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 16. ECONOMIC REGULATION
Part IV. Texas Department of Licensing and Regulation
Chapter 60. Texas Commission of Licensing and Regulation
Subchapter B. Organization of the Commission of Licensing and Regulation
16 TAC sec.60.25
The Texas Commission of Licensing and Regulation proposes an amendment to 
sec.60.25, concerning general powers and duties of the commission. This change 
is to conform to the change of elimination of architectural barriers to Texas 
Civil Statutes, Article 9102.
Elvis G. Schulze, general counsel, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section.
Mr. Schulze also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that the barriers will be eliminated to give the citizens with 
disabilities easier access to facilities. 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 Elvis G. Schulze, General Counsel, 
Texas Department of Licensing and Regulation, 920 Colorado, P.O. Box 12157, 
Austin, Texas 78711, (512) 463-3127.
The amendment is proposed under Texas Civil Statutes, Article 9100, sec.12, 
which provide the commission with the authority to adopt rules as necessary for 
its own procedures.
sec.60.25. General Powers and Duties of the Commission.
(a)-(g) (No change.)
(h) Citizens who do not speak English or who have a physical, mental, or 
developmental disability will be provided reasonable access to the commission 
itself and to the commission's programs in that:
(1) all commission and departmental facilities are in compliance with Texas 
Civil Statutes, Article <nl>9102 <ol> [601b, sec.7], concerning architectural 
barriers and the policy of the State of Texas to encourage and promote the 
rehabilitation of handicapped or disabled citizens;
(2)-(5) (No change.)
(i)-(j) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 14, 1991.
TRD-9114280
Larry E. Kosta
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: December 23, 1991
For further information, please call: (512) 463-3127
       
Subchapter C. Fees
16 TAC sec.sec.60.64-60.66, 60.68-60.70
The Texas Department of Licensing and Regulation proposes new sec.sec.60.64, 60. 
66, and 60.68; and amendments to  ssec.60.65, 60.69, and 69.70, concerning the 
general powers and duties of commission to adopt rules. Section 60.64 concerns 
employers of certain temporary common workers, sec.60.66 concerns property of 
tax consultants; sec.60.68 concerns elimination of architectural barriers. Each 
statute has rules published under its separate chapter number.
Elvis G. Schulze, general counsel, 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. Schulze 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 consumer protection from unregistered or unlicensed 
entities as each statute has rules published under its separate chapter number. 
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 Elvis G. Schulze, General Counsel, 
920 Colorado, P.O. Box 12157, Austin, Texas 78711, (512) 463-3127.
The new sections and amendments are proposed under Texas Civil Statutes, Article 
9100, which provide the commission of the Texas Department of Regulation with 
the authority to set fees to cover the cost of administering programs regulated 
by the department.
sec.60.64. Employers of Certain Temporary Common Workers.
(a)  Original license. The fee for an original license is $300.
(b) Fee. The fee is not refundable.
sec.60.65. Boiler Division Fees.
(a) Certificate/inspection fees.
(1)-(2) (No change.)
(b) Special inspections. The fee for a special inspection is <nl>$650<ol> [$250 
for four hours or less and $400 for greater than four hours and including eight 
hours]. In addition to the fees stated in this section, travel and per diem in 
accordance with the current rate as established in the current Appropriations 
Act shall be paid. A prepayment of $600 shall be received by the department at 
least five working days before the department can initiate the requested special 
inspection. If the total billing from the department is less than $600, an 
invoice for the unpaid balance will be submitted for payment. Prepayment shall 
be made by certified check or money order made payable to the State of Texas 
Department of Licensing and Regulation, Boiler Section.
(c)-(e) (No change.)
sec.60.66. Property Tax Consultants.
(a) Original license. The fee for an original license to perform property tax 
consulting services is $125.
(b) Examination fee. The fee for an examination is $50.
sec.60.68. Elimination of Architectural Barriers.
(a) Plan reviews.
(1) Based on an estimated project cost of $0-$200,000 a fee of $135 shall be 
paid.
