Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 22. EXAMINING BOARDS Part VI. State Board of Registration for Professional Engineers Chapter 131. Practice and Procedure Education 22 TAC sec.131.92 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.92, concerning foreign degrees, without changes to the proposed text as published in the September 20, 1991, issue of the Texas Register (16 TexReg 5174). The amendment was necessary to clarify the types of documentation required from applicants with foreign engineering degrees when submitting an application for registration as a professional engineer. The amendment specifies that the type of degree referred to in subsection (a) (2) must be in engineering, and subsection (b) stipulates that individuals must submit with their applications for registration certified or copies or documented proof of all engineering degrees awarded and a certified English translation if the documents are written in languages other than English. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 8, 1991. TRD-9114185 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: December 3, 1991 Proposal publication date: September 20, 1991 For further information, please call: (512) 440-7723 Registration 22 TAC sec.131.134 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.134, concerning expirations and renewals, without changes to the proposed text as published in the September 20, 1991, issue of the Texas Register (16 TexReg 5175). The amendment was necessary to provide the board with the authority to establish reduced renewal fees and late penalty fees effective for fiscal year 1992 in accordance with the provisions of Texas Civil Statutes, Article 3271a, sec.13 and sec.16. The amendment allows the board to consider reduced renewal fees for registered engineers who are at least 65 years of age and to set the penalty fees for late renewals effective for fiscal year 1992. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 8, 1991. TRD-9114186 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: December 3, 1991 Proposal publication date: September 20, 1991 For further information, please call: (512) 440-7723 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter O. State Sales and Use Tax 34 TAC sec.3.293 The Comptroller of Public Accounts adopts an amendment to sec.3.293, concerning food; food products; meals; food service, without changes to the proposed text as published in the July 26, 1991, issue of the Texas Register (16 TexReg 4066). The amendment emphasizes that bridal consultants, as well as wedding consultants, may be food service operators required to pay tax on the purchase or rental of tangible personal property used to provide food service. No comments were received regarding adoption of the amendment. The amendment is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 8, 1991. TRD-9114079 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: November 29, 1991 Proposal publication date: July 26, 1991 For further information, please call: (512) 463-4028 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 3. Income Assistance Services Subchapter KK. Support Documents 40 TAC sec.3.3702 The Texas Department of Human Services (DHS) adopts an amendment to sec.3. 3702, concerning the annual revision to the food stamp allotment tables. DHS is adopting the amendment as a result of federal requirements that mandate states to implement the increased maximum gross and net income limits, the food stamp allotment amounts, the standard deduction, and the maximum excess shelter deductions. Section 3.3702 is amended to cite the United States Department of Agriculture regulations that mandate annual adjustments to the income limits, allotments, and deductions used to determine eligibility for and determine the amount of benefits persons receive under the Food Stamp Program. These adjustments are made each October 1 to reflect changes in the cost of living. The section as amended will function by ensuring that DHS is in compliance with federal requirements that specify annual cost-of-living adjustments to the Food Stamp Program. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. The amendment is adopted under federal mandate to be effective October 1, 1991. sec.3.3702. Food Stamp Basis of Issuance Tables. The Texas Department of Human Services amends the basis of issuance tables, standard deduction, and allotments levels on an annual basis each October 1, as required by 7 Code of Federal Regulations, sec.sec.273.9(a), 273.9(d)(9)(1), and 273.10(e) (4). This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 12, 1991. TRD-9114196 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1991 For further information, please call: (512) 450-3765 Chapter 4. Medicaid Programs-Children and Pregnant Women Eligibility Requirements 40 TAC sec.sec.4.1004, 4.1006, 4. 1010 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.4. 1004, 4.1006, and 4.1010 concerning eligibility requirements without changes to the proposed text as published in the October 11, 1991, issue of the Texas Register (16 TexReg 5727). The amendments eliminate the assets test currently used to determine Medicaid Program benefits for pregnant women whose income is below 133% of the federal poverty income limit (FPIL). The amendments will function by streamlining and simplifying the eligibility determination process which will result in more needy pregnant women receiving Medicaid benefits. No comments were received regarding adoption of the amendments. The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 12, 1991. TRD-9114197 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: December 3, 1991 Proposal publication date: October 11, 1991 For further information, please call: (512) 450-3765 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's note: As required by the Insurance Code, Article 5.96 and Article 5.97, the Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 333 Guadalupe, Austin.) The State Board of Insurance has approved the adoption of various endorsements presented at a board meeting held on October 31, 1991, which amends payment of claims by allowing additional time periods for claims settlements in the event of a catastrophe or major natural disaster, as defined by the State Board of Insurance. These changes are necessary to implement the provisions of House Bill #62, as enacted by the Second Called Special Session of the 72nd Texas Legislature. The following new endorsement have been adopted to incorporate the new provision for claims payments in the event of a catastrophe or natural disaster: Texas Standard Policy-Endorsement 29C, Extension of Claims Processing Deadline After a Catastrophe-Mandatory; Texas Homeowners Policy-Endorsement HO-185, Extension of Claims Processing Deadline After a Catastrophe-Mandatory; Texas Standard Farm and Ranch Owners Policy-Endorsement FRO-485, Extension of Claims Processing Deadline After a Catastrophe-Mandatory; These new endorsements provide that each claim handling period set forth under provisions of the policy relating to prompt payment of claims is extended 15 additional days in the event of a catastrophe or major natural disaster, as defined by the State Board of Insurance. The endorsements further provide catastrophe or major natural disaster to mean a weather related event which is declared a disaster under the Texas Disaster Act of 1975 or is determined to be a catastrophe by the State Board of Insurance. These changes are effective 15 days after publication in the Texas Register. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on November 13, 1991. TRD-9114222 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: December 4, 1991 For further information, please call: (512) 463-6328 The State Board of Insurance in open meetings on October 24 and 31, 1991, adopted an amendment to Rule IX of the Texas Basic Manual of Rules, Classifications and Rates for Workers' Compensation and Employers' Liability pertaining to employee leasing firms by adding Section E entitled "Employee Leasing Arrangements" and by amending the Texas Amendatory Endorsement. Rule IX Section E defines several terms including a temporary help service and specifically states that a leased worker does not include a worker employed by a temporary help service. The rule further includes a provision that a standard workers' compensation policy purchased by a client company provides workers' compensation coverage for all workers of the client company, including its leased workers. The rule also includes a provision that a standard workers' compensation policy purchased by an employee leasing firm provides workers' compensation coverage only for workers that are not leased to a client company. The rule states that an employee leasing firm shall not be considered an employer for purposes of the Alternate Employer Endorsement, if that endorsement is part of the client company's workers' compensation policy. The Texas Amendatory Endorsement is amended in the provision "Who is insured" to state that an employee leasing firm is insured only for workers that are not leased to a client company. In addition, the same definitions in Rule IX E are also included in the Texas Amendatory Endorsement. The amended rule and endorsement are applicable to new workers' compensation policies written with an effective date on and after 12:01 a.m. December 1, 1991 and applicable to all workers' compensation policies effective February 1, 1992. The board adopted the amended rule and endorsement under the authority and jurisdiction of the Insurance Code, Articles 5.55-5.68-1, 5.76-2, 5.77, 5.78, and 5.96. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on November 13, 1991. TRD-9114223 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: December 1, 1991 For further information, please call: (512) 463-6328