factor during a single month.
(5) The hearing on the merits for purposes of setting the final factor, if 
necessary, shall be convened no earlier than November 15 of the year following 
the filing of the tariff. The utility shall file, on October 1 or the first 
business day thereafter, testimony supporting the final adjustment factor that 
it is requesting to account for the effect of House Bill 11 on its state taxes 
for that year. The utility's filing will include a copy of the franchise tax 
return filed with the comptroller's office and the details of their computation 
of the tax that would have been due had House Bill 11 not been enacted. For 
purposes of administrative efficiency, the hearings examiner assigned to a case 
may grant a utility's request that the final hearing on a particular year's 
factor be delayed for up to three years; however, if such a request is granted, 
any interest to be paid by the utility shall be at the utility's cost of capital 
as determined in the utility's last rate case.
(6) Cost allocation and rate design are as follows.
(A)  Electric utilities. For electric utilities, if the adjustment factor 
results in a lower cost to the ratepayers, the revenue decrease shall be 
allocated to the customers on the same basis as the franchise taxes were 
allocated in the utility's last rate case. If the adjustment factor results in a 
greater cost to the ratepayers, the revenue increase will be allocated to the 
customers in the same manner as were federal income taxes in the utility's last 
rate case. The factor for each customer within a class will then be calculated 
based on expected kwh sales and charged on a per kwh basis.
(B)  Telephone utilities. Any increase or decrease will be allocated to each 
customer class and service based on the revenues from that class or service. For 
purposes of determining revenues, the period to be used will be the same as that 
for the federal tax return used to compute the state taxes.
(7) The utility shall separately list the adjustment on each customer's bill and 
label the adjustment, "State Tax Adjustment."
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 16, 1991.
TRD-9112801
Mary Ross McDonald
Secretary of the Commission
Public Utility Commission of Texas
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 458-0100
       
The Public Utility Commission of Texas proposes the repeal of sec.23.27 and new 
sec.23.27, concerning rate-setting flexibility for services subject to 
significant competition, and competitive exchange services and pricing 
flexibility.
Susan M. Hafeli, assistant general counsel, has determined that for the first 
five-year period the repeal and new section are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the repeal and new section.
Ms. Hafeli also has determined that for each year of the first five years the 
repeal and new section is in effect the public benefit anticipated as a result 
of enforcing the section will be the protection of the public interest while 
allowing competition in the provision of intraexchange telecommunications 
services. There will be no effect on small businesses as a result of enforcing 
the repeal and section. The economic cost to utilities required to comply with 
the proposed section is expected to be approximately equivalent to that economic 
cost associated with proceeding under the current regulatory framework. It is 
anticipated that public comments will provide estimates of the costs, if any, of 
compliance.
Susan M. Hafeli also has determined that for each of the first five years the 
proposed repeal and new section are in effect, there will be no impact on 
employment in the geographical areas affected by implementing the requirements 
of this section.
Comments on the proposals (13 copies) may be submitted to Mary Ross McDonald, 
Secretary, Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, 
Austin, Texas 78757, within 30 days after publication. Comments should refer to 
Project Number 9708.
In addition, the Public Utility Commission of Texas solicits comments on three 
issues pertaining to this rulemaking: whether to replace the word "exchange(s)" 
with the word "LATA" in the text of the new sec.23.27; whether to limit the 
designation of a service as a competitive exchange service to only that part of 
the exchange(s) (or LATA) in which the telecommunications utility will offer the 
service; and if the response to the preceding issue is yes, then whether to 
limit a local exchange carrier's grant of pricing flexibility to only that part 
of the exchange(s) (or LATA) in which a competitor has been authorized to offer 
a competitive exchange service.
Rates
16 TAC sec.23.27
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Public Utility 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Civil Statutes, Article 1446c, sec.16, which 
provide the Public Utility Commission of Texas with the authority to make and to 
enforce rules reasonably required in the exercise of its powers and 
jurisdiction, and sec.18, which provides that the public interest requires that 
new rules, policies, and principles be formulated and applied to protect the 
public interest and to provide equal opportunity to all telecommunications 
utilities in a competitive marketplace.
sec.23.27. Rate-Setting Flexibility for Services Subject to Significant 
Competition.
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 16, 1991.
TRD-9112834
Mary Ross McDonald
Secretary
Public Utility Commission of Texas
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 458-0100
       
The new section is proposed under Texas Civil Statutes, Article 1446c, sec.16, 
which provide the Public Utility Commission of Texas with the authority to make 
and to enforce rules reasonably required in the exercise of its powers and 
jurisdiction, and sec.18, which provides that the public interest requires that 
new rules, policies, and principles be formulated and applied to protect the 
public interest and to provide equal opportunity to all telecommunications 
utilities in a competitive marketplace.
sec.23.27. Competitive Exchange Services and Pricing Flexibility.
(a) Purpose. The provisions of this section are intended to protect the public 
interest while allowing competition in the provision of intraexchange 
telecommunications services.
(b) Definitions. The following words and terms, when used in this section, shall 
have the following meanings, unless the context clearly indicates otherwise.
(1) Application for competitive exchange service-An application filed by a 
telecommunications utility other than a local exchange carrier pursuant to 
subsection (d) of this section to request that a service be designated as a 
competitive exchange service within a specified geographic area.
(2) Application for a customer-specific contract-An application filed by a local 
exchange carrier pursuant to subsection (m) of this section to request approval 
of a customer-specific contract.
(3) Application for pricing flexibility-An application filed by a local exchange 
carrier pursuant to subsection (i) of this section to request pricing 
flexibility for a particular service.
(4) Competitive exchange service-A telecommunications service that is provided 
within an exchange by a telecommunications utility other than a local exchange 
carrier and that has been designated as a competitive exchange service by the 
commission pursuant to the provisions of this section.
(5) Geographic area-An area delineated by exchange boundaries as shown on 
official commission boundary maps. A geographic area may encompass one or more 
exchanges but not parts of exchanges.
(6) Incumbent local exchange carrier (ILEC)-Any local exchange carrier that is 
certificated to provide service within any part of the geographic area specified 
in an application for competitive exchange service.
(c) Provision of telecommunications services within an exchange. Except as 
provided in subsection (r) of this section no telecommunications utility shall 
provide any service within an exchange unless the telecommunications utility is 
a local exchange carrier certificated to provide local exchange service within 
that exchange, unless the service is listed in sec.23.61(a)(17)(A)-(D) of this 
title (relating to Telephone Utilities) or, unless, pursuant to the provisions 
of this section, the commission designates the service as offered by that 
utility as a competitive exchange service with respect to a geographic area that 
encompasses that exchange.
(d) Competitive exchange service. Any telecommunications utility other than a 
local exchange carrier may file an application requesting that a service be 
designated as competitive exchange service within a specified geographic area. 
Any such designation made pursuant to this section is limited to that service 
identified in the application for competitive exchange service as offered by the 
applicant within the specified geographic area. An application for competitive 
exchange service shall:
(1) include a statement of intent to use the procedures established in this 
section;
(2) include functional and technical descriptions of the service for which the 
applicant is requesting designation as a competitive exchange service, 
including:
(A) the functions that the service is intended to perform for the customer;
(B) the equipment used to provide the service (including, but not limited to, 
transmission facilities, switching facilities, customer equipment, software 
functions, and protocol);
(C)  the network configurations used to provide the service; and
(D)  schematics;
(3) describe the geographic area in which the applicant is requesting that the 
service be designated as a competitive exchange service and identify the 
specific part of that area in which the applicant's service will be offered;
(4) include a map or maps of the geographic area described pursuant to paragraph 
(3) of this subsection that can be coordinated with official commission boundary 
maps and outline the specific part of that area in which the applicant's service 
will be offered;
(5) describe the products or services known to the applicant, if any, that are 
currently available or anticipated to become available in the geographic area 
described pursuant to paragraph (3) of this subsection, and that are 
substitutable for the service described pursuant to paragraph (2) of this 
subsection, including those provided by the applicant, and identify the 
providers of those products or services;
(6) address the extent to which each of the products or services described 
pursuant to paragraph (5) of this subsection are or will become available within 
the geographic area;
(7) state, to the extent known to the applicant, under what rates, terms, and 
conditions each of the products or services described pursuant to paragraph (5) 
of this subsection are or will be offered;
(8) address the demand for the service described pursuant to paragraph (2) of 
this subsection if there is no substitute currently available;
(9) identify and address any privacy issues relevant to the service described 
pursuant to paragraph (2) of this subsection, and state specifically the 
circumstances, if any, under which the calling party's telephone number will be 
available to the called party or to any third party;
(10) identify and address any significant barriers to entry or exit; and
(11) include testimony that clearly and precisely addresses the requirements of 
paragraphs (2)-(10) of this subsection.
(e) Notice with respect to an application for competitive exchange service.
(1) At least 10 days prior to the filing of an application for competitive 
exchange service, the applicant shall file with the commission, and serve upon 
the Office of Public Utility Counsel and each ILEC, a notice of intent to file 
an application for competitive exchange service. The commission shall publish 
notice of the applicant's intent to file an application for competitive exchange 
service in the Texas Register <ol>. The notice of intent shall:
(A)  name the applicant;
(B) include a description of the service;
(C) include a description of the geographic area in which the service is 
proposed to be offered;
(D) include a statement of the applicant's intent to use the provisions of this 
section for approval of the application for competitive exchange service;
(E) name any ILEC(s) operating within the geographic area specified in the 
application for competitive exchange service;
(F) state that any named ILEC(s) may be given pricing flexibility with respect 
to any services for which it requests pricing flexibility in response to the 
application for competitive exchange service;
(G) include a statement that, pursuant to the provisions of this section, the 
application for competitive exchange service may be approved within 100 days of 
filing; and
(H) include the expected filing date of the application for competitive exchange 
service.
(2) Concurrently with the filing of its notice of intent pursuant to paragraph 
(1) of this subsection, the applicant shall file the text of a proposed public 
notice. No later than four days before the expected filing date, the 
commission's general counsel shall file his recommendations as to the adequacy 
of the proposed public notice. No later than the expected filing date, the 
presiding examiner shall approve or modify and approve the proposed public 
notice. As published, the public notice shall at a minimum include the items 
specified in paragraph (1)(A)-(H) of this subsection and the following language: 
"Persons who wish to intervene or otherwise participate in these proceedings 
should notify the commission as soon as possible, but not later than (insert 
first business day that is 35 days from the date of the filing). A prehearing 
conference may be held at the offices of the Public Utility Commission of Texas 
as early as (insert first business day that is 45 days from the date of the 
filing). A request to intervene, to participate, or to obtain further 
information should be mailed to the Director of Hearings, Public Utility 
Commission of Texas, 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 
78757. Further information may also be obtained by calling the Public Utility 
Commission Public Information Office at (512) 458-0256, or at (512) 458-0321, 
text telephone (TT). Please refer to Docket Number (insert assigned number)."
(3) Upon the approval of the public notice, the applicant shall publish the 
public notice in a conspicuous form and place in a newspaper having general 
circulation in each county containing territory affected by the proposed change 
one time each week for two consecutive weeks. Proof of publication in the form 
of publishers' affidavits shall be filed with the commission at least 65 days 
before any designation is made pursuant to this section. Each affidavit shall 
state each county in which the newspaper is of general circulation.
(4) Within five days of the filing of the application for competitive exchange 
service, the applicant shall file a certificate of service attesting that a copy 
of the application for competitive exchange service has been served upon all 
ILECs, the Office of Public Utility Counsel and upon all providers of products 
or services identified in subsection (d)(5) of this section.
(5) In the interest of equity, the presiding examiner may recommend that the 
costs of public notice incurred by the applicant that provided public notice be 
apportioned among any telecommunications utilities that participate in the 
docketed proceeding identified in subsection (g)(1) of this section in such 
proportions as may be just and reasonable.
(f) Incumbent local exchange carrier(s)-ILEC(s).
(1) Any ILEC may choose to participate in the docketed proceeding identified in 
subsection (g) (1)of this section.
(A) Within 25 days of the filing of the application for competitive exchange 
service, any ILEC that intends to participate shall file a statement of position 
stating whether it supports such application, opposes such application, or will 
not contest such application. Additionally, the ILEC shall state whether it will 
seek pricing flexibility during the docketed proceeding for a service that it 
offers.
(B) If an ILEC filed a statement of position pursuant to subparagraph (A) of 
this paragraph, any testimony in support of its position and any application for 
pricing flexibility prepared pursuant to subsection (i) of this section shall be 
filed within 35 days of the filing of the application for competitive exchange 
service, unless this timeline is suspended pursuant to subparagraph (C) of this 
paragraph. If the ILEC does not file testimony addressing the impact that 
approval of the application for competitive exchange service might have on 
universal service within its certificated exchange(s), the commission may 
presume that there is no significant impact on universal service within that 
ILEC's certificated exchange(s).
(C) If an ILEC seeks pricing flexibility in response to an application for 
competitive exchange service, the presiding examiner shall, upon request of the 
ILEC, suspend the timeline for 35 days to allow the ILEC to prepare its 
application for pricing flexibility, as required by subsection (i) of this 
section.
(2) If within 25 days of the filing of the application for competitive exchange 
service an ILEC does not file a statement of position pursuant to paragraph 
(1)(A) of this subsection, the commission shall presume that the ILEC chooses 
neither to support, oppose, or file testimony related to the application for 
competitive exchange service, nor to seek pricing flexibility pursuant to 
subsection (i) of this section in the same docketed proceeding in which the 
commission considers the application for competitive exchange service. If the 
ILEC does not participate in the docketed proceeding, the commission may presume 
that there is no significant impact on universal service within that ILEC's 
certificated exchange(s).
(g) Processing of the application for competitive exchange service.
(1) An application for competitive exchange service filed pursuant to subsection 
(d) of this section shall be docketed.
(2) Within five days of the filing of the application for competitive exchange 
service, the presiding examiner shall issue a protective order. Parties 
participating in discovery shall be bound by the terms of that protective order, 
unless and until modified by the presiding examiner or the commission.
(3) Immediately upon filing of the application for competitive exchange service, 
the commission's general counsel, the Office of Public Utility Counsel, any 
party that has filed a motion to intervene, and any ILEC may file requests for 
information upon the applicant. Once an ILEC files a statement of position 
pursuant to subsection (f) (1)(A) of this section, the commission's general 
counsel, the Office of Public Utility Counsel, the applicant, and any party that 
has filed a motion to intervene may file requests for information upon such 
ILEC. Three copies of all answers to such requests for information shall be 
filed, and a copy shall be served upon the requesting party, the commission's 
general counsel, and the Office of Public Utility Counsel within 10 days after 
receipt of such requests.
(4) The presiding examiner shall hold a prehearing conference to identify any 
contested issues.
(A) If no contested issues are raised at the prehearing conference, then within 
10 days of the prehearing conference the presiding examiner shall issue an order 
setting a procedural schedule that ensures that a final determination is made by 
the commission within 100 days of the filing of the application for competitive 
exchange service or, in the event that the timeline has been suspended pursuant 
to subsection (f)(1)(C) of this section, within 135 days. The presiding 
examiner, upon a showing of good cause, may further extend the timeline, 
provided that the presiding examiner's order shall specifically identify the 
facts found to constitute good cause. A request by a local exchange carrier to 
modify the form of pricing flexibility sought in its application for pricing 
flexibility shall not constitute good cause for an extension of the timeline.
(B) If contested issues are raised at the prehearing conference, then within 10 
days of the prehearing conference the presiding examiner shall issue an order 
identifying the contested issues and setting a procedural schedule that ensures 
that a final determination is made by the commission within 180 days of the 
filing of the application for competitive exchange service or, in the event that 
the timeline has been suspended pursuant to subsection (f)(1)(C) of this 
section, within 215 days. The presiding examiner, upon a showing of good cause, 
may further extend the timeline, provided that the presiding examiner's order 
shall specifically identify the facts found to constitute good cause. A request 
by a local exchange carrier to modify the form of pricing flexibility sought in 
its application for pricing flexibility shall not constitute good cause for an 
extension of the timeline.
(5) Any final order approving an application for competitive exchange service 
shall also rule on an ILEC's application for pricing flexibility filed pursuant 
to subsection (i) of this section.
(h) Approval of an application for competitive exchange service.
(1) In recommending approval of an application for competitive exchange service, 
the presiding examiner shall find that the service specified in the application 
for competitive exchange service is not basic local exchange service, including 
local measured service, and shall find that the provision of the service on a 
competitive basis is in the public interest based upon consideration of the 
following:
(A) the availability of substitutable services for the service that is the 
subject of the application for competitive exchange service, or evidence of 
demand for the service if a substitutable service is not currently provided by 
any telecommunications utility within the specified geographic area;
(B)  the existence of any barrier to entry or exit that is significant with 
respect to either the service that is the subject of the application for 
competitive exchange service or the geographic area specified;
(C)  whether the provision of the service on a competitive basis within the 
specified geographic area would have any significant impact on universal 
service;
(D) whether any identified privacy issues have been appropriately addressed; and
(E) any other relevant matter identified in the record.
(2) Nothing in this section is intended to prevent the presiding examiner from 
modifying the application for competitive exchange service based on the record 
evidence and recommending that the commission approve the application as 
modified.
(i) Pricing flexibility. A local exchange carrier may file an application 
requesting pricing flexibility either on its own motion or as an ILEC 
participating, pursuant to subsection (f) of this section, in the docketed 
proceeding identified in subsection (g)(1) of this section.
(1) When an ILEC participates in the docketed proceeding identified in 
subsection (g)(1) of this section, it shall not be granted any form of pricing 
flexibility for a service that is the subject of its application for pricing 
flexibility unless there is contemporaneous approval of the application for 
competitive exchange service to which the ILEC has responded.
(2) When an ILEC participates in the docketed proceeding identified in 
subsection (g)(1) of this section, it shall file only one application for 
pricing flexibility per service for which it seeks pricing flexibility, except 
as provided in paragraph (3) of this subsection.
(3) When an ILEC participates in the docketed proceeding identified in 
subsection (g)(1) of this section, and if the requirements of subparagraphs (A)-
(D) of this paragraph are satisfied, the ILEC shall be granted pricing 
flexibility in the form of banded rates for a service that it offers that is the 
same as the service that is the subject of the application for competitive 
exchange service. The presiding examiner may recommend maximum and minimum rates 
that are different from the rates requested by the ILEC. If an ILEC wants to 
request a form of pricing flexibility other than banded rates for a service that 
it offers that is the same as the service that is the subject of the application 
for competitive exchange service, it may file an application requesting that 
form of pricing flexibility and, in the alternative, requesting banded rates. No 
timelines will be extended to allow the ILEC to prepare an application seeking 
alternative forms of pricing flexibility.
(A) The ILEC must file an application for pricing flexibility pursuant to this 
subsection, including the items set forth in paragraph (8)(A)-(K) of this 
subsection, that proposes banded rates as the type of pricing flexibility it 
requests for a service that it offers that is the same as the service that is 
the subject of the application for competitive exchange service.
(B)  The ILEC must identify the maximum and minimum rates proposed and include 
information demonstrating that the minimum rate is greater than 105% of the 
system-wide incremental cost of the service.
(C) The ILEC must demonstrate that the service for which it seeks banded rates 
is the same as the service that is the subject of the application for 
competitive exchange service.
(D) There must be contemporaneous approval of the application for competitive 
exchange service to which the ILEC has responded.
(4)  Nothing in this subsection is intended to prevent a local exchange carrier 
from obtaining pricing flexibility other than customer-specific contracts for 
those services specified in subsection (m)(1)(A)-(C) of this section.
(5)  Nothing in this section is intended to preclude a local exchange carrier 
from requesting pricing flexibility for any intraLATA, interexchange service 
that it provides.
(6) A local exchange carrier may request the types of pricing flexibility set 
forth in subparagraphs (A)-(D) of this paragraph.
(A) Banded rates. If a local exchange carrier is granted the authority to charge 
banded rates, the minimum rate shall be greater than 105% of the system-wide 
incremental cost of the service, unless the local exchange carrier shows good 
cause for basing minimum rates on some other cost standard. Subsequent to 
commission approval of banded rate pricing, a local exchange carrier may change 
rates within the band no sooner than 10 days after completion of notice to those 
parties identified in clause (ii) of this subparagraph. In any commission order 
granting banded rates, the commission shall establish:
(i) the minimum and maximum rates to be used; and
(ii)  the manner in which the local exchange carrier shall provide notice to the 
affected customers, the Office of Public Utility Counsel, and the commission of 
any subsequent changes in rates within the rate band.
(B)  Customer-specific contracts. If a local exchange carrier is granted the 
authority to enter into customer-specific contracts pursuant to this section, 
such local exchange carrier shall maintain tariffed rates for that service and 
shall present the customer with the option of receiving the service pursuant to 
the tariff or pursuant to a customer-specific contract. Each customer-specific 
contract shall, by its own terms, be subject to the commission's approval, and 
service may not commence under the contract until the commission has approved 
the contract. Customer-specific contracts shall be filed and approved pursuant 
to subsections (m) and (n) of this section.
(C) Detariffing. If a local exchange carrier is granted the authority to 
detariff a service, the local exchange carrier shall maintain at the commission 
at all times a current price list for the service, and the commission shall 
retain authority to regulate the quality, terms and conditions of the detariffed 
service, other than rates.
(D) Any other form of pricing flexibility that the commission may find to be in 
the public interest, under such terms and conditions as the commission 
determines to be in the public interest.
(7) Pricing flexibility for a local exchange carrier shall be limited to the 
service described pursuant to paragraph (8)(C) of this subsection, and shall be 
limited to the exchanges identified pursuant to paragraph (8)(D) of this 
subsection.
(8) An application for pricing flexibility shall:
(A) include a statement of intent to use the procedures established in this 
section if the local exchange carrier is filing the application on its own 
motion;
(B) specify a single type of pricing flexibility requested, except as provided 
in subsection (i)(3) of this section;
(C) include functional and technical descriptions of the service for which the 
local exchange carrier is requesting pricing flexibility, including:
(i) the functions that the service is intended to perform for the customer;
(ii) the equipment used to provide the service (including, but not limited to, 
transmission facilities, switching facilities, customer equipment, software 
functions, and protocol);
(iii) the network configurations used to provide the service; and
(iv) schematics;
(D) identify the exchanges where the local exchange carrier is requesting 
pricing flexibility, provided that such exchanges shall be limited to those 
exchanges within the geographic area described pursuant to subsection (d)(3) of 
this section when the application for pricing flexibility is filed by an ILEC 
participating in the docketed proceeding identified in subsection (g)(1) of this 
section;
(E) include a map or maps of the exchanges identified pursuant to subparagraph 
(D) of this paragraph that can be coordinated with official commission boundary 
maps;
(F) describe the products or services known to the local exchange carrier, if 
any, that are currently available or anticipated to become available in the 
exchanges identified pursuant to subparagraph (D) of this paragraph, and that 
are substitutable for the service described pursuant to subparagraph (C) of this 
paragraph, including those provided by the local exchange carrier, and identify 
the providers of those products or services;
(G) as part of the description of substitutable services required by 
subparagraph (F) of this paragraph, address whether the service that is the 
subject of the application for pricing flexibility raises privacy issues that 
are significantly different from those privacy issues raised by any substitutes 
for the service that is the subject of the application for pricing flexibility;
(H) address the extent to which each of the products or services identified 
pursuant to subparagraph (F) of this paragraph are or will become available 
within the exchanges described pursuant to subparagraph (D) of this paragraph;
(I) state, to the extent known, under what rates, terms, and conditions each of 
the products or services described pursuant to subparagraph (F) of this 
paragraph are or will be offered;
(J) identify and address any significant barriers to entry or exit;
(K) identify and address the impact that approval of the application for pricing 
flexibility may have on universal service; and
(L) include testimony that clearly and precisely addresses the requirements of 
subparagraphs (B)-(K) of this paragraph.
(j) Notice with respect to an application for pricing flexibility filed by a 
local exchange carrier on its own motion. The provisions of this subsection 
apply only when the local exchange carrier files an application for pricing 
flexibility on its own motion. When an ILEC files an application for pricing 
flexibility as part of its participation in the docketed proceeding identified 
in subsection (g)(1) of this section, notice will be provided pursuant to 
subsection (e) of this section.
(1) At least 10 days prior to the filing of an application for pricing 
flexibility, the local exchange carrier shall file with the commission, and 
serve upon the Office of Public Utility Counsel, a notice of intent to file an 
application for pricing flexibility. The commission shall publish notice of the 
local exchange carrier's intent to file an application for pricing flexibility 
in the Texas Register <ol>. The notice of intent shall:
(A) name the local exchange carrier;
(B) include a description of the service;
(C)  identify the exchange(s) in which the service is proposed to be flexibly 
priced;
(D) include a statement of the local exchange carrier's intent to use the 
provisions of this section for approval of the application for pricing 
flexibility;
(E) include a statement that, pursuant to the provisions of this section, the 
application for pricing flexibility may be approved within 100 days of filing; 
and
(F) include the expected filing date of the application for pricing flexibility.
(2) Concurrently with the filing of its notice of intent pursuant to paragraph 
(1) of this subsection, the local exchange carrier shall file the text of a 
proposed public notice. No later than four days before the expected filing date, 
the commission's general counsel shall file his recommendations as to the 
adequacy of the proposed public notice. No later than the expected filing gate, 
the presiding examiner shall approve or modify and approve the proposed public 
notice. As published, the public notice shall at a minimum include the items 
specified in paragraph (1)(A) -(F) of this subsection and the following 
language: "Persons who wish to intervene or otherwise participate in these 
proceedings should notify the commission as soon as possible, but not later than 
(insert first business day that is 35 days from the date of the filing). A 
prehearing conference may be held at the offices of the Public Utility 
Commission of Texas as early as (insert first business day that is 45 days from 
the date of the filing). A request to intervene, to participate, or to obtain 
further information should be mailed to the Director of Hearings, Public Utility 
Commission of Texas, 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 
78757. Further information may also be obtained by calling the Public Utility 
Commission Public Information Office at (512) 458-0256, or at (512) 458-0321, 
text telephone (TT). Please refer to Docket Number (insert assigned number)."
(3) Upon the approval of the public notice, the local exchange carrier shall 
publish the public notice in a conspicuous form and place in a newspaper having 
general circulation in each county containing territory affected by the proposed 
change one time each week for two consecutive weeks. Proof of publication in the 
form of publishers' affidavits shall be filed with the commission at least 65 
days before any designation is made pursuant to this section. Each affidavit 
shall state each county in which the newspaper is of general circulation.
(4)  Within five days of the filing of the application for pricing flexibility, 
the local exchange carrier shall file a certificate of service attesting that a 
copy of the application for pricing flexibility has been served upon the Office 
of Public Utility Counsel and upon all providers of products or services 
identified in subsection (i)(8)(F) of this section.
(k) Processing of an application for pricing flexibility filed by a local 
exchange carrier on its own motion. The provisions of this subsection apply only 
when the local exchange carrier files an application for pricing flexibility on 
its own motion. When an ILEC files an application for pricing flexibility as 
part of its participation in the docketed proceeding identified in subsection 
(g)(1) of this section, processing of the application for pricing flexibility 
will take place concurrently with the application for competitive exchange 
service as set forth in subsection (g) of this section.
(1) An application for pricing flexibility filed pursuant to subsection (i) of 
this section by a local exchange carrier on its own motion shall be docketed.
(2) Within five days of the filing of the application for pricing flexibility, 
the presiding examiner shall issue a protective order. Parties participating in 
discovery shall be bound by the terms of that protective order, unless and until 
modified by the presiding examiner or the commission.
(3)  Immediately upon filing of the application for pricing flexibility, the 
commission's general counsel, the Office of Public Utility Counsel, and any 
party that has filed a motion to intervene may file requests for information 
upon the applicant. Three copies of all answers to such requests for information 
shall be filed, and a copy shall be served upon the requesting party, the 
commission's general counsel, and the Office of Public Utility Counsel within 10 
days after receipt of such requests.
(4) The presiding examiner shall hold a prehearing conference to identify any 
contested issues.
(A) If no contested issues are raised at the prehearing conference, then within 
10 days of the prehearing conference the presiding examiner shall issue an order 
setting a procedural schedule that ensures that a final determination is made by 
the commission within 100 days of the filing of the application for pricing 
flexibility. The presiding examiner, upon a showing of good cause, may further 
extend the timeline, provided that the presiding examiner's order shall 
specifically identify the facts found to constitute good cause.
(B) If contested issues are raised at the prehearing conference, then within 10 
days of the prehearing conference the presiding examiner shall issue an order 
identifying the contested issues and setting a procedural schedule that ensures 
that a final determination is made by the commission within 180 days of the 
filing of the application for pricing flexibility. The presiding examiner, upon 
a showing of good cause, may further extend the timeline, provided that the 
presiding examiner's order shall specifically identify the facts found to 
constitute good cause.
(l)  Approval of applications for pricing flexibility.
(1) In recommending approval of a local exchange carrier application for pricing 
flexibility, other than the pricing flexibility described in subsection (i)(3) 
of this section, the presiding examiner shall, based on the evidence:
(A)  find that the service described pursuant to subsection (i)(8)(C) of this 
section is not basic local exchange service, including local measured service;
(B) find that the service for which pricing flexibility has been requested is 
not message telecommunications service, switched access service for 
interexchange carriers, or wide area telecommunications service if the requested 
pricing flexibility is customer-specific contracts or detariffing; and
(C)  find that the grant of pricing flexibility is in the public interest, based 
upon consideration of the following:
(i) the availability of substitutable services for the service that is the 
subject of the application for pricing flexibility;
(ii) the existence of any barrier to entry or exit that is significant with 
respect to either the service that is the subject of the application for pricing 
flexibility or the exchange(s) specified in that application;
(iii) whether there are mechanisms to minimize any potential for unreasonable 
discrimination against the local exchange carrier's competitors to the extent 
that any such discrimination has been identified in the record;
(iv) whether the ability of the local exchange carrier to flexibly price the 
service within the specified geographic area would have any significant impact 
on universal service;
(v)  whether the form of pricing flexibility requested is appropriate in light 
of the level and nature of competition within that part of the geographic area 
where the local exchange carrier will provide the service; and
(vi)  any other relevant matter identified in the record.
(2) Nothing in this section is intended to prevent the presiding examiner from 
modifying the application for pricing flexibility based on the record evidence 
and recommending that the commission approve the application as modified.
(m)  Applications for customer-specific contracts.
(1) Any local exchange carrier may apply to the commission for approval of 
customer-specific contracts for:
(A) central office based PBX-type services of 200 stations or more;
(B) billing and collection services;
(C)  high-speed private line services of 1.544 megabits or greater; and
(D)  services for which the commission has authorized the local exchange carrier 
to enter into customer-specific contracts pursuant to this section.
(2)  At least 10 days before any application for a customer-specific contract is 
filed, the local exchange carrier shall file a notice of intent with the 
commission and serve a copy of such notice upon the Office of Public Utility 
Counsel. The commission shall publish the notice of intent in the Texas Register 
<ol>. Such notice of intent shall:
(A) state the expected filing date;
(B) state the local exchange carrier's intent to use the provisions of this 
section;
(C) state whether the local exchange carrier will request interim approval 
pursuant to paragraph (5) of this subsection;
(D) include a brief description of the service; and
(E) identify the exchange(s) in which the service will be offered under the 
contract.
(3) The local exchange carrier shall file an application for a customer-specific 
contract at least 30 days before initiation of the service under the contract, 
unless interim approval is requested pursuant to paragraph (4) of this 
subsection. Unless determined otherwise by an opinion of the attorney general of 
Texas, and subject to the requirements of subparagraph (J) of this paragraph, 
the local exchange carrier may designate any customer-specific information 
contained in its application for a customer-specific contract as proprietary 
information pursuant to the Texas Open Records Act, Article 6252-17(a), sec.3 
and sec.4. The local exchange carrier's designation of information in its 
application as proprietary information is subject to review by the commission in 
any proceeding under subsection (n) of this section. Information designated by 
the local exchange carrier as proprietary information pursuant to this 
subsection shall be treated as such until a final unappealed order of the 
commission or a court of competent jurisdiction is issued, or until otherwise 
determined by an opinion of the attorney general of Texas. An application for a 
customer-specific contract shall:
(A) include a statement that the local exchange carrier intends to use the 
procedures described in this section;
(B) cite the authority pursuant to which the local exchange carrier has been 
granted the right to enter into a customer-specific contract;
(C) include functional and technical descriptions of the service for which the 
local exchange carrier is requesting that a customer-specific contract be 
approved, including:
(i) the functions that the service is intended to perform for the customer;
(ii)  the equipment used to provide the service (including, but not limited to, 
transmission facilities, switching facilities, customer equipment, software 
functions, and protocol);
(iii) the network configurations used to provide the service; and
(iv) schematics;
(D) identify the exchange(s) in which the local exchange carrier will provide 
the service and include a map or maps that can be coordinated with official 
commission boundary maps;
(E) specify the date on which the customer has requested initiation of the 
service;
(F) include a copy of the contract;
(G) include proof that the local exchange carrier's notice of intent has been 
filed with the commission and served upon the Office of Public Utility Counsel 
at least 10 days prior to the filing of the application for a customer-specific 
contract;
(H) include detailed documentation demonstrating that the rates, recurring and 
non-recurring, included in the customer-specific contract yield revenues that 
exceed 105% of the customer-specific recurring and non- recurring incremental 
costs, respectively; provided, however, that the local exchange carrier may be 
granted a waiver of the incremental cost standard in its application for a 
customer-specific contract if it demonstrates good cause for such waiver and 
demonstrates that the proposed rates exceed 105% of all relevant costs;
(I)  for those services specified in paragraph (1)(A)-(C) of this subsection, 
include an affidavit from the person or entity contracting for the service 
stating that such person or entity considered acquiring the same, equivalent, or 
substitutable service from a source other than the local exchange carrier; 
however, an additional affidavit from the person or entity contracting for the 
telecommunications service in situations involving additions, changes, or 
deletions to a contract which has been previously approved by this commission, 
is not required unless the request seeks to renew the contract or extend the 
contract period beyond what was initially approved by the commission;
(J)  include proposed tariffs which at a minimum include the customer name, the 
customer location(s), including city and street address(es), a description of 
the service, including identification of optional features, and the contract 
length; provided, however, that upon approval of such tariffs, only such 
information within such tariffs as would reveal the customer's identity and 
location may be designated as proprietary information pursuant to the Texas Open 
Records Act, Article 6252-17(a), sec.3 and sec.4, unless determined otherwise by 
an opinion of the attorney general of Texas; and
(K) include any other information that the local exchange carrier wants 
considered in connection with the administrative review of the application for a 
customer-specific contract.
(4) A local exchange carrier may request interim approval of a customer-specific 
contract for services other than those specified in paragraph (1)(A)-(C) of this 
subsection. A local exchange carrier requesting interim approval shall file the 
application for a customer-specific contract as set forth in paragraph (3) of 
this subsection, except that interim approval may be granted less than 30 days 
before initiation of the service but not sooner than 10 working days after the 
filing of the application. The application for a customer-specific contract 
shall clearly indicate that the local exchange carrier is requesting interim 
approval of the contract and that the service is eligible for such treatment 
under this section. Immediately upon filing such application for a customer-
specific contract, the local exchange carrier shall deliver to the commission 
staff, the commission's general counsel, the commission's director of hearings, 
and the Office of Public Utility Counsel a file-stamped copy of the application 
for a customer-specific contract. The request for interim approval shall be 
reviewed administratively as set forth in an order to be issued by the presiding 
examiner. The presiding examiner shall grant the request for interim approval 
within 10 working days of the filing of the application for a customer-specific 
contract, unless the presiding examiner determines that the commission's general 
counsel, the Office of Public Utility Counsel, or any interested person has 
demonstrated good cause to deny the request for interim approval or unless the 
presiding examiner determines that the application for a customer-specific 
contract is insufficient. Nothing in this paragraph shall be deemed to supersede 
the procedures and timelines set forth in subsection (n) of this section, 
relating to the approval of customer-specific contracts.
(n) Approval process for applications for customer-specific contracts. An 
application for a customer-specific contract considered under this section shall 
be reviewed administratively as set forth in an order to be issued by the 
presiding examiner unless the presiding examiner, for good cause, determines at 
any point during the review that the application for a customer-specific 
contract should be docketed.
(1) The effective date of the proposed tariff shall be the later of 30 days 
after notice is completed or 30 days after the filing of a sufficient 
application for a customer-specific contract, as determined by the presiding 
examiner.
(2) The effective date of the proposed tariff may be suspended for an additional 
35 days.
(3) The presiding examiner shall examine the application for a customer-specific 
contract filed under subsection (m) of this section for sufficiency. If the 
presiding examiner concludes that material deficiencies exist in the application 
for a customer-specific contract, the applicant shall be notified of any 
specific deficiency in its application for a customer-specific contract within 
10 working days of the filing of such application.
(4) After a sufficient application for a customer-specific contract has been 
filed, the presiding examiner shall conduct an administrative review to 
determine whether the local exchange carrier's application for a customer-
specific contract meets the requirements set forth in subparagraphs (A) -(I) of 
this paragraph. The presiding examiner may approve the application for a 
customer-specific contract only if it meets all of the requirements set forth in 
subparagraphs (A)-(I) of this paragraph. If the presiding examiner finds that 
the application for a customer-specific contract does not satisfy one or more of 
these requirements, the presiding examiner shall deny such application or, upon 
prior request of the local exchange carrier, docket such application.
(A) The contracted service is a service for which the commission has authorized 
the use of customer-specific contracts pursuant to this section or is a service 
specified in subsection (m)(1)(A)-(C) of this section.
(B)  The proposed rates, recurring and nonrecurring, for the customer-specific 
contract authorized pursuant to this section or the Act, sec.18(e)(3)(B) yield 
revenues that exceed 105% of the customer-specific recurring and nonrecurring 
incremental costs, respectively, of the service.
(C) An affidavit from the person or entity contracting for the service stating 
that such person or entity considered acquiring the same, equivalent, or 
substitutable service from a source other than the regulated local exchange 
carrier is of record unless, pursuant to subsection (m)(3)(I) of this section, 
no affidavit is required.
(D) Notice was provided as required by this section.
(E) The specific contract terms are not unreasonably preferential, prejudicial, 
or discriminatory.
(F) The rates and terms of the contract are such that the contracted service 
will not be subsidized directly or indirectly by regulated monopoly services.
(G) The specific terms of the contract are not predatory or anticompetitive.
(H) The contracted service does not include basic local exchange service, 
including local measured service, nor does it include message telecommunications 
service, switched access service for interexchange carriers, or wide area 
telecommunications service.
(I)  Approval of the contract is consistent with the public interest in a 
technologically advanced telecommunications system.
(o) Reporting requirements-local exchange carriers.
(1) The local exchange carrier shall prepare a report tracking the relationship 
between the annual revenues, earned on a Texas intrastate and Texas interstate 
basis, and annual costs, incurred on a Texas intrastate and Texas interstate 
basis, that are associated with the provision of each service for which pricing 
flexibility has been authorized pursuant to this section or pursuant to the Act, 
sec.18(e)(3)(B). The purpose of this report is to demonstrate that there is no 
direct or indirect cross subsidization of any service for which the commission 
or the Act, sec.18(e) (3)(B) has authorized pricing flexibility. This report 
shall be filed any time an earnings monitoring report is filed pursuant to 
sec.23.12(b)(2) of this title (relating to Financial Records and Reports), and 
shall also be filed any time a rate filing package is submitted in any 
proceeding filed pursuant to the Act, sec.42 or sec.43(a), and any time a 
revenue sharing report is filed with the commission.
(2) The response shall document the annual revenues, earned on a Texas 
intrastate and Texas interstate basis, and annual costs, incurred on a Texas 
intrastate and Texas interstate basis, associated with the provision of each 
service for which pricing flexibility has been authorized. The report shall 
include the items listed in subparagraphs (A)-(D) of this paragraph.
(A)  Annual revenues earned from the provision of each service for which pricing 
flexibility has been authorized.
(B) Identification and quantification of direct annual costs associated with 
each service for which pricing flexibility has been authorized.
(C) Identification and quantification of any costs not directly assignable in an 
incremental cost study analysis, but associated with the provision of each 
service for which pricing flexibility has been authorized, including, but not 
limited to, administrative sales, advertising, marketing, and costs expended in 
bids that are lost.
(D)  Identification and quantification of any factor that may not be defined as 
a direct cost of providing each service for which pricing flexibility has been 
authorized, but that is a component of the calculation of a local exchange 
carrier's revenue requirement.
(3) Concurrently with the reports required to be filed by paragraph (1) of this 
subsection, each local exchange carrier shall file reports that quantify the 
number of voice grade equivalent circuits that the local exchange carrier 
provides pursuant to its private line, special access, and switched access 
services tariffs. The number of circuits shall be compiled separately on an 
intra- and interstate basis. Each local exchange carrier shall also file reports 
to identify separately on an intra- and interstate basis the number of its 
switched access customers that migrate to its special access services.
(p) Reporting requirements-telecommunications utilities other than local 
exchange carriers. All telecommunications utilities, other than local exchange 
carriers, providing services designated as competitive exchange services 
pursuant to this section, or those services described in sec.23.61(a)(17)(A)-(D) 
of this title (relating to Telephone Utilities), are subject to the requirements 
contained in the Act and the commission's rules governing nondominant 
telecommunications utilities. In addition to any reporting requirements 
contained elsewhere in this title, telecommunications utilities, other than 
local exchange carriers, providing competitive exchange services pursuant to 
this section or those services described in sec.23.61(a)(17)(A)-(D) shall comply 
with the reporting requirements set forth in this subsection.
(1) Telecommunications utilities, other than local exchange carriers, providing 
services designated as competitive exchange services pursuant to this section or 
those services described in sec.23. 61(a)(17)(B) shall file semi-annually a 
report containing the information described in subparagraphs (A)-(I) of this 
paragraph:
(A) a description of the geographic area(s) served by the telecommunications 
utility in the State of Texas identifying specifically any political subdivision 
within the area(s) in which the telecommunications utility would provide service 
in response to a request for such service;
(B) the total route miles and circuit miles of fiber optic cable and total route 
miles and circuit miles of cable other than fiber optic cable in operation as 
part of the telecommunications utility's network in Texas, regardless of whether 
such cable is owned or leased by the telecommunications utility or by another 
entity, but not including resold capacity on another telecommunications 
utility's network;
(C) the total number of radio circuits operated as part of the 
telecommunications utility's network in Texas, including the points of 
origination and termination and the bandwidth of each circuit, regardless of 
whether any such circuit is licensed to the telecommunications utility or to 
another entity, but not including resold capacity on another telecommunications 
utility's network;
(D) a specific description of each service designated as a competitive exchange 
service pursuant to this section and each service identified in 
sec.23.61(a)(17)(B) that is offered by the telecommunications utility, including 
the technical and functional characteristics of each service, the name(s) under 
which each service is marketed, and the geographic area in which each service is 
offered;
(E)  a citation of the authority pursuant to which the telecommunications 
utility offers each service;
(F) copies of all schedules or lists of recurring or nonrecurring rates for each 
service described pursuant to subparagraph (D) of this paragraph;
(G) the total number of customers billed and the total revenues earned, 
identified separately on an intra- and interstate basis, by the 
telecommunications utility for each service listed pursuant to subparagraph (D) 
of this paragraph.
(H) the number of complaints made by customers in Texas to the 
telecommunications utility relating to its provision of the services described 
pursuant to subparagraph (D) of this paragraph during the preceding reporting 
period. The telecommunications utility shall report all oral and written 
complaints that it receives. The report shall identify the nature of each 
complaint and the disposition thereof. The telecommunications utility shall 
provide the name, business address, and telephone number of each officer, 
employee, or agent who is ultimately responsible for responding to customer 
complaints;
(I) the number of separate buildings served in each geographic area that is 
served by the telecommunications utility;
(J)  any reports filed with the Federal Communications Commission in the 
preceding reporting period.
(2) As an appendix to the semi-annual report specified in paragraph (1) of this 
subsection, the telecommunications utility shall file a list of all arrangements 
under which any service designated as a competitive exchange service pursuant to 
this section or described in sec.23.61(a)(17)(B) is provided to customers in 
Texas other than pursuant to a generally applicable price schedule, including 
for each such arrangement the type of service provided, the type of pricing and 
service arrangement, the duration of the arrangement, and the price(s) charged 
to the customer, including any non-recurring charges. Unless determined 
otherwise by an opinion of the attorney general of Texas, all information filed 
pursuant to this paragraph may be designated as proprietary information pursuant 
to the Texas Open Records Act, Article 6252-17(a), sec.3 and sec.4.
(3) The reports required by paragraphs (1) and (2) of this subsection shall be 
filed not later than 45 days following the close of the semi-annual period to 
which they apply. Any information that is unchanged since the previous report 
may be incorporated by reference to the previous report, and need not be 
restated.
(q)  Consolidation of applications for competitive exchange service. The 
commission may consolidate applications filed pursuant to subsection (d) of this 
section when deemed appropriate.
(r) Transitional provisions. Telecommunications utilities providing services to 
customers on the effective date of this section that would otherwise be 
prohibited by subsection (c) of this section shall file with the commission an 
application for competitive exchange service for each such service within 60 
days of the effective date of this section. Nothing in this section is intended 
to require the cessation of the provision of these services pending a final 
commission determination. The provisions of this section regarding a local 
exchange carrier's application for pricing flexibility shall apply only to 
applications filed after the effective date of this section.
(s) Subsequent review. The commission may review, modify, or revoke upon notice 
and hearing its determination of a service as a competitive exchange service.
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 16, 1991.
TRD-9112844
Mary Ross McDonald
Secretary
Public Utility Commission of Texas
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 458-0100
       
Quality of Service.
16 TAC sec.23.61
The Public Utility Commission of Texas proposes an amendment to sec.23.61, 
concerning telephone utilities. The amendment revises the definitions of 
exchange, local exchange service, and private line, and deletes the definition 
of exchange service area. Other definitions have been renumbered or slightly 
modified to reflect these revisions.
Susan M. Hafeli, assistant general counsel, has determined that for the first 
five-year period that the section is in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the section.
Ms. Hafeli also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be the protection of the public interest while allowing competition 
in the provision of intraexchange telecommunications services. There will be no 
effect on small businesses as a result of enforcing this section. The economic 
cost to utilities required to comply with the proposed section is expected to be 
approximately equivalent to that economic cost associated with proceeding under 
the current definitions. It is anticipated that public comments will provide 
estimates of the costs, if any, of compliance.
Susan M. Hafeli also has determined that for each 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 this section.
Comments on the proposal (13 copies) may be submitted to Mary Ross McDonald, 
Secretary, Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, 
Austin, Texas 78757, within 30 days after publication. Comments should refer to 
Project Number 9708.
In addition, the Public Utility Commission of Texas solicits comments on whether 
to replace the word "exchange" with the word "LATA" in the text of the new 
sec.23.61(a)(17), except when "exchange" modifies service (e.g., "local exchange 
service" or "competitive exchange service").
The amendment is proposed under Texas Civil Statutes, Article 1446c, sec.16, 
which provide the Public Utility Commission of Texas with the authority to make 
and to enforce rules reasonably required in the exercise of its powers and 
jurisdiction, and sec.18, which provides that the public interest requires that 
new rules, policies, and principles be formulated and applied to protect the 
public interest and to provide equal opportunity to all telecommunications 
utilities in a competitive marketplace.
sec.23.61. Telephone Utilities.
(a) Definitions. The following words and terms, when used in these sections, 
shall have the following meanings, unless the context clearly indicates 
otherwise.
(1) Base rate area-A specific area within an exchange [service area] as set 
forth in the local exchange carriers' tariffs, maps, or descriptions. Local 
exchange service within this area is furnished at uniform rates without extra 
mileage charges.
(2) -(9) (No change.)
(10) Dominant carrier.
(A) (No change.)
(B) Any provider of local exchange telephone service within a certificated 
exchange [area] as to such service.
(11)  Exchange-<nl>The geographic territory delineated as an exchange by 
official commission boundary maps. An exchange usually embraces a city or town 
and its environs. There is usually a uniform set of charges for telephone 
service within the exchange. An exchange may be served by more than one central 
office.<ol> [A unit established by a local exchange carrier for the 
administration of telecommunications service in a specified area for which a 
separate local rate schedule is provided. It may consist of one or more central 
offices together with associated plant facilities used in furnishing 
telecommunications services in that area.]
[(12) Exchange service area-The geographical territory served by an exchange, 
usually embracing a city, town, or village and its environs.]
<nl>(12)<ol>[(13)] Grade of service-The number of parties served on a telephone 
circuit such as individual or multiparty line.
<nl>(13) <ol>[(14)] Intercept service-A service arrangement provided by the 
local exchange carrier whereby calls placed to a disconnected or discontinued 
telephone number are intercepted and the calling party is informed by an 
operator or by a recording that the called telephone number has been 
disconnected, or discontinued, or changed to another number, or that calls are 
being received by another telephone, etc.
<nl>(14)<ol>[(15)] Line-A circuit or channel extending from a central office to 
the customer's location to provide local exchange service. One line may serve 
one individual line customer, or all customers served by a multiparty line.
<nl>(15)<ol>[(16)] Local calling area-The area within which telecommunications 
service is furnished customers under a specific schedule of exchange rates. A 
local calling area may include [one or] more <nl>than one<ol> exchange [service 
areas].
<nl>(16)<ol>[(17)] Local exchange carrier-A telecommunications utility which 
provides local exchange service.
<nl>(17)<ol>[(18)] Local exchange service-<nl>Telecommunications services 
provided within an exchange. Local exchange service includes the use of 
facilities to establish connections between customer premises within the 
exchange or the use of facilities to establish connections between customer 
premises and the long distance facilities serving the exchange. Utilities 
subject to sec.23.25 of this title (relating to Long Distance Rates and 
noncertificated telecommunications utilities shall not be deemed to be providing 
local exchange service with respect to the provision of the services described 
in subparagraphs (A)-(D) of this paragraph. but shall be subject to the 
reporting requirements specified in sec.23.27(p) of this title (relating to 
Competitive Exchange Services and Pricing Flexibility). Additionally, a utility 
subject to sec.23.25 or a noncertificated telecommunications utility shall not 
be deemed to be providing local exchange service with respect to a service for 
which the utility providing the service has obtained designation as a 
competitive exchange service pursuant to sec.23.27:
<nl>(A) billing and collection services;
<nl>(B) non-switched private line services of 1.544 megabits or greater or any 
component of such private line services, that establish connections between 
customer premises between customer premises and long distance facilities, or 
between the facilities of telecommunications utilities. The long distance 
facilities or the facilities of telecommunications utilities may utilize 
switching in the provision of interexchange services;
<nl>(C) services that originate and terminate messages by using intrastate 
Feature Group A, B, C, or D access services special access services provided by 
local exchange carriers or special access services provided by 
telecommunications utilities other than local exchange carriers pursuant to 
sec.23.27;
<nl>(D) shared tenant services provided pursuant to commission-approved local 
exchange carrier tariffs. [Telecommunications service provided within service 
areas in accordance with the local exchange tariffs. It includes the use of 
exchange facilities required to establish connections between customer access 
lines within the exchange and between customer access lines and the long 
distance facilities serving the exchange. Local exchange service does not 
include use or provision of pay telephones registered under 47 Code of Federal 
Regulations, Part 68.]
<nl>(18)<ol>[(19)] Local message -A completed call between customer access lines 
located within the same local calling area.
<nl>(19)<ol>[(20)] Local message charge-The charge that applies for a completed 
telephone call that is made when the calling customer access line and the 
customer access line to which the connection is established are both within the 
same local calling area, and a local message charge is applicable.
<nl>(20)<ol>[(21)] Local service charge-The charge for furnishing facilities to 
enable a customer to send or receive telecommunications within the local service 
area. This local service calling area may include [one or] more <nl>than one<ol> 
exchange [service areas].
<nl>(21)<ol>[(22)] Long distance telecommunications service-That part of the 
total communication service rendered by a telecommunications utility which is 
furnished between customers in different local service areas in accordance with 
the rates and regulations specified in the utility's tariff.
<nl>(22)<ol>[(23)] Message-A completed customer telephone call.
<nl>(23)<ol>[(24)] Message rate service-A form of exchange service under which 
all originated local messages are measured and charged for in accordance with 
the tariff.
<nl>(24)<ol>[(25)] Nondominant carrier-Specialized communications common 
carriers, resellers of communications, and other communications carriers who 
convey, transmit, or receive communications in whole or in part over a telephone 
system who are not dominant carriers.
<nl>(25)<ol>[(26)] Out-of-service trouble report-An initial customer trouble 
report in which there is complete interruption of incoming or outgoing local 
exchange service. On multiple line services, a failure of one central office 
line or a failure in common equipment affecting all lines is considered out of 
service. If an extension line failure does not result in the complete inability 
to receive or initiate calls, the report is not considered to be out of service.
<nl>(26)<ol>[(27)] Primary service -The initial provision of voice grade access 
between the customer's premises and the switched telecommunications network. 
This includes the initial connection to a new customer or the move of an 
existing customer to a new premises. This does not include: complex services or 
auxiliary items such as gongs or buzzers; on-premises stations or wiring beyond 
the subscriber interface or, if no interface, beyond the first jack; or added 
main local exchange lines to premises already having service.
<nl>(27)<ol>[(28)] Private line -<nl>A nonswitched point-to-point, point-to-
multipoint, or multipoint-to-point circuit specifically dedicated to a user<ol> 
[A circuit provided to furnish communication only between the two or more 
telephones or other terminal devices directly connected to it, and not having 
direct connection with either central office or PBX switching apparatus].
<nl>(28)<ol>[(29)] Public telephone service-An individual line customer service 
equipped with a coin collecting or coinless public telephone instrument 
installed for use of the general public in locations where the general public 
has access to these telephones.
<nl>(29)<ol>[(30)] Regrade-An application for a different grade of service.
<nl>(30)<ol>[(31)] Repeated trouble report-A customer trouble report regarding a 
specific line or circuit occurring within 30 days or one calendar month of a 
previously cleared trouble report on the same line or circuit.
<nl>(31)<ol>[(32)] Service line -those facilities owned and maintained by a 
customer or group of customers, which lines are connected with the facilities of 
a telecommunications utility for communication service.
<nl>(32)<ol>[(33)] Station-A telephone instrument or other terminal device.
<nl>(33)<ol>[(34)] Telecommunications utility-Dominant carriers and nondominant 
carriers.
<nl>(34)<ol>[(35)] Trunk-A circuit facility connecting two central offices.
<nl>(35)<ol>[(36)] Toll station -A telephone connected to a toll line or 
directly to a toll board.
(b)-(l) (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 16, 1991.
TRD-9112835
Mary Ross McDonald
Secretary
Public Utility Commission of Texas
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 458-0100
       