(2) Based on an estimated project cost of $200, 001-$500,000 a fee of $185 shall 
be paid.
(3) Based on an estimated project cost of $500,001-$1 million a fee of $235 
shall be paid.
(4)  Based on an estimated project cost of $1,000,001-$5 million a fee of $285 
shall be paid.
(5) Based on an estimated project cost of $5,000,001-$10 million a fee of $385 
shall be paid.
(6) Based on an estimated project cost of $10,000,001-$15 million a fee of $485 
shall be paid.
(7) Based on an estimated project cost of $15,000,001-$25 million a fee of $635 
shall be paid.
(8) Based on an estimated project cost of $25,000,001-$50 million a fee of $785 
shall be paid.
(9) Based on an estimated project cost of $50,000,001-$75 million a fee of $985 
shall be paid.
(10) Based on an estimated project cost of greater than $75 million the fee will 
be negotiated.
(11) On state leased buildings a fee of $135 shall be paid.
(b)  Preliminary plan reviews. The fee for a preliminary plan review is $50.
(c) Inspections.
(1) Based on an estimated project cost of $0-$200,000 a fee of $65 shall be 
paid.
(2) Based on an estimated project cost of $200,001-$500,000 a fee of $90 shall 
be paid.
(3) Based on an estimated project cost of $500,001-$1 million a fee of $115 
shall be paid.
(4) Based on an estimated project cost of $1,000,001-$5 million a fee of $140 
shall be paid.
(5) Based on an estimated project cost of $5,000, 001-$10 million a fee of $215 
shall be paid.
(6) Based on an estimated project cost of $10,000,001-$15 million a fee of $290 
shall be paid.
(7)  Based on an estimated project cost of $15,000,001-$25 million a fee of $440 
shall be paid.
(8) Based on an estimated project cost of $25,000, 001-$50 million a fee of $665 
shall be paid.
(9) Based on an estimated project cost of $50,000,001-$75 million a fee of $890 
shall be paid.
(10)  Based on an estimated project cost of greater than $75 million the fee 
will be negotiated.
(11) On state leased buildings a fee of $65 shall be paid.
(d) Special inspections. The fee for a special inspection is $65 an hour.
(e) Project related meetings. The fee for project related meetings is $50 an 
hour.
(f) Variance applications. The fee for each variance application is $50.
sec.60.69. Manufactured Housing Division Fees.
(a) There shall be a fee of <nl>$20<ol> [$12.50] for the inspection of each HUD-
Code manufactured floor manufactured or assembled within the State of Texas.
(b)  There shall be a fee of <nl>$35<ol> [$20] for the inspection of the 
installation of mobile homes and HUD-code manufactured homes which shall be paid 
by the installer. <nl>There shall be a fee of $150 for the inspection of 
manufactured home permanent foundation installations.
(c) There shall be a fee of <nl>$24  <ol>[$16] to be paid by each manufacturer 
in this state for each HUD-code manufactured home produced.
(d) (No change.)
(e)  There shall be a fee of <nl>$50<ol> [$40] per hour for engineering services 
paid by the manufacturer. The manufacturer shall also be charged for 
reimbursement of mileage and per diem incurred by department personnel to and 
from the location of the manufacturer when such travel is incidental to the 
engineering services performed.
(f) There shall be a fee of <nl>$40<ol> [$30] per hour, not to exceed 
<nl>$320<ol> [$240] per day, for conducting initial 100% inspections at 
manufacturer location. The manufacturer shall also be charged for mileage and 
per diem incurred by department personnel to and from the location of the 
manufacturer.
(g) There shall be a fee of <nl>$40<ol> [$30] per man hour not to exceed 
<nl>$320<ol> [$240] per man day for increased frequency inspection. The 
manufacturer shall also be charged for reimbursement of mileage and per diem 
incurred by department personnel to and from the location of the manufacturer.
(h) There shall be a fee of <nl>$20<ol> [$15] for the issuance of Texas seals.