Part III. Texas Alcoholic Beverage Commission
Chapter 55. Bingo Regulation
Bingo Regulation and Tax
16 TAC sec.55.545
The Texas Alcoholic Beverage Commission proposes an amendment to sec.55.545, 
concerning licenses, fees, and bonds for conduct of bingo and commercial lessor. 
The amendment adds subsection (b)(4) to specify bond requirements for applicants 
for a commercial lessor's license.
The amendment is proposed to implement the imposition of the bingo rental tax by 
Texas Civil Statutes, Article 179d, Bingo Enabling Act, sec.2B, as added by the 
72nd Legislature, First Called Session, 1991, House Bill 11.
Frank Coniglio, supervisor in the Bingo Division of the Commission, has 
determined that for the first five year period the proposed section of this rule 
will have no significant fiscal impact on the state or other units of 
government.
Mr. Coniglio 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 allowing the Commission to enforce added or amended sections of 
the Bingo Enabling Act. There will be no effect on small businesses. There is no 
anticipated economic cost to persons required to comply with the section as 
proposed.
Senior staff members of the Commission will conduct a hearing on this rule on 
November 18, 1991, at 9 a.m., at 5806 Mesa Drive, Austin, Texas, 78731.
Comments on the proposal may be submitted to Robert Howelton, Director, Bingo 
Division, P. O. Box 13127, Austin, Texas, 78711. The telephone number is (512) 
465-4924.
The amendment is proposed under Texas Civil Statutes, Article 179d, sec.16(a) , 
which provide the commission with the authority to adopt rules for the 
enforcement and administration of the Bingo Enabling Act.
sec.55.545. Licenses, Fees, and Bonds for Conduct of Bingo and Commercial 
Lessor.
(a) (No change.)
(b) Commercial license to lease bingo premises.
(1) Application. Any commercial lessor who desires to lease premises, as that 
term is defined in sec.55.544 of this title (relating to Definitions), in a 
legalized area in Texas to a licensed organization for the purpose of conducting 
bingo must apply to the commission for a commercial lessor's license. The 
application must be made on a form prepared by the commission and must contain 
all the information required by that form.
(2) Fee. An application for a license to lease bingo premises must be 
accompanied by a license fee which is based upon the annual gross rentals from 
licensed organizations. For the purpose of this rule "gross rentals from 
licensed organizations" means the total receipts, regardless of how they are 
denominated, from the licensed organizations, including, but not limited to, 
building rental, payments for utilities, fixtures, security services, etc. The 
fee that must accompany the application must be made in accordance with the 
Bingo Enabling Act, sec.13, Texas Civil Statutes, Article 179d:
(3) License.
(A) A license to lease bingo premises expires one calendar year from the date of 
issuance.
(B) Each location, as that term is defined in sec.55. 544 must be separately 
licensed. A commercial lessor, however, may lease the same location under the 
same license to more than one licensed organization. A commercial lessor who 
wants to lease more than one location must file a separate application and pay a 
separate fee for each location.
(C) Except as required by the Bingo Enabling Act,  s13(n)(1) and (2), Texas 
Civil Statutes, Article 179d, the Commission may not issue more than one license 
to lease bingo premises for any one location, as that term is defined in  
s55.544.
(D)  A commercial lessor seeking to renew or amend its license for a different 
location on grounds that the premises leased have become unavailable due to 
reasons beyond the commercial lessor's control shall file with the commission a 
written application stating in detail the circumstances rendering the premises 
unavailable together with all available documentation of the fact. If physical 
damage to the leased premises is claimed as the reason the premises are no 
longer available, the application shall:
(I) state when the damage occurred and the cause of the damage;
(II) specify the areas of the building damaged, the nature and extent of the 
damage;
(III) state who has responsibility for repairing the premises and include 
documentation; and
(IV) state whether the damage has been reported to an insurance company, and, if 
so, provide the name and address of the insurance company and the name and 
telephone number of the contact person representing the insurance company in 
regard to adjustment of the loss. A copy of the report to the insurance company, 
and a copy of any written assessment of the loss by the insurance company, shall 
be provided, if possible. If the loss or damage was reported to a local fire 
department, police department or other local authorities, the date of said 
report shall be given, as well as a copy of any written report to or by said 
authority with respect to the loss.
(E) A commercial lessor may not, in any event, renew its license for any 
location outside the boundaries of the county where the licensed premises were 
located on June 10, 1989.
(F)  When more organizations apply to play bingo on premises of a commercial 
lessor than can be licensed for the location, the Commission will process only 
the number of applications for which there are openings with the commercial 
lessor, taking the applications in the order in which they are received. 
Additional applications over and beyond the number that may be licensed for the 
commercial lessor's premises will not be processed until there is an opening 
with the commercial lessor and no other application pending for the opening.
(4) Bond or other security. Each application for an annual license to lease 
bingo Premises must be accompanied by a bond or security equal to the 
applicant's estimated quarterly tax liability. No new bond will be required upon 
renewal if the licensee would be eligible to have an existing bond released 
under subparagraph (D) of this paraqraph. If a bond or other form of security is 
required no license will be issued until such bond or other security has been 
posted.
(A) Type of bond. Only the following types of bonds are acceptable:
(i) cash (personal checks payable to the State Treasurer are acceptable);
(ii) irrevocable assignments (executed on forms approved by the commission) of 
certificates of deposit or savings accounts in banks savings and loan 
institutions, or credit unions whose deposits are insured by an aqency of the 
United States Government;
(iii)  United States Treasury bonds of a type that are readily convertible to 
cash: or
(iv) a surety bond executed on a form approved by the commission and issued by a 
surety company chartered or authorized to do business in the State of Texas. The 
bond will constitute a new and separate obligation in the penal sum shown for 
each calendar year or a portion of a year while the bond is in force. The bond 
must be executed by an attorney-in-fact appointed by the surety. The appointing 
instrument must be properly notarized and physically attached to the bond.
(B) New bond or changes in amount. If a surety company notifies the commission 
in writing that it has withdrawn as surety on a bond issued on behalf of a 
licensee as security for bingo rental tax liability, the commission will notify 
the licensee that it must post a new bond to maintain its license. The 
commission may increase the amount required to be posted as a bond whenever the 
bond already posted does not cover the licensee's average quarterly tax 
liability or if, in the commission's opinion, the amount of bond or other 
security is not sufficient to protect against failure to pay the amount which 
may become due. The commission may also reduce the amount of bond already 
posted, either on its own determination or at the request of the licensee. In 
determining whether to require the furnishinq of additional bond or other 
security by a licensee or to reduce the amount already posted the commission 
will consider payment history, general financial condition or other factors 
which indicate the risks involved in insuring the payment of applicable taxes.
(C) Forfeiture. If a licensee pays less than the amount of bingo rental tax due 
under the Act, the commission will notify both the licensee and any surety of 
the delinquency by jeopardy or deficiency determination. If payment is not made 
by the demand date stated in the notice, the commission will forfeit the bond or 
security or any part of the bond or security necessary to pay the proper amount 
of tax. Failure to pay any delinquency when due is grounds for suspension or 
revocation of the licensed commercial lessor's right to lease bingo premises.
(D) Release. If the licensee ceases to lease bingo premises and relinquishes its 
license or if the license is revoked by the Commission for any reason, the 
commission will release any bond or security on its determination that no 
amounts of tax, penalty or interest remain due and payable under the Act. If the 
licensee has filed all required returns, has no outstanding amounts of tax, 
penalty, or interest due and payable under the Act and has completed seven 
consecutive quarters without a deficiency determination becoming final the bond 
or security will be released at the time the licensee next renews its license.
(E) Reinstatement. If a deficiency determination becomes final for a licensee 
who has had its bond released or for whom a bond was not required. a new bond 
will be required at the time the licensee next renews its license.
(c)-(m) (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 16, 1991.
TRD-9112888
Joe Darnall
General Counsel
Texas Alcoholic Beverage Commission
Proposed date of adoption: November 25, 1991
For further information, please call: (512) 465-4904
       
16 TAC sec.55.547
The Texas Alcoholic Beverage Commission proposes an amendment to sec.55.547, 
concerning books and records-bingo licensees. The amendment amends subsection 
(a) and (b), and adds subsection (e) to require keeping of rental records by 
commercial lessors and to require authorized organizations to keep records on 
prize fees.
The amendment is proposed to implement Texas Civil Statutes, Article 179d, Bingo 
Enabling Act, sec.sec.2B, 19B, and 20, as added or amended by the 72nd 
Legislature, First Called Session, 1991, House Bill 11.
Frank Coniglio, supervisor in the Bingo Division of the Commission, has 
determined that for the first five year period the proposed section of this rule 
will have no significant fiscal impact on the state or other units of 
government.
Mr. Coniglio 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 allowing the Commission to enforce added or amended sections of 
the Bingo Enabling Act. 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.
Senior staff members of the Commission will conduct a hearing on this rule on 
November 18, 1991, at 9 a.m., at 5806 Mesa Drive, Austin, Texas, 78731.
Comments on the proposal may be submitted to Robert Howelton, Director, Bingo 
Division, P. O. Box 13127, Austin, Texas, 78711. The telephone number is (512) 
465-4924.
This amendment is proposed under Texas Civil Statutes, Article 179d, sec.16(a), 
which provide the Commission with the authority to adopt rules for the 
enforcement and administration of the Bingo Enabling Act.
sec.55.547. Books and Records-Bingo Licensees.
(a) This rule sets minimum standards for record keeping for licensees that 
conduct bingo <nl>or, where specified, that lease bingo premises<ol>. Where the 
Texas Alcoholic Beverage Commission (commission) provides forms for record 
keeping, licensees may use those forms or forms of their own choosing which 
contain the same information, except as otherwise provided in paragraph (1)(D) 
of this subsection.
(1) Cash receipt records. The records required to document cash receipts consist 
of the following.
(A) Daily cash report. This report must be prepared after each bingo occasion. 
The report must contain the following information:
(i) name of licensee;
(ii) date of bingo occasion;
(iii) attendance;
(iv) gross receipts. Total amounts must be listed for each separate type of fee 
or charge. For example, the sale of reusable hard bingo cards, the sale of 
disposable bingo cards (throw-always or paper strips), and admission charges 
must be accounted for as separate sub-items of gross receipts;
(v) cash prizes. Merchandise prizes or prizes paid by check must be listed as a 
zero on this report;
(vi) net receipts. This figure is the difference between gross receipts and cash 
prizes. The only allowable adjustments between net receipts and the amount of 
the bank deposit would be changes in the amount of petty cash fund and any cash 
overages or shortages;
(vii) cash overages and shortages;
<nl>(viii)<nl> prize fees withheld:
<nl>(ix)<ol>[viii] petty cash fund. A petty cash fund not to exceed $2,500 may 
be used at each bingo occasion;
<nl>(x)<ol>[ix]  <ol> net bank deposit.
(B) Bingo bank account. A licensed <nl>authorized <ol> organization must 
establish and maintain one regular checking account designated the bingo account 
and may also maintain an interest-bearing savings account designated the bingo 
savings account, as provided in the Bingo Enabling Act, Texas Civil Statutes, 
Article 179d,  s19a(a) . A licensed organization may have on its bingo account's 
signature card only active members of the organization except that one 
bookkeeper or accountant who is not a member may be on the signature card. At 
least one active member of the licensed organization must be on the signature 
card. A licensed organization must keep validated deposit slips. Any interest 
income earned from the bingo savings account must be accounted for as part of 
the net proceeds available for charitable distribution.  <nl>Prize fees 
collected at a bingo occasion shall be deposited in the bingo checking account 
with the proceeds from that occasion.
(C) Sales journal. A sales journal listing the total amounts in each category 
from the daily cash reports must be totaled on a quarterly basis.
(D) Documenting daily receipts. A licensed organization shall substantiate the 
contents of these cash receipt records by use of a Disposable Card Sales Summary 
on a form prescribed by the commission and the use of a cash register. In using 
a cash register, the following directions apply.
(i)  The cash register must have a non-resettable four-digit transaction 
numbering mechanism. Any cash register used would be able to retain its 
transaction count between uses, whether or not its power source is interrupted 
for short periods of time.
(ii) Various types of sales must each be recorded with a separate key. Income 
from various types of sales must be separately recorded and the cash register 
must be able to provide a total for each type of sale recorded. The total of 
floor sales for each type of sale must be recorded at the conclusion of the 
organization's sales for the occasion.
(iii) If the cash register is used for purposes other than bingo sales, then the 
non-bingo transactions, such as dauber or glue-stick or concession, sales must 
be rung up on a separate key.
(2) Cash disbursement records. The records to document cash disbursements 
consist of the following:
(A) bingo bank account. Funds from the bingo account must be withdrawn by checks 
or withdrawal slips as provided in the Bingo Enabling Act, Texas Civil Statutes, 
Article 179d,  s19a(b);
(B) cash disbursements journal. Each check issued by the licensee must be 
recorded in a cash disbursements journal, which would contain information 
required by the Bingo Enabling Act, Texas Civil Statutes, Article 179d, 
sec.23(a)(2), (3), (5);
(C) paid invoice file. Each licensee shall maintain a permanent file of paid 
invoices, contracts, or other papers necessary to prove the disbursement of 
funds for bingo expenses or charitable contributions;
(D) daily schedule of prizes. Each licensee shall maintain a list for each bingo 
occasion of the total prizes awarded for each game, their value, [and] the 
number of winners, <nl>and prize fees withheld,<ol> as required by the Bingo 
Enabling Act, Texas Civil Statutes, Article 179d,  s23(a) an (b), <nl>and 
sec.19b. In determining the fee to be collected from each winner, the authorized 
organization shall round off to the nearest whole cent. One-half cent shall be 
rounded off to the next highest whole cent. For each deal or series of instant 
bingo cards in play the list shall include the series number, the total value of 
Prizes awarded and the prize fees withheld.
(b) Records retention. Records of the <nl>commercial lessors and authorized<ol> 
organizations must be maintained for at least four years.
(c) Restrictions on the sales of ups pads. Disposable cards of different colors 
and series numbers may be sold in specially collated pads known as ups. Ups pads 
must be sold as units. They may not be broken and sold as partial pads or 
individual sheets. They may not be sold from the floor.
(d) Loans to the bingo account.
(1) A licensed authorized organization or an organization applying for a license 
to conduct bingo may loan money to its bingo account from its general fund if:
(A) a request is filed with the commission which states:
(i)  the amount of the loan;
(ii) the purpose of the loan; and
(iii) a repayment schedule for the loan which is 12 months or less; and
(B) the commission approves the loan. Prior to approval the commission must find 
that:
(i) the loan is necessary; and
(ii) the repayment schedule is reasonable.
(2) The commission may consider the organization's financial condition as 
reflected in all available information including past quarterly reports prior to 
the approval of the loan request.
(3) The loan transaction must be reported on the quarterly reports as follows:
(A) loan proceeds must be reported as interest earned for the quarter in which 
they are received; and
(B) loan payments must be reported as expenses for the quarter in which they are 
paid.
(4) Failure to repay the loan, with proceeds from the bingo account, pursuant to 
the repayment schedule is a violation of this rule and may result in suspension, 
revocation, or denial of the renewal of an organization's license to conduct 
bingo.
(5) The records to document loans from the general fund must show:
(A) the date and amount of the loan; and
(B) the dates and amounts of all loan payments.
(e) Commercial lessors licensed to conduct bingo.
(1) This subsection applies to authorized charitable organizations which are 
licensed to conduct bingo and are also licensed to lease their premises to other 
organizations conducting bingo.
(2) An organization to which this subsection applies shall deposit in its bingo 
checking account all rental payments from authorized organizations conducting 
bingo at the location of the lessor under a temporary license, an annual 
license, or temporary authorization to conduct bingo. A rental payment must be 
deposited in the bingo checking account not later than the end of the next 
business day after it is received.
(3) Rental payments required by this subsection to be deposited in the bingo 
bank account are not part of gross receipts for purposes of the bingo gross 
receipts tax. Such rental payments are not considered in computing adjusted 
gross receipts under sec.55.555 of this title (relating to Minimum Charitable 
Distribution). Distributions for charitable purposes of such funds from the 
bingo checking account will be considered as part of the disbursements toward 
meeting that minimum charitable distribution requirement under sec.55.555 of 
this title (relating to Minimum Charitable Distribution).
<nl>(f) All commercial lessors.
<nl>(1) This subsection applies to all licensed commercial lessors.
<nl>(2) A licensed commercial lessor must maintain a receipts journal to record 
its rental receipts. The following information must be shown concerning each 
rental payment received:
<nl>(A) name of the payor;
<nl>(B) check number;
<nl>(C) date received;
<nl>(D) date deposited;
<nl>(E)  amount received;
<nl>(F) dates of occasions covered by the payment; and
<nl>(G) purpose of payment.
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 16, 1991.
TRD-9112887
Joe Darnall
General Counsel
Texas Alcoholic Beverage Commission
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 465-4904
       
16 TAC sec.55.548
The Texas Alcoholic Beverage Commission proposes an amendment to sec.55.548, 
concerning general restrictions on the conduct of bingo. The amendment amends 
subsection (c) (1) to provide that a licensed commercial lessor that leases 
premises to a licensed organization may not charge rent to excess of $600 for 
each day that bingo is conducted by that lessee/sublessor organization.
Frank Coniglio, supervisor in the Bingo Division of the commission, has 
determined that for the first five year period the proposed section of this rule 
will have no significant fiscal impact on the state or other units of 
government.
Mr. Coniglio also has determined that for each year of the first years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be allowing the commission to enforce added or amended sections of 
the Bingo Enabling Act. 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.
Senior staff members of the commission will conduct a hearing on this rule on 
November 18, 1991, at 9 a.m., at 5608 Mesa Drive, Austin, Texas 78731.
Comments of the proposals may be submitted to Robert Howelton, Director, Bingo 
Division, P.O. Box 13127, Austin, Texas 78711. The telephone numbers is (512) 
465-4924.
The amendment is proposed under Texas Civil Statutes, Article 179d, sec.16(a), 
which provide the commission with the authority to adopt rules relating to the 
enforcement and administration of the Bingo Enabling Act.
sec.55.548. General Restrictions on the Conduct of Bingo.
(a)-(b) (No change.)
(c) Limit on rent. The payment of rent shall be limited as follows, subject to 
the exceptions specified in the Bingo Enabling Act, sec.11a(c).
(1) The rent charged by a licensed commercial lessor for a location to conduct 
bingo, as that term is defined in  s55.544 of this title (relating to 
Definitions), must not exceed $600 per occasion, unless the commercial lessor 
leases to a licensed authorized organization that subleases the premises to one 
or more other licensed authorized organization that subleases the premises to 
one or more other licensed authorized organizations to conduct bingo, in which 
case the rent may not exceed $600 for each day that bingo is conducted <nl>by 
that lessee/sublessor.<ol> The licensed authorized organization that subleases 
the premises to one or more other licensed authorized organizations to conduct 
bingo may charge those groups no more than $600 per occasion. A rental agreement 
may not guarantee that an organization will break even or receive a profit from 
the conduct of its games.
(2) All rent paid to the lessor must be paid in a lump sum. Rent includes all 
expenses authorized by the Bingo Enabling Act, sec.19(c), that are paid by the 
licensed authorized organization to the lessor in connection with the use of the 
premises. All payments to an organization, association, or business are 
considered payments to the lessor if any person who has a substantial interest 
in the lessor also has substantial interest in the organization, association, or 
businesses. The term "substantial interest" shall be as defined in the Bingo 
Enabling Act, sec.2(21).
(d)-(l) (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 16, 1991.
TRD-9112889
Joe Darnall
General Counsel
Texas Alcoholic Beverage Commission
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 465-4904
       
16 TAC sec.55.550
The Texas Alcoholic Beverage Commission proposes an amendment to sec.55.550, 
concerning bingo reports. The amendment amends subsections (a), (b), (c), and 
(d) to provide for the reporting and payment of the fee on prizes by licensed 
authorized organizations and the bingo rental tax by licensed commercial 
lessors. The amendment also amends subsection (a) to provide for payment of the 
bingo gross receipts tax to the commission, and to delete the requirement that a 
coy of the quarterly report for gross receipts tax be filed with the 
Comptroller.
This amendment is proposed to implement Texas Civil Statutes, Article 179d, 
Bingo Enabling Act, sec.sec.2B, 19B, and 20, as added or amended by the 72nd 
Legislature, First Called Session, House Bill 11.
Frank Coniglio, supervisor in the Bingo Division of the commission, 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. Coniglio 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 allowing the commission to enforce added or amended sections of 
the Bingo Enabling Act. 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.
Senior staff members of the Commission will conduct a hearing on this rule on 
November 18, 1991, at 9 a.m., at 5608 Mesa Drive, Austin, Texas 78731.
Comments on the proposal may be submitted to Robert Howelton, Director, Bingo 
Division, P.O. Box 13127, Austin, Texas 78711. The telephone number is (512) 
465-4924.
The amendment is proposed under Texas Civil Statutes, Article 179d, sec.16(a), 
which provide the commission with the authority to adopt rules relating to the 
enforcement and administration of the Bingo Enabling Act.
sec.55.550. Bingo Reports.
(a) Quarterly reports for gross receipts tax and for information relating to the 
conduct of bingo games.
(1) An authorized organization holding an annual license, temporary license, or 
a temporary authorization to conduct bingo must file on a form provided by the 
Texas Alcoholic Beverage Commission (commission) a quarterly report for gross 
receipts taxes and statistical information relating to the conduct of bingo 
games. The report must be filed with [both] the commission [and the 
Comptroller], the report filed with the <nl>commission <ol> [Comptroller] must 
be accompanied by any tax due, and <nl>the report <ol> [both reports] must be 
filed on or before the 15th day of the month following the end of the calendar 
quarter even if there were no gross receipts or gross receipts subject to tax 
for that quarter.
(2) The first $15,000 of gross receipts each report period is exempt from tax.
(3) The report must be signed by the member designated as responsible for the 
filing of reports.
(b) <nl>Quarterly reports for fee on prizes.
<nl>(1) An authorized organization holding an annual license, temporary license, 
or temporary authorization to conduct bingo must file on a form provided by the 
Texas Alcoholic Beverage commission a quarterly report for the fees on bingo 
prizes. The report must be filed with the commission, must be accompanied by any 
fees due, and must be filed on or before the 15th day of the month following the 
end of the calendar quarter even if there were no prizes awarded during the 
quarter.
<nl>(2) The report must be signed by the member designated as responsible for 
the filing of reports.
<nl>(c) Commercial lessor. A person holding an annual license or a temporary 
authorization to lease bingo premises must file on a form provided by the Texas 
Alcoholic Beverage Commission a quarterly report for bingo rental taxes and 
statistical information relating to the leasing of bingo premises. The report 
must be filed with the commission, must be accompanied by any tax due, and must 
be filed on or before the 15th day of the month following the end of the 
calendar quarter even if there were no gross rentals subject to tax for that 
quarter.
<nl>(d)<ol>[(b)] Failure to receive forms. The failure of licensees [conducting 
bingo games] to receive forms from the commission does not relieve them from the 
requirement of filing reports and remitting [bingo gross receipts] taxes  <nl>or 
fees<ol> on a timely basis.
[(c) Commercial lessor. A licensed commercial lessor must file an informational 
report at any time it is requested by the commission.]
<nl>(e)<ol>[(d)] Effective date. This rule, as amended, is effective 
<nl>September 1, 1991<ol> [for all quarterly reports and bingo gross receipts 
tax payments due on or after April 15, 1990, covering periods beginning with the 
first quarter of 1990].
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 16, 1991.
TRD-9112886
Joe Darnall
General Counsel
Texas Alcoholic Beverage Commission
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 465-4904
       
16 TAC sec.55.555
The Texas Alcoholic Beverage Commission proposes an amendment to sec.55.555, 
concerning minimum charitable distribution. The amendment allows a credit for 
bingo rental taxes paid.
The amendment is proposed to allow a credit for the bingo rental tax imposed by 
Texas Civil Statutes, Article 179d, Bingo Enabling Act, sec.2B, as added by the 
72nd Legislature, First Called Session, 1991, House Bill 11.
Frank Coniglio, supervisor in the Bingo Division of the Commission, 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. Conigilio 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 allowing the Commission to enforce added or amended sections of 
the Bingo Enabling Act. 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.
Senior staff members of the Commission will conduct a hearing on this rule on 
November 18, 1991, at 9 a.m., at 5608 Mesa Drive, Austin, Texas, 78711.
Comments on the proposal may be submitted to Robert Howelton, Director, Bingo 
Division, P.O. Box 13127, Austin, Texas 78711.
Comments on the proposal may be submitted to Robert Howelton, Director, Bingo 
Division, P.O. Box 13127, Austin, Texas 78711. The telephone number is (512) 
465-4924.
This amendment is proposed under Texas Civil Statutes, Article 179d, sec.16(a), 
which provide the Commission with the authority to adopt rules for the 
enforcement and administration of the Bingo Enabling Act.
sec.55.555. Minimum Distribution. <ol> The amount paid as bingo taxes for the 
last preceding quarter and an amount for basic fixed expenses equal to 2. 75% of 
the gross receipts for the last preceding quarter shall be allowed as a credit 
towards the required 35% charitable distribution under Texas Civil Statutes, 
Article 179d, Bingo Enabling Act, sec.19a(k). However, the total of all credits, 
[both] for bingo gross receipts taxes<nl>, bingo rental taxes,<ol> and for 
expenses may not exceed $11,000 per quarter.
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 16, 1991.
TRD-9112885
Joe Darnall
General Counsel
Texas Alcoholic Beverage Commission
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 465-4904
       
TITLE 19. EDUCATION
Part II. Texas Education Agency
Chapter 75. Curriculum
Subchapter B. Essential Elements Pre-K through Grade Six
19 TAC sec.sec.75.21-75.29
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas Education 
Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 
1019 Brazos Street, Austin.)
The Texas Education Agency proposes the repeal of sec. s75.21-75.29, concerning 
the essential elements-prekindergarten-grade six. The sections are being 
repealed and reproposed in a separate submission as a result of the five-year 
curriculum review process, preliminary discussions with the State Board of 
Education, and changes in content that were included in Proclamations 68, 1991, 
and 1992. Proclamation 1992 is scheduled to be presented to the board for 
approval in January 1992.
Dr. Leroy Psencik, division director of general education, has determined that 
for the first five-year period the proposed repeals will be in effect there will 
be fiscal implications as a result of enforcing or administering the repeals. 
There will be no fiscal implications for state government. The effect on local 
government for the first five-year period will be that local school districts 
will be required to update their curriculum guides. The cost of these updates is 
probably minimal in some districts, consisting of errata sheets distributed to 
teachers. Other districts may choose to reproduce entire curriculum guides at a 
higher cost. As a result of these changes, districts will not be required to 
fund any new staff positions. No new supplemental materials are needed for the 
teachers since the content is in place in the most recently adopted textbooks.
Dr. Psencik and Criss Cloudt, director for planning coordination, also have 
determined that for each year of the first five years the proposed repeals will 
be in effect the public benefit anticipated as a result of enforcing the repeals 
will be assistance to publishers in developing teacher editions with references 
to the revised essential elements and textbook reviewers in reviewing coverage 
of the revised essential elements in the textbooks. The revisions will allow 
school districts sufficient time to update curriculum guides and materials and 
to plan staff development programs for implementing new textbooks based on the 
revised essential elements. There will be no effect on small businesses. There 
is no anticipated economic cost to persons who are required to comply with the 
proposed repeals.
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 repeals 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 repeal is proposed under the Texas Education Code,  s21.101, 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.75.21. Prekindergarten Education
sec.75.22. English Language Arts.
sec.75.23. Other Languages.
sec.75.24. Mathematics.
sec.75.25. Science.
sec.75.26. Health.
sec.75.27. Physical Education.
sec.75.28. Fine Arts.
sec.75.29. Social Studies, Texas and United States History.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on September 19, 1991.
TRD-9112729
Criss Cloudt
Director, Planning Coordination
Texas Education Agency
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 463-5440
       
19 TAC sec.sec.75.21-75.32
The Texas Education Agency proposes new sec.sec.75.21-75.32, concerning the 
essential elements-prekindergarten-grade six. The sections are 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. The former sections are being repealed in a 
separate submission.
Dr. Leroy Psencik, division director of general education, determined that for 
the first five-year period the sections are in effect there will be fiscal 
implications for local government as a result of enforcing or administering the 
sections. There will be no fiscal implications for state government. The effect 
on local government for the first five-year period will be that local school 
districts will be required to update their curriculum guides. The cost of these 
updates is probably minimal in some districts, consisting of errata sheets 
distributed to teachers. Other districts may choose to reproduce entire 
curriculum guides at a higher cost. As a result of these changes, districts will 
not be required to fund any new staff positions. No new supplemental materials 
are needed for the teachers since the content is in place in the most recently 
adopted textbooks.
Dr. Psencik and Criss Cloudt, director for planning coordination, have 
determined that for each year of the first five years the sections are in effect 
the public benefit anticipated as a result of enforcing the sections will be 
assistance to publishers in developing teacher editions with references to the 
revised essential elements and textbook reviewers in reviewing coverage of the 
revised essential elements in the textbooks. The revisions will allow school 
districts sufficient time to update curriculum guides and materials and to plan 
staff development programs for implementing new textbooks based on the revised 
essential elements. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the 
sections as proposed.
Comments on the proposal may be submitted to Criss Cloudt, Planning 
Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. 
All requests for a public hearing on the proposed sections submitted in 
accordance with the Administrative Procedure and Texas Register Act must be 
received by the commissioner of education not more than 15 calendar days after 
notice of a proposed changed in the chapter has been published in the  Texas 
Register.
The new sections 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.75.21. Prekindergarten Education.
(a) Communication development, prekindergarten. Essential elements described in 
this subsection for communication development, prekindergarten, shall be 
superseded by the essential elements described in subsection (g) of this section 
effective September 1995. Communication development, prekindergarten, shall 
include the following essential elements.
(1)  Listening (receptive language). The student shall be provided opportunities 
to:
(A) respond to simple directions, commands, and questions;
(B)  recognize and compare familiar and unfamiliar environmental sounds 
including sounds of animals, motors, musical instruments, and nature;
(C) acquire the meaning of vocabulary words related to concepts being presented;
(D)  listen to literary selections daily for personal enjoyment;
(E)  become aware of various speech sounds and patterns through rhymes, poems, 
chants, and fingerplays;
(F) respond to storytelling or oral reading by telling what the story is about, 
recalling facts and details, and recalling the sequence of events;
(G) focus attention on a speaker without interruption; and
(H) recognize voice tone as a way to express feeling.
(2) Speaking (expressive language). The student shall be provided opportunities 
to:
(A) participate in nonverbal communication through gesture, pantomime, and 
facial expression;
(B) use a variety of words to express feelings and ideas;
(C) talk about what is seen, heard, touched, tasted, or smelled as objects, 
people, and events are experienced;
(D) engage in a conversation by sharing ideas with others;
(E)  dictate ideas and feelings as they are recorded;
(F) retell a familiar story or nursery rhyme;
(G) speak clearly;
(H)  present fingerplays; and
(I) use oral language in a variety of situations.
(b) Cognition development, prekindergarten. Essential elements described in this 
subsection for cognition development, prekindergarten, shall be superseded by 
the essential elements described in subsection (g) of this section effective 
September 1995. Cognition development, prekindergarten, shall include the 
following essential elements.
(1) Identifying. The student shall be provided opportunities to:
(A) match objects in a one-to-one correspondence such as a cup to saucer, napkin 
to plate, etc. (mathematics);
(B) orally identify the number of objects in a group (mathematics);
(C) recognize the empty set (concept of zero) (mathematics);
(D) discuss ways people can help each other (social studies);
(E) know and practice rules of safety at home and school (social studies, 
science);
(F) learn social skills appropriate to group behavior (social studies);
(G) identify basic economic wants (food, clothing, shelter) of people (social 
studies);
(H) discuss how and why people celebrate special events (birthdays, holidays, 
etc.) including those that are culturally related (social studies);
(I) know and observe rules of the home, classroom, and school (social studies);
(J) know terms related to direction and location (up/down, near/far, 
above/below, etc.) (social studies);
(K) identify individuals who help students learn (family members, teachers, 
etc.) (social studies);
(L) demonstrate awareness of self in terms of name, age, and gender (social 
studies);
(M) discuss what families do together (play, work, etc.) (social studies);
(N) use the senses to gain information about the environment using taste, smell, 
touch, sight, and sound (science); and
(O) describe phenomena in the environment (science).
(2) Comparing and contrasting. The student shall be provided opportunities to:
(A) use vocabulary to designate quantities such as more than, less than, equal 
to, as many as, etc. (mathematics) ;
(B) use vocabulary to designate relationships such as under, over, above, below, 
in front of, far away from, etc. (mathematics);
(C) learn the vocabulary to compare sets or groups (same as, different than, 
alike, etc.) (mathematics);
(D) demonstrate concepts of part and whole with manipulative materials 
(mathematics);
(E) use vocabulary to compare objects (taller/shorter, heavier/lighter, etc.) 
(social studies, science, mathematics); and
(F) compare similarities and differences among objects using taste, smell, 
touch, sight, and sound (science).
(3)  Classifying. The student shall be provided opportunities to:
(A)  form groups by sorting and matching objects according to their attributes 
(mathematics);
(B) combine and separate groups of objects to form new groups (mathematics);
(C) identify property as "his/hers/mine/ours" (social studies);
(D) classify acceptable/unacceptable behavior at home and school (social 
studies); and
(E) sort objects from the environment according to one or more characteristics 
(use, composition, location, etc.) (science).
(4) Sequencing and ordering. The student shall be provided opportunities to:
(A) repeat a simple pattern using objects (mathematics);
(B) order two or three objects by size (length, height, etc.) (mathematics);
(C) count orally (mathematics);
(D)  describe sequences in basic family and school routines (social studies); 
and
(E) sequence events in order of their occurrence (science).
(5)  Predicting cause/effect relationships. The student shall be provided 
opportunities to know and discuss the consequences of actions in social 
relationships (sharing, hitting, disturbing others, etc.) (social studies).
(c) Motor development, prekindergarten. Essential elements described in this 
subsection for motor development, prekindergarten, shall be superseded by the 
essential elements described in subsection (i) of this section effective 
September 1995. Motor development, prekindergarten, shall include the following 
essential elements:
(1) physical fitness development to improve the quality of life. The student 
shall be provided opportunities to participate in developmental activities 
related to muscular strength and endurance, flexibility, and cardiorespiratory 
endurance.
(2) Motor skills that develop positive body image and confidence. The student 
shall be provided opportunities to:
(A) acquire fundamental movement skills:
(i) locomotor (walking, running, jumping, hopping, etc.);
(ii) nonlocomotor (bending and stretching, pushing and pulling, twisting and 
turning, etc.);
(iii) manipulative (working with bean bags, large balls, long ropes, etc.); and
(iv) posture and body mechanics (standing, sitting, falling safely, etc.).
(B) Develop fine motor skills:
(i)  practice self-help skills (such as zippering, buttoning, lacing, buckling, 
snapping, and pouring liquids and solids such as sand and rice);
(ii) develop pincher control (working puzzles with large pieces, folding paper, 
screwing/unscrewing, working with clothespins, punching holes, and picking up 
small objects and placing in containers); and
(iii)  formulate patterns (using hand or foot in the air, sand, string beads).
(C) Develop perceptual awareness skills:
(i) body awareness (an awareness of name, location, and relationship of body 
parts);
(ii)  spatial and directional awareness (an awareness of how much space the body 
occupies and where to move);
(iii) coordination (eye-hand, eye-foot, rhythm); and
(iv) balance.
(3) Rhythmic activities that develop coordination, self-expression, creativity, 
and endurance. The student shall be provided opportunities to participate in 
rhythmic activities:
(A) fundamental skills;
(B) creative rhythms; and
(C) singing games.
(4) Skills related to games and sports. The student shall be provided 
opportunities to:
(A) participate in skills common to games and sports (starting, stopping, 
dodging, throwing, kicking, catching, etc);
(B) participate in cooperative games; and
(C)  develop and practice behavior reflective of good sportsmanship and safety.
(5) Skills and activities related to sequential gymnastics. The student shall be 
provided opportunities to:
(A) develop gross motor skills;
(B) develop preliminary gymnastic skills (creeping, crawling, rolling, and 
balancing); and
(C) develop the ability to use apparatus appropriate for prekindergarten.
(d) Fine arts, prekindergarten. Essential elements described in this subsection 
for fine arts, prekindergarten, shall be superseded by the essential elements 
described in subsection (h) of this section effective September 1995. Fine arts, 
prekindergarten, shall include the following essential elements.
(1) Art.
(A) awareness and sensitivity to natural and man-made environments. The student 
shall be provided opportunities to discover line, color, shape, and texture by 
seeing and feeling objects.
(B) Inventive and imaginative expression through art materials and tools. The 
student shall be provided opportunities to:
(i)  experiment informally with a variety of simple media; and
(ii)  express individual thoughts and feelings through picture making, puppetry, 
modeling, constructing, and printmaking.
(C) Understanding and appreciation of self and others through art culture and 
heritage. The student shall be provided opportunities to look at and talk about 
artworks including primary sources.
(2) Music.
(A) Singing concepts and skills. The student shall be provided opportunities to:
(i) create vocal sounds by imitating; and
(ii) sing songs.
(B) Music listening. The student shall be provided opportunities to:
(i) hear music for quiet listening; and
(ii) hear music that tells a story.
(C) Responses to music through moving and playing. The student shall be provided 
opportunities to:
(i) move and dance; and
(ii)  play simple rhythm and/or melody instruments.
(3) Theatre arts.
(A) Expressive use of the body and voice. The student shall be provided 
opportunities to:
(i) develop body awareness and spatial perception using rhythmic and imitative 
movement; and
(ii) imitate sounds.
(B) Creative drama. The student shall be provided opportunities to dramatize 
limited-action stories and poems using simple pantomime, and puppetry.
(e) Social/emotional development, prekindergarten. Essential elements described 
in this subsection for social/emotional development, prekindergarten, shall be 
superseded by the essential elements described in subsection (f) of this section 
effective September 1995. Social/emotional development, prekindergarten, shall 
include the following essential elements.
(1)  Concepts and skills that foster individual personal health and safety. The 
student shall be provided opportunities to.
(A) Demonstrate self-help skills by:
(i) being responsible for personal hygiene;
(ii)  managing dressing and undressing;
(iii) eating appropriately and independently;
(iv) learning about the parts of the body and what they do;
(v) recognizing routine healthy behaviors;
(vi) expanding vocabulary to include health terms; and
(vii) recognizing common visible signs of general illness and wellness.
(B) Develop a healthy self-concept reflected by:
(i)  accepting failure as well as successes by self;
(ii)  praising good work and success of others;
(iii) willingness to try again after failure;
(iv) taking pride in own work;
(v)  willingness to try new things;
(vi) accepting constructive criticism;
(vii) respecting property of others;
(viii)  recognizing own uniqueness;
(ix) reacting to change in a reasonable way;
(x) becoming aware of how others see him or her; and
(xi) expressing strong emotions safely.
(C) recognize danger of poisonous substances, including drugs; and
(D) recognize hazards in the environment, and acquire knowledge and skills 
needed to avoid injury and to prevent accidents.
(2) Health-related concepts and skills that involve interactions between 
individuals. The student shall be provided opportunities to.
(A) demonstrate adjustment to the school setting by:
(i)  accepting school routine;
(ii) recognizing that he or she is one of many; and
(iii) participating in leadership as well as follower roles.
(B) Demonstrate self-discipline by demonstrating appropriate independent as well 
as group behavior.
(C) Observe and follow home/school safety rules and procedures by:
(i) knowing what to do when lost;
(ii) staying away from medication and poisons;
(iii) knowing rules about crossing the street; and
(iv)  knowing what to do when strange or familiar adults behave inappropriately 
(abuse).
(D) Develop concept of family by:
(i)  recognizing that there are different types of families;
(ii)  recognizing that each person is part of a family; and
(iii)  doing simple home chores.
(f) Social/emotional development, prekindergarten. Essential elements for 
social/emotional development, prekindergarten, as described in this subsection 
shall be effective September 1995. Social/emotional development, 
prekindergarten, shall include the following essential elements.
(1) Emotional development (knowledge, understanding, and positive acceptance of 
self). The student shall be provided opportunities to:
(A) recognize successes and feel pride in work;
(B) recognize and appreciate his or her uniqueness;
(C) persevere with most self-chosen tasks; and
(D) demonstrate emerging self discipline and autonomous behaviors through 
decision making and self-selected activities.
(2) Social development (interactions with others). The student shall be provided 
opportunities to:
(A) experience positive, supportive interactions with adults and peers;
(B) develop a sense of belonging to a group;
(C) engage in cooperative activities;
(D) learn how to make and maintain friendships; and
(E) show respect for individuals in the diverse school population.
(3) Social responsibility (behaviors of a socially responsible person). The 
student shall be provided opportunities to:
(A) observe and role play socially responsible behaviors in a variety of 
situations;
(B) learn school and classroom routines;
(C) develop an emerging awareness of the care of property and materials;
(D) develop an emerging awareness of environmental issues;
(E)  value and respect individual similarities and differences; and
(F)  value and respect similarities and differences in cultural identities and 
heritage including linguistic variations.
(g) Intellectual development, prekindergarten. Essential elements for 
intellectual development, prekindergarten, as described in this subsection shall 
be effective September 1995. Intellectual development, prekindergarten, shall 
include the following essential elements.
(1) Knowledge of communication. Receptive/expressive language integrated through 
meaningful listening/speaking and print-related experiences. The essential 
elements for primary language for bilingual education, prekindergarten, are 
described in subsection (j) of this section and the essential elements for 
English as a second language, prekindergarten, are described in subsection (k) 
of this section. The student shall be provided opportunities to:
(A) focus attention on adult and peer speakers during individual and group 
interactions;
(B) enjoy repetition, rhyme, and rhythm through poems, chants, and fingerplays 
individually or with a group;
(C) enjoy daily listening and responding to stories and books;
(D)  follow simple oral directions;
(E) recognize voice tone and nonverbal cues to aid in communication;
(F) acquire vocabulary related to concepts in a meaningful context;
(G) engage in conversation to achieve a variety of purposes including getting 
needs met, requesting, inquiring, sharing information, and playing;
(H) select books for individual needs and interests;
(I) associate print with spoken language;
(J)  become familiar with personally meaningful environmental print;
(K)  share ideas, feelings, and stories through activities such as dictating 
stories, conversation, dramatic play; and
(L) recognize that experiences can be written about.
(2) Knowledge of integrated content. Integrated content acquired through 
processes of identifying, comparing and contrasting, classifying, sequencing and 
ordering, predicting cause/effect relationships, and exploring. The student 
shall be provided opportunities to.
(A) Identify:
(i) match objects in one-to-one correspondence;
(ii) become familiar with a variety of geometric shapes in the environment;
(iii) use the senses to gain information about objects from the environment 
emphasizing color, texture, taste, odor, sound, size, shape, direction, motion, 
heat/cold, and sink/float;
(iv)  celebrate special events (e.g., birthdays, holidays) including those that 
are culturally related; and
(v) discuss ways people can help and learn from each other.
(B) Compare and contrast:
(i)  recognize that there are different types of families, homes, and 
communities; and
(ii) compare similarities and differences of a variety of objects.
(C) Classify:
(i) classify a variety of objects by function; and
(ii) classify a variety of objects by a single attribute.
(D) Sequence and order:
(i) repeat and create a simple pattern using concrete objects (e.g., beads, 
blocks); and
(ii) describe sequences in basic family and school routines.
(E)  Predict cause/effect relationships:
(i) observe changes in nature and daily events;
(ii) draw conclusions and predict outcomes based on experience; and
(iii) assist in setting class rules including rules of safety.
(F) Explore:
(i) demonstrate creative thinking through fluency, flexibility, elaboration, 
creation of new ideas, spontaneity;
(ii) construct structures using blocks and other manipulative materials of 
different sizes and shapes;
(iii)  explore basic concepts of weight, mass, and volume through water play, 
sand play and cooking;
(iv) explore positional relationships such as in, on, under; and
(v) interpret simple visuals (e.g., photographs, pictures).
(h) Aesthetic development, prekindergarten. Essential elements for aesthetic 
development, prekindergarten, as described in this subsection shall be effective 
September 1995. Aesthetic development, prekindergarten, includes visual arts, 
music, and theatre arts and shall include the following essential elements.
(1) Visual arts. The student shall be provided opportunities to:
(A) express individual thoughts, ideas, and feelings through picturemaking, 
puppetry, modeling, constructing and printmaking;
(B) view and talk about different artworks by students and artists; and
(C) examine and respond to visual and multisensory characteristics in a variety 
of subjects, objects, and events to develop awareness and sensitivity to natural 
and human-made environments.
(2) Music. The student shall be provided opportunities to:
(A) create and imitate sounds;
(B) sing a variety of songs including those that reflect cultural diversity;
(C) explore rhythmic sense of steady beat of songs and poems by patting, 
tapping, and stepping; and
(D) explore sounds using body percussion and rhythm instruments.
(3) Theatre arts. The student shall be provided opportunities to:
(A) engage in creative dramatic activities;
(B) dramatize limited-action stories and poems using simple pantomime and 
puppetry; and
(C) attend theatrical events such as puppet shows and theatrical productions for 
children.
(i) Physical development, prekindergarten. Essential elements for physical 
development, prekindergarten, as described in this subsection shall be effective 
September 1995. Physical development, prekindergarten, includes motor 
development and health and shall include the following essential elements.
(1) Motor development. Concepts and skills that foster individual motor 
development. The student shall be provided opportunities to.
(A) Develop gross motor skills:
(i)  control body movement (e.g., hopping, jumping, balancing, swinging, 
bending, stretching, walking, running, climbing);
(ii) develop body strength and stamina (e.g., pulling, pushing, climbing, 
swinging, walking, running);
(iii) develop body coordination (e.g., galloping, jumping, swinging, balancing, 
leaping, dancing);
(iv) develop body flexibility (e.g., running, dancing, climbing, wiggling, 
stretching, bending, crawling);
(v) develop large muscle strength and coordination with large objects (e.g., 
throwing, bouncing, kicking, striking, carrying, catching); and
(vi) participate in self-chosen outdoor activities using apparatus appropriate 
for prekindergarten students.
(B) Develop fine motor skills:
(i) small muscle control (e.g., threading, stacking, reaching, building, 
assembling, rolling, releasing, grasping, kneading, drawing, cutting, pasting);
(ii) small muscle strength (e.g., pounding, kneading, pulling, using tools, 
rolling, squeezing, scrubbing, pumping); and
(iii) eye-hand coordination (e.g., disassembling and assembling, lacing, using 
utensils, sewing, folding, tearing, tracing, painting, drawing, self-help 
skills, dressing skills, pulling levers, pressing buttons).
(C)  Develop perceptual awareness skills:
(i) body awareness (awareness of name, location, and relationship of body 
parts);
(ii)  spatial and directional awareness (awareness of how much space the body 
occupies and where to move);
(iii) coordination (e.g., eye-hand, eye-foot, rhythm);
(iv) balance; and
(v) imitate body movements.
(2) Health. Concepts and skills that foster individual personal health and 
safety. The student shall be provided opportunities to:
(A) recognize that routine healthy behaviors include sleep, rest, exercise, 
personal hygiene, oral health, and proper nutrition; and
(B)  recognize common hazards in the immediate environment of children to avoid 
injury and prevent accidents.
(j) Primary language for bilingual education, prekindergarten. Essential 
elements for primary language for bilingual education, prekindergarten, as 
described in this subsection shall be effective September 1995. Primary language 
for bilingual education, prekindergarten, shall include the following essential 
elements.
(1)  Communicative development. The student shall be provided opportunities to:
(A) receive instruction of basic concepts of the school environment in the 
primary language;
(B) learn to expand oral language spoken on topics relevant and meaningful for 
young learners:
(i) respond to storytelling or spoken discourse in verbal and/or non-verbal 
ways;
(ii)  listen to literary selections daily for personal enjoyment and language 
acquisition, appreciate the sound devices of rhyme and rhythm, and comprehend 
meaning of written texts presented orally;
(iii) recognize simple variation in language depending on social contexts;
(iv) understand the meaning of words in spoken discourse;
(v) understand the meaning of Spanish sentence structures (e.g., statements, 
questions, commands) in spoken discourse; and
(vi) acquire Spanish sounds and intonation patterns by listening to spoken 
discourse.
(C) Learn to speak in social and school settings:
(i) participate in nonverbal communication through gesture, pantomime, and 
facial expression;
(ii) engage in a conversation by sharing ideas and opinions with others;
(iii) talk about what is observed through the five senses;
(iv) relate events from personal experience;
(v) engage in creative drama activities;
(vi) use speech for a variety of functions (e.g., greetings, apologies, 
requests, information giving, seeking); and
(vii)  develop awareness of word order in spoken interactions.
(2)  Literacy. The student shall be provided opportunities to:
(A)  experience a print-rich environment in the classroom;
(B)  participate in dictated stories and reading, group charts, labelling, 
personal dictation; and
(C) participate in independent writing (e.g., using marks, scribble, invented 
spellings).
(3) Culture. The student shall be provided opportunities to:
(A) learn the behaviors of the school culture;
(B) respect differences in behavior and expressions of others;
(C) value one's own family language and traditions; and
(D) discuss what families do together.
(k) English as a second language, prekindergarten. Essential elements for 
English as a second language, prekindergarten, as described in this subsection 
shall be effective September 1995. English as a second language, 
prekindergarten, shall include the following essential elements.
(1) Listening. Learning to understand English spoken on topics relevant and 
meaningful for young learners. The student shall be provided opportunities to.
(A) Learn to listen:
(i)  respond to storytelling or spoken discourse in verbal and/or non-verbal 
ways;
(ii) listen to literary selections daily for personal enjoyment and language 
acquisition, appreciate the sound devices of rhyme and rhythm, comprehend 
meaning of written texts presented orally; and
(iii)  employ active listening in a variety of situations (e.g., following 
directions).
(B) Acquire language functions and use through listening:
(i) respond to various language functions (e.g., greetings, directions, 
requests, giving information, seeking information); and
(ii)  recognize simple variation in language depending on social contexts.
(C) acquire language forms through listening:
(i)  vocabulary: understand the meaning of words in spoken discourse;
(ii) syntax: understand the meaning of English sentence structures (e.g., 
statements, questions, commands) in spoken discourse; and
(iii)  phonology: acquire English sounds and intonation patterns by listening to 
spoken discourse.
(2) Speaking. Learning to speak English in social and school settings. The 
student shall be provided opportunities to.
(A)  Learn to produce spoken English:
(i) participate in nonverbal communication through gesture, pantomime, and 
facial expression;
(ii)  engage in a conversation by sharing ideas with others;
(iii)  dictate ideas and feelings as they are recorded;
(iv)  retell a familiar story or nursery rhyme;
(v) communicate meaningfully in one-to-one and in small group situations;
(vi)  engage in creative drama activities; and
(vii) participate in choral reading.
(B) Acquire language functions and use through speaking:
(i) use spoken English for a variety of functions (e.g., greetings, apologies, 
requests, information giving, seeking); and
(ii)  use spoken English appropriately in a variety of situations.
(C)  Acquire language forms through speaking:
(i) vocabulary: develop and use appropriate vocabulary to express meaning 
intended in spoken interactions;
(ii) syntax: develop and use English word order with increasing accuracy in 
spoken interactions;
(iii) syntax: develop and use English inflections with increasing accuracy in 
spoken interactions; and
(iv) phonology: develop and use the sounds and intonation patterns of English 
with increasing accuracy.
(3) Literacy. Developing an awareness of conveying messages through written 
symbols. The student shall be provided opportunities to:
(A) experience a print-rich environment in the classroom;
(B) participate in dictated stories and reading, group charts, labelling, 
personal dictation; and
(C) participate in independent writing (e.g., using marks, scribble, invented 
spellings).
(4)  Culture. Learning concepts that result in knowledge and awareness of the 
history and culture of another people with a range of situations. The student 
shall be provided opportunities to:
(A) learn the behaviors of school culture;
(B) recognize characteristics of various cultures;
(C)  respect differences in behavior and expressions of other cultures; and
(D) value one's own culture and heritage.
sec.75.22. Kindergarten Education.
(a) Social/emotional development, kindergarten. Essential elements for 
social/emotional development, kindergarten, as described in this subsection 
shall be effective September 1995. Social/emotional development, kindergarten, 
shall include the following essential elements.
(1) Emotional development (knowledge, understanding, and positive acceptance of 
self). The student shall be provided opportunities to:
(A) recognize successes and feel pride in work;
(B) recognize and appreciate his or her uniqueness;
(C) persevere with most self-chosen tasks;
(D) demonstrate emerging self discipline and autonomous behaviors through 
decision making and self-selected activities; and
(E) develop an emerging awareness of consequences of behavior.
(2)  Social development (interactions with others). The student shall be 
provided opportunities to:
(A) experience positive, supportive interactions with adults and peers;
(B) develop a sense of belonging to a group;
(C)  engage in cooperative activities;
(D) learn how to make and maintain friendships;
(E) show respect for individuals in the diverse school population;
(F) accept uniqueness of others; and
(G)  participate in leadership as well as follower roles.
(3) Social responsibility (behaviors of a socially responsible person). The 
student shall be provided opportunities to:
(A) observe and role play socially responsible behaviors in a variety of 
situations;
(B) develop an emerging awareness of the care of property and materials;
(C) develop an emerging awareness of environmental issues;
(D) value and respect individual similarities and differences; and
(E) value and respect similarities and differences in cultural identities and 
heritage including linguistic variations.
(b) Intellectual development, kindergarten. Essential elements for intellectual 
development, kindergarten, as described in this subsection shall be effective 
September 1995. Intellectual development, kindergarten, shall include the 
following essential elements.
(1)  Knowledge of communication. Receptive/expressive language integrated 
through meaningful listening/speaking and print-related experiences. The 
essential elements for primary language for bilingual education, kindergarten, 
are described in subsection (e) of this section and the essential elements for 
English as a second language, kindergarten, are described in subsection (f) of 
this section. The student shall be provided opportunities to:
(A) focus attention on adult and peer speakers during individual and group 
interactions;
(B) enjoy repetition, rhyme, and rhythm through poems, chants, and fingerplays 
individually or with a group;
(C) enjoy daily listening and responding to stories and books;
(D) follow simple oral directions;
(E) recognize voice tone and nonverbal cues to aid in communication;
(F) acquire vocabulary related to concepts in a meaningful context;
(G) engage in conversation to achieve a variety of purposes including getting 
needs met, requesting, inquiring, sharing information, and playing;
(H) select books for individual needs and interests;
(I)  associate print with spoken language;
(J) become familiar with personally meaningful environmental print;
(K) make predictions of what will happen next in a story;
(L) share ideas, feelings, and stories through activities such as spontaneous 
drawing, conversation, dramatic play, and informal experimentation with letter-
like forms or invented spellings; and
(M) recognize that experiences can be written about.
(2)  Knowledge of integrated content. Integrated content acquired through 
processes of identifying, comparing and contrasting, classifying, sequencing and 
ordering, predicting cause/effect relationships, and exploring. The student 
shall be provided opportunities to.
(A) Identify:
(i) match objects in one-to-one correspondence;
(ii) become familiar with a variety of geometric shapes in the environment;
(iii) use the senses to gain information about objects from the environment 
emphasizing color, texture, taste, odor, sound, size, shape, direction, motion, 
heat/cold and sink/float;
(iv) celebrate special events (e.g., birthdays, holidays) including those that 
are culturally related;
(v) identify ways people can help and learn from each other;
(vi) count objects orally through the highest number conceptualized;
(vii) recognize and describe changes in objects, organisms, and events;
(viii)  recognize traffic and danger symbols critical to the safety of children; 
and
(ix) identify how basic human needs (e.g., food, clothing, shelter) are met by 
different people.
(B) Compare and contrast:
(i)  recognize that there are different types of families, homes, and 
communities;
(ii) compare sets using concepts such as more than, as many as, and less than to 
solve relevant problems;
(iii) recognize part and whole relationships with manipulative materials;
(iv)  compare two concrete objects as to length, height, capacity, and size.
(C) Classify:
(i) form groups by sorting and matching objects using more than one attribute; 
and
(ii) classify a variety of objects from the environment as being living or non-
living.
(D)  Sequence and order:
(i) copy, extend, and record linear patterns made up of concrete objects (e.g., 
beads, blocks); and
(ii)  describe sequences in basic family and school routines.
(E)  Predict cause/effect relationships:
(i) observe changes in nature and daily events;
(ii) draw conclusions and predict outcomes based on experience; and
(iii) assist in setting class rules including rules of safety.
(F) Explore:
(i) demonstrate creative thinking through fluency, flexibility, elaboration, 
creation of new ideas, spontaneity;
(ii) construct structures using blocks and other manipulative materials of 
different sizes and shapes;
(iii)  explore basic concepts of weight, mass, and volume through water play, 
sand play and cooking;
(iv) explore positional relationships such as under, over, above, below, in 
front of, far away from, inside, outside, between;
(v) interpret simple visuals (e.g., photographs, pictures, rebus charts); and
(vi) use sensory information to explore and recognize attributes, patterns, and 
relationships using concrete objects.
(c) Aesthetic development, kindergarten. Essential elements for aesthetic 
development, kindergarten, as described in this subsection shall be effective 
September 1995. Aesthetic development, kindergarten, includes visual arts, 
music, and theatre arts and shall include the following essential elements.
(1) Visual arts. The student shall be provided opportunities to:
(A) express individual thoughts, ideas, and feelings through picturemaking, 
puppetry, modeling, constructing, and printmaking;
(B)  view and talk about a variety of artworks by students and artists; and
(C) examine and respond to visual and multisensory characteristics in a variety 
of subjects, objects, and events to develop awareness and sensitivity to natural 
and human-made environments.
(2) Music. The student shall be provided opportunities to:
(A) create and imitate sounds;
(B)  sing a variety of songs including those that reflect cultural diversity;
(C) explore rhythmic sense of steady beat of songs and poems by patting, 
tapping, and stepping; and
(D) recognize aurally beat/no beat, longer/shorter, higher/lower, 
upward/downward, same/different, louder/softer, and faster/slower.
(3) Theatre arts. The student shall be provided opportunities to:
(A) engage in creative dramatic activities;
(B)  dramatize limited-action stories and poems using simple pantomime and 
puppetry; and
(C) attend theatrical events such as puppet shows and theatrical productions for 
children.
(d) Physical development, kindergarten. Essential elements for physical 
development, kindergarten, as described in this subsection shall be effective 
September 1995. Physical development, kindergarten, includes motor development 
and health and shall include the following essential elements.
(1) Motor development. Concepts and skills that foster individual motor 
development. The student shall be provided opportunities to.
(A) develop gross motor skills:
(i)  control body movement (e.g., hopping, jumping, balancing, swinging, 
bending, stretching, walking, running, climbing);
(ii) develop body strength and stamina (e.g., pulling, pushing, climbing, 
swinging, walking, running);
(iii) develop body coordination (e.g., galloping, jumping, swinging, balancing, 
leaping, dancing);
(iv) develop body flexibility (e.g., running, dancing, climbing, wiggling, 
stretching, bending, crawling);
(v) develop large muscle strength and coordination with large objects (e.g., 
throwing, bouncing, kicking, striking, carrying, catching);
(vi) participate in simple cooperative games; and
(vii)  participate in self-chosen outdoor activities using apparatus appropriate 
for kindergarten students.
(B) Develop fine motor skills:
(i) develop small muscle control (e.g., threading, stacking, reaching, building, 
assembling, rolling, releasing, grasping, kneading, drawing, cutting, pasting);
(ii) develop small muscle strength (e.g., pounding, kneading, pulling, using 
tools, rolling, squeezing, scrubbing, pumping) ; and
(iii) develop eye-hand coordination (e.g., disassembling and assembling, lacing, 
using utensils, sewing, folding, tearing, tracing, cutting, painting, drawing, 
self-help skills, dressing skills, pulling levers, pressing buttons).
(C) Perceptual awareness skills:
(i) body awareness (awareness of name, location, and relationship of body 
parts);
(ii) spatial and directional awareness (awareness of how much space the body 
occupies and where to move);
(iii) coordination (e.g., eye-hand, eye-foot, rhythm);
(iv) balance; and
(v)  imitate body movements.
(2) Health. Concepts and skills that foster individual personal health and 
safety. The student shall be provided opportunities to:
(A) recognize that routine healthy behaviors include sleep, rest, exercise, 
personal hygiene, oral health and proper nutrition; and
(B) recognize common hazards in the immediate environment of children to avoid 
injury and prevent accidents.
(e) Primary language for bilingual education, kindergarten. Essential elements 
for primary language for bilingual education, kindergarten, as described in this 
subsection shall be effective September 1995. Primary language for bilingual 
education, kindergarten, shall include the following essential elements.
(1) Communicative development. The student shall be provided opportunities to:
(A) respond to storytelling or spoken discourse in verbal and/or non-verbal 
ways;
(B)  listen to literary selections daily for personal enjoyment and language 
acquisition:
(i) appreciate the second devices of rhyme and rhythm;
(ii) comprehend the meaning of written texts presented orally; and
(iii) predict probable outcome;
(C) respond to various language functions (e.g., greetings, following 
directions, requests, giving information, seeking information);
(D) recognize simple variation in language depending on social contexts 
including formal and informal pronouns;
(E) understand the meaning of words in spoken discourse;
(F)  understand the meaning of Spanish sentence structures (e.g., statements, 
questions, commands) in spoken discourse;
(G) acquire Spanish sounds and intonation patterns by listening to spoken 
discourse;
(H)  participate in nonverbal communication through gesture, pantomime, and 
facial expression;
(I) communicate meaningfully in one-to-one and small group situations;
(J) engage in creative drama activities; and
(K)  narrate events from personal experience.
(2) Literacy. The student shall be provided opportunities to:
(A) experience a print-rich environment in the classroom;
(B) participate in dictated stories and reading, group charts, labelling, 
personal dictation;
(C) participate in independent writing (e.g., using marks, scribble, invented 
spellings);
(D) discriminate sound for each letter of the alphabet;
(E)  discriminate visual shapes and forms of letters;
(F) understand the direction of conventional print;
(G) respond to storytelling by:
(i) telling what the story is about;
(ii) recalling important facts and details;
(iii) arranging events in sequential order; and
(iv) distinguishing between real and make-believe;
(H) make choices of children's literature for individual viewing; and
(I) keep a notebook of daily drawings, scribbles, pictures, or emerging writing 
to represent experiences.
(3) Culture. The student shall be provided opportunities to:
(A) learn the behaviors of the school culture;
(B) respect differences in behavior and expressions of others;
(C) value one's own family language and traditions; and
(D)  discuss what families do together.
(f) English as a second language, kindergarten. Essential elements for English 
as a second language, kindergarten, as described in this subsection shall be 
effective September 1995. English as a second language, kindergarten, shall 
include the following essential elements.
(1) listening. Learning to understand English spoken, with appropriate rate and 
intonation, on topics relevant and meaningful for learners in a wide range of 
social and school contexts. The student shall be provided opportunities to.
(A) learn to listen:
(i) respond to storytelling or spoken discourse in verbal and/or non-verbal 
ways;
(ii) listen to literary selections daily for personal enjoyment and language 
acquisition, appreciate the sound devices of rhyme and rhythm, comprehend the 
meaning of written texts presented orally, predict probable outcome; and
(iii)  employ active listening in a variety of situations (e.g., following 
directions).
(B) Acquire language functions and use through listening:
(i) respond to various language functions (e.g., greetings, directions, 
requests, giving information, seeking information); and
(ii)  recognize simple variation in language depending on social contexts.
(C) Acquire language forms through listening:
(i)  vocabulary: understand the meaning of words in spoken discourse;
(ii) syntax: understand the meaning of English sentence structures (e.g., 
statements, questions, commands) in spoken discourse; and
(iii)  phonology: acquire English sounds and intonation patterns by listening to 
spoken discourse.
(2) speaking. Learning to speak English in social and school settings. The 
student shall be provided opportunities to.
(A)  Learn to produce spoken English:
(i) participate in nonverbal communication through gesture, pantomime, and 
facial expression;
(ii)  engage in a conversation by sharing ideas with others;
(iii)  communicate meaningfully in one-to-one and small group situations;
(iv) engage in creative drama activities;
(v)  participate in choral speaking;
(vi) dictate ideas and feelings as they are recorded;
(vii) retell a familiar story or nursery rhyme; and
(viii) narrate events from personal experience.
(B) Acquire language functions and use through speaking:
(i)  use spoken English for a variety of functions (e.g., greetings, apologies, 
requests, information giving, seeking); and
(ii) use spoken English appropriately in a variety of situations.
(C) Acquire language forms through speaking:
(i) vocabulary: develop and use appropriate vocabulary to express meaning 
intended in spoken interactions;
(ii) syntax: develop and use English word order with increasing accuracy in 
spoken interactions;
(iii) syntax: develop and use English inflections with increasing accuracy in 
spoken interactions; and
(iv) phonology: use the sounds and intonation patterns of English with 
increasing accuracy.
(3) Literacy. Developing an awareness of conveying messages through written 
symbols. The student shall be provided opportunities to:
(A) experience a print-rich environment in the classroom;
(B) participate in dictated stories and reading, group charts, labelling, 
personal dictation; and
(C) participate in independent writing (e.g., using marks, scribble, invented 
spellings).
(4)  Culture. Learning concepts that result in knowledge and awareness of the 
history and culture of another people with a range of situations. The student 
shall be provided opportunities to:
(A) learn the behaviors of the school culture;
(B) recognize characteristics of various cultures;
(C) respect differences in behavior and expressions of other cultures; and
(D) value one's own culture and heritage.
sec.75.23. English Language Arts.
(a) English language arts, kindergarten. Essential elements described in this 
subsection for English language arts, kindergarten, shall be superseded by the 
essential elements described in  s75.22(b) of this title (relating to 
Kindergarten Education) effective September 1995. English language arts, 
kindergarten, shall include the following essential elements.
(1) Listening. Developing skill in attending to, responding to, and analyzing 
oral communications. The student shall be provided opportunities to:
(A) focus attention on a speaker without interrupting;
(B) listen to appreciate sound devices of rhythm, rhyme, alliteration, and 
onomatopoeia;
(C) listen carefully to instructions and important information; and
(D) respond to storytelling by drawing or painting.
(2) Speaking.
(A) Developing fluency in using oral language to communicate effectively. The 
student shall be provided opportunities to:
(i) engage in creative dramatic activities and nonverbal communication;
(ii) use a variety of words to express feelings and ideas;
(iii) speak clearly and at an appropriate rate; and
(iv) communicate effectively in one-to-one and small group situations.
(B) Speaking to accomplish a variety of purposes: informing, expressing, 
persuading, entertaining. The student shall be provided opportunities to:
(i) relate events from personal experience; and
(ii) present poems chorally.
(3) Reading.
(A) Using word attack skills to decode written language. The student shall be 
provided opportunities to:
(i) discriminate sound for each letter of the alphabet;
(ii) discriminate visual shapes, forms, and letters; and
(iii) understand the direction of conventional print.
(B)  Developing vocabulary to understand written material. The student shall be 
provided opportunities to:
(i) relate experiences with appropriate vocabulary in complete sentences; and
(ii) supply missing words in oral context.
(C) Using comprehension skills to gain meaning from whatever is read. The 
student shall be provided opportunities to respond to storytelling or oral 
reading by:
(i) telling what the story is about;
(ii) recalling important facts and details;
(iii)  arranging the events in sequential order;
(iv)  distinguishing between real and make-believe; and
(v)  retelling a story.
(D) Applying reading skills to a variety of practical situations. The student 
shall be provided opportunities to follow oral directions.
(E) Developing literary appreciation skills to provide personal enjoyment. The 
student shall be provided opportunities to:
(i)  appreciate repetition, rhyme, rhythm, and alliteration;
(ii)  respond to various forms of literature;
(iii) become acquainted with a variety of selections, characters, and themes of 
our literary heritage;
(iv) select books for individual needs and interests; and
(v) follow simple story line in stories read aloud.
(4)  Writing.
(A) Using a variety of techniques to select topics and to generate material to 
write about those topics. The student shall be provided opportunities to 
recognize that everyone has experiences to write about.
(B)  Developing skills in writing effectively for a variety of purposes, modes, 
and audiences. The student shall be provided opportunities to recognize that 
writing can entertain and inform.
(C) Applying the conventions of writing to produce effective communications. The 
student shall be provided opportunities to:
(i) recognize that conventions are used to help communicate to an audience;
(ii) recognize the nature of sound-symbol correspondence; and
(iii) recognize the conventions of writing-spaces between words, word order, and 
marks on pages other than letters of alphabet.
(5) Language. Developing skill in using the grammar of English for effective 
oral and written communication. The student shall be provided opportunities to 
use oral language in a variety of situations.
(b)  English language arts, grade one. Essential elements described in this 
subsection for English language arts, grade one, shall be superseded by the 
essential elements described in subsection (h) of this section effective 
September 1993. English language arts, grade one, shall include the following 
essential elements.
(1) Listening. Developing skill in attending to, responding to, and analyzing 
oral communications. The student shall be provided opportunities to:
(A) respond to nonverbal cues;
(B) listen to appreciate sound for each letter of the alphabet and devices of 
rhythm, rhyme, alliteration, and onomatopoeia;
(C) identify the main idea of a speaker's message; and
(D) respond to storytelling by drawing or painting.
(2) Speaking.
(A) Developing fluency in using oral language to communicate effectively. The 
student shall be provided opportunities to:
(i) engage in creative dramatic activities and nonverbal communication;
(ii) use a variety of words to express feelings and ideas;
(iii) speak clearly and at an appropriate rate; and
(iv) contribute ideas and information in group discussions.
(B)  Speaking to accomplish a variety of purposes: informing, expressing, 
persuading, entertaining. The student shall be provided opportunities to:
(i) sequence events appropriately when relating them;
(ii)  present poems chorally;
(iii) give a reason to persuade a peer or close adult; and
(iv) give a short sequence of directions for others to follow.
(3) Reading.
(A) Using word attack skills to decode written language. The student shall be 
provided opportunities to:
(i) use basic phonics: initial, medial, and final consonants, long and short 
vowels;
(ii) use simple structural analysis: compound words, inflectional endings;
(iii) acquire a basic sight vocabulary; and
(iv) use context clues.
(B) Developing vocabulary to understand written material. The student shall be 
provided opportunities to:
(i) relate experiences with appropriate vocabulary in complete sentences;
(ii) understand the meaning of words in context;
(iii) acquire reading vocabulary relating to concepts being learned; and
(iv) alphabetize according to initial letter.
(C)  Using comprehension skills to gain meaning from whatever is read. The 
student shall be provided opportunities to:
(i) identify an explicitly stated main idea;
(ii) recall facts and details;
(iii) arrange events in sequential order;
(iv) distinguish between fantasy and fact;
(v) summarize a selection;
(vi) identify the cause of a given event; and
(vii)  predict probable future outcomes.
(D) Applying reading skills to a variety of practical situations. The student 
shall be provided opportunities to:
(i) follow written directions;
(ii) use phrases in oral reading; and
(iii) use basic parts of a book: table of contents, title page.
(E) Developing literary appreciation skills to provide personal enjoyment. The 
student shall be provided opportunities to:
(i) appreciate repetition, rhyme, rhythm, and alliteration;
(ii) respond to various forms of literature;
(iii)  become acquainted with a variety of selections, characters, and themes of 
our literary heritage;
(iv) select books for individual needs and interests;
(v) follow story line involving several characters;
(vi) describe the time and setting of a story; and
(vii)  understand the feelings and emotions of characters.
(4) Writing.
(A) Using a variety of techniques to select topics and to generate material to 
write about those topics. The student shall be provided opportunities to:
(i) use information and ideas from personal experience as a source for writing; 
and
(ii) select topics of interest to self and others.
(B) Developing skills in writing effectively for a variety of purposes, modes, 
and audiences. The student shall be provided opportunities to:
(i) write stories and brief descriptions; and
(ii) recognize that the function of first-draft writing is to capture ideas.
(C) Applying the conventions of writing to produce effective communications. The 
student shall be provided opportunities to:
(i) recognize that rewriting and editing are done with a particular purpose and 
audience in mind;
(ii) learn basic phonetic spelling generalizations and exceptions;
(iii) use basic conventions of capitalization and punctuation; and
(iv) write legible manuscript letters.
(5) Language. Developing skill in using the grammar of English for effective 
oral and written communications. The student shall be provided opportunities to:
(A) use correct singular and plural forms of regular nouns; and
(B) use correct forms of regular verbs.
(c) English language arts, grade two. Essential elements described in this 
subsection for English language arts, grade two, shall be superseded by the 
essential elements described in subsection (i) of this section effective 
September 1993. English language arts, grade two, shall provide the following 
essential elements.
(1) Listening. Developing skill in attending to, responding to, and analyzing 
oral communications. The student shall be provided opportunities to:
(A) adjust physical conditions to promote listening;
(B) listen to appreciate sound devices of rhythm, rhyme, alliteration, and 
onomatopoeia;
(C) identify the main idea of a speaker's message; and
(D) respond to a speaker by asking questions and contributing information.
(2) Speaking.
(A) Developing fluency in using oral language to communicate effectively. The 
student shall be provided opportunities to:
(i) engage in creative dramatic activities and nonverbal communication;
(ii) use a variety of words to express feelings and ideas;
(iii) speak clearly to a group; and
(iv)  respond to thoughts expressed by others in group discussions through 
questioning and contributing related ideas.
(B) Speaking to accomplish a variety of purposes: informing, expressing, 
persuading, entertaining. The student shall be provided opportunities to:
(i) elaborate and use description when relating events orally;
(ii) present poems chorally;
(iii) give a reason to persuade a peer or close adult; and
(iv) give a short sequence of directions for others to follow.
(3) Reading.
(A) Using word attack skills to decode written language. The student shall be 
provided opportunities to:
(i) use complex phonics: initial blends, digraphs, and diphthongs;
(ii) use complex structural analysis: root words, common affixes, and 
contractions;
(iii) acquire basic sight vocabulary; and
(iv) use context clues.
(B) Developing vocabulary to understand written material. The student shall be 
provided opportunities to:
(i) relate experiences with appropriate vocabulary in complete sentences;
(ii)  understand the meaning of words in context;
(iii) acquire a reading vocabulary relating to concepts being learned; and
(iv)  alphabetize according to two or more letters.
(C) Using comprehension skills to gain meaning from whatever is read. The 
student shall be provided opportunities to:
(i) identify the main idea of several paragraphs;
(ii) recall important facts and details from a selection;
(iii) arrange events in sequential order;
(iv)  distinguish between fantasy and fact;
(v) summarize a selection;
(vi) identify cause and effect relationships; and
(vii) predict probable future outcomes.
(D) Applying reading skills to a variety of practical situations. The student 
shall be provided opportunities to:
(i) follow written directions;
(ii)  use cadence and stress in oral reading; and
(iii) use basic parts of a book: table of contents, title page.
(E) Developing literary appreciation skills to provide personal enjoyment. The 
student shall be provided opportunities to:
(i) appreciate repetition, rhyme, rhythm, and alliteration;
(ii) respond to various forms of literature;
(iii) become acquainted with a variety of selections, characters, and themes of 
our literary heritage;
(iv) select books for individual needs and interests;
(v) follow story line involving several characters;
(vi) describe the time and setting of a story; and
(vii) understand the feelings and emotions of characters.
(4) Writing.
(A) Using a variety of techniques to select topics and to generate material to 
write about those topics. The student shall be provided opportunities to:
(i) use a variety of prewriting activities as sources for later writing; and
(ii) stay on the topic.
(B) Developing skills in writing effectively for a variety of purposes, modes, 
and audiences. The student shall be provided opportunities to:
(i)  add information omitted in a first draft to subsequent drafts; and
(ii) narrate events in chronological order.
(C) Applying the conventions of writing to produce effective communications. The 
student shall be provided opportunities to:
(i) participate in rewriting conferences;
(ii) analyze structural elements to spell words;
(iii)  use basic conventions of capitalization and punctuation;
(iv)  write legible manuscript letters; and
(v) write complete sentences.
(5) Language. Developing skill in using the grammar of English for effective 
oral and written communications. The student shall be provided opportunities to:
(A) use correct singular and plural forms of regular nouns; and
(B) use correct forms of common irregular verbs and the verb "to be.".
(d) English language arts, grade three. Essential elements described in this 
subsection for English language arts, grade three, shall be superseded by the 
essential elements described in subsection (j) of this section effective 
September 1993. English language arts, grade three, shall include the following 
essential elements.
(1) Listening. Developing skill in attending to, responding to, and analyzing 
oral communications. The student shall be provided opportunities to:
(A) adjust physical conditions to promote listening;
(B) listen to appreciate sound devices of rhythm, rhyme, alliteration, and 
onomatopoeia;
(C) recognize a speaker's purpose for a presentation;
(D) respond to a speaker by asking questions and contributing information; and
(E) distinguish between fact and opinion.
(2) Speaking.
(A) Developing fluency in using oral language to communicate effectively. The 
student shall be provided opportunities to:
(i) engage in creative dramatic activities and nonverbal communication;
(ii) use a variety of words to express feelings and ideas;
(iii) speak clearly to a group; and
(iv)  use visual aids in making oral presentations.
(B) Speaking to accomplish a variety of purposes: informing, expressing, 
persuading, entertaining. The student shall be provided opportunities to:
(i)  elaborate and use description when relating events orally;
(ii)  use a brief set of reasons to persuade a peer or an adult;
(iii)  give a longer set of directions for others to follow; and
(iv)  read stories and poems with appropriate verbal and nonverbal 
communication.
(3) Reading.
(A) Using word attack skills to decode written language. The student shall be 
provided opportunities to:
(i) use more complex phonics including initial clusters, medial diphthongs, and 
digraphs;
(ii) use complex structural analysis to identify words with two or more prefixes 
and/or suffixes;
(iii)  know basic sight vocabulary;
(iv) use context clues for word identification; and
(v) use the dictionary as a key to pronunciation including phonetic respelling 
and use code marks in orthography.
(B) Developing vocabulary to understand written material. The student shall be 
provided opportunities to:
(i) relate experiences with appropriate vocabulary in complete sentences;
(ii) understand the meaning of words in context;
(iii) acquire a reading vocabulary relating to concepts being learned; and
(iv) use the dictionary to determine the meaning of words.
(C) Using comprehension skills to gain meaning from whatever is read. The 
student shall be provided opportunities to:
(i) identify the main idea of a selection;
(ii) recall important facts and details that support the main idea;
(iii)  arrange events in sequential order when signal words are not stated;
(iv) distinguish between fact and nonfact including opinion;
(v) summarize a selection;
(vi) understand the multiple causes of a given event;
(vii) predict probable future outcomes; and
(viii) draw conclusions.
(D) Applying reading skills to a variety of practical situations. The student 
shall be provided opportunities to:
(i) follow two- and three-step directions;
(ii)  develop facility in oral reading for audience;
(iii) use parts of a book: index, glossary;
(iv) use the dictionary and the encyclopedia to locate information; and
(v) use graphic sources for information: simple maps, globes, pictures, 
diagrams, bar graphs.
(E)  Developing literary appreciation skills to provide personal enjoyment. The 
student shall be provided opportunities to:
(i) differentiate between figurative and literal language;
(ii) respond to various forms of literature;
(iii) become acquainted with a variety of selections, characters, and themes of 
our literary heritage;
(iv)  select books for individual needs and interests;
(v) follow plot in longer stories that are not chronological;
(vi) describe the time and setting of a story; and
(vii) understand the feelings and emotions of characters.
(4) Writing.
(A) Using a variety of techniques to select topics and to generate material to 
write about those topics. The student shall be provided opportunities to:
(i) use a variety of prewriting activities as sources for later writing; and
(ii)  expand topics by collecting information from a variety of sources.
(B) Developing skills in writing effectively for a variety of purposes, modes, 
and audiences. The student shall be provided opportunities to:
(i)  classify differences and likenesses of objects and events; and
(ii)  arrange ideas and information, recognizing that drafts are rewritten to 
clarify them.
(C) Applying the conventions of writing to produce effective communications. The 
student shall be provided opportunities to:
(i) participate in rewriting conferences;
(ii) use a systematic method to spell words independently;
(iii) apply conventions of punctuation and capitalization;
(iv) write legible cursive letters; and
(v) join related sentences into paragraphs.
(5) Language. Developing skills in using the grammar of English for effective 
oral and written communication. The student shall be provided opportunities to:
(A) use irregular plurals of nouns correctly;
(B) use subject-verb agreement in person and number;
(C) use modifiers (adjectives and adverbs) correctly;
(D) produce basic sentence patterns and variations; and
(E) use the fundamentals of grammar, punctuation, and spelling.
(e) English language arts, grade four. Essential elements described in this 
subsection for English language arts, grade four, shall be superseded by the 
essential elements described in subsection (k) of this section effective 
September 1993. English language arts, grade four, shall include the following 
essential elements.
(1)  Listening. Developing skills in attending to, responding to, and analyzing 
oral communications. The student shall be provided opportunities to:
(A)  employ active listening in a variety of situations;
(B) listen to appreciate sound devices of rhythm, rhyme, alliteration, and 
onomatopoeia;
(C) recognize a speaker's purpose for a presentation;
(D)  select from an oral presentation the information needed; and
(E)  distinguish between fact and opinion.
(2) Speaking.
(A)  Developing fluency in using oral language to communicate effectively. The 
student shall be provided opportunities to:
(i) engage in creative dramatic activities and nonverbal communication;
(ii) use a variety of words to express feelings and ideas;
(iii) make organized oral presentations; and
(iv) participate on committees and panels and in group problem-solving 
activities.
(B) Speaking to accomplish a variety of purposes: informing, expressing, 
persuading, entertaining. The student shall be provided opportunities to:
(i) adapt content and formality of oral language to fit purpose and audience;
(ii) use a brief set of reasons to persuade a peer or an adult;
(iii) explain how to do something; and
(iv) present stories, puns, riddles, anecdotes, and plays for entertainment.
(3) Reading.
(A) Sing word attack skills to decode writing language. The student shall be 
provided opportunities to:
(i) use complex structural analysis to identify words with two or more prefixes 
and/or suffixes;
(ii) use context clues for word identification; and
(iii) use the dictionary as a key to pronunciation including phonetic 
respelling.
(B) Developing vocabulary to understand written material. The student shall be 
provided opportunities to:
(i)  relate experiences with appropriate vocabulary in complete sentences;
(ii) understand words in context including modifying phrases or clauses;
(iii) understand content area vocabulary; and
(iv)  use the dictionary to determine meaning of words.
(C) Using comprehension skills to gain meaning from whatever is read. The 
student shall be provided opportunities to:
(i) identify an implied main idea;
(ii) recall facts and details that support the main idea;
(iii)  arrange events in sequential order when signal words are not stated;
(iv) distinguish between fact and nonfact including fiction and nonfiction;
(v) summarize a selection;
(vi) identify the multiple causes of a given event or a character's actions;
(vii)  predict probable future outcomes; and
(viii) draw conclusions.
(D) Applying reading skills to a variety of practical situations. The student 
shall be provided opportunities to:
(i)  follow multistep directions;
(ii) develop facility in oral reading for audience;
(iii) use parts of a book such as index, glossary;
(iv) use the dictionary and the encyclopedia to locate information;
(v) use graphic sources for information such as simple maps, globes, pictures, 
diagrams, and bar graphs; and
(vi) adjust the method and rate of reading to the purpose and type of material 
including study-type reading.
(E) Developing literary appreciation skills to provide personal enjoyment. The 
student shall be provided opportunities to:
(i) differentiate between figurative and literal language;
(ii)  respond to various forms of literature;
(iii) become acquainted with a variety of selections, characters, and themes of 
our literary heritage;
(iv) select books for individual needs and interests;
(v) follow plot in longer stories that are not chronological;
(vi) describe the time and setting of story; and
(vii)  understand the feelings and emotions of characters.
(4) Writing.
(A) Using a variety of techniques to select topics and to generate material to 
write about those topics. The student shall be provided opportunities to:
(i) use ideas and information from sources other than personal experiences for 
writing; and
(ii) expand topics by collecting information from a variety of sources.
(B) Developing skills in writing effectively for a variety of purposes, modes, 
and audiences. The student shall be provided opportunities to:
(i) present a set of reasons intended to persuade; and
(ii) delete superfluous information to address the purpose and audience more 
effectively.
(C)  Applying the conventions of writing to produce effective communications. 
The student shall be provided opportunities to:
(i) participate in rewriting conferences;
(ii) use a systematic method to spell words independently;
(iii) apply conventions of punctuation and capitalization;
(iv) write legible cursive letters; and
(v)  join related sentences into paragraphs.
(5) Language. Developing skill in using the grammar of English for effective 
oral and written communication. The student shall be provided opportunities to:
(A) use correct possessive forms of nouns and correct nominative, objective, and 
possessive forms of pronouns;
(B) use correct forms of irregular verbs;
(C) use modifiers (adjectives and adverbs) correctly;
(D)  produce basic sentence patterns and variations; and
(E) use the fundamentals of grammar, punctuation, and spelling.
(f) English language arts, grade five. Essential elements described in this 
subsection for English language arts, grade five, shall be superseded by the 
essential elements described in subsection (1) of this section effective 
September 1993. English language arts, grade five, shall include the following 
essential elements.
(1) Listening. Developing skill in attending to, responding to, and analyzing 
oral communications. The student shall be provided opportunities to:
(A) employ active listening in a variety of situations;
(B)  listen to appreciate sound devices of rhythm, rhyme, alliteration, and 
onomatopoeia;
(C) follow the logical organization of an oral presentation;
(D) select from an oral presentation the information needed; and
(E) detect the use of propaganda and overgeneralizing.
(2) Speaking.
(A) Developing fluency in using oral language to communicate effectively. The 
student shall be provided opportunities to:
(i) engage in creative dramatic activities and nonverbal communication;
(ii) use a variety of words to express feelings and ideas;
(iii) make organized oral presentations; and
(iv)  participate on committees and panels and in group problem-solving 
activities.
(B) Speaking to accomplish a variety of purposes such as informing, expressing, 
persuading, entertaining. The student shall be provided opportunities to:
(i) adapt content and formality of oral language to fit the purpose and 
audience;
(ii) use a set of reasons to persuade a group;
(iii) explain processes; and
(iv)  present stories, puns, riddles, anecdotes, and plays for entertainment.
(3) Reading.
(A) Using word attack skills to decode written language. The student shall be 
provided opportunities to:
(i) use complex structural analysis to identify words with two or more prefixes 
and/or suffixes;
(ii) use context clues for word identification; and
(iii) use the dictionary as a key to pronunciation including phonetic 
respelling.
(B) Developing vocabulary to understand written material. The student shall be 
provided opportunities to:
(i)  relate experiences with appropriate vocabulary in complete sentences;
(ii) use context to understand the meaning of words;
(iii)  understand content area vocabulary; and
(iv) use the dictionary to determine formal and informal language.
(C) Using comprehension skills to gain meaning from whatever is read. The 
student shall be provided opportunities to:
(i) identify an implied main idea of a longer selection;
(ii) recall specific facts and details that support the main idea and/or 
conclusion;
(iii) arrange events in sequential order when sequence is not stated;
(iv) distinguish between fact and nonfact;
(v) summarize a selection;
(vi)  understand cause and effect relationships;
(vii) predict probable future outcomes or actions;
(viii) draw logical conclusions;
(ix) make generalization; and
(x) evaluate and make judgments.
(D) Applying reading skills to a variety of practical situations. The student 
shall be provided opportunities to:
(i)  follow a set of directions;
(ii) develop facility in oral reading for audience;
(iii) use parts of a book such as preface, copyright page;
(iv) use the dictionary and the encyclopedia to locate information;
(v) use graphic sources for information such as tables and lists, charts and 
graphs, maps and globes, timelines, pictures and diagrams, scale drawings, 
transportation schedules; and
(vi) adjust the method and rate of reading to the purpose and type of material 
including study-type reading.
(E) Developing literary appreciation skills to provide personal enjoyment. The 
student shall be provided opportunities to:
(i) recognize that simile and metaphor involve comparison;
(ii)  respond to various forms of literature;
(iii) become acquainted with a variety of selections, characters, and themes of 
our literary heritage;
(iv) select books for individual needs and interests;
(v) recognize differences in first and third person point of view;
(vi) describe the time and setting of story; and
(vii)  explain and relate to the feelings and emotions of characters.
(4)  Writing.
(A) Using a variety of techniques to select topics and to generate material to 
write about those topics. The student shall be provided opportunities to:
(i) use ideas and information from sources other than personal experiences for 
writing; and
(ii) select and narrow a topic for a specific purpose.
(B) Developing skills in writing effectively for a variety of purposes, modes, 
and audiences. The student shall be provided opportunities to:
(i) use chronological and spatial order and order of importance; and
(ii) rearrange information to accomplish a specific purpose with a particular 
audience.
(C) Applying the conventions of writing to produce effective communications. The 
student shall be provided opportunities to:
(i) participate in rewriting conferences;
(ii) spell increasingly complex words;
(iii)  apply increasingly complex conventions of punctuation and capitalization;
(iv) write legible cursive letters; and
(v) use conventional formats (letters and commonly used forms).
(5) Language. Developing skill in using the grammar of English for effective 
oral and written communication. The student shall be provided opportunities to:
(A) use correct agreement between pronouns and antecedents;
(B) use correct forms of irregular verbs;
(C) use modifiers (adjectives and adverbs) correctly;
(D) use all other parts of speech correctly;
(E)  produce a variety of sentence patterns; and
(F) use the fundamentals of grammar, punctuation, and spelling.
(g) English language arts, grade six. Essential elements described in this 
subsection for English language arts, grade six, shall be superseded by the 
essential elements described in subsection (m) of this section effective 
September 1993. English language arts, grade six, shall include the following 
essential elements.
(1) Listening. Developing skill in attending to, responding to, and analyzing 
oral communications. The student shall be provided opportunities to:
(A) employ active listening in a variety of situations;
(B)  listen to appreciate sound devices of rhythm, rhyme, alliteration, and 
onomatopoeia;
(C) follow the logical organization of an oral presentation;
(D) select from an oral presentation the information needed; and
(E) determine a speaker's motive, bias, and point of view.
(2) Speaking.
(A) Developing fluency in using oral language to communicate effectively. The 
student shall be provided opportunities to:
(i) engage in creative dramatic activities and nonverbal communication;
(ii) use a variety of words to express feelings and ideas;
(iii) manipulate articulation, rate, volume, and physical movement in oral 
presentations; and
(iv) respond to thoughts expressed by others through clarifying, qualifying, and 
extending ideas.
(B)  Speaking to accomplish a variety of purposes such as informing, expressing, 
persuading, and entertaining. The student shall be provided opportunities to:
(i) adapt content and formality of oral language to fit purpose and audience;
(ii) use a set of reasons to persuade a group;
(iii)  explain processes; and
(iv) relate stories, puns, riddles, anecdotes, and plays for entertainment.
(3) Reading.
(A) Using word attack skills to decode written language. The student shall be 
provided opportunities to:
(i) use complex structural analysis to identify words with two or more prefixes 
and/or suffixes;
(ii) use context clues for word identification; and
(iii) use the dictionary as a key to pronunciation including phonetic 
respelling.
(B) Developing vocabulary to understand written material. The student shall be 
provided opportunities to:
(i) relate experiences with appropriate vocabulary in complete sentences;
(ii) use context to understand the meaning of words;
(iii) understand content area vocabulary; and
(iv) use the dictionary to determine word origins and word histories.
(C) Using comprehension skills to gain meaning from whatever is read. The 
student shall be provided opportunities to:
(i)  identify an implied main idea of a longer selection;
(ii)  recall specific facts and details that support the main idea and/or 
conclusion;
(iii) arrange events in sequential order including time and degree of 
importance;
(iv) recognize various persuasive devices;
(v) summarize a selection;
(vi) understand cause and effect relationships;
(vii) predict probable future outcomes or actions;
(viii) draw logical conclusions;
(ix) make generalizations; and
(x) evaluate and make judgments.
(D)  Applying reading skills to a variety of practical situations. The student 
shall be provided opportunities to:
(i) follow complex directions;
(ii) develop facility in oral reading for audience;
(iii)  use parts of a book such as footnotes and appendices;
(iv)  use periodicals, card catalogs, and reference works to locate information;
(v) compare the information on charts, graphs, tables, and lists; and
(vi) adjust the method and rate of reading to the purpose and type of material 
including study-type reading.
(E)  Developing literary appreciation skills to provide personal enjoyment. The 
student shall be provided opportunities to:
(i) recognize personification as a literary device;
(ii) respond to various forms of literature;
(iii) become acquainted with a variety of selections, characters, and themes of 
our literary heritage;
(iv) select books for individual needs and interests;
(v) recognize differences in first and third person points of view;
(vi) describe the time and setting of story; and
(vii) explain and relate to the feelings and emotions of characters.
(4) Writing.
(A) Using a variety of techniques to select topics and to generate material to 
write about those topics. The student shall be provided opportunities to:
(i) generate material for writing independently and in a variety of ways; and
(ii)  select and narrow a topic for a specific purpose.
(B) Developing skills in writing effectively for a variety of purposes, modes, 
and audiences. The student shall be provided opportunities to:
(i) vary word choice to accommodate the purpose and audience; and
(ii) use chronological and spatial order and order of importance.
(C) Applying the conventions of writing to produce effective communications. The 
student shall be provided opportunities to:
(i) participate in rewriting conferences;
(ii) spell increasingly complex words;
(iii)  apply increasingly complex conventions of punctuation and capitalization;
(iv) write legible cursive letters;
(v) include in paragraphs a variety of kinds of complete sentences; and
(vi) use conventional formats (letters and commonly used forms).
(5) Language. Developing skills in using the grammar of English for effective 
oral and written communication. The student shall be provided opportunities to:
(A) use correct agreement between pronouns and antecedents;
(B) use correct subject-verb agreement with personal pronouns, indefinite 
pronouns, and compound subjects;
(C) use modifiers (adjectives and adverbs) correctly;
(D) use all other parts of speech correctly;
(E) produce, coordinate, and subordinate sentence elements appropriate to 
meaning; and
(F) use the fundamentals of grammar, punctuation, and spelling.
(h)  English language arts, grade one. Essential elements for English language 
arts, grade one, as described in this subsection shall be effective September 
1993. English language arts, grade one, shall include the following essential 
elements which include recursive processes as well as products within integrated 
strands of English language arts.
(1) Integrated listening and speaking behaviors to receive and produce meaning. 
The student shall be presented opportunities to:
(A) listen attentively in different settings for a variety of purposes:
(i) focus attention on and listen to both adult and peer speakers during large 
and small group interactions;
(ii)  listen to receive direction, gain information, and enhance appreciation of 
language; and
(iii) respond to a speaker by retelling what was heard, by asking questions; 
and/or contributing information; and
(B)  speak fluently in different settings for a variety of purposes and 
audiences:
(i) use a variety of words to convey meaning;
(ii)  describe personal ideas, feelings, and experiences;
(iii)  entertain others with stories, poems, and dramatic activities;
(iv)  give directions;
(v) share information; and
(vi)  develop skill in using the conventions of English to produce effective 
oral communication;
(2) Integrated vocabulary and comprehension concepts and strategies using a 
variety of literary forms (genres) and other meaningful forms of print. The 
student shall be presented opportunities to:
(A) develop vocabulary to understand written language in meaningful context:
(i) understand that words are composed of sounds and sounds of words are 
represented by alphabetic letters;
(ii) use phonological awareness to decode written language;
(iii) understand and apply basic sound-spelling patterns in the context of 
connected text;
(iv) apply developmentally appropriate use of sound/symbol relationships and 
structural analysis for independent decoding of words, including the use of 
morphemes;
(v) acquire automatic recognition of words to enhance proficiency, accuracy, and 
fluency; and
(vi)  understand the meaning of new words using contextual and structural 
analysis strategies;
(B) use comprehension strategies to construct meaning from text:
(i) set an appropriate purpose for reading and/or listening;
(ii) develop literal meaning through recognition of details and sequential 
order;
(iii) develop global meaning by telling what the story is mainly about and 
giving an oral summary;
(iv)  develop inferential meaning by analyzing a variety of texts, including 
literature, to make predictions; and
(v) evaluate a variety of texts, including literature, using strategies such as 
distinguishing fact from fantasy;
(C) develop and use study strategies:
(i) follow simple directions;
(ii) locate information using parts of a book; and
(iii) alphabetize words according to initial letters; and
(D) develop literary appreciation:
(i) select books for individual needs and interests;
(ii) respond to various forms of literature representing the diversity of our 
literary heritage and contemporary culture;
(iii) use setting, characterization, and story line to gain meaning;
(iv) appreciate the use of rhyme, rhythm, and pattern; and
(v) participate in cooperative learning and a variety of oral activities to 
elicit meaning from written text.
(3) 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 presented 
opportunities to:
(A) use a variety of techniques to select topics and to generate material to 
write about these topics:
(i) generate ideas using a variety of prewriting strategies;
(ii) gather information and ideas from a variety of sources including personal 
experiences and literature; and
(iii) select topics of interest to self and others;
(B)  draft compositions for specific audiences and purposes in a variety of 
modes:
(i) write descriptions using spatial order; and
(ii)  write narratives to tell stories in chronological order;
(C)  revise compositions using peer interaction, conferences, and self-
assessment techniques:
(i) recognize that the function of first-draft writing is to capture ideas; and
(ii) add information and ideas to the first draft;
(D) develop skill in using the conventions of English to produce effective 
written communication:
(i) use standard forms of regular nouns and verbs;
(ii) apply basic conventions of capitalization and punctuation;
(iii) apply developmentally appropriate spelling generalizations; and
(iv) write legible manuscript letters; and
(E) share products of composition in a variety of ways.
(i) English language arts, grade two. Essential elements for English language 
arts, grade two, as described in this subsection shall be effective September 
1993. English language arts, grade two, shall include the following essential 
elements which include recursive processes as well as products within integrated 
strands of English language arts.
(1)  Integrated listening and speaking behaviors to receive and produce meaning. 
The student shall be presented opportunities to:
(A) listen attentively in different settings for a variety of purposes:
(i) focus attention on and listen to both adult and peer speakers during large 
and small group interactions;
(ii) listen to receive direction, gain information, and enhance appreciation of 
language; and
(iii)  respond to a speaker by retelling what was heard, by asking questions, 
and/or contributing information; and
(B) speak fluently in different settings for a variety of purposes and 
audiences:
(i) use a variety of words to convey meaning;
(ii) describe personal ideas, feelings, and experiences;
(iii) entertain others with stories, poems, and dramatic activities;
(iv) give directions;
(v) share information; and
(vi) develop skill in using the conventions of English to produce effective oral 
communication.
(2) Integrated vocabulary and comprehension concepts and strategies using a 
variety of literary forms (genres) and other meaningful forms of print. The 
student shall be presented opportunities to:
(A) develop vocabulary to understand written language in meaningful context:
(i) understand that words are composed of sounds and sounds of words are 
represented by alphabetic letters;
(ii) use phonological awareness to decode written language;
(iii) understand and apply basic sound-spelling patterns in the context of 
connected text;
(iv) apply developmentally appropriate use of sound/symbol relationships and 
structural analysis for independent decoding of words, including the use of 
morphemes;
(v) acquire automatic recognition of words to enhance proficiency, accuracy, and 
fluency;
(vi) understand the meaning of new words using contextual and structural 
analysis strategies; and
(vii) acquire a reading vocabulary relating to concepts being learned;
(B) use comprehension strategies to construct meaning from text:
(i) set an appropriate purpose for reading and/or listening;
(ii) develop literal meaning through recognition of details and sequential 
order;
(iii) develop global meaning by analyzing a piece of text to identify the main 
idea and to develop an oral summary;
(iv) develop inferential meaning by analyzing a variety of texts, including 
literature, using strategies such as determining cause and effect, predicting 
outcomes, and drawing conclusions; and
(v) evaluate a variety of texts, including literature, using strategies such as 
distinguishing fact from fantasy;
(C) develop and use study strategies:
(i) follow simple written directions;
(ii) locate information using parts of a book;
(iii)  alphabetize words according to two or more letters; and
(iv)  interpret graphic sources in meaningful context; and
(D)  develop literary appreciation:
(i) select books for individual needs and interests;
(ii) respond to various forms of literature representing the diversity of our 
literary heritage and contemporary culture;
(iii) use setting, characterization, and story line to gain meaning;
(iv) appreciate the use of rhyme, rhythm, and pattern; and
(v)  participate in cooperative learning and a variety of oral activities to 
elicit meaning from written text.
(3) 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 presented 
opportunities to:
(A)  use a variety of techniques to select topics and to generate material to 
write about those topics;
(i) generate ideas using a variety of prewriting strategies;
(ii) gather information and ideas from a variety of sources including personal 
experiences and literature; and
(iii)  select topics of interest to self and others;
(B) draft compositions for specific audiences and purposes in a variety of 
modes:
(i)  write descriptions using spatial order;
(ii) write narratives to tell stories and to inform in chronological order;
(iii)  write in a variety of literary forms; and
(iv) write simple correspondence;
(C) revise compositions using peer interaction, conferences, and self-assessment 
techniques:
(i) add and arrange information and ideas to the first draft; and
(ii) revise to include a variety of word choices;
(D) develop skill in using the conventions of English to produce effective 
written communication:
(i)  use standard forms of nouns, verbs, and adjectives;
(ii)  apply basic conventions of capitalization and punctuation;
(iii)  apply developmentally appropriate spelling generalizations;
(iv)  write legible manuscript letters; and
(v) recognize and produce complete sentences in student-generated writing; and
(E) share the products of composition in a variety of ways.
(j) English language arts, grade three. Essential elements for English language 
arts, grade three, as described in this subsection shall be effective September 
1993. English language arts, grade three, shall include the following essential 
elements which include recursive processes as well as products within integrated 
strands of English language arts.
(1) Integrated listening and speaking behaviors to receive and produce meaning. 
The student shall be presented opportunities to:
(A) listen attentively in different settings for a variety of purposes:
(i) focus attention on and listen to both adult and peer speakers during large 
and small group interactions;
(ii) listen to receive direction, gain information, and enhance appreciation of 
language;
(iii)  respond to a speaker by retelling what was heard, by asking questions, 
and/or contributing information; and
(iv) analyze and evaluate the intent and content of the speaker's message; and
(B) speak fluently in different settings for a variety of purposes and 
audiences:
(i) use a variety of words to convey meaning;
(ii) describe personal ideas, feelings, and experiences;
(iii) entertain others with stories, poems, and dramatic activities;
(iv) give directions;
(v)  share information;
(vi) classify differences and likenesses of objects and events;
(vii) persuade others using language appropriate to the listener; and
(viii) develop skill in using the conventions of English to produce effective 
oral communication.
(2)  Integrated vocabulary and comprehension concepts and strategies using a 
variety of literary forms (genres) and other meaningful forms of print. The 
student shall be presented opportunities to:
(A) develop vocabulary to understand written language in meaningful context:
(i) apply developmentally appropriate use of context with phonetic and/or 
structural clues for independent decoding of words:
(ii) acquire automatic recognition of words to enhance proficiency, accuracy, 
and fluency;
(iii)  understand the meaning of new words using contextual and structural 
analysis strategies; and
(iv) acquire a reading vocabulary relating to concepts being learned;
(B) use comprehension strategies to construct meaning from text:
(i) set an appropriate purpose for reading and/or listening;
(ii) develop literal meaning through recognition of details and sequential 
order;
(iii) develop global meaning by analyzing a piece of text to identify the main 
idea and to develop a summary;
(iv) develop inferential meaning by analyzing a variety of texts, including 
literature, using strategies such as determining cause and effect, predicting 
outcomes, and drawing conclusions; and
(v)  evaluate a variety of texts, including literature, using strategies such as 
distinguishing fact from opinion;
(C) develop and use study strategies:
(i) follow written directions;
(ii) locate information using parts of a book;
(iii) locate information using the dictionary and encyclopedia;
(iv) interpret graphic sources in meaningful context;
(v) adjust the method and rate of reading to the purpose of the material; and
(vi) develop note-taking and test-taking strategies; and
(D) develop literary appreciation:
(i)  select books for individual needs and interests;
(ii)  respond to various forms of literature representing the diversity of our 
literary heritage and contemporary culture;
(iii) use setting, characterization, and story line to gain meaning;
(iv) appreciate the use of sound devices and figurative language as they 
contribute to meaning; and
(v) participate in cooperative learning and a variety of oral activities to 
elicit meaning from written text.
(3) 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 presented 
opportunities to:
(A) use a variety of techniques to select topics and to generate material to 
write about those topics:
(i) generate ideas using a variety of prewriting strategies;
(ii) gather information and ideas from a variety of sources including personal 
experiences and literature; and
(iii) select topics of interest to self and others;
(B)  draft compositions for specific audiences and purposes in a variety of 
modes:
(i) write descriptions using spatial order;
(ii)  write narratives to tell stories and to inform in chronological order;
(iii) write in a variety of literary forms; and
(iv)  write simple correspondence;
(C) revise compositions using peer interaction, conferences, and self-assessment 
techniques:
(i) add and rearrange information and ideas to the first draft and subsequent 
drafts;
(ii) revise to include a variety of word choices; and
(iii)  revise by combining sentence parts and sentences to convey intended 
meaning;
(D) develop skill in using the conventions of English to produce effective 
written communication:
(i) use standard forms of nouns, verbs, adjectives, and adverbs;
(ii) use correct subject-verb agreement;
(iii) apply basic conventions of capitalization and punctuation;
(iv) apply developmentally appropriate spelling generalizations;
(v) write legible manuscript/cursive letters;
(vi) recognize and produce complete sentences in student-generated writing; and
(vii) group related sentences into paragraphs; and
(E) share products of composition in a variety of ways.
(k) English language arts, grade four. Essential elements for English language 
arts, grade four, as described in this subsection shall be effective September 
1993. English language arts, grade four, shall include the following essential 
elements which include recursive processes as well as products within integrated 
strands of English language arts.
(1)  Integrated listening and speaking behaviors to receive and produce meaning. 
The student shall be presented opportunities to:
(A) listen attentively in different settings for a variety of purposes:
(i) focus attention on and listen to both adult and peer speakers during large 
and small group interactions;
(ii) listen to receive direction, gain information, and enhance appreciation of 
language;
(iii) respond to a speaker by retelling what was heard, by asking questions, 
and/or contributing information; and
(iv) analyze and evaluate the intent and content of the speaker's message; and
(B) speak fluently in different settings for a variety of purposes and 
audiences:
(i) use a variety of words to convey meaning;
(ii) describe personal ideas, feelings, and experiences;
(iii) entertain others with stories, poems, and dramatic activities;
(iv) give directions;
(v) share information;
(vi) persuade others using language appropriate to the listener; and
(vii) develop skill in using the conventions of English to produce effective 
oral communication.
(2) Integrated vocabulary and comprehension concepts and strategies using a 
variety of literary forms (genres) and other meaningful forms of print. The 
student shall be presented opportunities to:
(A) develop vocabulary to understand written language in meaningful context:
(i) apply developmentally appropriate use of context with phonetic and/or 
structural clues for independent decoding of words;
(ii) acquire automatic recognition of words to enhance proficiency, accuracy, 
and fluency;
(iii) understand the meaning of new words using contextual and structural 
analysis strategies; and
(iv) acquire a reading vocabulary relating to concepts being learned;
(B) use comprehension strategies to construct meaning from text:
(i) set an appropriate purpose for reading and/or listening;
(ii) develop literal meaning through recognition of details and sequential 
order;
(iii) develop global meaning by analyzing a piece of text to identify the main 
idea and to develop a summary;
(iv)  develop inferential meaning by analyzing a variety of texts, including 
literature, using strategies such as determining cause and effect, predicting 
outcomes, and drawing conclusions; and
(v) evaluate a variety of texts, including literature, using strategies such as 
distinguishing fact from opinion and making generalizations;
(C) develop and use study strategies:
(i) follow written directions;
(ii) locate information using parts of a book;
(iii) locate information using the dictionary, encyclopedia, and other library 
references including data base searching strategies;
(iv) interpret graphic sources in meaningful context;
(v) adjust the method and rate of reading to the purpose of the material; and
(vi) develop note-taking and test-taking strategies; and
(D) develop literary appreciation:
(i)  select books for individual needs and interests;
(ii)  respond to various forms of literature representing the diversity of our 
literary heritage and contemporary culture;
(iii) use setting, characterization, story line, author's technique, and point 
of view to gain meaning;
(iv) appreciate the use of sound devices and figurative language as they 
contribute to meaning; and
(v) participate in cooperative learning and a variety of oral activities to 
elicit meaning from written text.
(3) 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 presented 
opportunities to:
(A) use a variety of techniques to select topics and to generate material to 
write about these topics:
(i) generate ideas using a variety of prewriting strategies;
(ii) gather information and ideas from a variety of sources including personal 
experiences and literature; and
(iii) select topics of interest to self and others;
(B) draft compositions for specific audiences and purposes in a variety of 
modes:
(i) write descriptions using spatial order;
(ii) write narratives to tell stories and to inform in chronological order;
(iii) classify differences and likenesses and advantages and disadvantages of 
objects and events;
(iv) present a set of reasons to persuade using order of importance;
(v) write in a variety of literary forms; and
(vi)  write using a variety of correspondence formats;
(C) revise compositions using peer interaction, conferences, and self-assessment 
techniques:
(i) add, delete, and rearrange information and ideas to first drafts and 
subsequent drafts to address the purpose and audience effectively;
(ii) revise to include a variety of word choices;
(iii)  revise by combining sentences parts and sentences to convey intended 
meaning;
(iv) evaluate revisions made by self and others; and
(v) group related sentences into paragraphs;
(D) develop skill in using the conventions of English to produce effective 
written communication:
(i) use standard forms of nouns, verbs, adjectives, adverbs and pronouns;
(ii) apply basic conventions of capitalization and punctuation;
(iii) apply developmentally appropriate spelling generalizations;
(iv) write legible manuscript/cursive letters; and
(v) recognize and produce complete sentences in student-generated writing; and
(E) share products of composition in a variety of ways.
(l) English language arts, grade five. Essential elements for English language 
arts, grade five, as described in this subsection shall be effective September 
1993. English language arts, grade five, shall include the following essential 
elements which include recursive processes as well as products within integrated 
strands of English language arts.
(1)  Integrated listening and speaking behaviors to receive and produce meaning. 
The student shall be presented opportunities to:
(A) listen attentively in different settings for a variety of purposes:
(i) focus attention on and listen to both adult and peer speakers during large 
and small group interactions;
(ii) listen to receive direction, gain information, and enhance appreciation of 
language;
(iii) respond to a speaker by retelling what was heard, by asking questions, 
and/or contributing information; and
(iv) analyze and evaluate the intent and content of the speaker's message; and
(B) speak fluently in different settings for a variety of purposes and 
audiences:
(i) use a variety of words to convey meaning;
(ii) describe personal ideas, feelings, and experiences;
(iii) entertain others with stories, poems, and dramatic activities;
(iv) give directions;
(v) share information;
(vi) persuade others using language appropriate to the listener; and
(vii) develop skill in using the conventions of English to produce effective 
oral communication;
(2) integrated vocabulary and comprehension concepts and strategies using a 
variety of literary forms (genres) and other meaningful forms of print. The 
student shall be presented opportunities to:
(A) develop vocabulary to understand written language in meaningful context:
(i) apply developmentally appropriate use of context with phonetic and/or 
structural clues for independent decoding of words;
(ii) acquire automatic recognition of words to enhance proficiency, accuracy, 
and fluency;
(iii) understand the meaning of new words using contextual and structural 
analysis strategies; and
(iv) acquire a reading vocabulary relating to concepts being learned;
(B) use comprehension strategies to construct meaning from text:
(i) set an appropriate purpose for reading and/or listening;
(ii) develop literal meaning through recognition of details and sequential 
order;
(iii) develop global meaning by analyzing a piece of text to identify the main 
idea and to develop a summary;
(iv)  develop inferential meaning by analyzing a variety of texts, including 
literature, using strategies such as determining cause and effect, predicting 
outcomes, and drawing conclusions; and
(v) evaluate a variety of texts, including literature, using strategies such as 
distinguishing fact from opinion and making generalizations;
(C) develop and use study strategies:
(i) follow written directions;
(ii) locate information using parts of a book;
(iii) locate information using the dictionary, encyclopedia, and other library 
references including data base searching strategies;
(iv) interpret graphic sources in meaningful context;
(v) adjust the method and rate of reading to the purpose of the material; and
(vi) develop note-taking and test-taking strategies; and
(D) develop literary appreciation:
(i)  select books for individual needs and interests;
(ii)  respond to various forms of literature representing the diversity of 
ourliterary heritage and contemporary culture;
(iii) use setting, characterization, story line, author's technique, and point 
of view to gain meaning;
(iv) appreciate the use of sound devices and figurative language as they 
contribute to meaning; and
(v) participate in cooperative learning and a variety of oral activities to 
elicit meaning from written text.
(3) 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 presented 
opportunities to:
(A) use a variety of techniques to select topics and to generate material to 
write about those topics:
(i) generate ideas using a variety of prewriting strategies;
(ii) gather information and ideas from a variety of sources including personal 
experiences and literature; and
(iii) select topics of interest to self and others;
(B) draft compositions for specific audiences and purposes in a variety of 
modes:
(i) write descriptions using spatial order;
(ii) write narratives to tell stories and to inform in chronological order;
(iii) classify differences and likenesses and advantages and disadvantages of 
objects and events;
(iv) present a set of reasons to persuade using order of importance;
(v) write in a variety of literary forms; and
(vi)  write using a variety of correspondence formats;
(C) revise compositions using peer interaction, conferences, and self-assessment 
techniques:
(i) add, delete, and rearrange information and ideas to first drafts and 
subsequent drafts to address the purpose and audience effectively;
(ii) revise to include a variety of word choices;
(iii)  revise by combining sentence parts and sentences to produce a variety of 
sentence structures to convey intended meaning; and
(iv) evaluate revisions made by self and others;
(D) develop skill in using the conventions of English to produce effective 
written communication:
(i)  use standard forms of nouns, verbs, adjectives, adverbs, and pronouns;
(ii) use correct subject-verb agreement;
(iii) apply increasingly complex conventions of capitalization and punctuation;
(iv)  apply developmentally appropriate spelling generalizations;
(v)  write legible manuscript/cursive letters;
(vi) recognize and produce complete sentences in student-generated writing; and
(vii)  group related sentences into paragraphs; and
(E) share products of composition in a variety of ways.
(m) English language arts, grade six. Essential elements for English language 
arts, grade six, as described in this subsection shall be effective September 
1993. English language arts, grade six, shall include the following essential 
elements which include recursive processes as well as products within integrated 
strands of English language arts.
(1) Integrated listening and speaking behaviors to receive and produce meaning. 
The student shall be presented opportunities to:
(A) listen attentively in different settings for a variety of purposes:
(i)  focus attention on and listen to both adult and peer speakers during large 
and small group interactions;
(ii) listen to receive direction, gain information, and enhance appreciation of 
language;
(iii)  respond to a speaker by retelling what was heard, by asking questions, 
and/or contributing information; and
(iv) analyze and evaluate the intent and content of the speaker's message; and
(B) speak fluently in different settings for a variety of purposes and 
audiences:
(i) use a variety of words to convey meaning;
(ii) describe personal ideas, feelings, and experiences;
(iii) entertain others with stories, poems, and dramatic activities;
(iv) give directions;
(v)  share information;
(vi) persuade others using language appropriate to the listener; and
(vii) develop skill in using the conventions of English to produce effective 
oral communication.
(2)  Integrated vocabulary and comprehension concepts and strategies using a 
variety of literary forms (genres) and other meaningful forms of print, 
including nonfiction. The student shall be presented opportunities to:
(A)  develop vocabulary to understand written language in meaningful context:
(i) use context and structural analysis to understand the meaning of words;
(ii) choose appropriate meanings of multimeaning words; and
(iii) acquire a reading vocabulary relating to concepts being learned;
(B) use comprehension strategies to construct meaning from text:
(i) set an appropriate purpose for reading and/or listening;
(ii) develop literal meaning through recognition of details and sequential 
order;
(iii) develop global meaning by analyzing a piece of text to identify the main 
idea and to develop a summary;
(iv)  develop inferential meaning by analyzing a variety of texts, including 
literature, using strategies such as determining cause and effect, predicting 
outcomes, and drawing conclusions; and
(v) evaluate a variety of texts, including literature, using strategies such as 
distinguishing fact from opinion, making generalizations, and recognizing 
persuasive techniques;
(C)  develop and use study strategies:
(i) follow written directions;
(ii) locate information using parts of a book;
(iii)  locate information using the dictionary, encyclopedia, and other library 
references including data base searching strategies;
(iv) interpret graphic sources in meaningful context;
(v) adjust the method and rate of reading to the purpose of the material; and
(vi) develop note-taking and test-taking strategies in a variety of contexts; 
and
(D)  develop literary appreciation:
(i) select books for individual needs and interests;
(ii) respond to various forms of literature representing the diversity of our 
literary heritage and contemporary culture;
(iii) use setting, characterization, story line, author's technique, and point 
of view to gain meaning;
(iv) appreciate the use of sound devices and figurative language as they 
contribute to meaning; and
(v)  participate in cooperative learning and a variety of oral activities to 
elicit meaning from written text.
(3) 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 presented 
opportunities to:
(A)  use a variety of techniques to select and narrow topics and to generate 
material to write about those topics:
(i) generate ideas using a variety of prewriting strategies;
(ii) gather information and ideas from a variety of sources including personal 
experiences and literature; and
(iii) select topics of interest to self and others;
(B)  draft compositions for specific audiences and purposes in a variety of 
modes:
(i) write for expressive, informative, persuasive, and literary purposes;
(ii) write in narrative, descriptive, classificatory, and evaluative modes;
(iii) write paragraphs, multi-paragraph compositions, and compositions 
synthesizing information from various sources;
(iv) write in a variety of literary forms; and
(v)  write in conventional formats (letters and commonly used forms);
(C) revise compositions using peer interaction, conferences, and self-assessment 
techniques:
(i) add, delete, and rearrange information and ideas to first drafts and 
subsequent drafts to address the purpose and audience effectively;
(ii) revise to include a variety of word choices to convey intended meaning;
(iii) revise by using coordination and subordination of sentence parts and 
sentences to produce a variety of sentence structures to convey intended 
meaning;
(iv)  proofread final drafts for effective language usage and syntax; 
conventional punctuation, capitalization, spelling, and legibility as well as 
manuscript form; and
(v) evaluate revisions made by self and others; and
(D) share products of composition in a variety of ways.
sec.75.24. Primary Language for Bilingual Education.
(a)  Primary language for bilingual education, grade one. Primary language for 
bilingual education, grade one, shall include the following essential elements.
(1) Oral language development. The student shall be provided opportunities to:
(A) listen and speak, including phonological and word awareness. Opportunities 
to listen attentively and articulate in meaningful context shall be presented to 
the student through:
(i) vowel sounds;
(ii) consonant sounds including n, rr, ll, and ch;
(iii)  diphthongs;
(iv) simple and complex syllables; and
(v)  monosyllabic and multisyllabic words;
(B) listen and speak, including syntactical and semantic awareness. 
Opportunities to listen attentively and articulate shall be presented to the 
student through:
(i)  simple sentences;
(ii) simple sentences with modifiers;
(iii) simple sentences with meanings changed through intonation, such as 
statements, questions; and
(iv) complex sentences utilizing various forms of speech;
(C) listen and speak, including pragmatic awareness. Opportunities to listen 
attentively and articulate shall be presented to the student through:
(i) examples of familiar and formal pronouns in appropriate contexts; and
(ii) conventional discourse related to courtesy in a variety of contexts;
(D) listen and speak, including vocabulary expansion. Opportunities to listen 
attentively and articulate shall be presented to the student through:
(i) events from personal experience;
(ii) vocabulary for following directions, requesting information, description, 
story-telling, observing detail, and various forms for communicating new ideas;
(iii) vocabulary for use in mathematics, science, and social studies;
(iv) synonyms and antonyms; and
(v) prepositions.
(2) Listening attentively in different settings for a variety of purposes. The 
student shall be provided opportunities to:
(A) focus attention on both adult and peer speakers during large and small group 
interactions;
(B) listen to receive direction, gain information, and enhance appreciation of 
language; and
(C)  respond to a speaker by retelling what was heard, by asking questions, 
and/or contributing information.
(3) Speaking fluently in different settings for a variety of purposes and 
audiences. The student shall be provided opportunities to:
(A) speak clearly and at an appropriate rate;
(B) use a variety of words to convey meaning;
(C) express personal ideas, feelings, and experiences;
(D) entertain others with stories, poems, and dramatic activities;
(E) give directions;
(F)  share information; and
(G) develop skill in using the conventions of Spanish to produce effective oral 
communication.
(4) Comprehension and development of writing skills. The student shall be 
provided opportunities to:
(A) recognize vowels and consonants of the Spanish alphabet including consonants 
with more than one sound;
(B) recognize silent letters in syllables: h, gue, gui, que, qui;
(C) recognize dieresis marks appropriately;
(D) recognize written accents according to conventional usage;
(E) recognize the correct spelling of words;
(F) recognize and spell words appropriately using v or b; r or rr; y or ll; c, 
h, g, or ch; g, j, or x; i or y; s, c, or z;
(G) use capital letters appropriately;
(H) use punctuation marks appropriately;
(I) use word roots, prefixes, and suffixes;
(J) develop examples of written description and narration;
(K) recognize and use verb conjugations appropriately;
(L) relate experiences in written form (e.g., journals);
(M) recognize gender agreement;
(N)  recognize number agreement;
(O) recognize agreement of subject and verb;
(P) recognize correct verb tense and form of regular verbs;
(Q) recognize complete sentences;
(R) recognize correct use of accent marks; and
(S) share with peers as part of the writing process.
(5) Using comprehension strategies to bring meaning to print. The student shall 
be provided opportunities to:
(A) acquire automatic recognition of words to enhance fluency;
(B) develop literal meaning through recognition of details and sequential order;
(C) develop global meaning by telling what the story is about and giving an oral 
summary;
(D)  determine meanings of specialized/technical and unfamiliar words by using 
context clues appropriate for grade level;
(E) develop inferential meaning by analyzing literature using strategies (e.g., 
determining cause and effect, predicting outcomes, and drawing conclusions);
(F) follow written directions;
(G) evaluate literature using strategies such as distinguishing fact from 
fantasy;
(H) use setting, characterization, and story line to gain meaning; and
(I) understand the feelings and emotions of characters.
(6) Development of literary appreciation. The student shall be provided 
opportunities to:
(A) select books for individual needs and interests;
(B) respond to various forms of literature including the literary heritage of 
the Hispanic culture concentrating on the Southwest; and
(C) appreciate the use of rhyme, rhythm, and pattern.
(b) Primary language for bilingual education, grade two. Primary language for 
bilingual education, grade two, shall include the following essential elements.
(1) Integrating listening and speaking behaviors to receive and produce meaning. 
The student shall be provided opportunities to:
(A) focus attention on both adult and peer speakers during large and small group 
interaction;
(B) listen to receive direction, gain information, and enhance appreciation of 
language; and
(C) respond to a speaker by retelling what was heard, by asking questions, 
and/or contributing information.
(2) Speaking fluently in different settings for a variety of purposes and 
audiences. The student shall be provided opportunities to:
(A) speak clearly and at an appropriate rate;
(B) use a variety of words to convey meaning;
(C) express personal ideas, feelings, and experiences;
(D) entertain others with stories, poems, and dramatic activities;
(E) give directions;
(F) share information; and
(G) develop skill in using the conventions of Spanish to produce effective oral 
communication.
(3) Using comprehension strategies to bring meaning to print. The student shall 
be provided opportunities to:
(A)  develop literal meaning through recognition of details and sequential 
order;
(B) develop global meaning by analyzing a piece of text to identify the stated 
or paraphrased main idea and to develop a written summary;
(C)  determine meanings of specialized/technical and unfamiliar words by using 
context clues appropriate for grade level;
(D) determine meanings of words by using prefixes and suffixes;
(E) develop inferential meaning by analyzing literature using strategies such as 
determining cause and effect, predicting outcomes, and drawing conclusions;
(F) follow written directions; and
(G) evaluate literature using strategies such as distinguishing fact from 
fantasy.
(4) Developing literary appreciation. The student shall be provided 
opportunities to:
(A) select books for individual needs and interests;
(B) respond to various forms of literature representing the literary heritage of 
the Hispanic culture;
(C)  use setting, characterization, and story line to gain meaning;
(D)  understand the feelings and emotions of characters; and
(E)  appreciate the use of rhyme, rhythm, and pattern.
(5) Integrating 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:
(A) generate ideas using a variety of prewriting strategies;
(B) gather information and ideas from a variety of sources including personal 
experiences and literature;
(C) select topics of interest to self and others;
(D) write descriptions using spatial order;
(E) write narratives to tell stories and to inform in chronological order;
(F) write complete sentences and avoid fragments;
(G)  write in a variety of literary forms;
(H) write simple correspondence; and
(I) write persuasion.
(6) Developing skill in using the conventions of Spanish to produce effective 
written communication. The student shall be provided opportunities to:
(A) use standard forms of nouns, regular and irregular verbs, and adjectives 
with appropriate gender, number, person, and verb tense in compositions;
(B) use correct subject-verb agreement with personal pronouns and simple 
subjects;
(C)  apply basic orthographic conventions of capitalization and punctuation;
(D) apply developmentally appropriate spelling generalizations;
(E)  use dieresis marks appropriately;
(F) recognize and use accent marks appropriately;
(G) recognize and use gender agreement appropriately;
(H) recognize and using number agreement appropriately; and
(I) recognize and using agreement of subject and verb appropriately.
(c) Primary language for bilingual education, grade three. Primary language for 
bilingual education, grade three, shall include the following essential 
elements.
(1) Integration of listening and speaking behaviors to receive and produce 
meaning. The student shall be provided opportunities to:
(A) focus attention on both adult and peer speakers during large and small group 
interaction;
(B) listen to receive direction, gain information, and enhance appreciation of 
language;
(C) respond to a speaker by retelling what was heard, by asking questions, 
and/or contributing information;
(D) analyze and evaluate the intent and content of the speakers' message;
(E) speak clearly and at an appropriate rate;
(F) use a variety of words to convey meaning;
(G) express personal ideas, feelings, and experiences;
(H) entertain others with stories, poems, and dramatic activities;
(I) give directions;
(J)  share information;
(K) persuade others using language appropriate to the listener; and
(L) develop skill in using the conventions of Spanish to produce effective oral 
communication.
(2) Integration of vocabulary and comprehension concepts and strategies using a 
variety of literary forms (genres) and other meaningful forms of print. The 
student shall be provided opportunities to:
(A) understand the meaning of new words using contextual and structural analysis 
strategies;
(B) develop literal meaning through recognition of details and sequential order;
(C)  develop global meaning by analyzing a piece of text to identify the main 
idea and to develop a summary;
(D) develop inferential meaning by analyzing literature using strategies such as 
determining cause and effect, predicting outcomes, and drawing conclusions;
(E) evaluate literature using strategies such as distinguishing fact from 
opinion;
(F) follow written directions;
(G) locate information using parts of a book;
(H) locate information using the dictionary and other references; and
(I) develop literary appreciation:
(i) select books for individual needs and interest;
(ii) respond to various forms of literature representing the literary heritage 
and culture of the Spanish Southwest;
(iii) use setting, characterization, story line, author technique, and point of 
view to gain meaning;
(iv) understand the feelings and emotions of characters; and
(v) appreciate the use of sound devices and figurative languages as they 
contribute to meaning.
(3)  Integration of 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:
(A) generate ideas using a variety of prewriting strategies;
(B) gather information and ideas from a variety of sources including personal 
experiences and literature;
(C) write descriptions using spatial order;
(D) write narratives to tell stories and to inform in chronological order;
(E) write complete sentences;
(F) write in a variety of literary forms;
(G) write simple correspondence;
(H) revise compositions using peer interaction, conferences, and self-assessment 
techniques by revising multiple drafts and using a variety of word choices;
(I) develop skill in using the conventions of Spanish to produce effective 
written communications with clarity and decorum;
(J) write persuasion;
(K) use dieresis marks appropriately;
(L) recognize and use accent marks appropriately;
(M) recognize and use gender agreement appropriately;
(N)  recognize and use number agreement appropriately; and
(O) recognize and use agreement of subject and verb appropriately.
(d) Primary language for bilingual education, grade four. Primary language for 
bilingual education, grade four, shall include the following essential elements.
(1)  Integration of listening and speaking behaviors to receive and produce 
meaning. The student shall be provided opportunities to:
(A) listen attentively in different settings for a variety of purposes:
(i)  focus attention on both adult and peer speakers during large and small 
group interactions;
(ii) listen to receive direction, gain information, and enhance appreciation of 
language;
(iii) respond to a speaker by retelling what was heard, by asking questions, 
and/or contributing information; and
(iv) analyze and evaluate the intent and content of the speaker's message;
(B) speak fluently in different settings for a variety of purposes and 
audiences:
(i) speak clearly and at an appropriate rate;
(ii) use a variety of words to convey meaning;
(iii) express personal ideas, feelings, and experiences;
(iv)  entertain others with stories, poems, and dramatic activities;
(v)  give directions;
(vi) share information;
(vii)  persuade others using language appropriate to the listener;
(viii)  develop skill in using the conventions of Spanish to produce effective 
oral communication; and
(ix) use accepted language for standards for social conduct.
(2) Integration of vocabulary and comprehension concepts and strategies using a 
variety of literary forms (genres) and other meaningful forms of print. The 
student shall be provided opportunities to:
(A) develop vocabulary to understand written language in meaningful context:
(i) apply developmentally appropriate use of context with phonetic and/or 
structural clues for independent decoding of words;
(ii)  acquire automatic recognition of words to enhance fluency to help 
facilitate comprehension; and
(iii) understand the meaning of new words using contextual and structural 
analysis strategies;
(B) use comprehension strategies to bring meaning to print:
(i) develop literal meaning through recognition of details and sequential order;
(ii)  develop global meaning by analyzing a piece of text to identify the main 
idea and to develop a summary;
(iii) develop inferential meaning by analyzing literature using strategies such 
as determining cause and effect, predicting outcomes, and drawing conclusions; 
and
(iv) evaluate literature using strategies such as distinguishing fact from 
opinion and making generalizations;
(C) use study strategies:
(i) follow written directions;
(ii) locate information using parts of a book;
(iii) locate information using the dictionary and other library references;
(iv) interpret graphic sources; and
(v)  adjust the method and rate of reading to the purpose and type of material;
(D) develop literary appreciation:
(i) select books for individual needs and interests;
(ii) respond to various forms of literature representing the literary heritage 
and culture of the Spanish Southwest;
(iii) use setting, characterization, story line, author technique, and point of 
view to gain meaning;
(iv)  understand the feelings and emotions of characters; and
(v)  appreciate the use of sound devices and figurative language as they 
contribute to meaning.
(3) Integration of 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:
(A) use a variety of techniques to select topics and to generate material to 
write about these topics:
(i) generate ideas using a variety of prewriting strategies;
(ii) gather information and ideas from a variety of sources including personal 
experiences and literature; and
(iii)  select topics of interest to self and others;
(B) draft compositions for specific audiences and purposes in a variety of 
modes:
(i)  write descriptions using spatial order;
(ii) write narratives to tell stories and to inform in chronological order;
(iii)  classify differences and likenesses and advantages and disadvantages of 
objects and events;
(iv) present a set of reasons to persuade using order of importance and simple 
rules of logic;
(v) write complete sentences;
(vi) write in a variety of literary forms;
(vii)  write using a variety of correspondence formats; and
(viii)  write persuasion;
(C) revise compositions using peer interaction, conferences, and self-assessment 
techniques:
(i) add, delete, and rearrange information and ideas to address the purpose and 
audience more effectively;
(ii) rewrite to include a variety of word choices and sentences to convey 
intended meaning;
(iii) evaluate revisions made by self and others according to grammar, 
organization and literary merit; and
(iv) write persuasion;
(D) develop skill in using the orthographic conventions of Spanish to produce 
effective written communication:
(i) use standard forms of nouns, verbs, adjectives, adverbs, and pronouns;
(ii) apply basic conventions of capitalization and punctuation;
(iii) apply developmentally appropriate spelling generalizations;
(iv) write legible manuscript/cursive letters;
(v) use dieresis marks appropriately;
(vi) recognize and use accent marks appropriately;
(vii) recognize and use gender agreement appropriately;
(viii) recognize and use number agreement appropriately; and
(ix) recognize and use agreement of subject and verb appropriately.
(e) Primary language for bilingual education, grade five. Primary language for 
bilingual education, grade five, shall include the following essential elements.
(1) Integrating listening and speaking behaviors to receive and produce meaning. 
The student shall be provided opportunities to:
(A) listen attentively in different settings for a variety of purposes:
(i) focus attention on both adult and peer speakers during large and small group 
interaction;
(ii) listen to receive direction, gain information, and enhance appreciation of 
language;
(iii) respond to a speaker by retelling what was heard, by asking questions, 
and/or contributing information; and
(iv) analyze and evaluate the intent and content of the speaker's message;
(B) speak fluently in different settings for a variety of purposes and 
audiences:
(i)  speak clearly and at an appropriate rate;
(ii) use a variety of words to convey meaning;
(iii) express personal ideas, feelings, and experiences;
(iv) entertain others with stories, poems, and dramatic activities;
(v) give directions;
(vi)  share information;
(vii) persuade others using language appropriate to the listener;
(viii) develop skill in using the conventions of Spanish to produce effective 
oral communication; and
(ix)  use appropriate standards of social conduct.
(2) Integrating vocabulary and comprehension concepts and strategies using a 
variety of literary forms (genres) and other meaningful forms of print. The 
student shall be provided opportunities to:
(A) develop vocabulary to understand written language in meaningful context:
(i) apply developmentally appropriate use of context with phonetic and/or 
structural clues for independent decoding of words;
(ii) acquire automatic recognition of words to enhance fluency; and
(iii) understand the meaning of new words using contextual and structural 
analysis strategies;
(B) use comprehension strategies to bring meaning to print:
(i) develop literal meaning through recognition of details and sequential order;
(ii)  develop global meaning by analyzing a piece of text to identify the main 
idea and to develop a summary;
(iii) develop inferential meaning by analyzing literature using strategies such 
as determining cause and effect, predicting outcomes, drawing conclusions, and 
using simple logic; and
(iv)  evaluate literature using strategies such as distinguishing fact from 
opinion, making generalizations, and applying rules of probability;
(C)  use study strategies:
(i) follow written directions;
(ii)  locate information using parts of a book;
(iii) locate information using the dictionary and other library references;
(iv)  interpret graphic sources; and
(v) adjust the method and rate of reading to the purpose and type of material;
(D) develop literary appreciation:
(i) select books for individual needs and interests;
(ii) respond to various forms of literature representing the literary heritage 
and culture of the Spanish Southwest;
(iii)  use setting, characterization, story line, author technique, and point of 
view to gain meaning;
(iv) understand the feelings and emotions of characters; and
(v) appreciate the use of sound devices and figurative language as they 
contribute to meaning.
(3) Integrating 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:
(A) use a variety of techniques to select topics and to generate material to 
write about those topics:
(i) generate ideas using a variety of prewriting strategies;
(ii) gather information and ideas from a variety of sources including personal 
experiences and literature; and
(iii) select topics of interest to self and others;
(B) draft compositions for specific audiences and purposes in a variety of 
modes:
(i) write descriptions using spatial order;
(ii) write narratives to tell stories and to inform in chronological order;
(iii) classify differences and likenesses and advantages and disadvantages of 
objects and events;
(iv) present a set of reasons to persuade using order of importance;
(v) write complete sentences;
(vi) write in a variety of literary forms;
(vii)  write using a variety of correspondence formats; and
(viii)  write persuasion;
(C) revise compositions using peer interaction, conferences, and self-assessment 
techniques:
(i) add, delete, and rearrange information and ideas to address the purpose and 
audience more effectively;
(ii) rewrite to include a variety of word choices and sentences to convey 
intended meaning;
(iii) evaluate revisions made by self and others; and
(iv) write persuasion;
(D)  develop skill in using the orthographic conventions of Spanish to produce 
effective written communication:
(i) use standard forms of nouns, verbs, adjectives, adverbs, and pronouns;
(ii) apply increasingly complex conventions of capitalization and punctuation;
(iii) apply developmentally appropriate spelling generalizations;
(iv) write legible manuscript/cursive letters;
(v) use dieresis marks appropriately;
(vi) recognize and use accent marks appropriately;
(vii) recognize and use gender agreement appropriately;
(viii)  recognize and use number agreement appropriately; and
(ix)  recognize and use agreement of subject and verb appropriately;
(E)  share products of composition in a variety of ways.
 sec.75.25. English as a Second Language.
(a) English as a second language, grades one and two. English as a second 
language, grades one and two, shall include the following essential elements.
(1) Listening. Learning to understand English spoken, with appropriate rate and 
intonation, in a wide range of social and academic contexts. The student shall 
be provided opportunities to:
(A) learn to listen:
(i) respond to storytelling or oral language in verbal and/or non-verbal ways;
(ii)  listen to literary selections daily for personal enjoyment and language 
acquisition, appreciate the sound devices of rhyme and rhythm, comprehend the 
meaning of written texts presented orally, predict probable outcome; and
(iii) employ active listening in a variety of situations (e.g., following 
directions);
(B) acquire language functions and use through listening:
(i) respond to various language functions (e.g., greetings, directions, 
requests, information given and sought); and
(ii)  recognize differences between informal and formal language;
(C)  acquire language forms through listening contexts:
(i)  vocabulary: understand the meaning of words in spoken discourse;
(ii) syntax: understand the meaning of English sentence structures (e.g., 
statements, questions, commands) in spoken discourse; and
(iii)  phonology: acquire English sounds and intonation patterns by listening to 
spoken discourse.
(2) Speaking. Learning to speak English, with increasing accuracy and fluency, 
in order to convey meaning appropriate to a wide range of social and academic 
contexts. The student shall be provided opportunities to:
(A) learn to produce spoken English:
(i)  participate in nonverbal communication through gesture, pantomime, and 
facial expression;
(ii) engage in a conversation by sharing ideas with others;
(iii) communicate meaningfully in one-to-one, small group, and large group 
situations;
(iv) engage in creative dramatic activities;
(v) participate in choral speaking;
(vi)  dictate ideas and feelings as they are recorded;
(vii)  re-tell a familiar story or nursery rhyme;
(viii) narrate events with appropriate sequencing;
(ix) give a short sequence of directions for others to follow;
(x) give descriptions; and
(xi) use a short set of reasons to persuade a peer or an adult;
(B) acquire language functions and use through speaking:
(i)  use English for a variety of functions (e.g., greetings, apologies, 
requests, seeking and giving information, persuading, entertaining); and
(ii) use English in a variety of social and school contexts;
(C) acquire language forms through speaking:
(i) vocabulary: develop and use appropriate vocabulary to express meaning 
intended in spoken interactions;
(ii) syntax: develop and use English word order with increasing accuracy in 
spoken interactions;
(iii) syntax: develop and use English inflections with increasing accuracy in 
spoken interactions; and
(iv) phonology: develop and use the sounds and intonation patterns of English 
with increasing accuracy.
(3) Reading. Learning to read English, with increasing comprehension, for a 
variety of purposes. The student shall be provided opportunities to:
(A) learn to read English:
(i)  learn to comprehend the meaning of written texts covering a variety of 
topics, experience a print-rich environment, summarize a story, recall the main 
idea and important facts and details, arrange events in a sequential order, 
distinguish between fact and fantasy, and distinguish between cause and effect 
relationships;
(ii) learn to apply reading skills and strategies to a variety of practical 
situations; and
(iii) learn to appreciate literature, become acquainted with various forms of 
literature, prose and poetry, develop strategies to interpret literature, 
including setting, plot and characters, and select books for individual needs 
and interests;
(B)  acquire language functions and use through reading:
(i) acquire ability to process written language expressing a variety of language 
functions; and
(ii) distinguish between informal and formal written language;
(C) acquire language forms through reading:
(i) vocabulary: acquire and understand vocabulary to comprehend appropriate 
written texts;
(ii) syntax: acquire and understand English word order to obtain context clues 
from written texts;
(iii) syntax: acquire and understand English word formation through 
morphological processes used in written texts; and
(iv) sound/symbol relationships: acquire and develop strategies for decoding 
written language, including directionality and spacings.
(4) Writing. Learning to produce written English, with increasing fluency and 
accuracy, to convey meaning appropriately in a range of social and school 
contexts. The student shall be provided opportunities to:
(A) learn to write English:
(i) participate in writing processes, pre-writing activities, drafting, 
emphasizing fluency rather than mechanics, syntax and spelling, sharing and 
responding to writing, conferencing with peers and teachers, revising selected 
pieces of writing for content and clarity of expression, editing for mechanics 
of usage and spelling with help of peers and teachers, and publishing for an 
audience;
(ii)  participate in dictation process using a variety of dictation strategies;
(iii) use experiences with literature to create new stories through dictation or 
personal writing;
(iv) use writing experiences to learn content area concepts; and
(v) apply conventions of writing to produce effective communications, spelling, 
capitalization, punctuation, and handwriting conventions;
(B) acquire language functions and use through writing:
(i) use written language for a variety of purposes; and
(ii) use written language appropriately in various contexts, write for different 
audiences, write in different formats, and write different genres (e.g., 
narratives, poems, expository essays, imaginative fiction);
(C) acquire language forms through writing texts:
(i)   vocabulary: acquire and use appropriate vocabulary to convey meanings on a 
wide range of topics;
(ii) syntax: acquire and use English word order with increasing accuracy in 
written texts;
(iii)  syntax: acquire and use English word formation processes with increasing 
accuracy in written texts; and
(iv) phonology: acquire strategies to encode sounds for producing written texts.
(5) Culture. Learning concepts that result in knowledge and awareness of the 
history and culture of another people with a range of situations. The student 
shall be provided opportunities to:
(A) learn the behaviors of the school culture;
(B) recognize characteristics of various cultures;
(C) respect differences in behavior and expressions of other cultures; and
(D)  value one's own culture and heritage.
(b) English as a second language, grades three, four, and five. English as a 
second language, grades three, four, and five shall include the following 
essential elements.
(1)  Listening. Learning to understand English spoken, with appropriate rate and 
intonation, in a wide range of social and academic contexts. The student shall 
be provided opportunities to:
(A) learn to listen:
(i)  respond to storytelling or oral language in verbal and/or non-verbal ways;
(ii) listen to literary selections daily for personal enjoyment and language 
acquisition, appreciate the sound devices of rhyme and rhythm, and distinguish 
between fact and fantasy;
(iii) comprehend the meaning of written texts presented orally, identify the 
main idea and important facts and details of written texts presented orally, 
recognize the sequence of events given in a written text presented orally, 
recognize cause and effect relationships, identify an implied idea, and predict 
probable outcome;
(iv) employ active listening in a variety of situations (e.g., following 
directions); and
(v) participate in listening activities based on content area material (e.g., 
mathematics, science, social studies);
(B) acquire language functions and use through listening:
(i)  respond to various language functions (e.g., greetings, directions, 
requests, information given, information sought);
(ii) recognize a speaker's purpose in using language;
(iii) recognize how social contexts require variation in language; and
(iv) distinguish between socially acceptable and unacceptable language in 
various contexts;
(C) acquire language forms through listening contexts:
(i)  vocabulary: understand the meaning of words related to concepts and topics 
in spoken discourse;
(ii) syntax: understand the meaning of English sentence structures (e.g., 
statements, questions, commands) in spoken discourse;
(iii) syntax: acquire English inflections and function words by listening to 
spoken discourse; and
(iv) phonology: acquire English sounds and intonation patterns by listening to 
spoken discourse.
(2)  Speaking. Learning to speak English, with increasing accuracy and fluency, 
in order to convey meaning appropriate to a wide range of social and academic 
contexts. The student shall be provided opportunities to:
(A) learn to produce spoken English:
(i) participate in nonverbal communication through gesture, pantomime, and 
facial expression;
(ii) engage in a conversation and discussions by sharing ideas with others;
(iii)  communicate meaningfully in one-to-one, small group, and large group 
situations;
(iv) engage in creative drama activities;
(v)  participate in choral speaking;
(vi) dictate ideas and feelings as they are recorded;
(vii) retell poems and stories with appropriate verbal and nonverbal 
communication;
(viii) discuss written texts presented orally, discuss the main idea and 
important facts and details, discuss cause and effect relationships, identify 
any implied ideas, draw conclusions and make oral summaries, and make judgments 
using evaluations and generalizations;
(ix) narrate events in an appropriate sequence;
(x) give a sequence of directions for others to follow;
(xi) give descriptions relevant to various situations;
(xii) use a brief set of reasons to persuade a peer, group, or adult; and
(xiii) participate on committees and panels and in group problem-solving 
activities;
(B) acquire language functions and use through speaking:
(i) use oral language for a variety of functions (e.g., greetings, apologies, 
requests, seek information, giving information, persuading);
(ii) use language appropriately in a variety of social contexts;
(iii) make adjustments to fit purpose;
(iv)  make adjustments to fit audience; and
(v) make adjustments to fit content;
(C) acquire language forms through speaking:
(i)  vocabulary: develop and use appropriate vocabulary to express meaning 
intended in spoken interactions;
(ii) syntax: develop and use English word order with increasing accuracy in 
spoken interactions;
(iii)  syntax: develop and use English inflections and function words with 
increasing accuracy in spoken interactions; and
(iv) phonology: develop and use the sounds and intonation patterns of English 
with increasing accuracy in spoken interactions.
(3) Reading. Learning to read English, with increasing comprehension, for a 
variety of purposes. The student shall be provided opportunities to:
(A) learn to read English:
(i)  learn to comprehend texts written for a variety of social and academic 
purposes, experience a print-rich environment in the classroom, recall the main 
idea and important facts and details of written texts, arrange events given in a 
written text in a sequential order, distinguish between fact and fantasy, 
fiction and non-fiction, distinguish cause and effect relationships, identify an 
implied idea, predict probable future outcomes, draw conclusions and make 
summaries, make judgments using evaluations and generalizations, and understand 
content area texts (e.g., mathematics, science, social studies);
(ii)  learn to apply reading skills and strategies to a variety of practical 
situations, follow multi-step directions, understand the purpose of and be able 
to use the dictionary and encyclopedia to locate information, understand the 
purpose of and be able to use the various parts of a book, understand the 
purpose of and be able to use and interpret graphic information; and
(iii)  learn to appreciate literature, become acquainted with various forms of 
literature, prose and poetry, develop strategies to interpret literature, 
including setting, plot, and characters, understand differences in points of 
view, recognize use of simile and metaphor and idiomatic language, and select 
books for individual needs and interests;
(B) acquire language functions and use through reading:
(i) acquire ability to process written language expressing a variety of language 
functions; and
(ii)  distinguish between informal and formal written language;
(C)  acquire language forms through reading:
(i) vocabulary: acquire and understand vocabulary to comprehend appropriate 
written texts;
(ii)  syntax: acquire and understand English word order to obtain context clues 
from written texts;
(iii) syntax: acquire and understand English word formation through 
morphological processes used in written texts; and
(iv) sound/symbol relationships: acquire and develop strategies for decoding 
written language, including directionality and spacing.
(4)  Writing. Learning to produce written English, with increasing fluency and 
accuracy, to convey meaning appropriately in a range of social and school 
contexts. The student shall be provided opportunities to:
(A) learn to write English:
(i) participate in writing processes, pre-writing activities, drafting, 
emphasizing fluency rather than mechanics, syntax, and spelling, sharing and 
responding to writing, conferencing with peers and teachers, revising selected 
pieces of writing for content and clarity of expression, editing for mechanics 
of usage and spelling with help of peers and teachers, and publishing for an 
audience;
(ii) participate in dictation process using a variety of dictation strategies;
(iii)  use experiences with literature to create new stories through dictation 
or personal writing;
(iv) use writing experiences to learn content area concepts; and
(v) learn to apply conventions of writing to produce effective communications, 
spelling, capitalization, punctuation, and handwriting conventions;
(B) acquire language functions and use through writing:
(i) use written language for a variety of purposes; and
(ii) use written language appropriately in various contexts, write for different 
audiences, write in different formats, and write different genres (e.g., 
narratives, poems, expository essays, imaginative fiction);
(C)  acquire language forms through writing texts:
(i) vocabulary: acquire and use appropriate vocabulary to convey meanings on a 
wide range of topics;
(ii) syntax: acquire and use English word order with increasing accuracy in 
written texts;
(iii) syntax: acquire and use English word formation processes with increasing 
accuracy in written texts; and
(iv) phonology: acquire strategies to encode sounds for producing written texts.
(5) Culture. Learning concepts that result in knowledge and awareness of the 
history and culture of another people with a range of situations. The student 
shall be provided opportunities to:
(A) learn the behaviors of the school culture;
(B) recognize characteristics of various cultures;
(C) respect differences in behavior and expressions of other cultures; and
(D) value one's own culture and heritage.
(c) English as a second language, grade six. English as a second language, grade 
six, shall include the following essential elements.
(1)  language acquisition process. Learning to use basic strategies and concepts 
that help in learning English as a second language. The student shall be 
provided opportunities to:
(A) develop strategies for language learning (e.g., make guesses, take risks);
(B) utilize strategies to negotiate meaning;
(C) use prior knowledge and experience to understand meanings in English;
(D) recognize errors and use of self-correcting techniques;
(E) develop an awareness of similarities and differences between first language 
and English; and
(F) develop an understanding of language as a system of communication.
(2) Culture. Learning concepts that result in knowledge and awareness of the 
history and culture of another people with a range of situations. The student 
shall be provided opportunities to:
(A)  learn the behaviors of the school culture;
(B) recognize characteristics of various cultures;
(C) respect differences in behavior and expressions of other cultures;
(D) value one's own culture and heritage; and
(E) develop an awareness of the relationships between language and culture.
(3) Listening. Learning to understand English spoken, with appropriate rate and 
intonation, in a wide range of social and academic contexts. The student shall 
be provided opportunities to:
(A)  learn to listen:
(i) demonstrate understanding of short stories, informational narratives or 
other spoken forms by responding verbally or nonverbally;
(ii) listen to literary selections daily for personal enjoyment and to foster 
language acquisition, appreciate the sound devices of rhyme and rhythm, and 
distinguish between fact and fantasy, fiction and non-fiction;
(iii) comprehend the meaning of written texts presented orally, identify the 
main idea, important facts and details of written texts presented orally, 
recognize the sequence of events given in a written text presented orally, 
recognize cause and effect relationships, and identify an implied idea;
(iv) employ active listening in a variety of situations (e.g., following 
directions, listening for a specific purpose); and
(v) participate in listening activities based on content area concepts (e.g., 
mathematics, science, social studies);
(B) acquire language functions and use through listening:
(i) respond to a variety of language functions (e.g., greetings, directions, 
requests, information given, information sought);
(ii) recognize a speaker's purpose and point of view;
(iii) recognize how social contexts require variation in language; and
(iv) distinguish between socially acceptable and unacceptable language in 
various contexts;
(C)  acquire language forms through listening contexts:
(i)  vocabulary: acquire vocabulary related to concepts and topics in spoken 
discourse;
(ii) syntax: understand the meaning of English sentence structures (e.g., 
statements, questions, commands);
(iii) syntax: acquire English inflections and function words by listening to 
spoken discourse; and
(iv) phonology: acquire English sounds and intonation patterns by listening to 
spoken discourse.
(4) Speaking. Learning to speak English, with increasing accuracy and fluency, 
in order to convey meaning appropriate to a wide range of social and academic 
contexts. The student shall be provided opportunities to:
(A) learn to produce spoken English:
(i) participate in nonverbal communication through gesture, pantomime and facial 
expression;
(ii) engage in a conversation and discussions by sharing ideas with others;
(iii) communicate meaningfully in one-to-one, small group, and large group 
situations;
(iv)  engage in creative drama activities;
(v) participate in choral speaking;
(vi) dictate ideas and feelings as they are recorded;
(vii) retell poems and stories with appropriate verbal and nonverbal 
communication;
(viii) discuss written texts presented orally, discuss the main idea and 
important facts and details, discuss cause and effect relationships, identify 
any implied ideas, draw conclusions and make oral summaries, and make judgments 
using evaluations and generalizations;
(ix)  narrate events in an appropriate sequence;
(x) give a sequence of directions for others to follow;
(xi) give descriptions relevant to various situations;
(xii) use a brief set of reasons to persuade a peer, group, or adult; and
(xiii) participate on committees and panels and in group problem-solving 
activities;
(B) acquire language functions and use through speaking:
(i) use oral language for a variety of functions (e.g., greetings, requests, 
seeking and giving information, persuading); and
(ii) use language appropriately in a variety of social contexts, make 
adjustments to fit purpose, make adjustments to fit audience, and make 
adjustments to fit content;
(C) acquire language forms through speaking:
(i) vocabulary: use appropriate vocabulary to express meaning intended in spoken 
interactions;
(ii) syntax: use English word order with increasing accuracy in spoken 
interactions;
(iii) syntax: use English inflections with increasing accuracy in spoken 
interactions; and
(iv) phonology: use the sounds and intonation patterns of English with 
increasing accuracy.
(5) Reading. Learning to read English, with increasing comprehension, for a 
variety of purposes. The student shall be provided opportunities to:
(A) learn to read English:
(i)  learn to comprehend texts written for a variety of social and academic 
purposes, experience a print-rich environment in the classroom, recall the main 
idea and important facts and details of written texts, arrange events given in a 
written text in a sequential order, distinguish between fact and fantasy, 
fiction and non-fiction, distinguish cause and effect relationships, identify an 
implied idea, predict probable future outcomes, draw conclusions and make 
summaries, make judgments using evaluations and generalizations, and understand 
content area texts (e.g., science, mathematics, social studies);
(ii)  learn to apply reading skills and strategies to a variety of practical 
situations, follow multi-step directions, use the dictionary and encyclopedia to 
locate information, recognize use the various parts of a book, and use and 
interpret graphic material; and
(iii) learn to appreciate literature, become acquainted with various forms of 
literary prose and poetry, develop strategies to interpret literature, including 
setting, plot, characters, understand differences in points of view, recognize 
use of simile and metaphor and idiomatic language, and select books for 
individual needs and interests;
(B) acquire language functions and use through reading:
(i)  acquire ability to process written language expressing a variety of 
language functions;
(ii) distinguish between informal and formal written language; and
(iii) recognize how different social contexts require variation in language;
(C) acquire language forms through reading:
(i) vocabulary: understand vocabulary needed to comprehend appropriate written 
texts;
(ii) syntax: understand English word order to obtain context clues from written 
texts;
(iii) syntax: understand English word formation through morphological processes 
used in written texts; and
(iv) sound/symbol relationships: develop strategies for decoding written 
language, including directionality and spacing.
(6) Writing. Learning to produce written English, with increasing fluency and 
accuracy, to convey meaning appropriately in a range of social and school 
contexts. The student shall be provided opportunities to:
(A)  learn to produce written discourse:
(i) participate in writing processes, pre-writing activities, drafting, 
emphasizing fluency rather than mechanics, syntax and spelling, sharing and 
responding to writing, conferencing with peers and teachers, revising selected 
pieces of writing for content and clarity of expression, editing for mechanics 
of usage and spelling with help of peers and teachers, and publishing for an 
audience;
(ii)  participate in dictation process using a variety of dictation strategies;
(iii) use experiences with literature to create new stories through dictation or 
personal writing;
(iv) use writing experiences to learn content area concepts; and
(v) learn to apply conventions of writing to produce effective communications, 
spelling, capitalization, punctuation, and handwriting conventions;
(B) acquire language functions and use through writing:
(i) use written language for a variety of purposes; and
(ii) use written language appropriately in various contexts, write for different 
audiences, write in different formats, and write different genres (e.g., 
narratives, poems, expository essays, imaginative fiction).
(C) acquire language forms through writing texts:
(i)  vocabulary: use appropriate vocabulary needed to convey meanings on a wide 
range of topics;
(ii) syntax: use English word order with increasing accuracy in written texts;
(iii) syntax: use English word formation processes with increasing accuracy in 
written texts; and
(iv) phonology: acquire strategies to encode sounds for producing written texts.
sec.75.26. Other Languages. <ol> School districts are strongly encouraged to 
offer other languages in the elementary grades. For districts which offer other 
languages in kindergarten through grade six, the essential elements shall be 
those designated as Level I, II, and exploratory languages in sec.75.62 of this 
title (relating to Other Languages).
sec.75.27. Mathematics.
(a) Mathematics, kindergarten. Essential elements described in this subsection 
for mathematics, kindergarten, shall be superseded by the essential elements 
described in sec.75.22(b) of this title (relating to Kindergarten Education) 
effective September 1995. Mathematics, kindergarten, shall include the following 
essential elements.
(1)  Concepts and skills associated with the understanding of numbers (whole, 
integer, and non-negative rational) and the place-value system. The student 
shall be provided opportunities to experience at the readiness level:
(A)  number concepts;
(B) one-to-one correspondence;
(C)  ordering; and
(D) counting (objects).
(2) The basic operations on numbers (addition, subtraction, multiplication, 
division), their properties, and their uses. The student shall be provided 
opportunities to experience at the readiness level physical representations of 
addition and subtraction.
(3) Experience in solving problems by selecting and matching strategies to given 
situations. The student shall be provided opportunities to experience at the 
readiness level:
(A) oral problem solving with objects and stories; and
(B) identifying patterns.
(4)  Measurement concepts and skills using metric and customary units. The 
student shall be provided opportunities to experience at the readiness level:
(A) comparing;
(B) identifying money; and
(C)  identifying time units.
(5) Properties and relationships of geometric shapes and their applications. The 
student shall be provided opportunities to experience at the readiness level:
(A) classification;
(B) size and shape; and
(C) patterns.
(6) The representation of numbers on a line and pairs of numbers on a coordinate 
plane. The student shall be provided opportunities to experience at the 
readiness level ordering points on a line.
(7) The use of probability and statistics to collect and interpret data. The 
student shall be provided opportunities to experience at the readiness level 
using objects:
(A) classification; and
(B) ordering.
(b) Mathematics, grade one. Mathematics, grade one, 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 one;
(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 concepts of relations and functions. The student shall be provided 
opportunities to:
(A) identify and describe patterns in real-life situations;
(B) identify and extend patterns made up of sets of concrete objects, symbols, 
or shapes;
(C)  order objects according to a given attribute; and
(D) demonstrate the relationship between the actions of joining and separating 
sets.
(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) compare sets by size and quantity;
(B) compare numbers verbally;
(C) explore the concept of place value;
(D) read and write numerals through the highest number conceptualized;
(E) read number words;
(F) orally count objects by ones, twos, fives, and tens through the highest 
number conceptualized;
(G) use ordinal numbers;
(H) orally identify fractional parts of whole objects or sets of objects;
(I) identify coins; and
(J) describe the value of coins, using real coins or concrete models of coins.
(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) demonstrate an understanding of addition and subtraction and their inverse 
relationship by joining, separating, and comparing sets of objects;
(B) explore multiplication and division and their inverse relationship by 
joining equivalent sets of objects and separating a set of objects into 
equivalent sets;
(C) demonstrate properties of addition (commutative, associative, identity) with 
concrete models;
(D)  use an addition or subtraction number sentence to describe the joining, 
separating, or comparing of sets; and
(E) complete (write) addition and subtraction number sentences.
(5) Measurement. Concepts and skills using metric and customary units. The 
student shall be provided opportunities to:
(A) measure objects using different nonstandard units;
(B)  identify concrete models that approximate units for centimeter, decimeter, 
inch, and foot;
(C) use concrete unit models for inches, feet, centimeters, and decimeters;
(D) compare two objects according to weight;
(E) explore the concept of time; and
(F) read a calendar.
(6) Geometry. Properties and relationships of geometric shapes and their 
applications. The student shall be provided opportunities to:
(A)  use physical materials to construct simple geometric shapes and combine 
shapes to form new shapes;
(B) identify two-dimensional shapes;
(C) compare three-dimensional objects describing similarities and differences 
using appropriate mathematical language; and
(D) locate the interior and exterior of plane figures.
(7) Probability, statistics, and graphing. Use of probability and statistics to 
collect and interpret data. The student shall be provided opportunities to:
(A) collect data;
(B) make pictographs and bar-type graphs using objects, pictures of objects, or 
colored cells;
(C) draw conclusions and make informal predictions based on experiences or 
graphed data;
(D) identify events that are sure to happen, are sure not to happen, and those 
which we cannot be sure about; and
(E) build patterns which display various arrangements of a given set of objects.
(c) Mathematics, grade two. Mathematics, grade two, 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 two;
(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 concepts of relations and functions. The student shall be provided 
opportunities to:
(A) identify and extend patterns of objects and symbols;
(B) compare and order whole numbers;
(C) construct a set of ordered pairs by pairing members of two sets of concrete 
objects according to a given rule;
(D) develop basic fact strategies; and
(E) demonstrate the relationship between the actions of joining equivalent sets 
and separating a set into equivalent sets.
(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) write a number sentence to compare numbers, including different names for 
the same number;
(B) use concrete models of hundreds, tens, and ones to develop the concept of 
place value;
(C) use models of hundreds, tens, and ones to conceptualize, read, and write 
numbers;
(D) determine whether a number is even or odd by pairing objects in a set;
(E) use concrete models for fractions to investigate different physical 
representations for the same fractional parts of whole objects or sets of 
objects;
(F) demonstrate and write the value of various collections of coins; and
(G) use ordinals.
(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) make generalizations about ordering and grouping, and identify patterns in 
addition and subtraction;
(B) demonstrate an understanding of multiplication and division and their 
inverse relationship by joining equivalent sets of objects and separating a set 
into equivalent sets;
(C) select the correct operation and solve real-life problems involving addition 
and subtraction using a calculator when appropriate;
(D) use the inverse relationship between addition and subtraction to complete 
number facts;
(E) use physical models to solve addition and subtraction problems whether or 
not regrouping is necessary;
(F) use a multiplication or division number sentence to describe modeled 
situations;
(G) recall basic addition and subtraction facts and complete addition number 
sentences with a missing addend;
(H)  add two, three, or four single-digit addends; and
(I) illustrate the connection between concrete models and the addition 
algorithm, and use the algorithm with two- and three-digit numbers.
(5) Measurement. Concepts and skills using metric and customary units through 
the use of concrete models. The student shall be provided opportunities to:
(A) estimate and measure the length, width, and height of objects;
(B) measure the weight of an object using nonstandard units;
(C) identify concrete models that approximate weight/mass units for pound and 
kilogram;
(D)  estimate and measure the weight/mass of an object;
(E) estimate concepts of time;
(F) tell time on traditional clocks; and
(G)  solve application and nonroutine problems involving length, weight, and 
time.
(6) Geometry. Properties and relationships of geometric shapes and their 
applications. The student shall be provided opportunities to:
(A)  identify, describe, and compare two-dimensional shapes and three-
dimensional figures;
(B) investigate congruence and symmetry using models, drawings, and computer 
graphics;
(C) investigate perimeter using concrete models; and
(D) solve application and nonroutine problems involving geometry.
(7) Probability, statistics, and graphing. Use of probability and statistics to 
collect and interpret data. The student shall be provided opportunities to:
(A) collect and organize data;
(B) make pictographs and bar-type graphs;
(C) describe data displayed on a bar graph;
(D) draw conclusions and make predictions based on graphed data;
(E) solve application and nonroutine problems for situations involving graphs;
(F) display all arrangements of a given set of objects and identify the pattern; 
and
(G) explore the likelihood of an event occurring.
(d) Mathematics, grade three. Mathematics, grade three, 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 three;
(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 concepts of relations and functions. The student shall be provided 
opportunities to:
(A) predict additional terms in a given pattern, describe how the pattern is 
created, and extend the pattern;
(B) record the pairing of members of two sets, determine the relationship 
between each pair and use the rule to generate additional ordered pairs; and
(C) explore patterns of whole numbers, tenths, and hundredths using concrete and 
pictorial models.
(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) read, write, and use large numbers to describe meaningful situations;
(B) compare and order whole numbers;
(C) make generalizations about how to determine oddness and evenness of numbers;
(D)  use symbols to record fractional names for concrete models of whole objects 
or sets of objects;
(E) use concrete models to compare fractional parts;
(F) use concrete models and pictures to represent different names for the same 
fractional part;
(G) demonstrate various collections of coins and bills that equal a given value;
(H) write the value of a given amount of money in words; and
(I) develop place value concepts of tenths and hundredths using physical models.
(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) demonstrate with concrete models the properties of multiplication (identity, 
commutative, associative);
(B) explore multiplication and division using a variety of different models, and 
use patterns from explorations and properties of whole numbers to generate 
multiplication facts;
(C) illustrate the connection between concrete materials and the subtraction 
algorithm, and use the subtraction algorithm to subtract numbers with and 
without regrouping;
(D) solve problems using addition and subtraction facts and algorithms, using a 
calculator with large numbers and/or with many addends;
(E) determine whether a given problem can best be solved using estimation, 
pencil and paper calculation, or a calculator;
(F) use properties of operations and problem-solving strategies to do mental 
calculations with addition and subtraction, extending beyond fact recall; and
(G) add and subtract money using models.
(5) Measurement. Concepts and skills using metric and customary units. The 
student shall be provided opportunities to:
(A) find the area of a figure by covering it with nonstandard units of area;
(B) explore the concept of perimeter using standard and nonstandard units;
(C) identify concrete models that approximate weight/mass units for ounce and 
gram;
(D)  estimate and measure the weight/mass of an object;
(E) estimate answers and solve application and nonroutine problems involving 
length, weight, and time;
(F) tell time on digital and traditional clocks; and
(G)  read a thermometer and describe temperatures related to everyday situations 
in both Celsius and Fahrenheit.
(6) Geometry. Properties and relationships of geometric shapes and their 
applications. The student shall be provided opportunities to:
(A) identify characteristics of two- and three-dimensional figures;
(B) investigate congruence and symmetry;
(C) construct a solid to match a given solid using cubes;
(D)  describe a three-dimensional object from different perspectives;
(E)  investigate angles; and
(F) identify applications of geometry in the real world.
(7) Probability, statistics, and graphing. Use of probability and statistics to 
collect and interpret data. The student shall be provided opportunities to:
(A) collect and record data on the frequency of events;
(B) make pictographs and bar-type graphs where each cell represents multiple 
units;
(C) formulate questions and make predictions based on organized data;
(D) solve application and nonroutine problems for situations involving graphs;
(E) locate points on a grid; and
(F) build patterns displaying pairings of objects from two different sets.
(e) Mathematics, grade four. Mathematics, grade four, 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 four;
(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 solution; and
(F)  generate and extend problems.
(2) Patterns, relations, and functions. Use of models and patterns to develop 
the concepts of relations and functions. The student shall be provided 
opportunities to:
(A) investigate patterns on the multiplication table;
(B) record the pairing of members of two sets, determine the relationship 
between each pair, and use the rule to generate additional ordered pairs, using 
a calculator or computer when appropriate; and
(C) explore patterns of problems with inverses in computation using a calculator 
or computer when appropriate.
(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) use concrete materials to represent factor pairs of numbers;
(B) use the patterns of factor pairs to identify prime and composite numbers;
(C) use concrete models to generate patterns of equivalent fractions and record 
the patterns;
(D) use physical models to represent mixed numbers;
(E) use concrete materials to demonstrate place value concepts of decimals;
(F) use concrete models to compare and order decimals; and
(G) round whole numbers.
(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 the appropriate operation and/or strategy to solve a problem and 
justify the selection;
(B) solve division problems related to multiplication facts;
(C) add and subtract decimals with concrete materials and record results;
(D) explore the volume of a rectangular solid as a geometric model for 
multiplication of three factors;
(E) recall multiplication facts;
(F) solve application problems involving multiplication;
(G) solve problems involving addition, subtraction, and multiplication of large 
numbers using calculators; and
(H) use properties of operations and problem-solving strategies to do mental 
calculations, extending beyond fact recall.
(5) Measurement. Concepts and skills using metric and customary units. The 
student shall be provided opportunities to:
(A)  measure areas using grids;
(B) find perimeters using standard and nonstandard units;
(C) use the concept of perimeter to solve problems;
(D) measure the capacity of a container using nonstandard units;
(E) identify concrete models that approximate capacity units;
(F)  estimate and measure the capacity of a container;
(G) solve application and nonroutine problems involving length, weight, time, 
and capacity; and
(H) determine the amount of time elapsed in a problem-solving situation.
(6) Geometry. Properties and relationships of geometric shapes and their 
applications. The student shall be provided opportunities to:
(A) illustrate the reflection, rotation, and translation of geometric figures 
using concrete models;
(B) investigate patterns generated by changing geometric shapes, using models 
and computer graphics when appropriate;
(C) compare and contrast angles in relationship to right angles; and
(D) identify and construct models of intersecting lines, parallel lines, 
perpendicular lines, right angles, and related two- and three-dimensional 
figures.
(7) Probability, statistics, and graphing. Use of probability and statistics to 
collect and interpret data. The student shall be provided opportunities to:
(A) collect, record, and organize data into tables, charts, bar graphs, and line 
graphs;
(B) formulate questions and make predictions based on organized data;
(C) plot points on a coordinate plane that represent ordered pairs of whole 
numbers arising from problem situations;
(D) solve application and nonroutine problems for situations involving graphs;
(E) explore proportions by reducing or enlarging drawings using grids;
(F) list the possible outcomes in a given situation; and
(G) display all arrangements of a set of objects and identify the pattern.
(f) Mathematics, grade five. Mathematics, grade five, 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 five;
(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 concepts of relations and functions. The student shall be provided 
opportunities to:
(A) investigate patterns that occur when changing numerators and denominators of 
fractions beginning with concrete models and extending to calculator 
investigations;
(B) use patterns to explore the rules for divisibility; and
(C)  investigate patterns of powers of 10 (exponents and expanded notation) 
using a calculator or computer when appropriate.
(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)  find common factors of a set of numbers;
(B) use factors and multiples to write equivalent fractions;
(C) write the common denominator of two or more fractions;
(D) compare and order fractions in both standard and decimal form;
(E) identify the prime factors of a number;
(F) read, write, and represent decimals;
(G) round whole, fractional, and decimal representations of numbers; and
(H)  develop the concept of ratio using models.
(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) use concrete models to estimate answers to problems involving addition and 
subtraction of fractions;
(B)  select an appropriate operation and/or strategy to solve a problem and 
justify the selection;
(C) solve problems involving addition, subtraction, and multiplication;
(D) solve division problems with divisors that are less than 10 or multiples of 
10 using the division algorithm;
(E) add and subtract decimals; and
(F) estimate whole number and decimal calculations by rounding.
(5) Measurement. Concepts and skills using metric and customary units. The 
student shall be provided opportunities to:
(A) use models to develop and apply formulas for the area of a square, 
rectangle, triangle, and parallelogram;
(B) develop and apply formulas for the circumference of a circle, using 
estimation when appropriate;
(C) estimate and solve application and nonroutine problems involving perimeter 
and area;
(D) measure volume using nonstandard units;
(E) identify and use concrete models that approximate volume units;
(F) estimate volume and check the estimate by actual measurement;
(G) describe the relationship between volume units in the metric system such as 
cubic decimeter and liter, cubic centimeter and milliliter;
(H) apply measurement concepts and rounding techniques to application problems 
involving length, weight, capacity, and volume; and
(I) use the relationship between units to convert measures within the same 
measurement system.
(6) Geometry. Properties and relationships of geometric shapes and their 
applications. The student shall be provided opportunities to:
(A)  construct examples of symmetric and congruent figures;
(B)  construct examples of reflections, rotations, and translations;
(C)  construct circles and identify the radius, diameter, chord, center, and 
circumference of circles;
(D) measure and draw angles using a protractor;
(E) estimate answers and solve problems using geometric concepts;
(F) measure the angles in a triangle and draw conclusions about angle measures 
in triangles; and
(G) construct a three-dimensional model using blocks or other manipulatives and 
describe it from different perspectives.
(7) Probability, statistics, and graphing. Use of probability and statistics to 
collect and interpret data. The student shall be provided opportunities to:
(A) collect, organize, and interpret data to solve application problems;
(B) explain the decisions that need to be made before constructing a graph;
(C) recognize measures of central tendency as ways of summarizing a set of data;
(D) use averaging in problem-solving situations;
(E) predict the number of arrangements of a given set of objects and 
experimentally verify the predictions;
(F)  list all possible outcomes of an experiment;
(G) use a fraction to describe the probability of a given event;
(H) make and refine predictions based on exploration of different sample sizes 
within experiments; and
(I) plot points on a coordinate plane that represent ordered pairs of whole 
numbers, arising from application problems.
(g) Mathematics, grade six. Mathematics, grade six, 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 six;
(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) explore other numeration systems;
(B) explore patterns of exponents;
(C) build simple functions using concrete models and generate a corresponding 
rule; and
(D) write expressions for word phrases.
(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) demonstrate the meaning of percent with concrete models;
(B) explore relationships between whole numbers, fractions, decimals, and 
percents;
(C) identify the appropriate equivalent form of a number (fraction, decimal, 
percent) in application problems;
(D) develop the concept of ratio in application problems;
(E) compare and order positive rational numbers;
(F)  develop the meaning of integers as representations in problem situations;
(G) write the prime factorization for a number using exponents; and
(H) use prime factorization to investigate common factors and common multiples.
(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) divide whole numbers resulting from problem situations;
(D) multiply and divide decimals in application problems;
(E) add and subtract fractions in problem situations;
(F) multiply and divide fractions using concrete models and connecting to rules;
(G) estimate and solve problems using ratios and proportions;
(H) use ratios to solve probability problems; and
(I) write and solve simple linear equations from problem situations and check 
the reasonableness of the result.
(5) Measurement. Concepts and skills using metric and customary units. The 
student shall be provided opportunities to:
(A) determine the degree of accuracy required in measurement for a specified 
purpose;
(B) approximate the area of irregular figures using grids;
(C) develop and apply area formulas to common polygons and circles;
(D) estimate answers and solve application and nonroutine problems involving 
area;
(E) explore the effect on area when a dimension of a two-dimensional figure is 
changed;
(F) use models to develop and apply the formula for the volume of rectangular 
solids;
(G)  use the relationship between units to convert measures within the same 
measurement system;
(H) use denominate numbers to solve application problems; and
(I) measure and compare angles.
(6) Geometry. Properties and relationships of geometric shapes and their 
applications. The student shall be provided opportunities to:
(A) identify and distinguish between similar, congruent, and symmetric figures;
(B)  visualize and sketch the results of a rotation translation or reflection 
using graphing technology when appropriate;
(C) build models of three-dimensional figures such as pyramids, cones, or prisms 
with polygonal bases and investigate the properties associated with those 
figures;
(D)  construct angles and angle bisectors;
(E) classify angles and pairs of lines, including skew lines;
(F) classify polygons by sides and angles; and
(G) recognize the application of geometry in such areas as nature, 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)  collect, organize, and interpret data to solve application problems;
(B) construct and interpret circle graphs using calculators and computers when 
appropriate;
(C) compare quantities using ratios;
(D) determine the extent to which the results of a sample population can be 
generalized to a larger population;
(E) determine and interpret fractional probabilities of simple events;
(F) compare theoretical probabilities and experimental probabilities of an 
experiment; and
(G)  plot points on a coordinate plane that represent ordered pairs of whole 
numbers, simple fractions, or decimals, arising from application problems.
sec.75.28. Science.
(a) Science, kindergarten. Essential elements described in this subsection for 
science, kindergarten, shall be superseded by the essential elements described 
in sec.75.22(b) of this title (relating to Kindergarten Education) effective 
September 1995. Science, kindergarten, shall have a balance of content and 
activities from the life, earth, and physical sciences and shall include the 
following essential elements.
(1) Manipulative laboratory skills. The student shall be provided opportunities 
to:
(A) use comparators: colors, texture, taste, odor, size, shape, direction, 
motion, heat/cold, sink/float, sound; and
(B)  practice safety.
(2) The use of skills in acquiring data through the senses. The student shall be 
provided opportunities to:
(A) observe color, texture, size, shape of objects;
(B) observe objects in the environment; and
(C) observe events and changes in the environment.
(3) The use of classification skills in ordering and sequencing data. The 
student shall be provided opportunities to:
(A) classify objects by comparing similiarities and differences;
(B) classify objects from the environment as being living or nonliving; and
(C) arrange events in sequential order.
(4) Experience in oral and written communication of data in appropriate form. 
The student shall be provided opportunities to:
(A) describe objects from the environment; and
(B) describe external features of organisms.
(b) Science, grade one, shall have a balance of content and activities, shall 
focus on the life sciences, and shall include the following essential elements.
(1) Manipulate laboratory materials and equipment. The student shall be provided 
opportunities to:
(A) manipulate objects, organisms, and models;
(B) use tools, instruments, and comparators appropriate to life, earth, and 
physical science activities;
(C) construct two-dimensional and three-dimensional models; and
(D) practice safety.
(2) Acquire data through the senses. The student shall be provided opportunities 
to:
(A) use the senses;
(B) observe science models;
(C) observe properties of objects, organisms, and events in the environment;
(D) observe similarities and differences in objects, organisms, and events;
(E) observe phenomena resulting from life, earth, and physical science 
activities; and
(F)  explore the environment.
(3) Classify, order, and sequence data. The student shall be provided 
opportunities to:
(A) arrange time, events, and activities in sequential order; and
(B) classify objects, organisms, actions, and events from the environment 
according to similarities and differences.
(4) Communicate data and information in appropriate oral and written form. The 
student shall be provided opportunities to:
(A)  obtain science information from varied resources;
(B) describe objects, organisms, and events from the environment;
(C) describe apparent changes in size of objects at various distances; and
(D)  record data and interpret the arrangement of data on picture graphs, bar 
graphs, and maps.
(5) Measure using relationships to standards. The student shall be provided 
opportunities to:
(A) estimate, measure, and compare linear properties of objects and organisms 
using metric units;
(B)  compare temperature of objects; and
(C) explore the concept of time using minutes as a unit.
(6) Draw logical inferences, predict outcomes, and form generalized statements. 
The student shall be provided opportunities to:
(A) identify cause-and-effect relationships;
(B) predict the outcomes of actions based on experience or data;
(C) state generalizations about similarities and differences among objects, 
organisms, and events; and
(D) draw conclusions from observed data.
(7) Relate objects and events to other objects and events. The student shall be 
provided opportunities to:
(A) compare and contrast objects, organisms, and events;
(B) relate objects and activities to daily life; and
(C)  relate science to careers.
(8) Apply defined terms based on observations. The student shall be provided 
opportunities to use observations to form definitions of objects, actions, 
organisms, and processes.
(9)  Identify and manipulate the conditions of investigations. The student shall 
be provided opportunities to:
(A) set up and conduct simple experiments using a control group and an 
experimental group;
(B) complete if/then statements and situations; and
(C) recognize changes in objects, organisms, and events.
(c) Science, grade two, shall have a balance of content and activities, shall 
focus on the earth sciences, and shall include the following essential elements.
(1) Manipulate laboratory materials and equipment. The student shall be provided 
opportunities to:
(A)  manipulate objects, organisms, and models;
(B) use tools, instruments, and comparators appropriate to life, earth, and 
physical science activities;
(C) construct two-dimensional and three-dimensional models; and
(D) practice safety.
(2) Acquire data through the senses. The student shall be provided opportunities 
to:
(A) observe science models;
(B) observe properties and patterns of objects, organisms, and events in the 
environment;
(C) observe similarities and differences in objects, organisms, and events;
(D) observe phenomena resulting from life, earth, and physical science 
activities; and
(E) explore the environment.
(3) Classify, order, and sequence data. The student shall be provided 
opportunities to:
(A) arrange time, events, and activities in sequential order; and
(B) classify matter and forces, organisms, actions, and events from the 
environment according to similarities and differences.
(4) Communicate data and information in appropriate oral and written form. The 
student shall be provided opportunities to:
(A)  obtain science information from varied resources;
(B) describe objects, organisms, and events from the environment;
(C) name objects, organisms, and events from a description of their properties;
(D)  record data and interpret the arrangement of data on picture graphs, bar 
graphs, and maps; and
(E) describe objects, organisms, and events shown in illustrations, pictures, or 
diagrams.
(5) Measure using relationships to standards. The student shall be provided 
opportunities to:
(A)  estimate, measure, and compare length and height of objects and organisms 
using metric units;
(B) measure the weight of objects using nonstandard units;
(C) estimate and measure the weight/mass of objects using metric units;
(D) measure temperature of objects using metric units;
(E)  explore the concept of time using minutes and hours as the units; and
(F) read a calendar for information.
(6) Draw logical inferences, predict outcomes, and form generalized statements. 
The student shall be provided opportunities to:
(A) predict the outcomes of actions based on experience or data;
(B) state generalizations about similarities and differences among objects, 
organisms, and events; and
(C) draw conclusions from observed data.
(7) Relate objects and events to other objects and events. The student shall be 
provided opportunities to:
(A)  compare and contrast objects, organisms, and events;
(B) relate objects, science principles, and activities to daily life; and
(C)  relate science to careers.
(8) Apply defined terms based on observations. The student shall be provided 
opportunities to use observations to form definitions of objects, actions, 
organisms, events, and processes.
(9)  Identify and manipulate the conditions of investigations. The student shall 
be provided opportunities to:
(A) set up and conduct experiments using a control group and an experimental 
group;
(B) vary the conditions of if/then statements and situations; and
(C) recognize changes in objects, organisms, and events.
(d) Science, grade three, shall have a balance of content and activities, shall 
focus on the physical sciences, and shall include the following essential 
elements.
(1) Manipulate laboratory materials and equipment. The student shall be provided 
opportunities to:
(A) manipulate objects, organisms, and models;
(B) use tools, instruments, and comparators appropriate for life, earth, and 
physical science activities;
(C) construct two-dimensional and three-dimensional models; and
(D) practice safety.
(2) Acquire data through the senses. The student shall be provided opportunities 
to:
(A) observe science models;
(B) observe properties and patterns of objects, organisms, and events in the 
environment;
(C) observe similarities and differences in objects, organisms, and events;
(D) observe phenomena resulting from the life, earth, and physical sciences; and
(E) explore the environment.
(3) Classify, order, and sequence data. The student shall be provided 
opportunities to:
(A) arrange time, events, and activities in sequential order; and
(B) classify matter and forces, organisms, actions, and events from the 
environment according to similarities and differences.
(4) Communicate data and information in appropriate oral and written form. The 
student shall be provided opportunities to:
(A)  obtain science information from varied resources;
(B) describe objects, organisms, and events from the environment;
(C) name objects, organisms, and events from a description of their properties;
(D)  describe changes that occur to objects and organisms in the environment;
(E) record data and interpret the arrangement of data on picture graphs and bar 
graphs; and
(F) describe objects, organisms, and events shown in illustrations, pictures, or 
diagrams.
(5) Measure using relationships to standards. The student shall be provided 
opportunities to:
(A)  estimate, measure, and compare length, height, and weight/mass of objects 
using metric units;
(B) measure the perimeter and area of objects using nonstandard units and metric 
units;
(C) measure temperature using metric units;
(D) explore the concept of time and tell time on clocks; and
(E) time a science activity.
(6) Draw logical inferences, predict outcomes, and form generalized statements. 
The student shall be provided opportunities to:
(A) predict the outcomes of actions based on experience or data;
(B) state generalizations about similarities and differences among objects, 
organisms, and events;
(C) make inferences based on data; and
(D) draw conclusions from observed data.
(7)  Relate objects and events to other objects and events. The student shall be 
provided opportunities to:
(A) compare and contrast objects, organisms, and events;
(B) relate classroom objects, science principles, and activities to daily life; 
and
(C) relate science to careers.
(8)  Apply defined terms based on observations. The student shall be provided 
opportunities to:
(A) use observations to form definitions of objects, actions, organisms, events, 
and processes;
(B) state relationships among objects, organisms, and events using operational 
definitions; and
(C)  apply knowledge of theories, facts, and concepts in explaining observations 
in experimental and controlled situations.
(9) Experience in identifying and manipulating the conditions of investigations. 
The student shall be provided opportunities to:
(A) set up and conduct experiments using a control group and experimental 
groups;
(B) recognize changes in objects, organisms, and events over time;
(C) vary the conditions of if/then statements and situations; and
(D) identify the variables that change and the variables that do not change in 
an investigation.
(e) Science, grade four, shall have a balance of content and activities, shall 
focus on the life sciences, and shall include the following essential elements.
(1)  Manipulate laboratory materials and equipment. The student shall be 
provided opportunities to:
(A) manipulate objects, organisms, and models;
(B) use tools, instruments, and comparators appropriate to life, earth, and 
physical science activities;
(C) construct two-dimensional and three-dimensional models; and
(D) practice safety.
(2) Acquire data through the senses. The student shall be provided opportunities 
to:
(A) observe science models;
(B) observe properties and patterns of objects, organisms, and events in the 
environment;
(C) observe similarities and differences in objects, organisms, and events;
(D)  observe phenomena resulting from the life, earth, and physical sciences; 
and
(E) explore the environment.
(3) Classify, order, and sequence data. The student shall be provided 
opportunities to:
(A) arrange time, events, and activities in sequential order; and
(B) classify matter and energy, organisms, actions, and events from the 
environment according to similarities and differences.
(4) Communicate data and information in appropriate oral and written form. The 
student shall be provided opportunities to:
(A) obtain science information from varied resources;
(B)  describe objects, organisms, and events from the environment;
(C)  name objects, organisms, and events from a description of their properties;
(D) describe changes that occur to objects and organisms in the environment;
(E) write the sequence of events in investigations;
(F) record data and interpret the arrangement of data on bar graphs, line 
graphs, tables, and other visuals; and
(G) write conclusions to science activities.
(5) Measure using relationships to standards. The student shall be provided 
opportunities to:
(A) measure and compare lengths, heights, weights/mass, perimeter, and area of 
objects or models using metric units;
(B) estimate and measure the volume of a container using nonstandard units;
(C) measure temperature of objects using metric units; and
(D) time an event or a process and compare change over time.
(6) Draw logical inferences, predict outcomes, and form generalized statements. 
The student shall be provided opportunities to:
(A) predict the outcomes of actions based on experience or data;
(B) make inferences based on data;
(C) state generalizations about similarities and differences between objects, 
organisms, and events; and
(D) draw conclusions from observed data.
(7) Relate objects and events to other objects and events. The student shall be 
provided opportunities to:
(A)  compare and contrast objects, organisms, and events;
(B) relate classroom objects, science principles, and activities to daily life; 
and
(C) relate science to careers.
(8) Apply defined terms based on observations. The student shall be provided 
opportunities to:
(A) use observations to form definitions of objects, organisms, events, and 
processes;
(B) state relationships among objects, organisms, and events using operational 
definitions; and
(C) apply knowledge of theories, facts, and concepts in explaining observations 
in experimental and controlled situations.
(9) Identify and manipulate the conditions of investigations. The student shall 
be provided opportunities to:
(A) set up and conduct experiments using control groups and experimental groups;
(B) recognize changes in objects, organisms, and events over time;
(C) vary the conditions of if/then statements and situations; and
(D) identify the variables that change and the variables that do not change in 
an investigation.
(f) Science, grade five, shall have a balance of content and activities, shall 
focus on the earth sciences, and shall include the following essential elements.
(1) Manipulate laboratory materials and equipment. The student shall be provided 
opportunities to:
(A) manipulate objects, organisms, and models;
(B) use tools, instruments, and comparators appropriate for life, earth, and 
physical science activities;
(C)  construct two-dimensional and three-dimensional models; and
(D)  practice safety.
(2) Acquire data through the senses. The student shall be provided opportunities 
to:
(A) observe science models;
(B) observe properties and patterns of objects, organisms, and events in the 
environment;
(C) observe similarities and differences in objects, organisms, and events;
(D) observe phenomena resulting from the life, earth, and physical sciences; and
(E) explore the environment.
(3)  Classify, order, and sequence data. The student shall be provided 
opportunities to:
(A) arrange time, events, and activities in sequential order; and
(B) classify matter, forces, and energy, organisms, actions, and events from the 
environment according to similarities and differences.
(4) Communicate data and information in appropriate oral and written form. The 
student shall be provided opportunities to:
(A)  obtain science information from varied resources;
(B) describe objects, organisms, and events from the environment;
(C) name objects, organisms, and events from a description of their properties;
(D)  describe changes that occur to objects and organisms in the environment;
(E) write the sequence of events in investigations;
(F) record data and interpret the arrangement of data on bar graphs, line 
graphs, tables, and other visuals; and
(G) write conclusions to science activities.
(5) Measure using relationships to standards. The student shall be provided 
opportunities to:
(A) gather metric measurement data; and
(B) time an event or a process and compare change over time.
(6)  Draw logical inferences, predict outcomes, and form generalized statements. 
The student shall be provided opportunities to:
(A) predict the outcomes of actions based on experience or data;
(B) make inferences based on data;
(C) form and state generalizations about similarities and differences among 
observed objects, organisms, events, and phenomena;
(D) develop hypotheses; and
(E) draw conclusions from observed data.
(7) Relate objects and events to other objects and events. The student shall be 
provided opportunities to:
(A) compare and contrast objects, organisms, and events;
(B) relate classroom objects, science principles, and activities to daily life; 
and
(C) relate knowledge and skills of science to careers.
(8) Apply defined terms based on observations. The student shall be provided 
opportunities to:
(A) use observations to form definitions of objects, organisms, events, and 
processes;
(B) state relationships among objects, organisms, and events using operational 
definitions; and
(C) apply knowledge of theories, facts, and concepts in explaining observations 
in experimental and controlled situations.
(9) Identify and manipulate the conditions of investigations. The student shall 
be provided opportunities to:
(A) set up and conduct experiments using control groups and experimental groups;
(B) recognize changes in objects, organisms, and events over time;
(C) identify the variables that change and the variables that do not change in 
an investigation; and
(D) manipulate the variables in an investigation.
(g)  Science, grade six, shall have a balance of content and activities, shall 
focus on the physical sciences, and shall include the following essential 
elements.
(1) Manipulate laboratory materials and equipment. The student shall be provided 
opportunities to:
(A) manipulate objects, organisms, and models;
(B) use tools, instruments, and comparators appropriate for life, earth, and 
physical science activities;
(C)  construct two-dimensional and three-dimensional models; and
(D)  practice safety.
(2) Acquire data through the senses. The student shall be provided opportunities 
to:
(A) observe science models;
(B) observe properties and patterns of objects, organisms, and events in the 
environment;
(C) observe similarities and differences in objects, organisms, and events;
(D) observe phenomena and apply knowledge of theories, facts, and concepts from 
the life, earth, and physical sciences; and
(E) explore the environment.
(3) Classify, order, and sequence data and information. The student shall be 
provided opportunities to:
(A)  arrange time, events, and activities in sequential order; and
(B)  classify matter, forces, and energy, organisms, actions, and events from 
the environment according to similarities and differences.
(4) Communicate data and information in appropriate oral and written form. The 
student shall be provided opportunities to:
(A) obtain science information from varied resources;
(B) name and describe objects, organisms, and events from the environment;
(C) describe the factors that govern rates of change;
(D) write the sequence of events in investigations;
(E) record data and interpret the arrangement of data on graphs, tables, and 
other visuals;
(F) describe patterns of data;
(G) describe technological advances;
(H) interpret consumer information obtained from tables, labels, and 
advertisements; and
(I) write conclusions to science activities.
(5) Measure using relationships to standards. The student shall be provided 
opportunities to:
(A) gather metric measurement data; and
(B) time an event or a process and compare change over time.
(6) Draw logical inferences, predict outcomes, and form generalized statements. 
The student shall be provided opportunities to:
(A) predict the outcomes of actions based on experience or data;
(B) develop hypotheses;
(C) make inferences based on data;
(D) form and state generalizations about similarities and differences among 
observed objects, organisms, events, and phenomena; and
(E) draw conclusions from observed data.
(7) Relate objects and events to other objects and events. The student shall be 
provided opportunities to:
(A) compare and contrast objects, organisms, and events;
(B) relate classroom objects, science principles, and activities to daily life; 
and
(C) relate knowledge and skills of science to careers.
(8) Apply defined terms based on observations. The student shall be provided 
opportunities to:
(A)  use observations to form definitions of objects, organisms, events, and 
processes;
(B) state relationships among objects, organisms, and events using operational 
definitions; and
(C) apply knowledge of facts and concepts in explaining observations in 
experimental and controlled situations.
(9) Identify and manipulate the conditions of investigations. The student shall 
be provided opportunities to:
(A) set up and conduct experiments using control groups and experimental groups;
(B) recognize changes in objects, organisms, and events over time;
(C) identify the variables held constant, those variables being manipulated, and 
the variables responding in an investigation; and
(D) design and conduct investigations to test hypotheses.
sec.75.29. Health.
(a) Health, kindergarten. Essential elements described in this subsection for 
health, kindergarten, shall be superseded by the essential elements described in 
sec.75.22(a) and (d) of this title (relating to Kindergarten Education) 
effective September 1995. Health, kindergarten, shall include the following 
essential elements.
(1) Concepts and skills that foster individual personal health and safety. The 
student shall be provided opportunities to:
(A) identify daily practices that promote:
(i)  oral health;
(ii) cleanliness;
(iii) health of eyes and ears;
(iv) habits of rest, sleep, posture, and exercise;
(v) nutritional health; and
(vi) self-concept;
(B)  recognize danger of poisonous substances;
(C) recognize hazards in the environment, and acquire knowledge and skills 
needed to avoid injury and to prevent accidents; and
(D) recognize negative effects of the use of alcohol, tobacco, marijuana, and 
other drugs, with special emphasis on illegal drugs.
(2) Health-related concepts and skills that involve interaction between 
individuals. The student shall be provided opportunities to recognize common 
examples of communicable diseases and identify practices that control their 
transmission.
(b) Health, grade one, shall include the following essential elements.
(1) Concepts and skills that foster individual personal health and safety. The 
student shall be provided opportunities to:
(A) identify daily practices that promote:
(i) oral health;
(ii) cleanliness;
(iii) health of eyes and ears;
(iv) habits of rest, sleep, posture, and exercise;
(v)  nutritional health; and
(vi) self-concept;
(B)  recognize need for adult supervision when taking medicines;
(C)  recognize hazards in the environment, and acquire knowledge and skills 
needed to avoid injury and to prevent accidents; and
(D) recognize negative effects of the use of alcohol, tobacco, marijuana, and 
other drugs, with special emphasis on illegal drugs.
(2) Health-related concepts and skills that involve interaction between 
individuals. The student shall be provided opportunities to:
(A) recognize common examples of communicable diseases and identify practices 
that control their transmission; and
(B) recognize the health of the family is dependent upon the contributions of 
each of its members.
(3) Health-related concepts and skills that affect the well-being of people 
collectively. The student shall be provided opportunities to recognize 
interdependence of people and the environment, and recognize personal 
responsibility for protecting the environment.
(c) Health, grade two, shall include the following essential elements:
(1) concepts and skills that foster individual personal health and safety. The 
student shall be provided opportunities to:
(A) identify daily practices that promote:
(i) oral health;
(ii) cleanliness;
(iii) health of eyes and ears;
(iv) habits of rest, sleep, posture, and exercise;
(v)  nutritional health; and
(vi) self-concept;
(B)  recognize benefits and limitations of medicines;
(C) recognize hazards in the environment, and acquire knowledge and skills 
needed to avoid injury and to prevent accidents; and
(D) recognize negative effects of the use of alcohol, tobacco, marijuana, and 
other drugs, with special emphasis on illegal drugs.
(2) Health-related concepts and skills that involve interaction between 
individuals. The student shall be provided opportunities to:
(A) recognize causes of communicable diseases; and
(B)  recognize the health of the family is dependent upon the contributions of 
each of its members.
(3) Health-related concepts and skills that affect the well-being of people 
collectively. The student shall be provided opportunities to:
(A) recognize interdependence of people and the environment, and recognize 
personal responsibility for protecting the environment; and
(B) recognize sources of pollution.
(d)  Health, grade three, shall include the following essential elements:
(1) concepts and skills that foster individual personal health and safety. The 
student shall be provided opportunities to:
(A) identify daily practices that promote:
(i) oral health;
(ii)  cleanliness;
(iii) health of eyes and ears;
(iv)  habits of rest, sleep, posture, and exercise; and
(v)  self-concept;
(B) make some food choices for self;
(C)  recognize the negative effects of the use of alcohol, tobacco, marijuana, 
and other drugs, with special emphasis on illegal drugs;
(D) practice general emergency procedures; and
(E) recognize hazards in the environment, and acquire knowledge and skills 
needed to avoid injury and to prevent accidents.
(2) Health-related concepts and skills that involve interaction between 
individuals. The student shall be provided opportunities to:
(A) recognize causes of communicable diseases; and
(B)  recognize the health of the family is dependent upon the contributions of 
each of its members.
(3) Health-related concepts and skills that affect the well-being of people 
collectively. The student shall be provided opportunities to:
(A) recognize interdependence of people and the environment, and recognize 
personal responsibility for protecting the environment; and
(B) recognize sources of pollution.
(e)  Health, grade four, shall include the following essential elements.
(1)  Concepts and skills that foster individual personal health and safety. The 
student shall be provided opportunities to:
(A) identify daily practices that promote:
(i) habits of rest, sleep, posture, and exercise; and
(ii) self-concept;
(B) relate fluoridation and snacking habits to dental health;
(C) recognize symptoms of vision and hearing problems;
(D) make some food choices for self;
(E)  recognize negative effects of the use of alcohol, tobacco, marijuana, and 
other drugs, with special emphasis on illegal drugs;
(F) practice general emergency procedures; and
(G) recognize hazards in the environment, and acquire knowledge and skills 
needed to avoid injury and to prevent accidents.
(2) Health-related concepts and skills that involve interaction between 
individuals. The student shall be provided opportunities to:
(A) recognize benefits and limitations of advertising as it relates to selection 
of health services, products, and practitioners;
(B) identify communicable and noncommunicable diseases, their causes, symptoms, 
prevention, and treatment; and
(C) recognize the health of the family is dependent upon the contributions of 
each of its members.
(3) Health-related concepts and skills that affect the well-being of people 
collectively. The student shall be provided opportunities to:
(A) recognize scope of services provided by community health agencies;
(B) recognize interdependence of people and the environment, and recognize 
personal responsibility for protecting the environment; and
(C) recognize health consequences of pollution.
(f) Health, grade five, shall include the following essential elements.
(1) Concepts and skills that foster individual personal health and safety. The 
student shall be provided opportunities to:
(A) identify daily practices that promote self-concept;
(B) identify the structure of teeth and gums;
(C)  recognize symptoms of vision and hearing problems;
(D) review examples of daily schedules that include adequate sleep, rest, and 
regular, vigorous physical activity;
(E) recognize nutritional concerns of adolescents;
(F) recognize negative effects of the use of alcohol, tobacco, marijuana, and 
other drugs, with special emphasis on illegal drugs;
(G) identify ways to care for the principal body systems; and
(H)  recognize hazards in the environment, and acquire knowledge and skills 
needed to avoid injury and to prevent accidents.
(2) Health-related concepts and skills that involve interaction between 
individuals. The student shall be provided opportunities to:
(A) recognize benefits and limitations of advertising as it relates to selection 
of health services, products, and practitioners;
(B) identify communicable and noncommunicable diseases, their causes, symptoms, 
prevention, and treatment;
(C) recognize the health of the family is dependent upon the contributions of 
each of its members; and
(D) recognize need for first aid.
(3) Health-related concepts and skills that affect the well-being of people 
collectively. The student shall be provided opportunities to:
(A)  identify locally available volunteer health agencies; and
(B)  recognize interdependence of people and the environment, and recognize 
personal responsibility for protecting the environment.
(g) Health, grade six, shall include the following essential elements.
(1) Concepts and skills that foster individual personal health and safety. The 
students shall be provided opportunities to:
(A) identify daily practices that promote self-concept;
(B) recognize shared responsibility with parents for own dental care;
(C) recognize symptoms of vision and hearing problems;
(D) review examples of daily schedules that include adequate sleep, rest, and 
regular, vigorous physical activity;
(E) make healthful food choices in context of social environment;
(F) identify factors, including peer pressure, that contribute to alcohol, 
tobacco, marijuana, and other drug abuse and methods of prevention, with special 
emphasis on illegal drugs;
(G) identify ways to care for the principal body systems; and
(H) recognize hazards in the environment, and acquire knowledge and skills 
needed to avoid injury and to prevent accidents.
(2)  Health-related concepts and skills that involve interaction between 
individuals. The student shall be provided opportunities to:
(A)  recognize a logical process of selecting health services, products, and 
practitioners;
(B) identify communicable and noncommunicable diseases, their causes, symptoms, 
prevention, and treatment;
(C) recognize the health of the family is dependent upon the contributions of 
each of its members; and
(D) identify basic emergency treatment, including aid to persons choking or not 
breathing.
(3) Health-related concepts and skills that affect the well-being of people 
collectively. The student shall be provided opportunities to:
(A) relate the system of health services provided by government to the health 
needs of people; and
(B) recognize interdependence of people and the environment, and recognize 
personal responsibility for protecting the environment.
sec.75.30. Physical Education.
(a) Physical education, kindergarten. Essential elements described in this 
subsection for physical education, kindergarten, shall be superseded by the 
essential elements described in  s75.22(d) of this title (relating to 
Kindergarten Education) effective September 1995. Physical education, 
kindergarten, shall include the following essential elements.
(1) Physical fitness development to improve the quality of life. The student 
shall be provided opportunities to participate in developmental activities 
related to muscular strength and endurance, flexibility, and cardiorespiratory 
endurance.
(2) motor skills that develop positive body image and confidence. The student 
shall be provided opportunities to.
(A) Acquire fundamental movement skills:
(i) locomotor (walking, running, jumping, hopping, etc.);
(ii) nonlocomotor (bending and stretching, pushing and pulling, twisting and 
turning, etc.);
(iii) manipulative (working with bean bags, large balls, ropes, etc.) ; and
(iv) posture and body mechanics (standing, sitting, falling safely, etc.);
(B) develop perceptual awareness skills:
(i)  body awareness (an awareness of name, location, and relationship of body 
parts);
(ii) spatial and directional awareness (an awareness of how much space the body 
occupies and where to move);
(iii) coordination (eye-hand, eye-foot, rhythm); and
(iv) balance.
(3)  Rhythmic activities that develop coordination, self-expression, creativity, 
and endurance. The student shall be provided opportunities to participate in 
rhythmic activities:
(A) fundamental skills;
(B) creative rhythms; and
(C) singing games.
(4) Skills related to games and sports. The students shall be provided 
opportunities to:
(A)  participate in skills common to games and sports (starting, stopping, 
dodging, throwing, kicking, catching, etc.);
(B) participate in low-organizational games; and
(C) develop and practice behavior reflective of good sportsmanship and safety.
(5) Sequential gymnastic and tumbling skills. The student shall be provided 
opportunities to:
(A)  develop gross motor skills:
(i) orientation of one's body in space;
(ii) balance;
(iii) eye-body coordination;
(iv) upper body development; and
(B) participate in creeping, crawling, rolling, balancing, climbing, lifting 
one's body.
(b)  Physical education, grade one. Essential elements described in this 
subsection for physical education, grade one, shall be superseded by the 
essential elements described in subsection (h) of this section effective 
September 1993. Physical education, grade one, shall include the following 
essential elements.
(1) Physical fitness development to improve the quality of life. The student 
shall be provided opportunities to participate in developmental activities 
related to muscular strength and endurance, flexibility, and cardiorespiratory 
endurance.
(2) Motor skills that develop positive body image and confidence. The student 
shall be provided opportunities to.
(A) Acquire fundamental movement skills:
(i) locomotor (walking, running, jumping, hopping, skipping, etc.);
(ii)  nonlocomotor (bending and stretching, pushing and pulling, twisting and 
turning, etc.);
(iii) manipulative (working with bean bags, large balls, ropes, etc.); and
(iv) posture and body mechanics (standing, sitting, falling safely, etc.).
(B) Develop perceptual awareness skills:
(i) body awareness (an awareness of name, location, and relationship of body 
parts);
(ii) spatial and directional awareness (an awareness of how much space the body 
occupies and where to move);
(iii)  coordination (eye-hand, eye-foot, rhythm); and
(iv) balance.
(3) Rhythmic activities that develop coordination, self-expression, creativity, 
and endurance. The student shall be provided opportunities to participate in 
rhythmic activities:
(A) fundamental skills;
(B)  creative rhythms; and
(C) singing games.
(4) Skills related to games and sports. The student shall be provided 
opportunities to:
(A)  participate in skills common to games and sports (starting, stopping, 
dodging, throwing, kicking, catching, etc.);
(B) participate in games (low-organizational, creative, and cooperative); and
(C) develop and practice behavior reflective of good sportsmanship and safety.
(5)  Sequential gymnastic and tumbling skills. The student shall be provided 
opportunities to.
(A) Develop gross motor skills:
(i)  orientation of one's body in space;
(ii) balance;
(iii) eye-body coordination; and
(iv) upper body development.
(B) Participate in creeping, crawling, rolling, balancing, climbing, lifting 
one's body.
(c) Physical education, grade two. Essential elements described in this 
subsection for physical education, grade two, shall be superseded by the 
essential elements described in subsection (i) of this section effective 
September 1993. Physical education, grade two, shall include the following 
essential elements.
(1) Physical fitness development to improve the quality of life. The student 
shall be provided opportunities to participate in developmental activities 
related to muscular strength and endurance, flexibility, and cardiorespiratory 
endurance.
(2)  Motor skills that develop positive body image and confidence. The student 
shall be provided opportunities to.
(A) Acquire fundamental movement skills:
(i) locomotor (walking, running, jumping, skipping, etc.);
(ii) nonlocomotor (bending and stretching, pushing and pulling, twisting and 
turning, etc.);
(iii) manipulative (working with bean bags, large balls, ropes, etc.); and
(iv) posture and body mechanics (standing, sitting, falling, safely, etc.).
(B) Develop perceptual awareness skills:
(i) body awareness (an awareness of name, location, and relationship of body 
parts);
(ii) spatial and directional awareness (an awareness of how much space the body 
occupies and where to move);
(iii) coordination (eye-hand, eye-foot, rhythm); and
(iv) balance.
(3) Rhythmic activities that develop coordination, self-expression, creativity, 
and endurance. The student shall be provided opportunities to participate in 
rhythmic activities:
(A)  fundamental skills;
(B) creative rhythms; and
(C) singing games.
(4) Skills related to games and sports. The student shall be provided 
opportunities to:
(A) participate in skills common to games and sports (starting, stopping, 
dodging, throwing, kicking, catching, etc.);
(B) participate in games (low-organizational, creative, and cooperative); and
(C) develop and practice behavior reflective of good sportsmanship and safety.
(5) Sequential gymnastic and tumbling skills. The student shall be provided 
opportunities to:
(A) develop gross motor skills;
(i) orientation of one's body in space;
(ii) balance;
(iii) eye-body coordination; and
(iv) upper body development;
(B) participate in creeping, crawling, rolling, balancing, lifting one's body.
(d) Physical education, grade three. Essential elements described in this 
subsection for physical education, grade three, shall be superseded by the 
essential elements described in subsection (j) of this section effective 
September 1993. Physical education, grade three, shall include the following 
essential elements.
(1) Physical fitness development to improve the quality of life. The student 
shall be provided opportunities to:
(A) participate in developmental activities related to muscular strength and 
endurance, flexibility, and cardiorespiratory endurance; and
(B)  participate in developmental activities for power, agility, speed, 
coordination, reaction, and balance.
(2) Motor skills that develop positive body image and confidence. The student 
shall be provided opportunities to:
(A) continue development of a combination of fundamental movement skills using 
balls and other equipment;
(B) continue development of perceptual awareness skills;
(i) coordination (eye-hand, eye-foot, rhythm); and
(ii) balance.
(3) Rhythmic activities that develop coordination, self-expression, creativity, 
and endurance. The student shall be provided opportunities to participate in 
rhythmic activities:
(A)  rhythmic activities for endurance; and
(B) folk dance.
(4)  Skills related to games and sports. The student shall be provided 
opportunities to:
(A) participate in games (low-organizational, creative, and cooperative);
(B) participate in lead-up and modified games;
(C) develop and practice behavior; and
(D) participate in contests and relays.
(5) Sequential gymnastics and tumbling skills. The student shall be provided 
opportunities to participate in gymnastics and tumbling.
(e) Physical education, grade four. Essential elements described in this 
subsection for physical education, grade four, shall be superseded by the 
essential elements described in subsection (k) of this section effective 
September 1993. Physical education, grade four, shall include the following 
essential elements.
(1) Physical fitness development to improve the quality of life. The student 
shall be provided opportunities to:
(A) participate in development activities related to muscular strength and 
endurance, flexibility, and cardiorespiratory endurance;
(B)  participate in developmental activities for power, agility, speed, 
coordination, reaction, and balance; and
(C) benefit from physical fitness testing and appraisal.
(2) Motor skills that develop positive body image and confidence. The student 
shall be provided opportunities to:
(A) continue development of a combination of fundamental movement skills using 
balls and other equipment;
(B) continue development of perceptual awareness skills:
(i) coordination (eye-hand, eye-foot, rhythm); and
(ii) balance;
(3) rhythmic activities that develop coordination, self-expression, creativity, 
and endurance. The student shall be provided opportunities to participate in 
rhythmic activities:
(A)  rhythmic activities for endurance; and
(B) folk dance.
(4)  Skills related to games and sports. The student shall be provided 
opportunities to:
(A) participate in lead-up and modified games;
(B) participate in individual, team, and recreational games;
(C)  develop and practice behavior reflective of good sportsmanship and safety; 
and
(D) participate in contests and relays.
(5) Sequential gymnastic and tumbling skills. The student shall be provided 
opportunities to participate in gymnastics and tumbling.
(f) Physical education, grade five. Essential elements described in this 
subsection for physical education, grade five, shall be superseded by the 
essential elements described in subsection (l) of this section effective 
September 1993. Physical education, grade five, shall include the following 
essential elements.
(1)  Physical fitness development to improve the quality of life. The student 
shall be provided opportunities to:
(A) participate in developmental activities related to muscular strength and 
endurance, flexibility, and cardiorespiratory endurance;
(B) participate in developmental activities for power, agility, speed, 
coordination, reaction, and balance; and
(C) benefit from physical fitness testing and appraisal.
(2)  Motor skills that develop positive body image and confidence. The student 
shall be provided opportunities to:
(A) continue development of a combination of fundamental movement skills using 
balls and other equipment;
(B) continue development of perceptual awareness skills:
(i)  coordination (eye-hand, eye-foot, rhythm); and
(ii) balance.
(3) Rhythmic activities that develop coordination, self-expression, creativity, 
and endurance. The student shall be provided opportunities to participate in 
rhythmic activities:
(A) rhythmic activities for endurance; and
(B) folk dance.
(4) Skills related to games and sports. The student shall be provided 
opportunities to:
(A) participate in lead-up and modified games;
(B) participate in individual, team, and recreational games;
(C) participate in individual, dual, and modified team sports;
(D) develop and practice behavior reflective of good sportsmanship and safety; 
and
(E) participate in contests and relays.
(5) Sequential gymnastics and tumbling skills. The student shall be provided 
opportunities to participate in gymnastics and tumbling.
(g)  Physical education, grade six. Essential elements described in this 
subsection for physical education, grade six, shall be superseded by the 
essential elements described in subsection (m) of this section effective 
September 1993. Physical education, grade six, shall include the following 
essential elements.
(1) Physical fitness development to improve the quality of life. The student 
shall be provided opportunities to:
(A)  participate in development activities related to muscular strength and 
endurance, flexibility, and cardiorespiratory endurance;
(B)  participate in development activities for power, agility, speed, 
coordination, reaction and balance; and
(C) benefit from physical fitness testing and appraisal.
(2) Motor skills that develop positive body image and confidence. The student 
shall be provided opportunities to:
(A) continue development of a combination of fundamental movement skills using 
balls and other equipment;
(B) continue development of perceptual awareness skills:
(i) coordination (eye-hand, eye-foot, rhythm); and
(ii) balance.
(3) Rhythmic activities that develop coordination, self-expression, creativity, 
and endurance. The student shall be provided opportunities to participate in 
rhythmic activities:
(A)  rhythmic activities for endurance; and
(B) folk dance.
(4)  Skills related to games and sports. The student shall be provided 
opportunities to:
(A) participate in individual, dual, and modified team sports;
(B) develop and practice behavior reflective of good sportsmanship and safety; 
and
(C) participate in contests and relays.
(5) Sequential gymnastics and tumbling skills. The student shall be provided 
opportunities to participate in gymnastics and tumbling.
(h)  Physical education, grade one. Essential elements for physical education, 
grade one, as described in this subsection shall be effective September 1993. 
Physical education, grade one, shall include the following essential elements.
(1) Health-related fitness development to improve the quality of life. The 
student shall be provided opportunities to:
(A) participate in developmental activities related to muscular strength and 
endurance, flexibility, cardiorespiratory endurance, body composition, 
nutrition, health-related fitness concepts and behaviors, and lifestyle problem-
solving skills;
(B)  participate in a cognitive and/or psychomotor appraisal of personal health 
fitness through a health-related fitness assessment that measures 
cardiorespiratory fitness, flexibility, and abdominal strength;
(C)  participate in activities that address the three components of fitness 
training (frequency, intensity, and duration) required to develop and maintain 
desired levels of fitness (e.g., folk dance, jump rope, power walk, jog, 
vigorous games and activities); and
(D) develop and exhibit positive safety practices (warm-up and cool-down).
(2) Motor skills that contribute to positive body image and confidence. The 
student shall be provided opportunities to:
(A) develop fundamental movement skills using space, time, and energy through 
problem solving strategies:
(i) locomotor (e.g., walking, running, jumping, hopping, skipping);
(ii)  nonlocomotor (e.g., bending and stretching, pushing and pulling, twisting 
and turning);
(iii) manipulative (e.g., working with bean bags, large balls, ropes);
(iv) posture and body mechanics (e.g., standing, sitting, falling safely,); and
(v) combined movement experiences (e.g., walking and twisting, running and 
throwing, walking and swinging);
(B) develop perceptual awareness skills through movement analysis, including:
(i) body awareness (awareness of name, location, and relationship of body 
parts);
(ii) spatial and directional awareness (awareness of how much space the body 
occupies and where to move);
(iii) coordination (e.g., eye-hand, eye-foot, rhythm); and
(iv) balance.
(3) Rhythmic activities using exploration and performance (with or without 
manipulatives) that develop self-expression, creativity, and skilled movement. 
The student shall be provided opportunities to:
(A) participate in simple multicultural dances;
(B)  participate in creative rhythms; and
(C) participate in rhythmic activities requiring music.
(4) Skills related to games and sports. The student shall be provided 
opportunities to:
(A) participate in games of low organization and/or games that children develop 
using basic skills (e.g., starting, stopping, dodging, throwing, kicking, 
catching);
(B)  participate in games (creative and cooperative); and
(C) develop and exhibit positive sportsmanship and safety practices.
(5) Sequential gymnastic and tumbling skills. The student shall be provided 
opportunities to:
(A) develop balance, body coordination, agility, and upper body strength using 
apparatus;
(B) participate in creeping, crawling, rolling, balancing, climbing, lifting 
one's body; and
(C) exhibit safety practices.
(i) Physical education, grade two. Essential elements for physical education, 
grade two, as described in this subsection shall be effective September 1993. 
Physical education, grade two, shall include the following essential elements.
(1) Health-related fitness development to improve the quality of life. The 
student shall be provided opportunities to:
(A) participate in developmental activities related to muscular strength and 
endurance, flexibility, cardiorespiratory endurance, body composition, 
nutrition, health-related fitness concepts and behaviors, and lifestyle problem-
solving skills;
(B) participate in a cognitive and/or psychomotor appraisal of personal health 
fitness through a health-related fitness assessment that measures 
cardiorespiratory fitness, flexibility, and abdominal strength;
(C) participate in activities that address the three components of fitness 
training (frequency, intensity, and duration) required to develop and maintain 
desired levels of fitness (e.g., folk dance, jump rope, power walk, jog, 
vigorous games and activities); and
(D)  develop and exhibit positive safety practices (warm-up and cool-down).
(2) Motor skills that contribute to positive body image and confidence. The 
student shall be provided opportunities to:
(A) develop fundamental movement skills using space, time, and energy through 
problem solving strategies:
(i) locomotor (e.g., walking, running, jumping, skipping);
(ii) nonlocomotor (e.g., bending and stretching, pushing and pulling, twisting 
and turning);
(iii) manipulative (e.g., working with bean bags, large balls, ropes);
(iv) posture and body mechanics (e.g., standing, sitting, falling, safely); and
(v) combined movement experiences (e.g., walking and twisting, running and 
throwing, walking and swinging);
(B) develop perceptual awareness skills through movement analysis, including:
(i) body awareness (awareness of name, location, and relationship of body 
parts);
(ii) spatial and directional awareness (awareness of how much space the body 
occupies and where to move); and
(iii) coordination (e.g., eye-hand, eye-foot, rhythm).
(C) Exhibit safety practices.
(3) Rhythmic activities using exploration and performance (with or without 
manipulatives) that develop coordination, self-expression, creativity, and 
skilled movement. The student shall be provided opportunities to:
(A) participate in simple multicultural dances;
(B) participate in creative rhythms; and
(C)  participate in rhythmic activities requiring music.
(4) Skills related to games and sports. The student shall be provided 
opportunities to:
(A) participate in games of low organization using basic skills (e.g., starting, 
stopping, dodging, throwing, kicking, catching);
(B)  participate in games (creative and cooperative); and
(C) develop and exhibit positive sportsmanship and safety practices.
(5) Sequential gymnastic and tumbling skills. The student shall be provided 
opportunities to:
(A) develop balance, body coordination, agility, and upper body strength using 
apparatus;
(B) participate in creeping, crawling, rolling, balancing, lifting one's body; 
and
(C) exhibit safety practices.
(j) Physical education, grade three. Essential elements for physical education, 
grade three, as described in this subsection shall be effective September 1993. 
Physical education, grade three, shall include the following essential elements.
(1) Health-related fitness development to improve the quality of life. The 
student shall be provided opportunities to:
(A)  participate in developmental activities related to muscular strength and 
endurance, flexibility, cardiorespiratory endurance, body composition, 
nutrition, health related fitness concepts and behaviors, and lifestyle problem-
solving skills;
(B) participate in a cognitive and/or psychomotor appraisal of personal health 
fitness through a health-related fitness assessment that measures 
cardiorespiratory fitness, flexibility, and abdominal strength;
(C) participate in sustained and continuous activities that address the three 
components of fitness training (frequency, intensity, and duration) required to 
develop and maintain desired levels of fitness (e.g., folk dance, jump rope, 
power walk, jog); and
(D) develop and exhibit positive safety practices (warm-up and cool-down).
(2) Motor skills that contribute to positive body image and confidence. The 
student shall be provided opportunities to:
(A) continue development of a combination of fundamental movement skills using 
space, time, and energy through problem solving strategies with balls and other 
equipment;
(B) continue development of perceptual awareness skills through movement 
analysis, including;
(i) coordination (e.g., eye-hand, eye-foot, rhythm);
(ii)  balance; and
(iii) agility;
(C) exhibit safety practices.
(3) Rhythmic activities using exploration and performance (with or without 
manipulatives) that develop coordination, self-expression, creativity, and 
skilled movement. The student shall be provided opportunities to:
(A) participate in rhythmic activities for endurance;
(B)  participate in folk dances that develop multicultural heritage; and
(C)  participate in creative activities.
(4) Skills related to games and sports. The student shall be provided 
opportunities to:
(A) participate in games (low-organizational, creative, and cooperative);
(B)  participate in lead-up and modified games;
(C) participate in lead-up individual, team, and recreational games;
(D) develop and exhibit positive sportsmanship and safety practices; and
(E)  participate in contests and relays.
(5) Sequential gymnastic and tumbling skills. The student shall be provided 
opportunities to:
(A)  develop balance, body coordination, agility, and upper body strength using 
apparatus;
(B) explore, develop, and perform in a patterned sequence; and
(C) exhibit safety practices.
(k) Physical education, grade four. Essential elements for physical education, 
grade four, as described in this subsection shall be effective September 1993. 
Physical education, grade four, shall include the following essential elements.
(1)  Health-related fitness development to improve the quality of life. The 
student shall be provided opportunities to:
(A) participate in developmental activities related to muscular strength and 
endurance, flexibility, cardiorespiratory endurance, body composition, 
nutrition, health-related fitness concepts and behaviors, and lifestyle problem-
solving skills;
(B)  participate in a cognitive and/or psychomotor assessment of health-related 
fitness that measures cardiorespiratory fitness (sustain 20 minutes of activity 
in personal target heart rate zone) flexibility, and abdominal strength twice 
during the school year;
(C) participate in sustained and continuous activities that address the three 
components of fitness training (frequency, intensity, and duration) required to 
develop and maintain desired levels of fitness; and
(D) develop and exhibit positive safety practices (warm-up and cool-down).
(2) Motor skills that contribute to positive body image and confidence. The 
student shall be provided opportunities to:
(A)  continue development of a combination of fundamental movement skills using 
space, time, and energy through problem solving strategies with balls and other 
equipment;
(B) continue development of perceptual awareness skills through movement 
analysis, including:
(i) coordination (e.g., eye-hand, eye-foot, rhythm);
(ii) balance; and
(iii)  agility;
(C) exhibit safety practices.
(3) Rhythmic activities using exploration and performance (with or without 
manipulatives) that develop coordination, self-expression, and creativity. The 
student shall be provided opportunities to:
(A) participate in rhythmic activities for endurance;
(B) participate in folk dances that develop multicultural heritage; and
(C) participate in creative movement experiences.
(4)  Skills related to games and sports. The student shall be provided 
opportunities to:
(A) participate in lead-up and modified games;
(B) participate in individual, team, and modified recreational games;
(C) participate in contests and relays;
(D) develop and exhibit positive sportsmanship and safety practices; and
(E) participate in games (creative and cooperative).
(5) Sequential gymnastic and tumbling skills. The student shall be provided 
opportunities to:
(A) demonstrate skills using apparatus and floor activities;
(B) explore, develop, and perform in a patterned sequence; and
(C) exhibit safety practices.
(l) Physical education, grade five. Essential elements for physical education, 
grade five, as described in this subsection shall be effective September 1993. 
Physical education, grade five, shall include the following essential elements.
(1) Health-related fitness development to improve the quality of life. The 
student shall be provided opportunities to:
(A)  participate in developmental activities related to muscular strength and 
endurance, flexibility, cardiorespiratory endurance, body composition, 
nutrition, health-related fitness concepts and behaviors, and lifestyle problem-
solving skills;
(B) participate in a cognitive and/or psychomotor assessment of health-related 
fitness that measures cardiorespiratory fitness, (sustained at the recommended 
duration of 20 minutes of activity in the personal target heart rate zone), 
flexibility, and abdominal strength twice during the school year;
(C) participate in sustained and continuous activities that address the three 
components of fitness training (frequency, intensity, and duration) required to 
develop and maintain desired levels of fitness; and
(D)  develop and exhibit positive safety practices (warm-up and cool-down).
(2) Motor skills that contribute to positive body image and confidence. The 
student shall be provided opportunities to:
(A) continue development of a combination of fundamental movement skills using 
space, time and energy through problem solving strategies with balls and other 
equipment;
(B) continue development of perceptual awareness skills through movement 
analysis, including:
(i) coordination (e.g., eye-hand, eye-foot, rhythm);
(ii) balance; and
(iii) agility;
(C)  exhibit safety practices.
(3) Rhythmic activities using exploration and performance (with or without 
manipulatives) that develop coordination, self-expression, and creativity. The 
student shall be provided opportunities to:
(A) participate in rhythmic activities for endurance;
(B)  participate in folk dances that develop multicultural heritage; and
(C)  participate in creative movement experiences and dance making:
(i)  vary time, space, energy, and flow; and
(ii) express ideas, feelings, and design through movement images.
(4) Skills related to games and sports. The student shall be provided 
opportunities to:
(A)  develop skills and participate in individual, dual, recreational leisure 
activities, and modified team sports;
(B) develop and exhibit positive sportsmanship and safety practices;
(C) participate in contests and relays; and
(D) participate in games (creative and cooperative).
(5) Sequential gymnastic and tumbling skills. The student shall be provided 
opportunities to participate in gymnastics and tumbling:
(A)  demonstrate skills using apparatus and floor activities;
(B)  explore, develop, and perform in a patterned sequence; and
(C)  exhibit safety practices.
(m) Physical education, grade six. Essential elements for physical education, 
grade six, as described in this subsection shall be effective September 1993. 
Physical education, grade six, shall include the following essential elements.
(1) Health-related fitness development to improve the quality of life. The 
student shall be provided opportunities to:
(A) participate in developmental activities related to muscular strength and 
endurance, flexibility, cardiorespiratory endurance, body composition, 
nutrition, health-related fitness concepts and behaviors, and lifestyle problem-
solving skills;
(B) participate in a cognitive and/or psychomotor assessment of health-related 
fitness that measures cardiorespiratory fitness (sustain 20 minutes of activity 
in personal target heart rate zone), flexibility, and abdominal strength twice 
during the school year;
(C) participate in sustained and continuous activities that address the three 
components of fitness training (frequency, intensity, and duration) required to 
develop and maintain desired levels of fitness;
(D)  continue to exhibit positive safety practices (warm-up and cool-down);
(E) participate in activities that address specificity, overload, and 
progression of benefits of exercise;
(F) understand the concepts of fatigue and the benefits of exercise;
(G) participate in flexibility and stretching activities;
(H) understand and participate in activities that reduce stress; and
(I) demonstrate cognitive understanding of the benefits of the components of 
health-related components.
(2) Motor skills that contribute to positive body image and confidence. The 
student shall be provided opportunities to:
(A) continue development of a combination of fundamental movement skills using 
space, time, and energy through problem solving strategies with balls and other 
equipment;
(B) continue development of perceptual awareness skills through movement 
analysis, including:
(i) coordination (e.g., eye-hand, eye-foot, rhythm);
(ii)  balance; and
(iii) agility;
(C) exhibit safety practices.
(3) Rhythmic activities that develop coordination, self-expression, creativity, 
and skilled movement. The student shall be provided opportunities to:
(A) explore, develop, and perform multicultural, folk, self created activities 
for endurance, and teacher choreographed dances; and
(B) observe, describe, and analyze rhythmic activities.
(4)  Skills related to games and sports. The student shall be provided 
opportunities to:
(A) develop skills and participate in individual, dual, recreational leisure 
activities, and modified team sports;
(B)  develop and exhibit sportsmanship and safety practices; and
(C)  participate in games (creative and cooperative).
(5) Sequential gymnastic and tumbling skills. The student shall be provided 
opportunities to:
(A) participate in sequential gymnastics and tumbling activities that develop 
coordination, strength, flexibility, and kinesthetic awareness;
(B)  demonstrate skills using apparatus and floor activities; and
(C)  exhibit safety practices.
sec.75.31. Fine Arts.
(a) Fine arts, kindergarten. Essential elements described in this subsection for 
fine arts, kindergarten, shall be superseded by the essential elements described 
in sec.75.22(c) of this title (relating to Kindergarten Education) effective 
September 1995. Fine arts, kindergarten, shall include the following essential 
elements.
(1) Art.
(A) Awareness and sensitivity to natural and man-made environments. The student 
shall be provided opportunities to discover line, color, shape, texture by 
seeing and feeling objects.
(B) Inventive and imaginative expression through art materials and tools. The 
student shall be provided opportunities to:
(i) express individual ideas, thoughts, and feelings in simple media including 
drawing, painting, and printmaking; and
(ii)  experiment with art materials to understand properties and develop skills.
(C) Understanding and appreciation of self and others through art culture and 
heritage. The student shall be provided opportunities to look at and talk about 
contemporary and past artworks including primary sources and art visuals.
(D) Aesthetic growth through visual discrimination and judgement. The student 
shall be provided opportunities to explore artwork of students and major 
artists.
(2) Music.
(A) Singing concepts and skills. The student shall be provided opportunities to:
(i)  explore vocal sounds including imitation and recognition of environmental 
sounds, difference between singing and speaking voice, tone matching, rote 
singing of melodic patterns; and
(ii) sing songs including total group singing of action, seasonal, patriotic, 
and popular songs.
(B) Music listening. The student shall be provided opportunities to:
(i) recognize aurally including high/low, fast/slow, loud/soft, up/down, 
long/short, smooth/jerky;
(ii) hear short selections for quiet listening and expressive movement;
(iii) hear music that tells a story; and
(iv) listen and identify simple music forms.
(C) Responses to music through moving and playing. The student shall be provided 
opportunities to:
(i) perform gross motor movement to records and singing including locomotor and 
axial;
(ii) perform action songs;
(iii) move to express mood or meaning of the music including steady beat and 
body sounds;
(iv) perform singing games; and
(v) explore sounds including environmental, body, homemade and commercial rhythm 
and melody instruments.
(3) Theatre arts.
(A)  Expressive use of the body and voice. The student shall be provided 
opportunities to:
(i) develop body awareness and spatial perception using rhythmic and imitative 
movement; and
(ii) imitate sounds.
(B) Creative drama. The student shall be provided opportunities to dramatize 
limited-action stories and poems using simple pantomime.
(b)  Fine arts, grade one, shall include the following essential elements.
(1) Art.
(A) Awareness and sensitivity to natural and man-made environments. The student 
shall be provided opportunities to:
(i)  discover, line, color, shape and texture by seeing and feeling objects; and
(ii) understand formal structure in art including unity and emphasis.
(B) Inventive and imaginative expression through art materials and tools. The 
student shall be provided opportunities to:
(i)  express individual ideas, thoughts, and feelings in simple media including 
drawing, painting, print-making, constructing, three-dimensional forms; and
(ii) experiment with art materials to understand properties and develop skills.
(C) Understanding and appreciation of self and others through art culture and 
heritage. The student shall be provided opportunities to look at and talk 
contemporary and past artworks including primary sources and art visuals.
(D) Aesthetic growth through visual discrimination and judgement. The student 
shall be provided opportunities to:
(i) explore artwork of students and major artists; and
(ii)  apply art knowledge and judgement through personal choices.
(2)  Music. Essential elements described in this subsection for music, grade 
one, shall be superseded by the essential elements for general music described 
in paragraph (4) of this subsection effective September 1995.
(A) Singing concepts and skills. The student shall be provided opportunities to:
(i)  explore vocal sounds including imitation and recognition of environmental 
sounds, difference between singing and speaking voice, tone matching, rote 
singing of melodic patterns;
(ii) sing songs including total group singing of action, seasonal, patriotic, 
and popular songs;
(iii) develop the voice including deep breathing for singing;
(iv) perform contrasts including high/low, up/downs;
(v)  recognize aurally the difference between melody and accompaniment, repeated 
sections; and
(vi) sing individually.
(B) Music listening. The student shall be provided opportunities to:
(i)  recognize aurally high/low, fast/slow, loud/soft, up/down, long/short, 
smooth/jerky;
(ii) hear short selections for quiet listening and expressive movement;
(iii) hear music that tells a story;
(iv)  recognize solo instruments by sound and sight; and
(v)  listen to and identify simple music forms.
(C) Responses to music through moving and playing. The student shall be provided 
opportunities to:
(i) perform gross motor movement to records and singing including locomotor and 
axial;
(ii) perform action songs;
(iii)  move to express mood or meaning of the music, steady beat and body 
sounds;
(iv) perform singing games; and
(v) accompany songs and records with body sounds and homemade or commercial 
rhythm and melody instruments.
(3) Theatre arts.
(A) Expressive use of the body and voice. The student shall be provided 
opportunities to:
(i)  develop body awareness and spatial perception using rhythmic and creative 
movement, and sensory awareness; and
(ii) create sounds.
(B) Creative drama. The student shall be provided opportunities to dramatize 
limited-action stories and poems using simple pantomime and puppetry.
(4) General music. Essential elements for general music, grade one, as described 
in this subsection shall be effective September 1995.
(A)  Singing concepts and skills. The student shall be provided opportunities 
to:
(i) explore the differences between speaking and singing voices;
(ii) sing individually and/or in groups, including echo singing melodic 
patterns;
(iii) sing songs, including folk songs from diverse cultures, seasonal, and 
patriotic songs that are appropriate for the student's age;
(iv) sing using appropriate tone quality, posture, diction, and breathing; and
(v) perform contrasts, including higher/lower, louder/softer, and faster/slower.
(B) Listening concepts and skills. The student shall be provided opportunities 
to:
(i)  recognize aurally longer/shorter, higher/lower, upward/downward, 
same/different, louder/softer, and faster/slower;
(ii) use inner hearing (thinking or "hearing" rhythms or pitches internally);
(iii)  listen to music that suggests a story or subject;
(iv)  listen to instrumental and vocal music of diverse cultures and styles;
(v) listen to and recognize different tone colors, including voices, 
environmental sounds, and classroom instruments;
(vi) recognize selected solo instruments by sight and sound;
(vii) listen to and identify simple musical phrases;
(viii) attend performances and/or view videos or films of performances; and
(ix) learn and practice appropriate concert etiquette as an actively involved 
listener.
(C)  Moving and playing to respond to music and/or demonstrate concepts. The 
student shall be provided opportunities to:
(i) perform locomotor and non-locomotor movements in groups individually, or 
with partners while listening or singing;
(ii) perform action songs and singing games from diverse cultures;
(iii) create dramatizations and movements to music;
(iv) perform and create accompaniments using body percussion sounds and/or 
classroom instruments; and
(v) enhance or dramatize speech, songs, and poems using body percussion sounds 
and/or classroom instruments.
(D) Using notation. The student shall be provided opportunities to:
(i) demonstrate steady beat by patting, tapping, and stepping with songs and 
poems;
(ii) show the difference between music with beats in sets of two and sets of 
three;
(iii) respond to and create simple rhythmic patterns;
(iv) respond to and create simple melodic patterns; and
(v) identify and use musical symbols selected from materials used in class.
(c) Fine arts, grade two, shall include the following essential elements.
(1) Art.
(A)  Awareness and sensitivity to natural and man-made environments. The student 
shall be provided opportunities to:
(i) discover and explore line, color, shape, texture, value, form, and space; 
and
(ii) understand formal structure in art including unity, emphasis, balance, and 
variety.
(B) Inventive and imaginative expression through art materials and tools. The 
student shall be provided opportunities to:
(i) express individual ideas, thoughts, and feelings in simple media including 
drawing, painting, printmaking, and constructing and modeling three-dimensional 
forms; and
(ii) experiment with art materials to understand properties and develop 
manipulative skills.
(C) Understanding and appreciation of self and others through art culture and 
heritage. The student shall be provided opportunities to look at and talk about 
contemporary and past artworks including primary sources and art visuals.
(D) Aesthetic growth through visual discrimination and judgement. The student 
shall be provided opportunities to:
(i) explore and examine artwork of students and major artists; and
(ii) apply art knowledge and judgement through personal choices.
(2) Music. Essential elements described in this subsection for music, grade two, 
shall be superseded by the essential elements for general music described in 
paragraph (4) of this subsection effective September 1995.
(A)  Singing concepts and skills. The student shall be provided opportunities 
to:
(i) explore vocal sounds including imitation and recognition of environmental 
sounds, difference between singing and speaking voice, tone matching, and rote 
singing of melodic patterns;
(ii) sing songs including total group singing of action, seasonal, patriotic, 
and popular songs and rounds;
(iii) create dramatizations, movements, and new words to songs;
(iv) develop the voice including deep breathing for singing;
(v) perform contrasts including high/low, up/down, fast/slow, loud/soft;
(vi) recognize aurally the difference between melody and accompaniment, repeated 
sections, contrasting sections; and
(vii) sing individually.
(B) Music listening. The student shall be provided opportunities to:
(i) recognize aurally high/low, fast/slow, loud/soft, up/down, long/short, 
smooth/jerky mood, difference between melody and accompaniment, repeated 
sections;
(ii) hear short selections for quiet listening and expressive movement;
(iii) hear music that tells a story;
(iv) recognize solo instruments by sound and sight; and
(v) listen to and identify simple music forms.
(C) Responses to music through moving and playing. The student shall be provided 
opportunities to:
(i) perform gross motor movement to records and singing including locomotor and 
axial;
(ii) perform action songs;
(iii) move to express mood and meaning of the music including steady beat and 
body sounds;
(iv) perform singing games;
(v) accompany songs and records with body sounds and homemade or commercial 
rhythm and melody instruments; and
(vi) imitate and perform simple melodic and rhythmic patterns and rhythms such 
as stead beat, rhythmic of words, beat groupings of twos (march) and threes 
(waltz).
(3)  Theatre arts.
(A) Expressive use of the body and voice. The student shall be provided 
opportunities to:
(i) develop body awareness and spatial perception using rhythmic and creative 
movement, sensory awareness, and pantomime; and
(ii) create sounds and dialogue.
(B)  Creative drama. The student shall be provided opportunities to dramatize 
literary selections using shadow play, pantomime, and creative dialogue.
(4) General music. Essential elements for general music, grade two, as described 
in this subsection shall be effective September 1995.
(A)  Singing concepts and skills. The student shall be provided opportunities 
to:
(i) sing individually and/or in groups, including echo singing melodic patterns;
(ii) sing songs, including folk songs from diverse cultures, seasonal, and 
patriotic songs that are appropriate for the student's age;
(iii) sing with pitch accuracy while using appropriate tone quality, posture, 
diction, and breathing;
(iv)  sing simple repetitive patterns to accompany familiar songs;
(v)  create new melodies to familiar texts and new words to familiar songs; and
(vi) perform contrasts including higher/lower, louder/softer, and faster/slower.
(B) Listening concepts and skills. The student shall be provided opportunities 
to:
(i) recognize aurally longer/shorter, higher/lower, upward/downward, 
same/different, louder/softer, and faster/slower;
(ii) use inner hearing, including recognizing songs by rhythm/melody only;
(iii) listen to music that suggests a story or subject;
(iv) listen to instrumental and vocal music of diverse cultures and styles;
(v) recognize additional selected solo instruments by sound and sight;
(vi) recognize aurally same/different phrases and contrasting sections such as 
AB and ABA;
(vii)  attend performances and/or view videos or films of performances; and
(viii) learn and practice appropriate concert etiquette as an actively involved 
listener.
(C) Moving and playing to respond to music and/or demonstrate concepts. The 
student shall be provided opportunities to:
(i) perform locomotor and non-locomotor movements in groups individually, or 
with partners while listening or singing;
(ii)  perform action songs, singing games, circle dances, and line dances from 
diverse cultures;
(iii) create dramatizations and movements to music;
(iv) perform and create accompaniments using body percussion sounds and/or 
classroom instruments; and
(v) show vocally, instrumentally, or by movement simple musical forms such as 
AB, ABA.
(D)  Using notation. The student shall be provided opportunities to:
(i)  demonstrate steady beat by patting, tapping, clapping, and stepping with 
songs and poems;
(ii) read and write simple four- and eight-beat rhythmic patterns;
(iii) read and write simple four- and eight-beat melodic patterns; and
(iv) identify and use musical symbols selected from materials used in class.
(d) Fine arts, grade three, shall include the following essential elements.
(1) Art.
(A)  Awareness and sensitivity to natural and man-made environments. The student 
shall be provided opportunities to:
(i) discover, explore, and examine art elements including line, color, shape, 
texture, value, form, and space; and
(ii) understand formal structure in art including unity, emphasis, balance, and 
variety.
(B) Inventive and imaginative expression through art materials and tools. The 
student shall be provided opportunities to:
(i) express individual ideas, thoughts, and feelings in simple media including 
drawing, painting, printmaking, and constructing and modeling three-dimensional 
forms, and manipulating fibers; and
(ii) experiment with art materials to understand properties and develop 
manipulative skills.
(C) Understanding and appreciation of self and others through art culture and 
heritage. The student shall be provided opportunities to look at and talk about 
contemporary and past artworks including primary sources and art visuals.
(D) Aesthetic growth through visual discrimination and judgement. The student 
shall be provided opportunities to:
(i) explore, examine, and evaluate artwork of students and major artists; and
(ii) apply art knowledge and judgement through personal and home-related 
choices.
(2) Music. Essential elements described in this subsection for music, grade 
three, shall be superseded by the essential elements for general music described 
in paragraph (4) of this subsection effective September 1995.
(A) Singing concepts and skills. The student shall be provided opportunities to:
(i) sing songs including total group singing of action, seasonal, patriotic, and 
popular songs and rounds;
(ii) create dramatizations, movements, and new words to songs;
(iii) develop the voice including deep breathing for singing;
(iv) perform contrasts including high/low, up/down, fast/slow, loud/soft, 
same/different, long/short;
(v) recognize aurally the difference between melody and accompaniment, repeated 
sections, contrasting sections, and sections that return after a contrast;
(vi) sing individually; and
(vii) sing and identify simple music forms.
(B) Music listening. The student shall be provided opportunities to:
(i) recognize aurally high/low, fast/slow, loud/soft, up/down, long/short, 
smooth/jerky mood, difference between melody and accompaniment, repeated 
sections, and contrasting sections;
(ii) hear music that tells a story;
(iii) recognize solo instruments by sound, sight, and categorize by families 
(woodwind, brass, strings, percussion); and
(iv)  listen to and identify simple music forms.
(C) Responses to music through moving and playing. The student shall be provided 
opportunities to:
(i) perform gross motor movement to records and singing including locomotor and 
axial;
(ii) perform action songs;
(iii)  move to express mood and meaning of the music including steady beat and 
body sounds;
(iv) perform singing games;
(v) accompany songs and records with body sounds and homemade or commercial 
rhythm and melody instruments; and
(vi) imitate and perform simple melodic and rhythmic patterns and rhythms such 
as stead beat, rhythmic of words, beat groupings of twos (march) and threes 
(waltz).
(3) Theatre arts.
(A)  Expressive use of the body and voice. The student shall be provided 
opportunities to:
(i) develop body awareness and spatial perception using rhythmic and creative 
movement, sensory awareness, and pantomime;
(ii) create sounds and dialogue; and
(iii) recall sensory and emotional experiences.
(B) Creative drama. The student shall be provided opportunities to dramatize 
literary selections using shadow play, pantomime, and creative dialogue.
(C) Aesthetic growth through appreciation of theatrical events. The student 
shall be provided opportunities to view theatrical events emphasizing player-
audience relationship and audience etiquette.
(4) General music. Essential elements for general music, grade three, as 
described in this subsection shall be effective September 1995.
(A) Singing concepts and skills. The student shall be provided opportunities to:
(i) sing short sections of songs individually or in small groups;
(ii) sing songs, including folk songs from diverse cultures, seasonal, and 
patriotic songs that are appropriate for the student's age;
(iii) sing with pitch accuracy while using appropriate tone quality, posture, 
diction, and breathing;
(iv) sing simple repetitive patterns to accompany familiar songs; sing simple 
canons, partner songs and chord root singing; and
(v) create new melodies to familiar texts and new words to familiar songs.
(B) Listening concepts and skills. The student shall be provided opportunities 
to:
(i)  recognize aurally longer/shorter, higher/lower, upward/downward, 
same/different, louder/softer, and faster/slower;
(ii) use inner hearing, including recognizing songs by rhythm/melody only;
(iii)  listen to program (music that suggests a story), and non-program music 
from various periods;
(iv) listen to instrumental and vocal music of diverse cultures and styles;
(v) listen to and identify the differences between instruments within each 
orchestral family (strings, woodwind, brass, percussion), and instruments from 
diverse cultures and periods;
(vi) listen to and identify simple forms such as ABA and rondo (e.g., ABACA) and 
types of music such as march and waltz;
(vii) attend performances and/or view videos or films of performances; and
(viii)  learn and practice appropriate concert etiquette as an actively involved 
listener.
(C) Moving and playing to respond to music and/or demonstrate concepts. The 
student shall be provided opportunities to:
(i)  perform action songs, singing games, circle dances, and/or line dances from 
diverse cultures;
(ii) create dramatizations and movements to music;
(iii) perform and create accompaniments using body percussion sounds and/or 
classroom instruments;
(iv) show vocally, instrumentally, or by movement simple musical forms such as 
ABA and rondo; and
(v) use movement to explore the difference between music with beats in sets of 
two and sets of three.
(D) Using notation. The student shall be provided opportunities to:
(i) demonstrate steady beat;
(ii) read and write simple rhythmic patterns in music with beats in sets of two 
and sets of three;
(iii) read and write simple melodic patterns; and
(iv) identify and use musical symbols selected from materials used in class.
(e) Fine arts, grade four, shall include the following essential elements.
(1) Art.
(A) Awareness and sensitivity to natural and man-made environments. The student 
shall be provided opportunities to:
(i) discover, explore, and examine art elements including line, color, shape, 
texture, value, form, and space; and
(ii)  understand formal structure in art including unity, emphasis, balance, and 
variety.
(B) Inventive and imaginative expression through art materials and tools. The 
student shall be provided opportunities to:
(i)  express individual ideas, thoughts, and feelings in simple media including 
drawing, painting, printmaking, and constructing and modeling three-dimensional 
forms, and manipulating fibers, and exploring photographic imagery; and
(ii) experiment with art materials to understand properties and develop 
manipulative skills.
(C) Understanding and appreciation of self and others through art culture and 
heritage. The student shall be provided opportunities to:
(i) look at and talk about contemporary and past artworks including primary 
sources and art visuals; and
(ii) develop awareness of art careers.
(D) Aesthetic growth through visual discrimination and judgement. The student 
shall be provided opportunities to:
(i) explore, examine, and evaluate artwork of students and major artists, and 
home and community design; and
(ii)  apply art knowledge and judgement through personal and home-related 
choices.
(2) Music. Essential elements described in this subsection for music, grade 
four, shall be superseded by the essential elements for general music described 
in paragraph (4) of this subsection effective September 1995. (Band, choral 
music, or orchestra may be offered in lieu of music).
(A)  Singing concepts and skills. The student shall be provided opportunities 
to:
(i) sing songs including total group singing of action, seasonal, patriotic, and 
popular songs and rounds;
(ii) create dramatizations, movements, and new words to songs;
(iii) develop the voice including deep breathing for singing and clear diction;
(iv)  perform contrasts including high/low, up/down, fast/slow, loud/soft, 
same/different, long/short;
(v) recognize aurally the difference between melody and accompaniment, repeated 
sections, contrasting sections, and sections that return after a contrast;
(vi) sing individually; and
(vii) sing and identify simple music forms.
(B) Music listening. The student shall be provided opportunities to:
(i)  recognize aurally high/low, fast/slow, loud/soft, up/down, long/short, 
smooth/jerky mood, difference between melody and accompaniment, repeated 
sections, and contrasting sections, sections that return after a contrast;
(ii) hear music that tells a story;
(iii) recognize solo instruments by sound, sight, and categorize by families 
(woodwind, brass, strings, percussion); and
(iv) hear music of other cultures; and
(v) listen to identify simple forms.
(C) Responses to music through moving and playing. The student shall be provided 
opportunities to:
(i) perform action songs;
(ii) move to express mood and meaning of the music including steady beat and 
body sounds;
(iii)  play American folk games and perform ethnic dances;
(iv)  accompany songs and records with body sounds and homemade or commercial 
rhythm and melody instruments;
(v) see, play, and sing simple melodic and rhythmic patterns, steady beat, beat 
groupings; and
(vi)  recognize visually letter names of notes on treble staff.
(3)  Theatre arts.
(A) Expressive use of the body and voice. The student shall be provided 
opportunities to:
(i) develop body awareness and spatial perception using rhythmic and creative 
movement, sensory awareness, and pantomime;
(ii) express concepts using interpretive movement;
(iii) create original dialogue; and
(iv) recall sensory and emotional experiences.
(B) Creative drama. The student shall be provided opportunities to dramatize 
literary selections using shadow play, pantomime, creative dialogue, 
improvisation, characterization, and puppetry.
(C) Aesthetic growth through appreciation of theatrical events. The student 
shall be provided opportunities to:
(i) view theatrical events emphasizing player-audience relationship, audience 
etiquette, and recognition of similarities and differences between television, 
film, and live theatre; and
(ii) participate in group planning for story dramatization incorporating 
analysis of character behavior recognition of dramatic conflicts, and prediction 
of plot resolution.
(4) General music. Essential elements for general music, grade four, as 
described in this subsection shall be effective September 1995. (Band, choral 
music, or orchestra may be offered in lieu of general music).
(A) Singing concepts and skills. The student shall be provided opportunities to:
(i) sing short sections of songs individually or in small groups;
(ii) sing songs, including folk songs from diverse cultures, seasonal, and 
patriotic songs that are appropriate for the student's age and vocal range;
(iii)  sing with pitch accuracy, appropriate tone quality, posture, diction, and 
breathing;
(iv) sing canons, partner songs, and simple two-part songs;
(v) create new melodies to familiar texts and new words to familiar songs; and
(vi) sing songs, emphasizing the culture of Texas.
(B) Listening concepts and skills. The student shall be provided opportunities 
to:
(i) recognize aurally longer/shorter, higher/lower, upward/downward, 
same/different, louder/softer, and faster/slower;
(ii) use inner hearing, including recognizing songs by rhythm/melody only;
(iii) listen to program and non-program music from various periods;
(iv) listen to instrumental and vocal music of diverse cultures and styles;
(v) listen to and recognize tone color of orchestral instruments, instruments 
from diverse cultures and periods, and different types of voices;
(vi) listen to and identify musical forms such as theme and variations, suite, 
and overture;
(vii)  listen to music of concert bands and symphony orchestras and identify the 
differences;
(viii) attend performances and/or view videos or films of performances; and
(ix) learn and practice appropriate concert etiquette as an actively involved 
listener.
(C) Moving and playing to respond to music and/or demonstrate concepts. The 
student shall be provided opportunities to:
(i) perform dances from diverse cultures, including singing games, circle 
dances, and/or line dances;
(ii)  create dramatizations and movements to music;
(iii) perform and create melodies and accompaniments using body percussion 
sounds and/or classroom instruments; and
(iv) show vocally, instrumentally, or by movement simple musical forms such as 
ABA and rondo.
(D) Using notation. The student shall be provided opportunities to:
(i) read and write rhythmic patterns;
(ii) read and write melodic patterns;
(iii)  read and write short melodies or songs in various meters;
(iv)  identify and use musical symbols and terms selected from materials used in 
class; and
(v) use letter names of notes on the treble staff.
(f) Fine arts, grade five, shall include the following essential elements.
(1) Art.
(A) Awareness and sensitivity to natural and man-made environments. The student 
shall be provided opportunities to:
(i) discover, explore, examine, and apply art elements including line, color, 
shape, texture, value, form, and space; and
(ii)  understand formal structure in art including unity, emphasis, balance, 
variety, pattern, and proportion.
(B) Inventive and imaginative expression through art materials and tools. The 
student shall be provided opportunities to:
(i) express individual ideas, thoughts, and feelings in simple media including 
drawing, painting, printmaking, constructing and modeling three-dimensional 
forms, manipulating fibers, and exploring photographic imagery; and
(ii) experiment with art materials to understand properties and develop 
manipulative skills.
(C)  Understanding and appreciation of self and others through art culture and 
heritage. The student shall be provided opportunities to:
(i) look at and talk about contemporary and past artworks including primary 
sources and art visuals; and
(ii) develop awareness of art careers.
(D)  Aesthetic growth through visual discrimination and judgement. The student 
shall be provided opportunities to:
(i) explore, examine, and evaluate artwork of students and major artists, and 
home and community design; and
(ii) apply art knowledge and judgement (person, home, and community).
(2) Music. Essential elements described in this subsection for music, grade 
five, shall be superseded by the essential elements for general music described 
in paragraph (4) of this subsection effective September 1995. (Band, choral 
music, or orchestra may be offered in lieu of music.).
(A)  Singing concepts and skills. The student shall be provided opportunities 
to:
(i) sing songs including total group singing of action, seasonal, patriotic, and 
popular songs and rounds;
(ii) create dramatizations, movements, and new words to songs;
(iii) develop the voice including deep breathing for singing and clear diction;
(iv)  perform contrasts including high/low, up/down, fast/slow, loud/soft, 
same/different, long/short;
(v) recognize aurally the difference between melody and accompaniment, repeated 
sections, contrasting sections, and sections that return after a contrast;
(vi) sing individually; and
(vii) sing and identify simple music forms.
(B) Music listening. The student shall be provided opportunities to:
(i)  recognize aurally high/low, fast/slow, loud/soft, up/down, long/short, 
smooth/jerky mood, difference between melody and accompaniment, repeated 
sections, and contrasting sections, sections that return after a contrast;
(ii) hear music that tells a story;
(iii) recognize solo instruments by sound, sight, and categorize by families 
(woodwind, brass, strings, percussion); and
(iv) hear music of other cultures;
(v) hear American music including folk, spirituals, jazz, pop, country-western, 
serious composers; and
(vi) listen to identify simple forms.
(C) Responses to music through moving and playing. The student shall be provided 
opportunities to:
(i) move to express mood and meaning of the music including steady beat and body 
sounds;
(ii)  perform American dances including round, line, and square;
(iii)  play American folk instruments (guitar, ukulele, autoharp, etc.);
(iv) see, play, and sing simple melodic and rhythmic patterns, steady beat, beat 
groupings; and
(v) recognize visually letter names of notes on treble staff (A-G) and 
relationship of notes on staff (up, down, same).
(3) Theatre arts.
(A) Expressive use of the body and voice. The student shall be provided 
opportunities to:
(i)  develop body awareness and spatial perception using rhythmic and creative 
movement, sensory awareness, and pantomime;
(ii) express concepts using interpretive movement;
(iii) create original dialogue; and
(iv) utilize sensory and emotional recall in characterizations.
(B) Creative drama. The student shall be provided opportunities to dramatize 
literary selections using shadow play, pantomime, creative dialogue, 
improvisation, characterization, and puppetry.
(C)  Aesthetic growth through appreciation of theatrical events. The student 
shall be provided opportunities to:
(i) view theatrical events emphasizing player-audience relationship, audience 
etiquette, and recognition of similarities and differences between television, 
film, and live theatre, and evaluation and aesthetic judgements; and
(ii) participate in group planning for story dramatization incorporating 
analysis of character behavior recognition of dramatic conflicts, and prediction 
of plot resolutions;
(4)  General music. Essential elements for general music, grade five, as 
described in this subsection shall be effective September 1995. (Band, choral 
music, or orchestra may be offered in lieu of general music).
(A)  Singing concepts and skills. The student shall be provided opportunities 
to:
(i) sing songs and rounds, including folk songs from diverse cultures, seasonal, 
and patriotic songs that are appropriate for the student's age and vocal range;
(ii) sing independently with pitch accuracy, appropriate tone quality, posture, 
diction, and breathing;
(iii)  sing songs, emphasizing the heritage and cultures of the United States; 
and
(iv) sing partner songs and simple part songs.
(B)  Listening concepts and skills. The student shall be provided opportunities 
to:
(i) recognize aurally longer/shorter, higher/lower, upward/downward, 
same/different, louder/softer, and faster/slower sections;
(ii) listen to program and non-program music from the United States, other 
countries and various periods of music history;
(iii) listen to instrumental and vocal music of diverse cultures and styles;
(iv)  recognize the qualities of different types of voices, including soprano, 
alto, tenor, bass, changed, and unchanged;
(v) listen to music of the standard chamber groups, including string quartet, 
woodwind quintet, brass quintet, percussion ensemble, and identify the 
differences;
(vi)  listen to complete sections from longer musical forms, such as opera, 
oratorio, and symphony, from various periods of music history;
(vii)  attend performances and/or view videos or films of performances; and
(viii) learn and practice appropriate concert etiquette as an actively involved 
listener.
(C) Moving and playing to respond to music and/or demonstrate concepts. The 
student shall be provided opportunities to:
(i) perform dances from diverse cultures, including circle, line, folk and/or 
square dances;
(ii) create dramatizations and movements to music;
(iii) perform and create melodies and accompaniments using body percussion 
sounds and/or classroom instruments;
(iv)  show vocally, instrumentally, or by movement simple musical forms such as 
ABA and rondo; and
(v) play folk instruments, including recorder and autoharp.
(D) Using notation. The student shall be provided opportunities to:
(i) read and write rhythmic patterns;
(ii)  read and write melodic patterns;
(iii) read and write short melodies or songs in various meters;
(iv) identify and use musical symbols and terms selected from materials used in 
class;
(v) use letter names of notes on the treble staff; and
(vi) use simple key signatures.
(g) Fine arts, grade six. (When grade six is in a departmentalized middle 
school, students may elect any of the fine arts areas - art, music, theatre 
arts-to fulfill the fine arts requirements.) Fine arts, grade six, shall include 
the following essential elements.
(1) Art.
(A) Awareness and sensitivity to natural and man-made environments. The student 
shall be provided opportunities to:
(i) discover, explore, examine, and apply art elements including line, color, 
shape, texture, value, form, and space; and
(ii) organize, evaluate, and reorganize work in progress to gain further 
understanding of formal structuring including unity, emphasis, balance, variety, 
pattern, and proportion.
(B) Inventive and imaginative expression through art materials and tools. The 
student shall be provided opportunities to:
(i) express individual ideas, thoughts, and feelings in simple media including 
drawing, painting, printmaking, constructing and modeling three-dimensional 
forms, manipulating fibers, and exploring photographic imagery; and
(ii) experiment with art materials to understand properties and develop 
manipulative skills.
(C)  Understanding and appreciation of self and others through art culture and 
heritage. The student shall be provided opportunities to:
(i) look at and talk about contemporary and past artworks including primary 
sources and art visuals; and
(ii) develop art knowledge and judgement (person, home, and community).
(2) Music. Essential elements described in this subsection for music, grade six, 
shall be superseded by the essential elements for general music described in 
paragraph (4) of this subsection effective September 1995. (Band, choral music, 
or orchestra may be offered in lieu of music).
(A) Singing concepts and skills. The student shall be provided opportunities to:
(i) sing songs including total group singing of action, seasonal, patriotic, and 
popular songs and rounds;
(ii)  create dramatizations, movements, and new words to songs;
(iii)  develop the voice including deep breathing for singing and clear diction;
(iv) perform contrasts including high/low, up/down, fast/slow, loud/soft, 
same/different, long/short;
(v) recognize aurally the difference between melody and accompaniment, repeated 
sections, contrasting sections, and sections that return after a contrast;
(vi) sing individually;
(vii) sing in small groups; and
(viii)  sing and identify simple music forms.
(B) Music listening. The student shall be provided opportunities to:
(i) recognize aurally high/low, fast/slow, loud/soft, up/down, long/short, 
smooth/jerky mood, difference between melody and accompaniment, repeated 
sections, and contrasting sections, sections that return after a contrast;
(ii) hear music that tells a story;
(iii)  recognize solo instruments by sound, sight, and categorize by families 
(woodwind, brass, strings, percussion); and
(iv) hear music of other cultures;
(v) hear American music including folk, spirituals, jazz, pop, country-western, 
serious composers;
(vi) hear music of other times in history including choral and instrumental; and
(vii)  listen to identify simple forms.
(C) Responses to music through moving and playing. The student shall be provided 
opportunities to:
(i)  move to express mood and meaning of the music including steady beat and 
body sounds;
(ii) perform folk dances of other countries;
(iii) play American folk instruments (guitar, ukulele, autoharp, etc. );
(iv) see, play, and sing simple melodic and rhythmic patterns, steady beat, beat 
groupings; and
(v) see, play, and sing letter names of notes on treble staff (A-G).
(3) Theatre arts.
(A)  Expressive use of the body and voice. The student shall be provided 
opportunities to:
(i) develop body awareness and spatial perception using rhythmic and creative 
movement, sensory awareness, and pantomime;
(ii) express concepts using interpretive movement;
(iii)  create original dialogue; and
(iv) utilize sensory and emotional recall in characterizations.
(B) Creative drama. The student shall be provided opportunities to dramatize 
literary selections and original stories using shadow play, pantomime, creative 
dialogue, improvisation, characterization, puppetry, and situation role-playing.
(C) Aesthetic growth through appreciation of theatrical events. The student 
shall be provided opportunities to:
(i) view theatrical events emphasizing player-audience relationship, audience 
etiquette, and recognition of similarities and differences between television, 
film, and live theatre, and evaluation and aesthetic judgements; and
(ii) participate in group planning for story dramatization incorporating 
analysis of character behavior, recognition of dramatic conflicts, prediction of 
plot resolutions, and suggestions for alternative courses of action.
(4) General music. Essential elements for general music, grade six, as described 
in this subsection shall be effective September 1995. (Band, choral music, or 
orchestra may be offered in lieu of general music).
(A) Singing concepts and skills. The student shall be provided opportunities to:
(i) sing songs, including folk songs from diverse cultures, seasonal, and 
patriotic songs that are appropriate for the student's age and vocal range;
(ii) sing independently with pitch accuracy, appropriate tone quality, posture, 
diction, and breathing;
(iii) sing songs, emphasizing the cultures of other countries;
(iv) sing part songs of appropriate difficulty;
(v)  discuss and understand the healthy use and care of the voice, emphasizing 
appropriate volume, range, and placement of the voice;
(vi)  discuss and understand the occurrence of the changing voice; and
(vii) create and sing songs/phrases using various musical styles.
(B) Listening concepts and skills. The student shall be provided opportunities 
to:
(i) recognize aurally longer/shorter, higher/lower, upward/downward, 
same/different, louder/softer, and faster/slower;
(ii) listen to contemporary music, including experimental, electronic, jazz, and 
Broadway musicals;
(iii) listen to instrumental and vocal music of diverse cultures and styles;
(iv)  listen to and compare instrumental and vocal music from various periods of 
music history;
(v) attend performances and/or view videos or films of performances; and
(vi) learn and practice appropriate concert etiquette as an actively involved 
listener.
(C) Moving and playing to respond to music and/or demonstrate concepts. The 
student shall be provided opportunities to:
(i) perform dances from diverse cultures, including circle, line, folk and/or 
square dances;
(ii) create dramatizations and movements to music;
(iii) create and perform melodies and accompaniments using body percussion 
sounds and/or classroom instruments;
(iv) show vocally, instrumentally, or by movement simple musical forms such as 
ABA, rondo, and theme and variations;
(v)  play instruments, including guitar and keyboard; and
(vi)  perform in a small vocal or instrumental ensemble.
(D) Using notation. The student shall be provided opportunities to:
(i) read and write rhythmic patterns using a variety of meter signatures;
(ii)  read and write melodic patterns;
(iii) read and write short melodies or songs in various meters;
(iv) identify and use musical symbols and terms selected from materials used in 
class;
(v) use letter names of notes on the treble staff;
(vi) use key signatures of increasing difficulty; and
(vii) explore letter names of notes in the bass clef.
sec.75.32. Social Studies, Texas and United States History.
(a)  Social studies, kindergarten. Essential elements described in this 
subsection for social studies, kindergarten, shall be superseded by the 
essential elements described in  s75.22(a) and (b) of this title (relating to 
Kindergarten Education) effective September 1995. Social studies, kindergarten, 
shall include the following essential elements.
(1) Personal, social, and civic responsibilities. The student shall be provided 
opportunities to:
(A) recognize need to finish assigned tasks;
(B) discuss ways people can help each other;
(C) discuss socially acceptable and unacceptable behavior;
(D) practice rules of safety; and
(E)  recognize safety symbols.
(2) The American economic system. The student shall be provided opportunities 
to:
(A) identify basic economic wants (food, clothing, shelter) of all people;
(B) understand the ways basic economic wants of family members are met; and
(C) identify property as "his/hers/mine/ours."
(3) Historical data about Texas, the United States, and the world. The student 
shall be provided opportunities to:
(A) identify important Texas and United States holidays; and
(B)  recite national pledge of allegiance.
(4) Institutions and processes local, state, national, and other political 
systems. The student shall be provided opportunities to:
(A) know and observe classroom rules;
(B) identify examples of right and wrong behavior; and
(C)  explain the need for rules.
(5) Local, state, national, and world geography. The student shall be provided 
opportunities to:
(A) know terms related to direction and location (up/down, left/right, 
near/far);
(B) express relative sizes (large, small);
(C) identify school and community by name; and
(D) recognize that symbols and models (globes) represent real things.
(6) Psychological, sociological, and cultural factors affecting human behavior. 
The student shall be provided opportunities to:
(A) identify ways people learn from each other; and
(B) identify self by name, age, and birthdate.
(7) Social studies skills. The student shall be provided opportunities to 
predict consequences of behavior in a group.
(b) Social studies, grade one.
(1) social studies, grade one, shall include the following essential elements:
(A) identify positive traits of self and others;
(B)  identify and accept one's classroom responsibilities;
(C)  contribute to group activities;
(D) discuss positive traits of friendship;
(E) complete assigned tasks; and
(F) discuss actions as honest or dishonest, fair or unfair.
(2) The American economic system. The student shall be provided opportunities 
to:
(A)  identify the kind of work that school personnel and family members do;
(B) understand the concept of exchange;
(C) understand the concept of scarcity; and
(D) recognize the necessity of making economic choices among alternatives.
(3) Historical data about Texas, the United States, and the world. The student 
shall be provided opportunities to:
(A)  know patriotic customs of the state and nation;
(B) know state and national anthems;
(C) identify symbols of the state and nation;
(D) use terms concerning time (yesterday, today, tomorrow); and
(E)  know days of the week and months of the year.
(4) Institutions and processes of local, state, national, and other political 
systems. The student shall be provided opportunities to:
(A) explain the need for rules at home and school;
(B) identify school and community rules (laws); and
(C) identify authority figures in school and community.
(5)  Local, state, national, and world geography. The student shall be provided 
opportunities to:
(A) know geographical location of home in relation to school and community;
(B) know geography of the school campus;
(C)  know seasons of the year;
(D) identify state and nation by name;
(E) use simple classroom maps to locate information; and
(F)  distinguish between land and water on maps and globes.
(6)  Psychological, sociological, and cultural factors affecting human behavior. 
The student shall be provided opportunities to:
(A) describe how family members provide for each other's social needs; and
(B) describe similarities and differences among people.
(7) Social studies skills. The student shall be provided opportunities to:
(A) identify cause and effect relationships in the classroom and school; and
(B) discuss visuals (pictures, charts, graphs, tables).
(c) Social studies, grade two. Social studies, grade two, shall include the 
following essential elements.
(1) Personal, social, and civic responsibilities. The student shall be provided 
opportunities to:
(A) explain acceptable ways of dealing with individual and group conflicts;
(B) accept responsibility for one's actions;
(C) volunteer for leadership activities; and
(D)  follow standards of honesty and fairness.
(2) The American economic system. The student shall be provided opportunities 
to:
(A) distinguish between goods and services;
(B) describe how people depend on each other to supply economic goods and 
services;
(C) identify persons who provide goods and services to the community;
(D) distinguish between making (producing) and using (consuming) things; and
(E) identify the kinds of income people receive (wages, salaries, rent, 
profits).
(3)  Historical data about Texas, the United States, and the world. The student 
shall be provided opportunities to:
(A) identify individuals of past and present significance to the community;
(B) know significance of major historical celebrations in the community; and
(C) explain symbolism of state and national flags.
(4) Institutions and processes of local, state, national, and other political 
systems. The student shall be provided opportunities to:
(A) identify some governmental services in the community;
(B) know who makes rules and laws in the community; and
(C) understand consequences for violating rules of the school.
(5)  Local, state, national, and world geography. The student shall be provided 
opportunities to:
(A) identify various types of transportation and communication;
(B) identify local natural landforms;
(C) note effects of seasonal change on the local environment;
(D) make and use simple neighborhood maps;
(E) interpret map keys and symbols;
(F)  know and use cardinal direction (north, south, east, west); and
(G)  locate one's community, Texas, and the United States on maps and globes.
(6) Psychological, sociological, and cultural factors affecting human behavior. 
The student shall be provided opportunities to:
(A) identify several groups to which students belong;
(B) describe family traditions and customs; and
(C) know common responsibilities of family members in any culture.
(7) Social studies skills. The student shall be provided opportunities to:
(A) differentiate between fact and fiction in historical contexts; and
(B) make simple visuals (pictures, charts, graphs, tables).
(d) Social studies, grade three. Social studies, grade three, shall include the 
following essential elements.
(1) Personal, social, and civic responsibilities. The student shall be provided 
opportunities to:
(A) understand that individuals have the right to hold differing viewpoints;
(B) identify students' responsibilities to the community and state; and
(C) demonstrate respect for public and private property.
(2) The American economic system. The student shall be provided opportunities 
to:
(A) describe ways a community satisfies needs for food, clothing, and shelter;
(B) give examples of specialization and division of labor in a community;
(C) give examples of public and private property; and
(D) name economic resources located in and around the community.
(3) Historical data about Texas, the United States, and the world. The student 
shall be provided opportunities to:
(A) describe some ways one's community has changed over time;
(B) identify and know significance of historical landmarks in the community; and
(C) know basic facts of the community's founding.
(4) Institutions and processes of local, state, national, and other political 
systems. The student shall be provided opportunities to:
(A) know how community and state laws are enforced;
(B) identify basic functions of local and state government; and
(C) know consequences of violating laws of the community.
(5)  Local, state, national, and world geography. The student shall be provided 
opportunities to:
(A) know geographical location of community relative to state and nation;
(B) describe the physical features of one's community;
(C) describe how one's community is similar and different from other 
communities;
(D) locate the continents and major bodies of water on maps and globes;
(E) use intermediate directions (NW, SE, etc.) to interpret maps;
(F) use scale to determine distance on a simple map;
(G) locate points on a grid; and
(H) use a compass rose to determine direction.
(6) Psychological, sociological, and cultural factors affecting human behavior. 
The student shall be provided opportunities to:
(A) identify local traditions, customs, and folkways;
(B)  describe how individuals and families change over time; and
(C)  identify racial and ethnic contributions in the community and state.
(7) Social studies skills. The student shall be provided opportunities to:
(A) identify multiple causes of events in communities, past and present; and
(B) interpret legends or keys on visuals.
(e)  Social studies, grade four. Social studies, grade four, shall include the 
following essential elements.
(1) Personal, social, and civic responsibilities. The student shall be provided 
opportunities to:
(A)  accept the responsibilities of membership in various groups;
(B)  support individuals' rights to have differing opinions; and
(C)  explain how groups influence individual behavior.
(2) The American economic system. The student shall be provided opportunities 
to:
(A)  explain the importance of economic interdependence within and among regions 
of Texas;
(B) understand Texas' economic relationships to other states and to the world;
(C) identify examples of the factors of production (land, labor, capital, 
enterprise); and
(D) identify major economic resources of regions of Texas.
(3) Historical data about Texas, the United States, and the world. The student 
shall be provided opportunities to:
(A) describe the influence of geography on the history of Texas;
(B) know basic facts about the founding of Texas a republic and a state; and
(C) identify significant individuals and their contributions to Texas history.
(4) Institutions and processes of local, state, national, and other political 
systems. The student shall be provided opportunities to:
(A) distinguish among city, county, state, and nation; and
(B)  identify executive, legislative, and judicial roles at local and state 
levels.
(5) Local, state, national, and world geography. The student shall be provided 
opportunities to:
(A) describe how the various geographical regions of Texas, the United States, 
and the world are similar and different;
(B) understand how people adapt to their physical environment;
(C) know how landforms and climate interact;
(D)  describe landforms and climates of various regions of Texas;
(E)  locate major geographical features of Texas on maps and globes;
(F)  locate the prime meridian and equator on maps and globes;
(G)  explain the purpose of latitude and longitude (parallels and meridians); 
and
(H) use latitude and longitude to locate places on a state map.
(6)  Psychological, sociological, and cultural factors affecting human behavior. 
The student shall be provided opportunities to:
(A) describe how traditions, customs, folkways, and religious beliefs differ 
among individuals and groups; and
(B) describe the influence of other cultures on Texas.
(7) Social studies skills. The student shall be provided opportunities to:
(A) distinguish between personal opinions and factual accounts of events in 
social studies materials; and
(B) interpret visuals (pictures, charts, graphs, tables).
(f) Social studies, grade five. Social studies, grade five, shall include the 
following essential elements.
(1)  Personal, social, and civic responsibilities. The student shall be provided 
opportunities to:
(A) identify traits of democratic leadership;
(B) respect right of others to behave in ways consistent with personal and 
societal value systems;
(C) follow standards of ethical and moral conduct; and
(D) identify basic civic values of American society.
(2) The American economic system. The student shall be provided opportunities 
to:
(A) describe economic activities in regions of the Unites States;
(B) explain why conservation of economic resources is important;
(C) describe how transportation and communications have contributed to economic 
interdependence within the United States;
(D)  describe buyers' and sellers' reactions to price (laws of demand and 
supply) and market clearing price; and
(E) explain how ways of work have changed over time.
(3) Historical data about Texas, the United States, and the world. The student 
shall be provided opportunities to:
(A)  identify causes of historical events or actions in United States history;
(B) know significant American leaders and their contributions to American 
history; and
(C) describe major historical events in the development of the United States.
(4) Institutions and processes of local, state, national, and other political 
systems. The student shall be provided opportunities to:
(A) understand basic organization of the national government;
(B) identify major American political documents and their purposes;
(C) explain basic rights and responsibilities of American citizens; and
(D) identify major political parties and their symbols.
(5) Local, state, national, and world geography. The student shall be provided 
opportunities to:
(A) describe how the various geographic regions of the United States are similar 
and different;
(B)  understand how people have adapted to and modified the physical environment 
of the United States;
(C) understand the geographic interrelatedness of the United States and adjacent 
countries;
(D) describe the landforms and climates of various regions of the United States;
(E) locate major geographical features of the United States on maps and globes;
(F) use latitude and longitude to determine directions and locations on a United 
States map; and
(G) use scale to determine distance within the United States.
(6) Psychological, sociological, and cultural factors affecting human behavior. 
The student shall be provided opportunities to:
(A) identify holidays and celebrations in the nation that are cultural-group 
related; and
(B) identify the contributions of various cultures to the American way of life 
(art, literature, music, etc.).
(7) Social studies skills. The student shall be provided opportunities to:
(A) sequence events on a timeline;
(B) locate information in reference works (atlas, almanac, encyclopedia, etc.);
(C) classify social studies materials as primary or secondary; and
(D) evaluate information from various social studies sources.
(g) Social studies, grade six. Social studies, grade six, shall include the 
following essential elements.
(1) Personal, social, and civic responsibilities. The student shall be provided 
opportunities to:
(A) explain the role of compromise as a method of resolving conflicts;
(B) support the principle of majority rule and minority rights; and
(C) respect individual's right to hold different political and religious 
beliefs.
(2) The American economic system. The student shall be provided opportunities 
to:
(A) explain the economic importance of various regions of the world;
(B) explain and give examples of economic interdependence among nations;
(C) recognize the value of dignity of work;
(D) describe characteristics of each type of major economic system (free 
enterprise market, command); and
(E) understand the role of competition in a market economy.
(3) Historical data bout Texas, United States, and the world. The student shall 
be provided opportunities to:
(A) identify contributions of various cultures, past and present, to world 
civilization;
(B) identify significant individuals and their contributions to world history;
(C) identify major world civilizations in history; and
(D) describe major events in world history.
(4)  Institutions and processes of local, state, national, and other political 
systems. The student shall be provided opportunities to:
(A) identify contributions of other countries to the American political system; 
and
(B)  describe the characteristics of each type of political system (rule by one, 
few, or many) in selected countries.
(5) Local, state, national, and world geography. The student shall be provided 
opportunities to:
(A)  compare cultural regions of the world;
(B) describe population patterns of the world;
(C) describe the impact of physical features on selected cultures, past and 
present;
(D) locate and describe landforms and climates of various regions;
(E) describe how the geographic regions of the world are similar and different;
(F) recognize various types of map projections; and
(G) use latitude and longitude to locate sites on maps and globes.
(6) Psychological, sociological, and cultural factors affecting human behavior. 
The student shall be provided opportunities to:
(A) describe examples of cultural borrowing among societies;
(B)  identify basic institutions common to all cultures;
(C) describe how written and unwritten laws and rules (mores and customs) of a 
society affect individual and group behavior; and
(D) recognize that decisions made in one's self interest may benefit others.
(7) Social studies skills. The student shall be provided opportunities to:
(A) make and interpret timelines;
(B) compare and contrast viewpoints; and
(C)  organize data to support or refute a viewpoint.
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-9112730
Criss Cloudt
Director, Planning Coordination
Texas Education Agency
Earliest possible date of adoption: November 22, 1991
For further information, please call: (512) 463-9701
       