(i) There shall be an annual fee for a manufactured housing manufacturer's 
certificate of registration of <nl>$900 <ol> [$375] for each plant location; for 
a manufactured housing retailer's certificate of registration of <nl>$375 <ol> 
[$225] for each retailer location; for a manufactured housing rebuilder's 
certificate of registration of <nl>$375 <ol> [$225] for each rebuilder location; 
for a manufactured housing broker's certificate of registration of <nl>$175 <ol> 
[$125] for each brokerage location; for a manufactured housing installer's 
certificate of registration of <nl>$175 <ol> [$125] for each installer's 
location; and for a manufactured housing salesperson's certificate of 
registration of <nl>$85 <ol> [$50].
(j) There shall be a fee of <nl>$70<ol> [$40] for the issuance of a homeowner's 
temporary installer's registration, which shall also include the cost of the 
installation inspection.
(k) There shall be a fee of <nl>$150<ol> [$125] for the plan review and 
inspection of a salvaged manufactured home which has been rebuilt, to determine 
if the home is habitable before the issuance of a new title. The rebuilder shall 
also be charged for mileage and per diem incurred by department personnel 
traveling to and from the location of the rebuilder.
(l) There shall be a fee of <nl>$40<ol> [$30] per hour or a minimum fee of 
<nl>$40 <ol> [$30] for the inspection of alterations made upon the structure, 
plumbing, heating, or electrical systems of mobile homes and HUD-code 
manufactured homes. The person shall also be charged for reimbursement of 
mileage and per diem incurred by department personnel to and from the place of 
inspection.
(m) (No change.)
(n) There shall be a fee of <nl>$125<ol> [$100] for the inspection of a 
manufactured home which is to be titled for the use as a residence after 
previously being used for business purposes and for which a title has been 
surrendered. The person requesting the inspection for the use change of a 
manufactured home shall be charged for mileage and per diem incurred by 
department personnel traveling to and from the location of the manufactured 
home.
(o) There shall be a fee of <nl>$150<ol> [$100] for the inspection of a 
consumer's home in accordance with a consumer complaint when requested by a 
manufacturer or retailer. The fee shall accompany a written request for the 
inspection.
(p)  Title transaction fees are as set out in paragraphs (1)-(4) of this 
subsection.
(1) There shall be a fee of <nl>$40<ol> [$35] for each title transaction.
(2) There shall be a transaction fee of <nl>$70 <ol> [$35] for the issuance of a 
quick title in addition to the <nl>$40 <ol> [$35] for each title transaction.
(3) The <nl>$40<ol> [$35] fee for all title transactions is payable for any 
subsequent issuance or reissuance of a manufactured home document of title 
except for the issuance of a corrected document of title in those instances 
where an error was made by the department in the document of title.
(4) There shall be a fee of <nl>$15<ol> [$10] for any title search.
sec.60.70. Industrialized Housing and Buildings Division Fees.
(a)  The manufacturer's registration is <nl>$1,250 <ol> [$1,000] annually.
(b) The industrialized builder's registration fee is <nl>$625<ol> [$500] 
annually.
(c) The design review agency's registration fee is  <nl>$500<ol> [$200] 
annually.
(d) The third party inspection agency registration fee is <nl>$250<ol> [$100] 
per firm and <nl>$200<ol> [$100] per inspector, annually.
(e) (No change.)
(f) The fee for department personnel for in-plant inspections at a manufacturing 
facility shall be <nl>$40<ol> [$30] per inspector-hour and <nl>$50<ol> [$40] per 
engineer hour for all inspections, including plant certification inspections, 
varying interval inspections to monitor the manufacturer's compliance control 
program, and for increased frequency inspections. The inspector will give a 
statement to the manufacturer, and it must be paid to the inspector by either a 
company check, cashier's check, or money order at the completion of the 
inspection.
(g)  When the department acts as a design review agency, the fee for such 
services is <nl>$55<ol> [$40] per engineer-hour. The fee shall be paid by the 
manufacturer for whom the services are offered prior to the approval of the 
designs, plans, specifications, compliance control, and installation manuals and 
the release of the documents to the manufacturer.