TITLE 22. EXAMINING BOARDS
Part IX. State Board of Medical Examiners
Chapter 175. Schedule of Fees and Penalties
22 TAC sec.175.1, sec.175.2
The Texas State Board of Medical Examiners proposes amendments to sec.175.1 and 
sec.175.2, concerning fees and penalties. Certain fees and penalties will be 
raised as mandated by House Bill 11, 72nd Legislature, and as allowed by the 
Medical Practice Act, sec.3.10(b).
Ivan Hurwitz, director of Administrative Services, has determined that there 
will be fiscal implications as result of enforcing or administering the section. 
The effect on state government for the first five-year period the section will 
be in effect will be an estimated or increase of $8,966,100 in 1991 and $8,994, 
600 in 1992-1995. There will be no effect on local government.
Pat Wood, secretary to Executive Director, 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 sections as proposed will be increased 
revenue to state. 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:
[graphic]
Comments on the proposal may be submitted to Pat Wood, P.O. Box 13562, Austin, 
Texas 78711. A public hearing will be held at a later date.
The amendments are proposed under Texas Civil Statutes, Article 4495b, which 
provides the Texas State Board of Medical Examiners with the authority to make 
rules, regulations, and bylaws not inconsistent with this act as may be 
necessary for the governing of its own proceedings, the performance of its 
duties, the regulation of the practice of medicine in this state, and the 
enforcement of this act.
sec.175.1. Fees. The board shall charge the following fees:
(1) annual registration-<nl>292<ol> [$92];
(2) institutional permits per year (interns, residents, and fellows) -$25;
(3) processing an application for complete or partial licensure examination 
(includes on FLEX and jurisprudence examination fee)-<nl>$800<ol> [$560];
(4) processing an application for licensure by reciprocity (includes one 
jurisprudence examination fee)-<nl>$800 <ol> [$600];
(5) examination fees (required and payable each time applicant is scheduled for 
examination):
(A) FLEX Component I-<nl>$300<ol> [$280];
(B) FLEX Component II-<nl>$300<ol> [$280];
(C) Jurisprudence-$30;
(D) SPEX-$275;
(6) temporary license-$50;
(7) duplicate license-$45;
(8) endorsement-$40;
(9) reinstatement after cancellation for cause- <nl>$350<ol> [$150];
(10) distinguished professor annual permit-$50;
(11) state health agency annual permit-$50;
(12) permit to supervise physician assistant- <nl>$50<ol> [$25];
(13) permit to supervise acupuncturist-<nl>$50 <ol> [$25];
(14) radiologic technologist registration-<nl>$50 per annum<ol> [$25 per annum].
sec.175.2. Penalties.  The board shall charge the following penalties:
(1) issuance of physician permit following delinquent annual registration fee 
(delinquent no longer than one year) -<nl>$150<ol> [$100];
(2) issuance of physician permit following delinquent annual registration fee 
(delinquent more than one year)- <nl>$250<ol> [$200].
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 18, 1991.
TRD-9112932
Homer R. Goehrs, M.D.
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 452-1078
       
Chapter 193. Standing Delegation Orders
22 TAC sec.193.6
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Texas State 
Board of Medical Examiners or in the Texas Register office, Room 245, James Earl 
Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Medical Examiners proposes the repeal sec.193.6, 
concerning standing delegation orders for optometrists. With the passage of 
Senate Bill 774, sec.3.06(d)(6) of the Medical Practice Act was repealed 
effective September 1, 1991; Chapter 193.6 of the board's rules regulations is 
also repealed.
Ivan Hurwitz, director of administrative services, 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.
Pat Wood, secretary to executive director, has determined that for each year of 
the first five years the repeal as proposed is in effect the public benefit 
anticipated as a result of enforcing the repeal as proposed will be that no 
benefits are anticipated other than clarification by omission. 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 Pat Wood, P.O. Box 13562, Austin, 
Texas 78711. A public hearing will be held at a later date.
The repeal is proposed under Texas Civil Statutes, Article 4495b, which provides 
the Texas State Board of Medical Examiners with the authority to make rules, 
regulations, and bylaws not inconsistent with this act as may be necessary for 
the governing of its own proceedings, the performance of its duties, the 
regulation of the practice of medicine in this state, and the enforcement 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 18, 1991.
TRD-9112933
Homer R. Goehrs, M.D.
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 452-1078
       
Part XXII. Texas State Board of Public Accountancy
Chapter 519. Practice and Procedure
22 TAC sec.519.27
The Texas State Board of Public Accountancy proposes an amendment to sec.519. 
27, concerning hearings in disciplinary actions. The amendment allows the agency 
to recover administrative costs.
William Treacy, executive director has determined that for the first five-year 
period the section is in effect there will be fiscal implications as a result of 
enforcing or administering the section. The effect on state government for the 
first five-year period the section is in effect will be an estimated increase in 
revenue of $15,000 for fiscal years 1992, 1995, and 1996; $1,155,000 for fiscal 
year 1993, and $300,000 for fiscal year 1994. There will be no effect on local 
government.
Mr. Treacy 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 payment of administrative costs by the individuals and firms 
that incur the costs. There will be no significant effect on small businesses 
because the vast majority will be in compliance with state laws and Board rules. 
The anticipated economic cost to persons who are required to comply with the 
section as proposed will be for most cases $100-$2,500 for fiscal years 1992-
1996 and for major cases up to $45,000 in 1993 and $20,000-$45,000 in 1994. 
There is no anticipated economic cost for fiscal years 1992, 1995, and 1996.
J. Randel (Jerry) Hill, General Counsel, 1033 La Posada, Suite 340, Austin, 
Texas 78752-3892.
The amendment 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 regarding hearings in disciplinary actions.
sec.519.27. Hearings in Disciplinary Actions.
(a)-(j) (No change.)
<nl>(k) Administrative cost recovery rule. The board may for good cause, after 
notice and hearing, impose direct administrative costs in addition to other 
sanctions provided by law or these rules. Direct administrative costs include, 
but are not limited to, reasonable attorney's fees, investigative costs, witness 
fees and deposition expenses, travel expenses of witnesses, reasonable fees for 
professional services of expert witnesses, the reasonable cost of a study, 
analysis, audit, or other projects the board finds necessary in preparation of 
the state's case.
<nl>(l)<ol>[(k)] Motion for rehearing. In the event a motion for rehearing is 
filed, the chairman of the board shall have authority to act for the board in 
either granting or denying such motion.
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 15, 1991.
TRD-9112927
William Treacy
Executive Director
Texas State Board of Public Accountancy
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 450-7066
       
22 TAC sec.519.29
The Texas State Board of Public Accountancy proposes an amendment to sec.519. 
29, concerning publication of disciplinary/administrative sanctions. The rule 
defines the circumstances in which the names of violators are published in the 
state board report and other publications.
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 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that certificate and registration holders will be deterred from 
committing violations of the Act and the rules of professional conduct. 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 amendment 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 publication of disciplinary/administrative 
sanctions.
sec.519.29. Publication of Disciplinary/Administrative Sanctions.  <ol> The 
Texas State Board of Public Accountancy (the board) shall cause to be published 
in the board's official publication, the Texas State Board Report, and may 
publish in newspapers of general distribution in the state, the name of any 
certificate or registration holder who is the subject of [a reprimand, 
suspension of certificate or registration, revocation of certificate or 
registration, or surrender of certificate or registration in lieu of] 
disciplinary action. Such publication shall not occur until a final board order 
has been issued and the appeal period expired, without appeal having been taken. 
In the event of appeal of the board order, publication will be made after 
completion of the appeal process in which the board is sustained. The 
publication shall contain a narrative factual summary of the actions giving rise 
to the disciplinary/administrative action.
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 15, 1991.
TRD-9112922
William Treacy
Executive Director
Texas State Board of Public Accountancy
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 450-7066
       
Chapter 521. Fee Schedule
22 TAC sec.521.7
(Editor's Note: The Texas State Board of Public Accountancy 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 State Board of Public Accountancy proposes an amendment to sec.521. 7, 
concerning fee for transfer of credits. This amendment will increase the fees 
for transfer of credits to and from jurisdictions outside of Texas.
William Treacy, executive director, has determined that there will be fiscal 
implications as a result of enforcing or administering the section. The effect 
on state government for the first five-year period the section is in effect will 
be an estimated increase in revenue of $2,590 for fiscal year 1992. There will 
be no additional cost for fiscal years 1993-1996. There will be an estimated 
increase in revenue of $20,625 for fys 1992-1996. There will be no effect on 
local government for the first five year period the section is in effect.
Mr. Treacy also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be a reduction in the burden on Texas taxpayers by requiring 
certified public accountants in other jurisdictions seeking Texas licensure to 
pay their own costs; and by requiring Texas certified public accountants seeking 
to obtain licensure in other states to pay their own costs. There will be no 
effect on small businesses. The possible economic cost to persons who are 
required to comply with the section as proposed will be a transfer of credit 
(out) of $25 and a transfer of credit (in) of $25.
Comments on the proposal may be submitted to J. Randel (Jerry) Hill, General 
counsel, 1033 La Posada, Suite 340, Austin, Texas 78752-8392.
The amendment is proposed under Texas Civil Statutes, Article 41a-1, sec.6(a), 
which provides the Texas State Board of Public Accountancy with the authority to 
promulgate rules relating to the fee for the transfer of credits.
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 21, 1991.
TRD-9108111
William Treacy
Executive Director
Texas State Board of Public Accountancy
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 450-7066
       
TITLE 25. HEALTH SERVICES
Part II. Texas Department of Texas Department of Mental Health Mental 
Retardation
Chapter 404. Protection of Clients and Staff
Subchapter E. Rights of Persons Receiving Mental Health Services
25 TAC sec.sec.404.151-404.164
The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes 
new sec.sec.404.151-404.164 concerning rights of persons receiving mental health 
services. The new sections are proposed contemporaneously with the repeal of 
sec.sec.405.281-405.291, concerning client rights-mental health services.
A preliminary version of Chapter 404, Subchapter E was distributed to field 
staff and advocacy organizations in early March. Several comments and 
recommendations were received and are reflected in the proposed sections. The 
proposed new rules include a new section governing the rights of persons 
apprehended for emergency detention for inpatient chemical dependency services, 
as well as a new section outlining the responsibilities of the rights protection 
officer. The proposed new rules also update language and references.
Leilani Rose, director, Office of Financial Services, has determined that for 
each year of the first five years the new sections will be in effect, there will 
be no fiscal implications to state or local governments as a result of 
administering the sections.
Pam Carley, director, Office of Consumer Services and Rights Protection, has 
determined that the public benefit is the adoption of rules protecting and 
guaranteeing the rights of persons receiving mental health services. 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.
A public hearing to accept testimony concerning the proposal will be held 
December 12, 1991, at 1:30 p.m. in the afternoon in the auditorium of the 
central office of TDMHMR, at 909 West 45th Street, Austin. Individuals requiring 
an interpreter for the hearing impaired should contact Linda Logan, director, 
Policy Development, at least 72 hours prior to the hearing.
Comments may be submitted to Linda Logan, director, Policy Development, Texas 
Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, 
Texas 78711-2668, within 30 days of publication.
The new sections are proposed under Texas Civil Statutes, Article 5547-202, 
sec.2.11, which provides the Texas Board of Mental Health and Mental Retardation 
with rulemaking powers.
sec.404.151. Purpose.  The purpose of this subchapter is:
(1) to provide to persons receiving mental health services:
(A)  a listing of the specific rights guaranteed to them;
(B) the assurance that these rights must and will be made known to them, and, 
when applicable, to the persons having legal responsibility for them (i.e., 
parent of a minor, managing conservator, legal guardian of the person, limited 
legal guardian of the person); and
(C) assistance in exercising their rights in a manner which does not conflict 
with the rights of other persons;
(2)  to require the development of rights handbooks and their distribution to 
persons receiving mental health services and, when applicable, to the persons 
with legal responsibility for them and other interested parties; and
(3)  to require the appointment of a rights protection officer for each 
departmental facility and community MHMR center which provides mental health 
services.
sec.404.152. Application.  The provisions of this subchapter shall apply to each 
of the following in which mental health services are provided:
(1) facilities of the Texas Department of Mental Health and Mental Retardation 
and their respective community-based programs;
(2)  community centers; and
(3) any program contracting with these entities.
sec.404.153. Definitions.  The following words and terms, when used in this 
subchapter, shall have the following meanings, unless the context clearly 
indicates otherwise.
 Community center -A community mental health and mental retardation center 
organized pursuant to the Texas Mental Health and Mental Retardation Act,  
s3.01, as amended, Texas Civil Statutes, Articles 5547-2015547-204, which 
provides mental health services.
 Department-The Texas Department of Mental Health and Mental Retardation.
 Grounds privileges -Access, with or without supervision, to areas of the 
facility away from an individual's living unit.
 Inpatient services -Residential services provided in a TDMHMR mental health 
facility, a licensed hospital unit, or a licensed crisis stabilization unit.
 Mental health facilities-The state hospitals, Waco Center for Youth, state 
centers, and community-based programs that provide mental health services.
 Mental health services-Includes all services concerned with research, 
prevention, and detection of mental disorders and disabilities and all services 
necessary to treat, care for, supervise, and rehabilitate mentally disordered 
and disabled persons, including persons mentally disordered and disabled from 
alcoholism and drug addiction.
 Office of Consumer Services and Rights Protection -The office located within 
the department's Central Office which maintains the toll-free telephone line to 
receive rights-related complaints and which is responsible for assisting persons 
receiving mental health services with needed services and rights protection.
 Residential services -Twenty-four hour services provided and/or contracted by 
the department or a community center (e.g., structured group residential 
programs, halfway houses, hospital units providing MH services, crisis 
stabilization units, etc.).
 Rights protection officer-An individual appointed by the head of the facility 
or center to protect and advocate for the rights of persons receiving mental 
health services.
sec.404.154. Rights of All Persons Receiving Mental Health Services.  Persons 
receiving mental health services from mental health facilities and community 
centers have the following rights as required by the Mental Health Code (Texas 
Civil Statutes, Article 5547-1 et seq.), Joint Commission on Accreditation of 
Healthcare Organizations' standards, as applicable, and the RAJ v. Jones 
settlement agreement:
(1) the rights, benefits, responsibilities, and privileges guaranteed by the 
constitutions and laws of the United States and the State of Texas unless they 
have been restricted by specific provisions of law. These rights include, but 
are not limited to, the right to impartial access to treatment, regardless of 
race, religion, sex, ethnicity, age or handicap; the right to petition for 
habeas corpus; the right to register and vote at elections; the right to 
acquire, use, and dispose of property including contractual rights; the right to 
sue and be sued; all rights relating to the granting, use, and revocation of 
licenses, permits, privileges, and benefits under law; the right to religious 
freedom; and rights concerning domestic relations;
(2) the right to presumption of mental competency in the absence of a judicial 
determination to the contrary. There may be limitations to this right found in 
department rules, including Chapter 404, Subchapter A of this title (relating to 
Abuse and Neglect of Persons Served by TXMHMR Facilities), Chapter 404, 
Subchapter B of this title (relating to Client Abuse and Neglect in Community 
Mental Health and Mental Retardation Centers), and Chapter 405, Subchapter FF of 
this title (relating to Consent to Treatment with Psychoactive Medication). Any 
questions regarding applicability of this right or a limitation on it should be 
referred for appropriate legal advice;
(3) the right to a humane treatment environment that ensures protection from 
harm, provides privacy to as great a degree as possible with regard to personal 
needs, and promotes respect and dignity for each individual;
(4)  the right to appropriate treatment in the least restrictive appropriate 
setting available consistent with the protection of the individual and the 
protection of the community;
(5) the right to be informed of all rules and regulations of the facility or 
center relating to expectations of the individual's conduct;
(6) the right to communication in a language and format understandable to the 
individual for all services provided;
(7)  the right to participate actively in the development and periodic review of 
an individualized treatment plan (extending to a parent or conservator of a 
minor, and the legal guardian of the person, when applicable); and the right to 
a timely consideration of any request for the participation of any other 
significant person in this process, with the right to be informed of the reasons 
for any denial of such a request;
(8) the right to explanations of the care, procedures, and treatment to be 
provided; the risks, side effects, and benefits of all medications and treatment 
procedures to be used, including those that are unusual or experimental; the 
alternative treatment procedures that are available; and the possible 
consequences of refusing the treatment or procedure;
(9) the right to meet with the professional staff members responsible for the 
individual's care and to be informed of their professional discipline, job 
title, and responsibilities. In addition, the individual has the right to an 
explanation of the justification involving any proposed change in the 
appointment of staff members, professional or otherwise, responsible for the 
individual's care;
(10) the right to request the opinion of a consultant at the individual's own 
expense and to be granted an in-house review of the individual treatment plan or 
specific procedure upon reasonable request as provided for in the written 
procedures of the facility or community center;
(11) the right to an explanation of the justification of any transfer of the 
individual to any program within or outside of the facility or center;
(12) the right to participate actively in the development of a discharge plan 
addressing aftercare issues which include the individual's mental health, 
physical health, and social needs. This right extends to a parent or conservator 
of a minor, or the legal guardian of the person, when applicable. The individual 
also has the right to a timely consideration of any request for the 
participation of any other significant person in this discharge planning, with 
the right to be informed of the reasons for any denial of such a request;
(13) the right to information, upon request, pertaining to the cost of services 
rendered (itemized when possible), the sources of the program's reimbursement, 
and any limitations placed upon the duration of services. No person will be 
denied services due to an inability to pay for them);
(14) the right to be free from unnecessary or excessive medication, which 
includes the right to give or withhold consent to treatment with psychoactive 
medication, unless the right has been limited by court order or in accordance 
with department rules contained in Chapter 405, Subchapter FF of this title 
(relating to Consent to Treatment with Psychoactive Medication);
(15) the right to give or withhold consent to participate in research programs 
without compromising access to services to which the individual is otherwise 
entitled;
(16) the right to give or withhold consent for the use or performance of any of 
the following (exceptions to this right must be in accordance with applicable 
laws or standards, and must be fully explained to the individual and the person 
authorized to give consent, if applicable):
(A) surgical procedures;
(B) electroconvulsive therapy;
(C) unusual medications;
(D) hazardous assessment procedures;
(E) audiovisual equipment; and
(F) other procedures for which consent is required by law;
(17) the right to withdraw consent at any time in any matter in which the person 
receiving services has previously granted consent;
(18) the right to be informed of the current and future use and disposition of 
products of special observation and audiovisual techniques, such as one-way 
vision mirrors, tape recorders, television, movies, or photographs;
(19) the right to confidentiality of records and the right to be informed of the 
conditions under which information can be disclosed without the individual's 
consent. Client-identifying information shall be disclosed in accordance with 
Chapter 403, Subchapter K of this title (relating to Client-Identifying 
Information);
(20) the right to have access to information contained in one's own record, 
including the right to an independent review of any denial of access in 
accordance with Chapter 403, Subchapter K (relating to Client-Identifying 
Information) and with Public Law 99-319 (Protection and Advocacy Act for 
Mentally Ill Individuals). The right extends to the parent or conservator of a 
minor (unless the minor has admitted himself/herself to services) and to the 
legal guardian of a person declared to be legally incompetent;
(21) the right to be free from mistreatment, abuse, neglect, and exploitation. 
See Chapter 404, Subchapter A of this title (relating to Abuse and Neglect of 
Persons Served by TXMHMR Facilities), and Chapter 404, Subchapter B of this 
title (relating to Client Abuse and Neglect in Community Mental Health and 
Mental Retardation Centers);
(22) the right to protection of personal property from theft or loss. At TDMHMR 
facilities, the head of the facility must institute procedures to protect and 
adequately secure the personal property of persons served, including clothing. 
Should theft or loss occur, the head of the facility must ensure prompt 
initiation of a claim against the state for reimbursement through the 
department's Office of Legal Services and may also seek reimbursement from other 
sources;
(23) the right not to have physical restraint applied to the individual unless 
it has been prescribed by a physician, except in emergency situations as defined 
in Chapter 405, Subchapter F (relating to Restraint and Seclusion in Mental 
Health Facilities). If physical restraint is applied, the reason for the 
prescription, the length of time restraint has been prescribed, and the 
behaviors necessary for the individual to be removed from restraint shall be 
explained to the individual, and the restraint shall be removed as soon as 
possible;
(24) the right to fair compensation for labor in accordance with the Fair Labor 
Standards Act;
(25) the right to initiate a complaint and to be informed of how to contact the 
facility or center rights protection officer, the facility or center public 
responsibility committee, and the Office of Consumer Services and Rights 
Protection in Central Office (toll free telephone number 1-800-252-8154);
(26) the right of any individual to make a complaint regarding denial of rights 
without any form of retaliation;
(27) the right to be informed of the availability of employment opportunities at 
the facility or in the community which may lead to competitive employment as 
outlined in sec.2.17A of the Texas Mental Health and Mental Retardation Act;
(28) the right to be informed of these and any additional rights within 24 hours 
of admission to services (refer to  s404.160 of this title, concerning 
Communication of Rights to Individuals Receiving Mental Health Services).
sec.404.155. Rights of Persons Receiving Residential Mental Health Services. The 
following rights shall be provided to all persons receiving residential mental 
health services (see Texas Civil Statutes, Articles 5547-81 and 5547-82 (Mental 
Health Code), and the RAJ v. Jones settlement agreement). For persons receiving 
inpatient services, and unless otherwise noted, these rights may be limited by 
the treating physician, acting as the agent of the head of the facility or 
center for the welfare of the individual, in which case the reasons for the 
limitation shall be made a part of the clinical record of the individual and 
fully explained to the individual. The treating physician may write an order 
imposing special limitations on the recommendation of the treatment team when 
the limitations are justified by psychiatric necessity or security. The written 
order must be reviewed at least every seven days, and if renewed, it must be 
renewed at least every seven days in writing. The treatment team should consider 
strategies to help the individual regain or resume the practice of the right. 
Except for the general rules of the program, there is no provision for limiting 
these rights for persons voluntarily admitted to a residential program other 
than an inpatient unit:
(1) the right to communicate with persons outside the facility, including:
(A) receiving visitors at reasonable times and places, allowing for as much 
privacy as possible;
(B) making phone calls at reasonable times, allowing for as much privacy as 
possible; and
(C) communicating by uncensored and sealed mail with others, including, but not 
limited to, legal counsel, the department, the courts, and the attorney general 
of the state, except in the following situations.
(i) When there is reason to suspect that the mail contains items such as illicit 
drugs or weapons which may be harmful to the individual or others, the treating 
physician may authorize opening of the mail by writing a specific order into the 
individual's chart explaining the potential harm, the reason for suspicion, and 
what mail is to be opened. The mail may then be opened by two members of the 
individual's treatment team in the presence of the individual. After inspecting 
the mail and removing any items which might be dangerous to the individual or 
others, the mail shall be given to the individual; those opening the mail may 
not read it.
(ii) If the individual is unable to open personal mail because of a physical 
limitation, a staff member may assist if documentation of the need for 
assistance is provided in the individual's record. An order authorizing this 
assistance must be signed by the treating physician and must be reviewed every 
seven days, except in the case of an individual with a chronic physical 
limitation, when the order may remain in effect until there is an improvement in 
the individual's condition. Other orders may be renewed as long as the condition 
exists. Any cash or articles received shall be recorded in the individual's 
record and placed in appropriate safekeeping. Staff members may offer to read 
mail to individuals unable to read because of illiteracy, blindness, or other 
reason, but staff members may not read the mail if the individual declines the 
offer.
(iii) Employees may observe the opening of packages received by individuals 
deemed not capable of protecting personal property. An order authorizing this 
limitation must be signed by the treating physician and must be reviewed every 
seven days, except in the case of an individual with a chronic physical 
limitation, when the order may remain in effect until there is an improvement in 
the individual's condition. Other orders may be renewed as long as the condition 
exists. Any cash or articles received shall be recorded in the individual's 
record and placed in appropriate safekeeping.
(iv) Under no circumstances may mail from the attorney of the person served or 
from a court be censored.
(2) the right to have unrestricted visits from attorneys, private physicians, or 
other mental health professionals at reasonable times and places. There shall be 
no limitation on communication between an individual and an attorney where the 
attorney-client relationship is established;
(3) the right to be informed in writing, at the time of admission to and 
discharge from inpatient services, of the existence and purpose of the 
protection and advocacy system in this state under the federal Protection and 
Advocacy for Mentally Ill Individuals Act of 1986 (Public Law 99-319). The 
notice must include the protection and advocacy system's telephone number and 
address. In Texas, the system is called Advocacy, Inc;
(4) the right of persons served in department facilities to be advised of the 
availability of trust fund accounts and other safekeeping for funds and articles 
of value. This right shall extend to the family of the person receiving 
services, who shall be informed of the existence of the trust fund as a means of 
protecting personal funds for the person served, and who shall be advised to 
send all monies, either checks or cash, to the cashier, and not to individual or 
ward employees. Families shall be informed that the facility is not responsible 
for funds mailed directly to the person served. The method of advising persons 
served and their families of this right is to be determined by each facility);
(5) the right to keep and use personal possessions. This includes the right to 
wear one's own clothing and religious or other symbolic items. This right may 
only be limited if the use of the possession is determined by the treatment team 
to be dangerous, to present a security risk, or to prevent the individual from 
participating in the treatment plan. A clinical justification must exist if 
access to or the use of any personal possession is limited;
(6) the right to wear suitable clothing which is neat, clean, and well fitting. 
If the individual does not have such clothing, it will be obtained or provided 
by the facility or community center program;
(7) the right to have an opportunity for physical exercise and for going 
outdoors with or without supervision at least daily. A physician's order 
limiting this right must be reviewed and renewed, if necessary at intervals no 
longer than every three days and the findings of the review must be documented 
in the individual's record;
(8) the right to have grounds' privileges, with or without supervision, at 
frequent and regular intervals;
(9) the right to religious freedom. No person shall be forced to attend or 
engage in any religious activity;
(10) the right to have opportunities for suitable interactions with individuals 
of the opposite sex, with or without supervision, as appropriate for the 
individual;
(11)  the right to a timely consideration of a request for transfer to another 
room if another person in the room is unreasonably disturbing the individual, 
with the right to be informed of any reasons for any denial of such a request;
(12) the right to receive appropriate treatment of any physical ailments 
essential to the treatment of a mental disorder and for a physical disorder 
arising in the course of an individual's inpatient psychiatric care. The manner 
in which these physical disorders are treated is the decision of the physician, 
consistent with good professional judgment. If the physician determines the 
procedures required for treatment to be elective rather than essential, the 
individual has the right to consult with a provider outside the facility for 
treatment at the individual's own expense;
(13) the right of each adult individual admitted to an inpatient program under 
the Mental Health Code to have the facility or community center notify the 
individual's family of the admission if the individual grants permission. 
Documentation of the individual's granting or denial of that permission must be 
entered into the individual's clinical record;
(14) the right of each adult individual admitted to an inpatient program under 
the Mental Health Code to have the facility or community center notify the 
individual's family prior to discharge or release if the individual grants 
permission. Documentation of the individual's granting or denial of that 
permission must be entered into the individual's clinical record;
(15) the right of each individual admitted to an inpatient program of a TDMHMR 
facility to have the state pay the cost of transportation home upon discharge or 
furlough unless the individual or someone responsible for the individual is able 
to do so;
(16) the right of each individual admitted to an inpatient program of a TDMHMR 
facility other than for substance abuse to be informed in writing upon discharge 
of the existence of the court monitor of the RAJ v. Jones settlement and to be 
informed of how to contact the monitor's office, the plaintiff's counsel, and 
organizations which provide free legal assistance.
sec.404.156. Rights of Persons Voluntarily Admitted to Inpatient Services.
(a) All persons voluntarily admitted to inpatient services for treatment of 
mental illness or chemical dependency under the relevant sections of the Texas 
Mental Health Code (Texas Civil Statutes, Article 5547-22), or the Texas Alcohol 
and Drug Abuse Services Act (Texas Civil Statutes, Article 5561c-2), 
respectively, have the right to leave the mental health facility or community 
center within 96 hours after the filing of a written request for release by the 
individual so admitted or the person who requested admission on the individual's 
behalf unless:
(1) the person who filed the request for release files a written withdrawal of 
the request;
(2) an application for court-ordered mental health services, alcohol abuse, or 
drug-abuse services or emergency detention is filed and the individual is 
detained under the provisions of the relevant statute; or
(3) the person receiving inpatient treatment for chemical dependency is a minor 
admitted with the consent of the parent, guardian, or conservator, and the 
individual who gave that consent objects in writing to the release of the minor 
after consultation with personnel of the facility or community center.
(b)  Each of these persons has the right not to have an application for court-
ordered mental health or chemical dependency services filed while a voluntary 
patient unless, in the opinion of the head of the facility, the voluntary 
patient meets the criteria for court-ordered services and either:
(1) is absent without authorization, or
(2) refuses or is unable to consent to appropriate and necessary psychiatric or 
chemical dependency treatment.
sec.404.157. Rights of Persons Apprehended for Emergency Detention for Inpatient 
Mental Health Services (other than for Chemical Dependency).  <ol> The rights of 
each person apprehended for emergency detention for mental health services at a 
facility or community center are granted under the relevant sections of the 
Texas Mental Health Code (Texas Civil Statutes, Article 5547-1 et seq.).
(1) Each person apprehended or detained, but not yet admitted, has the following 
rights:
(A) the right to be advised of the location of detention, the reasons for 
detention, and that detention could result in a longer period of involuntary 
commitment;
(B) the right to contact an attorney of the person's own choosing with 
opportunities to contact that attorney;
(C) the right to be transferred back to the location of apprehension, or other 
suitable place, if not admitted for emergency detention, unless the person is 
arrested or objects to the return;
(D) the right to be released if the head of the facility or center determines 
that any one of the criteria for emergency detention no longer applies;
(E) the right to be advised that communications to mental health professional 
may be used in the proceeding for further detention;
(F) the right to a preliminary examination by a physician conducted as soon as 
possible within 24 hours of the time of apprehension to determine whether the 
person meets the criteria for admission for emergency detention.
(2) If the person is accepted for treatment on an emergency detention, the 
personnel of the treatment facility or community center shall immediately advise 
the person of the following additional rights:
(A) the right not to be detained for more than 24 hours after the hour of 
initial detention unless an order for further detention is obtained, except that 
if the 24-hour period ends on a Saturday or Sunday or a legal holiday or before 
4 p.m. on the first business day succeeding the Saturday, Sunday, or legal 
holiday, the period of detention shall end no later than 4 p.m. of the first 
succeeding business day;
(B) the right to be released if the head of the facility or center determines 
that one of the criteria for emergency detention no longer applies;
(C) the right to be returned to the location of apprehension, place of 
residence, or other suitable place if released from emergency detention, unless 
the person is arrested or objects to the return;
(D) the right to be informed that if a petition for court-ordered treatment is 
filed, the person is entitled to a judicial probable cause hearing no later than 
the 72nd hour after the hour of which detention begins under an order of 
protective custody;
(E) the right to have an attorney appointed if the person does not have an 
attorney when application for court-ordered services is filed;
(F) the right to communicate with the attorney at any reasonable time and to 
have assistance in contacting the attorney;
(G) the right to present evidence and to cross-examine witnesses who testify on 
behalf of the petitioner at a hearing.
sec.404.158. Rights of Persons Apprehended for Emergency Detention for Inpatient 
Chemical Dependency Services. The rights of each person apprehended for 
emergency detention for chemical dependency services at a mental health facility 
or community center are granted under the relevant sections of the Texas Alcohol 
and Drug Abuse Services Act (Texas Civil Statutes, Article 5561c-2).
(1) Each person apprehended or detained, but not yet admitted, for emergency 
detention has the following rights:
(A) the right to be advised of the location of detention, the reasons for 
detention, and that detention could result in a longer period of involuntary 
commitment;
(B)  the right to contact an attorney of the person's own choosing with 
opportunities to contact that attorney;
(C) the right to be transported back to the location of apprehension, or other 
suitable place, if not admitted for emergency detention, unless the person is 
arrested or objects to the return;
(D) the right to be released if the head of the facility or center determines 
that any one of the criteria for emergency detention no longer applies;
(E) the right to be advised that communications to a chemical dependency 
treatment professional may be used in proceedings for further detention;
(F) the right to have a preliminary examination by a physician conducted as soon 
as possible within 24 hours of the time of apprehension to determine whether the 
person meets the criteria for admission for emergency detention.
(2) If a person is accepted for treatment on an emergency detention, the 
personnel of the treatment facility or community center shall immediately advise 
the person of the following additional rights:
(A) the right not to be detained for more than 24 hours after the hour of 
initial detention unless an order for further detention is obtained, except that 
if the 24-hour period ends on a Saturday or a Sunday or legal holiday or before 
4 p.m. on the first business day succeeding the Saturday, Sunday, or legal 
holiday, the period of detention shall end no later than 4 p.m. of the first 
succeeding business day);
(B) the right to be released if the head of the facility or center determines 
that the criteria for emergency detention no longer applies;
(C) the right to be transferred back to the location of apprehension, or other 
suitable place, if released from emergency detention, unless the person is 
arrested or objects to the return);
(D) the right to be informed that no later than the 24th hour after the hour of 
initial detention, the head of the facility or center may file a petition for 
court-ordered treatment;
(E) the right to be informed that if a petition for court-ordered treatment is 
filed, the person is entitled to a judicial probable cause hearing no later than 
the 72nd hour after the hour on which detention begins under an order of 
protective custody to determine whether the person should remain detained in the 
facility or center);
(F)  the right to have an attorney appointed if the person does not have an 
attorney, when application for court-ordered services is filed);
(G)  the right to communicate with the attorney at any reasonable time and to 
have assistance in contacting the attorney;
(H) the right to be informed that anything the person says to the personnel of 
the treatment facility may be used in making a determination relating to 
detention, may result in the filing of a petition for court-ordered treatment, 
and may be used at a court hearing;
(I) the right to present evidence and to cross-examine witnesses who testify on 
behalf of the petitioner at a hearing;
(J)  the right to refuse medication unless there is an imminent likelihood of 
serious physical injury to the person or others if the medication is refused;
(K) the right to be informed that beginning on the 24th hour before a hearing 
for court-ordered treatment, the person may refuse to take medication unless the 
medication is necessary to save the person's life;
(L) the right to request that a hearing be held in the county of which the 
person is a resident, if within the state.
sec.404.159. Rights Handbooks for Persons Receiving Mental Health Services.
(a) The department will publish a rights handbook which will contain 
interpretations written in simple and non-technical language of the various 
rights afforded individuals receiving mental health services, an explanation of 
the circumstances under which those rights may be limited, and an explanation of 
the appeals process. This handbook will be revised by the Office of Consumer 
Services and Rights Protection as necessary.
(b) Only the handbook published by the department will be distributed to 
individuals admitted to departmental facilities. Community centers may 
distribute the handbook published by the department or may choose to publish 
their own version. Handbooks published by community centers must contain all 
rights outlined in the handbook published by the department and must be approved 
by the Office of Consumer Services and Rights Protection prior to their 
distribution.
(c)  Each handbook distributed must include the toll free number of the Office 
of Consumer Services and Rights Protection in Central Office (1-800-252-8154), 
the name, telephone number, and mailing address of the rights protection 
officer, and the mailing address of the public responsibility committee for the 
facility or community center which distributes it.
(d) Within 24 hours of admission into services, each individual and the parent 
or conservator of a minor and the legal guardian of the person, when applicable, 
must be given the appropriate rights handbook. All handbooks must be printed in 
English and Spanish, and must be made available in any other language used by a 
significant percentage of the service area's population. Copies of the rights 
handbook must be displayed prominently at all times in all areas frequented by 
persons receiving services (e.g., dayrooms, recreational rooms, waiting rooms, 
lobby areas). A sufficient number of copies will be kept on hand in each of 
these areas in order that a copy may be made readily available to anyone 
requesting one.
sec.404.160. Communication of Rights to Individuals Receiving Mental Health 
Services.
(1) In addition to receiving a rights handbook, each newly admitted individual, 
the parent or conservator of a minor, and the guardian of the person, shall be 
informed orally of all rights in his or her primary language using plain and 
simple terms within 24 hours of admission into services. The notification will 
also include an explanation of the circumstances under which those rights may be 
limited, and an explanation of the appeals process. This notification also must 
occur annually and upon any changes to this information. The method used to 
communicate the information should be designed for effective communication, 
tailored to meet each person's ability to comprehend, and responsive to any 
visual or hearing impairment.
(2)  Oral communication of rights shall be documented on a form bearing the date 
and signatures of the individual and/or the parent, conservator, or guardian, 
and the staff member who explained the rights. The form should be filed in the 
individual's chart.
(3) When the individual receiving services is unable or unwilling to sign the 
document which confirms that rights have been orally communicated, a brief 
explanation of the reason should be entered onto that document along with the 
signatures of the person who explained the rights and a third-party witness.
sec.404.161. Rights Protection Officer.
(1) The head of each mental health facility and each community center shall 
appoint a rights protection officer for the facility or center.
(2) The name, telephone number, and mailing address of the rights protection 
officer must be prominently posted in every program or residential area 
frequented by service recipients, including community outreach or contract 
programs. Individuals desiring to contact the rights protection officer must be 
allowed access to facility or center telephones to do so.
(3) Duties required of the rights protection officer are specified at the 
discretion of the head of the facility or center, but must include the 
following:
(A) receiving complaints of violations of rights or inadequate provision of 
services and requests for advocacy from service recipients, their families, 
their friends, service providers, other facility or center personnel, other 
agencies, the general public, and the Office of Consumer Services and Rights 
Protection;
(B)  thoroughly investigating each such complaint received;
(C)  representing the expressed desires of the individuals served and advocating 
for the resolution of their grievances;
(D) reporting the results of investigations and advocacy to service recipients 
and the complainants, consistent with the protection of the service recipients' 
right to have any identifying information remain confidential;
(E) ensuring that the rights of individuals receiving services have been 
thoroughly explained to facility and center personnel through periodic training. 
The rights protection officer may provide the training directly or by consulting 
with facility or center training personnel; and
(F) reviewing all policies, procedures, behavior therapy programs, and rules 
which affect the rights of persons receiving services.
sec.404.162. Staff Training in Rights of Persons Receiving Mental Health 
Services. <ol> This subchapter shall be thoroughly and periodically explained to 
all employees of each facility and center as follow.
(1)  All new employees shall receive the instruction on the content of this 
subchapter during their orientation training and prior to beginning work.
(2) Within 60 days after the effective date of this subchapter, all current 
employees shall receive a copy of this subchapter and be briefed on its contents 
by the head of the facility or center or designee. Within six months following 
the effective date of this subchapter, all current employees shall receive 
refresher training on the rights of persons receiving mental health services.
(3) All supervisory personnel shall have a continuing responsibility to keep 
employees informed about rules governing rights of persons receiving mental 
health services and shall ensure that each employee receives training on the 
subject not less than once each calendar year. Such training shall be reported 
to the facility office for staff development.
(4) A record shall be kept by the facility office for staff development on each 
employee receiving orientation, annual training, or additional instruction in 
compliance with this section, including the date training was provided and the 
name of the individual conducting the training.
sec.404.163. References.  Reference is made to the following Texas laws, federal 
laws, departmental rules, and other standards:
(1)  Texas Department of Mental Health and Mental Retardation (Texas Health and 
Safety Code, Chapters 531-535);
(2) Texas Mental Health Code (Texas Health and Safety Code, sec.sec.572.003, 
573.025, 576.001-576.024, 611.002);
(3) Treatment of Chemically Dependent Persons (Texas Health and Safety Code, 
Chapters 461 and 462);
(4)  42 Code of Federal Regulations, Part 2;
(5) Public Law 99-319 (The Protection and Advocacy Act for Mentally Ill 
Individuals);
(6) Chapter 403, Subchapter K of this title (relating to Client-Identifying 
Information);
(7) Chapter 404, Subchapter A of this title (relating to Abuse and Neglect of 
Persons Served by TXMHMR Facilities);
(8) Chapter 404, Subchapter B of this title (relating to Client Abuse and 
Neglect in Community Mental Health and Mental Retardation Centers);
(9) Chapter 405, Subchapter FF of this title (relating to Consent to Treatment 
With Psychoactive Medication);
(10) Fair Labor Standards Act;
(11) Joint Commission on the Accreditation of Healthcare Organizations, 
Consolidated Standards Manual (1991);
(12) Joint Commission on the Accreditation of Healthcare Organizations, 
Accreditation Manual for Hospitals (1991);
(13)  TDMHMR Mental Health Community Services Standards (1991), Chapter 3; and
(14) RAJ v. Jones settlement agreement.
sec.404.164. Distribution.
(a) This subchapter shall be distributed to members of the Texas Board of Mental 
Health and Mental Retardation, the medical director, deputy commissioners, 
associate deputy commissioners, assistant deputy commissioners, and directors of 
Central Office; superintendents and directors of all TXMHMR mental health 
facilities; and executive directors and chairpersons of the boards of all Texas 
community mental health and mental retardation centers; Advocacy Inc.; the Texas 
Mental Health Consumers; the Texas Alliance for the Mentally Ill; the Mental 
Health Association in Texas; and other interested advocacy organizations.
(b)  The superintendent or director of each facility and the executive director 
of each community center shall provide a copy of this subchapter to the facility 
or center rights officer; the chair of the facility's or center's public 
responsibility committee; all appropriate staff; each contract agency which 
provides direct services; and any other person who requests a copy.
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 16, 1991.
TRD-9112828
Ann Utley
Chairman
Texas Board of Mental Health and Mental Retardation
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 465-4670
       
Chapter 405. Client (Patient) Care
Subchapter L. Client Rights-Mental Health Services
25 TAC sec.sec.405.281-405.291
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Department of Mental Health and Mental Retardation or in the Texas Register 
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes 
the repeal of sec.sec.405.281-405.291 concerning client rights-mental health 
services. The repeals are submitted contemporaneously with the proposal of new 
sec.sec.404.151-404.163, concerning rights of persons receiving mental health 
services.
The proposed new rules include a new section governing the rights of persons 
apprehended for emergency detention for inpatient chemical dependency services, 
as well as a new section outlining the responsibilities of the rights protection 
officer. The proposed new rules also update language and references.
Leilani Rose, director, Office of Budget and Fiscal Services, has determined 
that for the first five-year period the repeals are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the repeals.
Pam Carley, director, Office of Client Services and Rights Protection, has 
determined that for each year of the first five years the repeals are in effect 
the public benefit anticipated as a result of enforcing the repeals protecting 
and guaranteeing the rights of person receiving mental health services. There 
will be no effect on small businesses. There is no anticipated economic cost to 
persons who are required to comply with the repeals as proposed.
Comments on the proposal may be submitted to Linda Logan, director, Policy 
Development Section, Texas Department of Mental Health and Mental Retardation, 
P. O. Box 12668, Austin, Texas 78711-2668.
The repeal of these sections is proposed under Texas Civil Statutes, Article 
5547-202, sec.2.11, which provides the Texas Board of Mental Health and Mental 
Retardation with rulemaking powers.
sec.405.281. Purpose.
sec.405.282. Application.
sec.405.283. Definitions.
sec.405.284. Rights of All Clients Receiving Mental Health Services.
sec.405.285. Rights of Clients Receiving Inpatient Mental Health Services.
sec.405.286. Rights of Voluntarily Clients Receiving Inpatient Mental Health 
Services.
sec.405.287. Rights of Persons Apprehended for Emergency Detention for Inpatient 
Mental Health Services.
sec.405.288. Rights Handbook for Clients Receiving Mental Health Services.
sec.405.289. Communication of Rights to Clients Receiving Mental Health 
Services.
sec.405.290. Reference.
sec.405.291. Distribution.
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 16, 1991.
TRD-9112827
Ann Utley
Chairman
Texas Board of Mental Health and Mental Retardation
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 465-4670
       
TITLE 28. INSURANCE
Part I. Texas Department of Insurance
Chapter 1. General Administration
Subchapter J. Texas Filing Submission Information
Manual
28 TAC sec.1.2001
The State Board of Insurance proposes new sec.1.2001, concerning adoption by 
reference of a manual of filing submission information for the filing of rules, 
rates, and policy forms with the Texas Department of Insurance for automobile 
insurance, bond and burglary insurance, general liability insurance, 
professional liability insurance, property insurance, and inland marine 
insurance. The manual is necessary to establish proper guidelines to filing laws 
and regulations with appropriate instructions to insurance companies on the 
proper and acceptable methods of submitting a rate, rule, or policy form filing 
with the Texas Department of Insurance. The board has filed with the office of 
the Secretary of State, Texas Register Section, copies of the proposed manual 
which sec.1.2001 adopts by reference. Persons desiring copies of the manual can 
obtain copies from the Property Division, Mail Code 103-1A, Texas Department of 
Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104.
Lyndon Anderson, deputy insurance commissioner for property insurance, 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, and there will be no effect on local 
employment or local economy.
Mr. Anderson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section is the assurance that insurance products filed with the Texas Department 
of Insurance will be handled in a more efficient and effective manner, allowing 
new insurance products that promote competition to be available in the 
marketplace in a more timely fashion. It will also provide greater assurance to 
the public that insurance products filed with the Texas Department of Insurance 
meet the applicable insurance laws of 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 section as proposed.
Comments on the proposal may be submitted to Lyndon Anderson, Deputy Insurance 
Commissioner for Property Insurance, Mail Code 103-1A, Texas Department of 
Insurance, 333 Guadalupe Street, P.O. Box 49104, Austin, Texas 78714-9104.
The new section is proposed under the Insurance Code, Articles 1.04(b), 5.06, 
5.10, 5.101, 5.13-2, 5.15, 5.15-1, 5.35, 5.53 and 5.81, which provides the board 
the authority to adopt filing requirements for rules, rates, and forms.
sec.1.2001. Rules for Texas Filing Submission Information. <ol> The State Board 
of Insurance adopts by reference a manual of filing submission information for 
the filing of rules, rates, and policy forms for automobile insurance, bond and 
burglary insurance, general liability insurance, professional liability 
insurance, property insurance, and inland marine insurance, effective January 1, 
1992. Copies of the manual of filing submission information may be obtained by 
contacting the Property Division, Mail Code 103-1A, Texas Department of 
Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 16, 1991.
TRD-9112982
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 463-6328
       
Chapter 5. Property and Casualty Insurance
Subchapter A. Automobile Insurance
28 TAC sec.5.204
The Texas Department of Insurance proposes new sec.5.204 concerning a standard 
proof of liability insurance form to be issued by each motor vehicle liability 
insurer to each policyholder. This form will enable each policyholder to comply 
with new statutory requirements regarding submission of financial responsibility 
evidence.
Kae T. Patrick, manager of the Automobile Office, has determined that for each 
year of the first five years the new section will be in effect, there will be no 
fiscal implications to state or local governments as a result of administering 
the section.
Mr. Patrick, also has determined that for each year of the first five years the 
new section is in effect, the public benefit anticipated as a result of 
enforcing the section will be the resulting ability of each policyholder to 
comply with new statutory requirements regarding submission of financial 
responsibility evidence. There will be no effect on small businesses. There is 
no anticipated economic cost to persons who are required to comply with the 
proposed new section.
Comments may be submitted to Kae T. Patrick, Manager of the Automobile Office, 
Mail Code 104-1A, Texas Department of Insurance, P.O. Box 149093, Austin Texas 
78714-9093.
The new section is proposed under the Texas Insurance Code Article 1.04, which 
provides the Texas Department of Insurance with the authority to determine 
policy and rules in accordance with the laws of this State, and Texas Civil 
Statutes Article 6675a-1, sec.2a(d)(2), and Article 6701h, sec.1B, sec.1F(f), 
which require the Texas Department of Insurance to promulgate a standard proof 
of liability form.
sec.5.204. Motor Vehicle Safety Responsibility. For each motor vehicle insurance 
policy which becomes effective on or after September 1, 1991, the insurer shall 
comply with the provisions of paragraphs (1)-(4) of this section.
(1) A standard proof of liability insurance form, titled "TEXAS LIABILITY 
INSURANCE CARD", shall be issued by each liability insurer. The Texas Liability 
Insurance Card shall contain all of the following languages as explained in 
paragraphs (3) and (4) of this section.
(2) Side A of the form, shall be written in the English language or, at the 
option of the insurer, can be written in English and Spanish. It shall be at 
least 10-point type, except for the language in subparagraph (H) of this 
paragraph. The entire text shall be in upper and lower case letters. Side A of 
the form shall include the following:
(A) Insured-name and address of each insured or covered person;
(B) Vehicle-year, make and model of each covered vehicle; and, at company's 
option, VIN (Note: If the policy does not require the description of a vehicle, 
then this block should contain the appropriate wording which will describe the 
types of vehicles for which coverage is afforded-i.e. "any auto driven by the 
insured", "any auto driven with dealer plates" or similar descriptive language);
(C) Effective Date-display effective date of the policy;
(D) Expiration Date-display expiration date of policy;
(E) Policy Number-display number;
(F) Insurance Company-name and toll-free phone number of insurer, if the insurer 
is required by statute to maintain a toll-free number for consumer inquiries;
(G)  Agent-name and phone number of the agent, if applicable;
(H) the following statement: This policy provides at least the minimum amounts 
of liability insurance required by the Texas Motor Vehicle Safety Responsibility 
Act for the specified vehicles and named insureds and may provide coverage for 
other persons and other vehicles as provided by the insurance policy.
[graphic]
(3) Side B of the form shall be entitled "Texas Liability Insurance Card. "
(A) Side B shall contain the following language:
[graphic]
(B) The format explaining when a card may be required cannot be changed. That 
is, the card shall use bullets (o) and list the places a card might be requested 
in a vertically descending manner.
(C) Side B of the form shall appear in upper and lower case, using at least 10-
point type for the text body with at least 12-point type for the heading, "Texas 
Liability Insurance Card." Bold-faced type shall be used for the heading and 
first line, reading "<nl>Keep this card <ol>." Bold-faced capital letters shall 
be used for the word "<nl>IMPORTANT<ol>" as it appears on Side B.
(4) At its option, the insurer shall comply with at least one subparagraph out 
of subparagraphs (A)-(D) of this paragraph:
(A) provide to the insured a Texas Liability Insurance Card in which the text of 
Side B is in English and Spanish;
(B)  provide to the insured two separate cards, one in English, the other with 
Side B in Spanish;
(C) provide to the insured a Texas Liability Insurance Card in English and with 
that mailing include a notice in Spanish regarding the availability of a Texas 
Liability Insurance Card in Spanish. The notice shall include all the language 
required for Side B, in the same manner as required for Side B. The notice shall 
also inform the insured that the insured can obtain a Spanish Texas Liability 
Insurance Card by calling the company's toll-free number, the insured's agent, 
or any other applicable number. This last information shall appear as follows: 
"<nl>IMPORTANTE: <ol> Si usted quiere una tarjeta official escrita en espanol, 
llarne a este numero:" and shall be followed by the company's toll-free number, 
the insured's agent, or any other applicable number. This shall appear in at 
least 10-point type with the word " <nl>IMPORTANTE<ol>" appearing in bold-face 
and upper-case letters. Upon request, the company shall fumish Spanish cards in 
compliance with subparagraph (A) or subparagraph (B) of this paragraph;
(D) provide to the insured a Texas Liability Insurance Card in which the text of 
both Side A and Side B are in Spanish and English.
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 17, 1991.
TRD-9112883
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 463-6328
       
Subchapter E. Texas Catastrophe Property Association
Manual
28 TAC sec.5.4501
The State Board of Insurance proposes an amendment to sec.5.4501, concerning 
adoption by reference of a manual of rules and regulations for insurance 
coverage effective through the Texas Catastrophe Property Insurance Association 
(association). The amendment is necessary to provide proper references in the 
manual to the maximum limits of liability as set forth in House Bill Number 2, 
enacted by the 72nd Legislature, which are applicable to risks insured by the 
association. In addition, a new rule is provided in the manual to reflect that 
the limits of liability effective September 1, 1991, for a risk insured on or 
after September 1, 1991, may not be required to be reduced if the risk was 
insured by the TCPIA for a greater limit of liability prior to September 1, 
1991. The board has filed with the office of the Secretary of State, Texas 
Register Section, copies of the proposed amendments of the manual which 
sec.5.4501 adopts by reference under this amendment. Persons desiring copies of 
these amendments to the manual can obtain copies from the Property Division, 
Mail Code 103-1A, Texas Department of Insurance, 333 Guadalupe Street, P.O. Box 
149104, Austin, Texas 78714-9104.
Lyndon Anderson, deputy insurance commissioner for property insurance, 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, and there will be no effect on local 
employment or local economy.
Mr. Anderson also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section is the assurance of proper reference in the manual rules that will 
properly reflect the maximum limit of liability available under a windstorm 
insurance policy issued by the association. 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 Lyndon Anderson, Deputy Insurance 
Commissioner for Property Insurance, Mail Code 103-1A, Texas Department of 
Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104.
The amendment is proposed under the Insurance Code, Article 21.49, sec.8, which 
authorizes the State Board of Insurance to approve manuals of classifications, 
rules and rates for the Texas Catastrophe Property Insurance Association.
sec.5.4501. Rules and Regulations for Texas Catastrophe Property Insurance 
Association (association). The State Board of Insurance adopts by reference a 
rules manual for the association, as amended effective  <nl>January 1, 1992<ol> 
[April 1, 1991]. Copies of the rules manual may be obtained by contacting the 
Property Division, Mail Code <nl>103-1A<ol> [011-1], <nl>Texas Department of 
Insurance<ol> [State Board of Insurance], <nl>333 Guadalupe Street, P.O. Box 
149104<ol>, [1110 San Jacinto Boulevard] Austin, Texas, <nl>78714-9104<ol> 
[78701-1998].
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 16, 1991.
TRD-9112981
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 463-6328
       
Subchapter H. Cancellation, Denial, and Non-Renewal of Certain Property and 
Casualty Insurance Coverage
28 TAC sec.5.7015
The State Board of Insurance of the Texas Department of Insurance proposes new 
sec.5.7015, concerning an insurer's refusal to write private passenger 
automobile coverage because the applicant did not have such insurance prior to 
the application. The section identifies as unfair discrimination between 
individuals of the same class of hazard and an unfair practice the refusal by an 
insurer to write insurance coverage, at the applicable rate classification, for 
an applicant lacking prior insurance. The section also prohibits insurers from 
engaging in such acts. The section is proposed because justifiable reasons 
frequently exist for an individual's not having had auto insurance coverage, 
such as being in the armed services, being out of the country, or driving a 
company-insured car. Further, statutory changes to substantially strengthen 
enforcement of the Texas Motor Vehicle Safety-Responsibility Act have resulted 
in a greatly increased demand for private passenger automobile insurance. Unless 
insurers are prohibited from denying coverage for the previously mentioned 
reason at the applicable rate classification, there will be a significant 
segment of the driving population for which insurance will not be available at 
an affordable cost. As a result some people will remain uninsured and at risk 
under the Motor Vehicle Safety-Responsibility Act, Texas Civil Statutes, Article 
6701h. Further, those people will be at risk under other statutes which require 
proof of insurance when registering a car (Article 6675a-1), obtaining a 
driver's license (Article 6687b), or obtaining an inspection certificate 
(Article 6701d). The State Board of Insurance adopted the proposed section on an 
emergency basis on September 27, 1991.
A. W. Pogue, associate commissioner for regulated lines of the Texas Department 
of Insurance, 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. Pogue 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 provision of motor vehicle insurance to a greater number of 
persons. There will be no effect on small businesses. The anticipated economic 
cost to persons who are required to comply with the proposed new section is 
estimated to be the difference, if any, between the loss ratios generated by the 
addition of these insureds to the group of insureds already covered by the 
insurance company or carrier.
Comments may be submitted to A. W. Pogue, Associate Commissioner for Regulated 
Lines, Mail Code 107-2A, Texas Department of Insurance, P.O. Box 149093, Austin, 
Texas 78714-9093.
The new section is proposed under the Insurance Code, Article 1.04, which 
provides the Texas Department of Insurance with the authority to determine 
policy and rules in accordance with the laws of this state; the Insurance Code, 
Article 5.01, which gives the department sole and exclusive authority to 
determine and prescribe just, reasonable, and adequate rates and rating plans 
and classification of risks for motor vehicle insurers; the Insurance Code, 
Article 5.09, which prohibits discrimination or distinctions in favor of an 
insured having a like hazard, in the charge of premiums for insurance; the 
Insurance Code, Article 5.10, which authorizes the department to make and 
enforce rules and regulations not inconsistent with the provisions of the 
Insurance Code, Chapter 5, Subchapter A; (Motor Vehicle or Automobile Insurance) 
and the Insurance Code, Article 21.21, which regulates trade practices in the 
business of insurance, including unfair acts and practices, and which gives the 
board authority to promulgate and enforce reasonable rules and regulations and 
to order such provision as is necessary to accomplish the purposes of this 
statute. The new section affects the Insurance Code, Chapter 5, Subchapter A, 
including Articles 5.01, 5.09, and 5.10, and affects Article 21.21 of the 
Insurance Code, all as heretofore specified and discussed. The new section, if 
adopted, shall amend Title 28, Chapter 5, Property and Casualty Insurance, 
Subchapter H. Cancellation, Denial, and Non-Renewal of certain Property and 
Casualty Insurance Coverage, by adding a new sec.5.7015 thereto.
sec.5.7015. Unfairly Discriminatory Acts or Practices. The following is hereby 
identified as an act or practice in the writing of motor vehicle insurance which 
constitutes unfair discrimination between individuals of the same class of 
hazard and an unfair practice: refusing to insure an applicant, at the 
applicable rate classification, for a private passenger auto policy because the 
applicant has no motor vehicle insurance coverage prior to the application. No 
insurer may engage in the act identified in this section.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 21, 1991.
TRD-9112983
Linda K. von Quintus
Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 463-6328
       
Chapter 7. Corporate Financial Regulation
Subchapter A. Examination and Corporate Custodian and Tax
28 TAC sec.7.75
The State Board of Insurance proposes an amendment to 7.75, concerning annual 
and quarterly statement diskette filing requirements for financial activities by 
insurance companies and certain other entities regulated by the board. The 
amendment was adopted on an emergency basis and became effective on July 17, 
1991. Notice of the emergency adoption of this amendment appeared in the July 
26, 1991, issue of the Texas Register  (16 TexReg 4046). The amendment is 
necessary to exempt small stipulated premium companies with life only authority 
from the financial hardship of quarterly diskette filings. Preservation of the 
financial ability of these small companies to write this insurance will preserve 
these companies as a source of this insurance for consumers or policyholders in 
a market for small burial-type life insurance which larger companies do not 
serve. Section 7.75 is necessary to facilitate appropriate reporting by affected 
entities and to provide for timely and reliable review of financial data from 
each entity's annual statement and quarterly statements. Rapid and reliable 
review can produce fast action when necessary to maintain a regulated entity in 
sound financial condition that will protect policyholders and other consumers. 
Section 7.75 requires that, in 1991, certain regulated entities must provide the 
National Association of Insurance Commissioners with machine-readable diskettes 
containing financial information concerning activities during the 1990 and 1991 
calendar years. The section refers regulated entities to manuals which specify 
the form and content of computerized data that the regulated entities must 
provide on the diskettes. The manuals require information concerning the 
financial condition and business operations of the regulated entities. The 
amendment provides that any stipulated premium company which is authorized to 
write life insurance only, and which collected premium income in the prior 
calendar year of less than $1 million, and which had a profit from operations in 
the prior two calendar years, is not required to file quarterly statements or 
quarterly diskettes with the board or with the National Association of Insurance 
Commissioners.
Scott Nance, Deputy Insurance Commissioner for Financial Analysis, has 
determined that, for the first five-year period the proposed amendment will be 
in effect, there will be no fiscal implications for state or local government as 
a result of enforcing or administering the section, and there will be no effect 
on local employment or local economy.
Mr. Nance, also has determined that, for each year of the first five years the 
amendment is in effect, the public benefit anticipated as a result of enforcing 
the section will be the adoption of requirements and instructions to facilitate 
appropriate reporting by regulated entities and to facilitate review by the 
board of reported information without limiting the market for policyholders and 
consumers of small burial type life insurance. The anticipated reduction of 
economic cost to small businesses and other persons who are required to comply 
with the proposed amendment will be between $500 and $3,500 for certain small 
stipulated premium companies. On the basis of cost per hour of labor, there is 
no expected difference in cost of compliance between small businesses and large 
businesses affected by the section.
Comments on the proposal may be submitted to Scott Nance, Deputy Insurance 
Commissioner for Financial Analysis, Mail Code 303-1A, Texas Department of 
Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104.
The amendment is proposed under the Insurance Code, Articles 1.04, 1.11, 3.07, 
6.11, 6.12, 8.07, 8.08, 8.21, 8.24, 10.30, 11.06, 11.19, 15.15, 15.16, 17.22, 
17.25, 18.12, 19.08, 20.02, 21.21, 21.43, 21.54, 22.06, and 22.18, and Texas 
Civil Statutes, Article 6252-13a, sec.4 and sec.5. The Insurance Code, Article 
1. 04, authorizes the State Board of Insurance to determine policy and rules. 
The Insurance Code, Article 1.11, authorizes the board to make such changes in 
the form of statements as shall seem best adapted to elicit a true exhibit of 
the condition and methods of transacting business of regulated entities, and 
also requires certain entities to file statement information in computer 
compatible format with the National Association of Insurance Commissioners. The 
Insurance Code, Article 21.21, prohibits any person engaged in the business of 
insurance from filing with any public official any false statement of financial 
condition of an insurer with intent to deceive and requires that all statements 
made by persons in the business of insurance be truthful and not misleading. The 
Insurance Code, Article 21.43, requires that the provisions of the Insurance 
Code are conditions on which foreign insurance corporations are permitted to do 
business in this state and requires foreign insurers to comply with the 
provisions of the Insurance Code. The Insurance Code, Articles 3.07, 6.11, 6.12, 
8.07, 8.08, 8.21, 8.24, 10.30, 11.06, 11.19, 15.15, 15.16, 17.22, 17.25, 18.12, 
19.08, 20.02, 21.54, 22.06, and 22.18, requires the filing of financial reports 
and other information by certain specific entities regulated by the board, 
applies particular statutory law respecting reports to those entities, and 
specifies particular rulemaking authority relating to those entities. Texas 
Civil Statutes, Article 6252-13a, sec.4, authorize and require each state 
administrative agency to adopt rules of practice setting forth the nature and 
requirements of available procedures. Section 5 of that Article prescribes the 
procedure for adoption of rules by any state administrative agency.
sec.7.75. Requirements for Annual and Quarterly Statement Diskette Filing in 
1991 Concerning Financial Activities during 1990 and 1991.
(a)  (No change.)
(b) Concerning activities during calendar years 1990 and 1991, each and every 
stock life company, mutual life company, group hospital service corporation, and 
stipulated premium company shall provide the National Association of Insurance 
Commissioners with machine-readable diskettes containing computerized financial 
data. In 1991, each of these entities shall file the diskettes in addition to 
and at the time of filing its Form 1 annual statement and its quarterly 
statements with the National Association of Insurance Commissioners. The data on 
the diskettes shall be in the form and content specified in the current annual 
statement diskette filing specifications for life, accident, and health for the 
year ended December 31, 1990, and the 1991 quarterly statement diskette filing 
specifications, which the board adopts by reference under this subsection<nl>; 
provided, however, any stipulated premium company which is authorized to write 
life insurance only, and which collected premium income in the prior calendar 
year of less than $1 million, and which had a profit from operations in the 
prior two calendar years, is not required to file quarterly statements or 
quarterly diskettes with the board or with the National Association of Insurance 
Commissioners. Nothing in this section prohibits the board from requiring any 
insurance company from filing monthly or quarterly financial statements with the 
board pursuant to other rule or statutory authority.<ol> These <nl>quarterly 
statement diskette filing<ol> specifications are published by the Texas 
Department of Insurance and may be obtained from the Publications Division, Mail 
Code <nl>108-5B <ol> [009-10], Texas Department of Insurance, <nl>333 Guadalupe 
Street. P.O. Box 149104<ol> [1110 San Jacinto Boulevard], Austin, Texas  
<nl>78714-9104<ol> [78701-1998].
(c) Concerning activities during calendar years 1990 and 1991, each and every 
stock fire company, stock casualty company, stock fire and casualty company, 
mutual fire company, mutual casualty company, mutual fire and casualty company, 
county mutual company, Lloyds, reciprocal, and risk retention group shall 
provide the National Association of Insurance Commissioners with machine-
readable diskettes containing computerized financial data. In 1991, each of 
these entities shall file the diskettes in addition to and at the time of filing 
its Form 2 annual statement and its quarterly statements with the National 
Association of Insurance Commissioners. The data on the diskettes shall be in 
the form and content specified in the current annual statement diskette filing 
specifications for fire and casualty for the year ended December 31, 1990, and 
the 1991 quarterly statement diskette filing specifications, which the board 
adopts by reference under this subsection. These specifications are published by 
the Texas Department of Insurance and may be obtained from the Publications 
Division, Mail Code <nl>108-5B<ol> [009-10], Texas Department of Insurance,  
<nl>333 Guadalupe Street. P.O. Box 149104<ol> [1110 San Jacinto Boulevard], 
Austin, Texas <nl>78714-9104<ol> [78701-1998].
(d)  Concerning activities during calendar year 1990, each and every fraternal 
benefit society shall provide the National Association of Insurance 
Commissioners with machine-readable diskettes containing computerized financial 
data. In 1991, each of these entities shall file the diskettes in addition to 
and at the time of filing its Form 4 annual statement with the National 
Association of Insurance Commissioners. The data on the diskettes shall be in 
the form and content specified in the current annual statement diskette filing 
specifications for fraternal for the year ended December 31, 1990, which the 
board adopts by reference under this subsection. These specifications are 
published by the Texas Department of Insurance and may be obtained from the 
Publications Division, Mail Code <nl>108-5B<ol> [009-10], Texas Department of 
Insurance, <nl>333 Guadalupe Street. P.O. Box 149104 <ol> [1110 San Jacinto 
Boulevard], Austin, Texas  <nl>78714-1904<ol> [78701-1998].
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 17, 1991.
TRD-9112882
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 463-6328
       
TITLE 31. NATURAL RESOURCES AND CONSERVATION
Part IX. Texas Water Commission
Chapter 313. Edwards Aquifer
Subchapter B. Application Requirements and Processing Fees for Approval of Plans 
and Amendments
31 TAC sec.313.27
The Texas Water Commission proposes an amendment to sec.313.27, concerning fee 
schedules for the filing of certain plans subject to review by the commission 
under its rules for the protection of the Edwards Aquifer. Plans required to be 
submitted under sec.313.21 for which fees are imposed include water pollution 
abatement plans filed pursuant to sec.313.4, sewage collection system plans 
filed pursuant to sec.313.5 and static hydrocarbons and hazardous substance 
storage tank system construction or renovation plans filed pursuant to 
sec.313.10 and sec.313.11.
The proposed amendments to sec.313.27 increase the fee for each category of 
required submissions. The increase is based upon the need for additional funds 
to support the commission's Edwards Aquifer protection program. The fee schedule 
adjustment is necessary to enable this program to become financially self-
supporting, and to improve the efficiency and expediency of the commissions 
review of submitted plans. The proposed fee schedule is within the limitations 
set out in of the Texas Water Code, sec.26.0461, which authorizes the commission 
to assess such fees.
For water pollution abatement plans, the current application fee is based on the 
total acreage of regulated development for which approval is sought and is as 
follows: for a development less than five acres-$100; at least five acres, but 
less than ten acres-$250; at least ten acres, but less than 25 acres-$400; at 
least 25 acres, but less than 50 acres-$600 ; at least 50 acres, but less than 
one 100 acres-$800; 100 acres or more-$1,000.
Proposed sec.313.27(a) adjusts the existing fee structure for review of water 
pollution abatement plans by creating new categories for acreage charges. Under 
the proposed classification for single-family residential developments, parks 
and public schools less than two acres in size, the fee is $1,000. For single-
family residential developments, parks and public schools two or more acres in 
size, the fee is $2,000. Under the proposed classification for commercial and 
other regulated developments less than one acre in size, the fee is $1,000. For 
commercial and other regulated developments one or more acres in size, the fee 
is $2,000.
For sewage collection system plans and amendments, the current application fee 
is based on the total number of linear feet of all lines for which approval is 
sought and is as follows: $.10 per linear foot with a minimum fee of $100 and a 
maximum fee of $2,000.
Proposed sec.313.27(b) revises fee amounts required for review of sewage 
collection system plans and amendments. The proposed fee for this category is $. 
50 per linear foot with a minimum fee of $500 and a maximum fee of $2,000.
For static hydrocarbons or hazardous substance storage tank systems, facility 
plans and amendments, the current application fee is based on the number of 
tanks or piping systems for which approval is sought and is as follows: $100 per 
tank or piping system with a minimum fee of $100 and a maximum fee of $2,000.
Proposed sec.313.27(c) revises fee amounts for review of static hydrocarbons or 
hazardous substance storage tank systems. The proposed fee for this category is 
$500 per tank or piping system with a minimum fee of $500 and a maximum fee of 
$2,000.
Karen P. Phillips, director of Budget and Planning, has determined that for the 
first five-year period this section will be in effect there will be fiscal 
implications as a result of administration or enforcement of the section. The 
effect on state government will be an increase in revenue of approximately $95, 
000 in fiscal year 1992 and approximately $188,000 per year in each of the 
fiscal years 1993-1996. This section as proposed will result in the increase of 
revenue available to the Edwards Aquifer Protection Program, but will not 
directly effect costs of the program. The effect on local government will be an 
increase in costs of development plans within the jurisdiction of the Edwards 
Aquifer protection program by an average of $939 per project. The average 
application fee for all projects will increase by the same $939, from $281 to 
$1, 220. The minimum fee is increased from $100 to between $500 and $1,000, 
depending on the type of project. The maximum fee for water pollution abatement 
plans is increased from $1,000 to $2,000. This total of $2000 is to cover the 
cost of reviewing plans and specifications, as well as conducting the necessary 
inspections. The maximum fee for other types of submittals is unchanged. Of the 
approximately 200 applications received in fiscal year 1991, four were assessed 
the maximum applicable fee 2.0%. Under the proposed schedule, some 63 
applications, or 32% of the total, would be subject to the maximum fee.
This section as proposed will have fiscal implications for small businesses. The 
costs to a small business are anticipated to be consistent with those for any 
applicant and will vary by size and type of proposed development project. Ms. 
Phillips has also determined that for each year of the first five years this 
section is in effect the public benefit anticipated as a result of 
administration or enforcement of this section will be improved protection of the 
water resources of the Edwards Aquifer, more efficient review and approval of 
development proposals over the aquifer and improved recovery of the state's cost 
of regulating development activities under the Water Code, sec.26.0461. There 
are no anticipated costs to persons who are required to comply with this section 
as proposed, other than those costs which have been identified and are 
applicable to any person proposing a development project over the Edwards 
Aquifer subject to commission approval.
Comments on the proposal may be submitted to Jennifer Smith, Staff Attorney, 
Legal Division, Texas Water Commission, P.O. Box 13087-3087, Austin, Texas 
78711, (512) 463-8069. Comments will be received for 30 days following the date 
of this publication. To facilitate public comments on the proposed section, the 
commission has scheduled a public hearing to receive comments on Monday, 
November 18, 1991, at 10 a.m., in Room 118 in the Stephen F. Austin State Office 
Building, 1700 North Congress Avenue, Austin, Texas 78711-3087.
The amended section is proposed under the Texas Water Code, sec.26.0461, as 
enacted by Senate Bill 434, 70th Legislature, 1987, which provides the 
commission with the authority to impose fees for the filing of certain plans 
subject to review by the Texas Water Commission under its rules for the 
protection of the Edwards Aquifer, and under the Texas Water Code, sec.5.103 and 
sec.5.105, which authorize the Texas Water Commission to adopt any rules 
necessary to carry out its powers and duties as provided by the Code and other 
state law.
sec.313.27. Fee Schedule.
(a) Water Pollution Abatement Plans. For water pollution abatement plans and 
amendments, the application fee shall be based on the total acreage of regulated 
development for which approval is sought, as follows:
[graphic]
(b) Sewage collection systems. For sewage collection system plans and 
amendments, the application fee shall be based on the total number of linear 
feet of all lines for which approval is sought. The fee shall be [$.10] <nl>$. 
50 <ol> per linear foot, with a minimum fee of [$100] <nl>$500<ol> and a maximum 
fee of $2,000.
(c) Underground and aboveground storage tank systems. For static hydrocarbons or 
hazardous substance storage tank systems facility plans and amendments, the 
application fee shall be based on the number of tanks or piping systems for 
which approval is sought. The fee shall be [$100] <nl>$500<ol> per tank or 
piping system, with a minimum fee of [$100] <nl>$500<ol> and a maximum fee of 
$2,000.
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 21, 1991.
TRD-9112986
Jim Haley
Director, Legal Division
Texas Water Commission
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 463-8069
       
Chapter 335. Industrial Solid Waste and Municipal Hazardous Waste
Subchapter G. Location Standards for Hazardous Waste Storage, Processing, or 
Disposal
31 TAC sec.335.202
The Texas Water Commission (TWC) proposes an amendment to sec.335.202, 
concerning industrial solid waste and municipal hazardous waste. The amendment 
is proposed in order to clarify the siting requirements imposed by new 
provisions of the Texas Solid Waste Disposal Act (TSWDA), Chapter 361, Texas 
Health and Safety Code Annotated (Vernon's Supplement 1991) recently promulgated 
by the legislature in Senate Bill 1099, 72nd Legislature, 1991.
Section 335.202 is proposed to be amended by the definition of residence. This 
is the result of comments received during the rulemaking process for adoption of 
the so-called "120-day rules," pursuant to Senate Bill 1099, 72nd Legislature, 
1991. Those comments suggested that the term "residence" should include the yard 
of a home. Some suggested that all area within the property line be included in 
the definition. During hearing on those rules, others responded to these 
comments that to add any other property than the residential structure itself 
would have the effect of extending the one-half mile "buffer zone" established 
by the Act. One commenter suggested that since a 75 foot distance was 
established for measuring for hazardous waste management units, it might be 
appropriate to use 75 feet as the measurement distance from residential 
structures.
Because the commission had not proposed a definition of residence, no such 
definition was adopted with the "120-day rules". The commission proposes a 
definition today which uses a 100-foot measurement distance. However, the 
commission invites specific comments on the efficacy of using any distance from 
75 feet to 200 feet, and hereby puts the public on notice that any distance in 
that range may ultimately be chosen.
Ms. Karen P. Phillips, director of Budget and Planning, has determined that for 
the first five-year period the section will be in effect, there will be no 
direct fiscal implications for state or local government as a result of 
enforcing or administering the section.
Ms. Phillips also has determined that for each year of the first five years the 
new section is in effect, the public benefit anticipated as a result of 
enforcing the section will be improvement in the protection of human health and 
the environment. 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.
Written comments on the proposal may be submitted to Sally Jo Hahn, Staff 
Attorney, Legal Division, Texas Water Commission, P.O. Box 13087, Austin, Texas 
78711-3087. Comments will be accepted until 5 p.m., 30 days after the date of 
this publication.
The amendment is proposed under the Texas Water Code, sec.5.104 and sec.26.011, 
which give the commission the authority to adopt any rules necessary to carry 
out its powers, duties, and policies and to protect water quality in the state. 
The section is also proposed under the TSWDA, sec.3 and sec.4, which give the 
commission the authority to regulate industrial solid wastes and hazardous 
municipal solid wastes and to adopt rules and promulgate rules consistent with 
the general intent and purposes of the Act.
sec.335.202. Definitions.  The following words and terms, when used in this 
subchapter, shall have the following meanings, unless the context clearly 
indicates otherwise.
<nl>   Residence-the structure and surrounding property within the property 
boundaries not to exceed 100 feet from the structure in all directions.
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 21, 1991.
TRD-9112985
Jim Haley
Director, Legal Division
Texas Water Commission
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 463-8069
       
TITLE 37. PUBLIC SAFETY AND CORRECTIONS
Part IX. Commission on Jail Standards
Chapter 273. Medical Services in County Jails
37 TAC sec.273.5
The Texas Commission on Jail Standards proposes an amendment to sec.273.5, 
concerning suicide prevention plans which are required to be developed for the 
county jail by each sheriff. The proposed amendment will extend the required 
filing date which was adopted under emergency rule filed May 29, 1991, and 
September 11, 1991.
Jack E. Crump, 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. Crump also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to provide an extended date by which Suicide Prevention Plans 
must be filed with the commission. This extension will allow sufficient time for 
evaluation of the Suicide Prevention Plan Development Guide which commission 
staff has developed and presented to the TCJS. 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 Jack E. Crump, Executive Director, 
Texas Commission on Jail Standards, P.O. Box 12985, Austin, Texas 78711.
The amendment is proposed under the Government Code, Chapter 511, which provides 
the Texas Commission on Jail Standards with the authority to adopt reasonable 
rules and procedures establishing minimum standards for the construction, 
equipment, maintenance, and operation for county jails.
sec.273.5. Suicide Prevention Plan.
(a) (No change.)
(b) The suicide prevention plan shall be filed with the commission for approval 
by <nl>December 31, 1991<ol> [June 1, 1991].
(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-9112795
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 463-5505
       
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part I. Texas Department of Human Services
Chapter 10. Family Self-Support Services
Employment Service
40 TAC sec.10.2303, sec.10.2307
The Texas Department of Human Services (DHS) proposes an amendment to sec.10. 
2303, concerning participant extended eligibility for case management services, 
and sec.10.2307, concerning penalties for failure to participate. The purpose of 
the amendments is to clarify extended eligibility and the length of time a 
volunteer participant who fails to participate must wait to participate in Job 
Opportunities and Basic Skills Training (JOBS) again.
Burton F. Raiford, interim commissioner, 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.
Mr. Raiford also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be increased efficiency in service delivery for case 
management and employment services. There will be no effect on small businesses. 
There is no anticipated economic cost to persons who are required to comply with 
the proposed sections.
Questions about the content of this proposal may be directed to Carol Barron at 
(512) 450-4242 in DHS's Client Self-support Services Program Policy Section. 
Comments on the proposal may be submitted to Nancy Murphy, Policy and Document 
Support-253, Texas Department of Human Services E-503, P.O. Box 149030, Austin, 
Texas 78714-9030, within 30 days of publication in the Texas Register.
The amendments are proposed under the Human Resources Code, Title 2, Chapter 22 
and 31, which authorizes the department to administer public and financial 
assistance programs.
sec.10.2303. Participant Extended Eligibility for Case Management Services.
(a) Case management will be provided to participants who lose eligibility for 
Aid to Families with Dependent Children (AFDC) <nl>due to earnings<ol> [because 
of employment] for 90 days after the  <nl>beginning date of employment <ol> 
[denial of AFDC as specified in 45 Code of Federal Regulations  s250.73(e)(1)]
(b) (No change.)
sec.10.2307. Penalties for Failure to Participate.  Failure to participate in 
Job Opportunities and Basic Skills <nl>Training<ol> <nl>(JOBS) program<ol> 
component activities without good cause results in the following.
(1) Volunteers who are exempt from participation are not subject to sanction but 
may not volunteer again <nl>for three months<ol> [until the next eligibility 
redetermination interview or after six months, whichever is longer];
(2) (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 17, 1991.
TRD-9112992
Nancy Murphy
Agency liaison, Policy and Department Support
Texas Department of Human Services
Proposed date of adoption: January 1, 1992
For further information, please call: (512) 450-3765
       
40 TAC sec.10.2304
The Texas Department of Human Services (DHS) proposes an amendment to sec.10. 
2304, concerning support services for participants in the Job Opportunities and 
Basic Skills Training (JOBS) Program. The purpose of the amendment is to allow 
an increase up to $65 in the limit for reimbursement of actual costs of one-
time, work-related expenses, effective January 1, 1992.
Burton F. Raiford, interim commissioner, has determined that for the first five-
year period the proposed section will be in effect there will be fiscal 
implications as 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 additional cost of $10,608 in fiscal year (FY) 1992; $17,296 in FY 
1993; $25,308 in FY 1994; $36,004 in FY 1995; and $38,237 in FY 1996. There will 
be no effect on local government as a result of enforcing or administering the 
section.
Mr. Raiford also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to enable more clients to accept employment due to reimbursement 
of specific employment-related expenses. There will be no effect on small 
businesses. There is no anticipated economic cost to persons who are required to 
comply with the proposed section.
Questions about the content of this proposal may be directed to Carol Barron at 
(512) 450-4242 in DHS's Client Self-support Services Program Policy Section. 
Comments on the proposal may be submitted to Nancy Murphy, Policy and Document 
Support-253, Texas Department of Human Services E-503, P.O. Box 149030, Austin, 
Texas 78714-9030, within 30 days of publication in the Texas Register.
The amendment is proposed under the Human Resources Code, Title 2, Chapter 22 
and 31, which authorizes the department to administer public and financial 
assistance programs.
sec.10.2304. Support Services for Participants in Job Opportunities and Basic 
Skills <nl>Training (JOBS) <nl>Program. Participants in JOBS are eligible for 
the following reimbursements if identified as needed in the participant's 
mutually agreed upon service plan.
(1) (No change.)
(2) Non-recurring work-related expense reimbursement -A participant may receive 
one reimbursement during a 12 consecutive calendar month period for one-time 
work-related expenses which would enable the client to accept a specific and 
verified job offer paying <nl>at lest the state<ol> [above] minimum wage. The 
Texas Department of Human Services (DHS) will reimburse up to an amount 
determined by the Texas Board off Human Services only when other funding sources 
for this expenditure are not available. <nl>Actual work-related expenses will be 
reviewed periodically and adjustment sin the reimbursement limit will be 
published in the <nl>Texas Register<ol> <nl>and will be available in local Texas 
Department of Human Services office.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on October 17, 1991.
TRD-9112991
Nancy Murphy
Agency liaison, Policy and Department Support
Texas Department of Human Services
Proposed date of adoption: January 1, 1992
For further information, please call: (512) 450-3765
       
40 TAC sec.10.2310
The Texas Department of Human Services (DHS) proposes new sec.10.2310, 
concerning payments for General Educational Development (GED) testing and Texas 
Certificates of High School Equivalency for Job Opportunities and Basic Skills 
Training (JOBS) program participants. The purpose of the new section is to 
establish a system to defray the costs of GED tests and certificates for JOBS 
participants who successfully complete GED preparation courses. As of January 1, 
1992, the maximum reimbursement will be $40 ($30 for the test and $10 for the 
certificate).
Burton F. Raiford, interim commissioner, has determined that for the first five-
year period the proposed section will be in effect there will be fiscal 
implications for state government as a result of enforcing or administering the 
section. The effect on state government for the first five-year period the 
section will be in effect is an estimated additional cost of $68,714 in fiscal 
year (FY) 1992; $144,643 in FY 1993; $178,336 in FY 1994; $257,611 in FY 1995; 
and $324,367 in FY 1996. There will be no effect on local government as a result 
of enforcing or administering the section.
Mr. Raiford 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 removal of a financial barrier for clients to obtain a Texas 
Certificate of High School Equivalency. 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.
Questions about the content of this proposal may be directed to Carol Barron at 
(512) 450-4242 in DHS's Client Self-support Services Program Policy Section. 
Comments on the proposal may be submitted to Nancy Murphy, Policy and Document 
Support-253, Texas Department of Human Services E-503, P.O. Box 149030, Austin, 
Texas 78714-9030, within 30 days of publication in the Texas Register.
The new section is proposed under the Human Resources Code, Title 2, Chapter 22, 
which authorizes the department to administer public assistance programs.
sec.10.2310. Payments for General Educational Development (GED) Testing and 
Texas Certificates of High School Equivalency for Job Opportunities and Basic 
Skills Training (JOBS) Program Participants.  Payments will be made available to 
defray the costs of JOBS participants for completing the GED testing series and 
for obtaining a Texas Certificate of High School Equivalency. The payments will 
be available on behalf of individuals who have successfully completed high 
school equivalency educational activities as determined by the educational 
provider and only when other funding resources are not available. The Texas 
Department of Human Services will provide for the costs of these expenses up to 
an amount determined by the Texas Board of Human Services. Actual expenses for 
testing and certificates will be reviewed periodically and adjustments in the 
reimbursement limit will be published in the Texas Register<ol> and will be 
available in local Texas Department of Human Services offices.
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 17, 1991.
TRD-9112990
Nancy Murphy
Agency liaison, Policy and Department Support
Texas Department of Human Services
Proposed date of adoption: January 1, 1992
For further information, please call: (512) 450-3765
       
Part VI. Texas Commission for the Deaf and Hearing Impaired
Chapter 181. General Rules of Practice and Procedures
Subchapter F. Fees
40 TAC sec.181.820, sec.181.830
The Commission for the Deaf and Hearing Impaired proposes amendments to 
sec.181.820 and sec.181.830, concerning interpreters for the deaf fee schedules.
Kenneth Boatwright, business manager, 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. Boatwright 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 more interpreters for the deaf will be available 
since the pay scale will be higher than in previous years. There will be no 
effect on small businesses. There is no anticipated economic cost to persons who 
are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Larry D. Evans, Texas Commission 
for the Deaf and Hearing Impaired, 1524 South IH-35, Suite 200, Austin, Texas 
78704.
The amendments are proposed under the Human Resources Code, Chapter 81, sec.81. 
006(a)6, which provides the Commission for the Deaf and Hearing Impaired with 
the authority to annually review the schedule of fees recommended by the 
commission for the payment of interpreters and, as a result of the findings, 
adopt by rule a schedule of reasonable fees to be paid to interpreters with 
varied levels of skill.
sec.181.820. Interpreter Fee Schedule for the Commission Contracts.
(a) Only those fees to <nl>certified<ol> interpreters paid through the 
commission contracts will be reimbursed. <nl>Rates will be paid as follows: 
hourly fee of $25 with administrative costs of collection inclusive in this 
fee.<ol> [Other entities may be asked to follow a different schedule through 
negotiation, subject to approval by the commission's executive director. 
Interpreter fees are as follows:]
[graphic]
[(b) A list and fees for noncertified interpreters will be deleted from the fee 
schedule in this section and these noncertified interpreters shall not be 
reimbursed by the commission as of September 1, 1988.]
<nl>(b)<ol>[(c)] An interpreter shall be guaranteed reimbursement for a minimum 
of two hours, with time calculated portal to portal.
sec.181.130. Recommended Fees Schedule for the Payment of Interpreters for the 
Deaf.
(a) Fees. Under the authority of the Texas Code of Criminal Procedure, Article 
38.31, and the Texas Human Resources Code, Chapter 81, sec.81. 0061, the 
commission has determined recommendations of fees for the payment of 
interpreters for the deaf required by law to be provided in proceedings of state 
agencies, courts, and political subdivisions. Regardless of certification level, 
the commission sets the following recommended fees.
(1) $25 for the first hour;
(2) [$20] <nl>and<ol> for each hour thereafter;
(3) administrative costs of collection that are inclusive in those fees.
(b)-(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 18, 1991.
TRD-9112893
Kenneth Boatwright
Business Manager
Texas Commission for the Deaf and Hearing Impaired
Earliest possible date of adoption: November 25, 1991
For further information, please call: (512) 444-3323