(h) The fees for the issuance of decals and insignia are as follows:
(1) modules: <nl>$0. 080<ol> [$0.065] per square foot of floor area, with a 
minimum of <nl>$35<ol> [$20] for each decal; or
(2) (No change.)
(i) The fee for department personnel for on-site inspections is as follows and 
shall be submitted with the on-site inspection request by either a company check 
reflecting the name of the industrialized builder, cashier's check, or money 
order:
(1)-(3) (No change.)
(4) <nl>$80<ol> [$60] for each reinspection not to exceed two inspector hours 
and <nl>$40<ol> [$30] for each additional inspector hour in excess of two hours. 
Reinspection fees will be paid to the inspector by either a company check 
reflecting the name of the industrialized builder, cashier's check, or a money 
order at the completion of the inspection.
(j) The fee for department monitoring of design review agencies and third party 
inspection agencies outside headquarters shall be <nl>$100<ol> [$25] per 
inspector-hour and  <nl>$110<ol> [$35] per engineer hour; the department will 
present the agency a statement at the conclusion of the monitoring trip, and it 
is payable upon receipt.
(k) The fee for department personnel for inspection of approved alterations to 
industrialized housing and buildings and for special inspections shall be 
<nl>$40<ol> [$30] per inspector-hour and <nl>$50<ol> [$40] per engineer-hour. 
The department will present a billing statement at the conclusion of the 
inspection that is payable upon receipt.
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 November 12, 1991.
TRD-9114244
Larry E. Kosta
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: December 23, 1991
For further information, please call: (512) 463-3127
       
TITLE 25. HEALTH SERVICES
Part I. Texas Department of Health
Chapter 123. Respiratory Care Practitioner Certification
25 TAC sec.sec.123.2-123.7, 123.9-123.11, 123.13-123.14
The Texas Department of Health (department) proposes amendments to 
sec.sec.123.2-123.7, 123.9-123.11, and 123.13-123.14, concerning respiratory 
care practitioner certification. The amendments will clarify existing sections 
and implement the provisions of Chapter 292, Acts of the 72nd Legislature, 
Regular Session, 1991 (House Bill 541) which amended Texas Civil Statutes, 
Article 4512l, relating to the certification and regulation of respiratory care 
practitioners. The amendments will: modify the definition of "respiratory care 
education" to include education programs seeking accreditation through an 
American Medical Association approved program (Joint Review Committee for 
Respiratory Therapy Education); require the advisory board to meet at least once 
per year rather than once per calendar quarter; remove the 60 and 120 day 
reinstatement periods; establish one reinstatement fee rather than two; allow 
the department to issue temporary permits to graduates of education programs as 
well as to students who are about to graduate; allow students to continue 
working after they have completed the clinical portion of the education program; 
establish procedures to follow for practitioners who do not obtain continuing 
education; modify the provision concerning disapproval of an application by a 
person who holds a license, certification, or registration in another state; add 
a provision on denying the renewal of a certificate or permit if the renewal 
involves a student loan default; expand the provisions concerning reinstatement 
of a certificate; establish procedures for practitioners who do not renew due to 
active military duty; and make additional editorial changes throughout the 
sections to remove unnecessary language and to clarify existing language.
Stephen Seale, Chief Accountant III, Budget Division, has determined that for 
the first five-year period these sections will be in effect, there will be 
fiscal implications to state government as a result of enforcing or 
administering the amendments as proposed. The effect on state government will be 
an estimated increase in revenue of $600 for each year of fiscal years 1992-
1996, and additional costs will be minimal. There will be no cost to local 
government.
Mr. Seale also has determined that for each year of the first five years the 
sections will be in effect the public benefit will be assurance of a minimum 
level of training and qualifications for person training to be respiratory care 
practitioners. There will be no effect on small businesses. There will be a 
minimal impact on local employment in that it will be easier for hospitals and 
other health care organizations to employ out of state individuals.
Comments on the proposal may be submitted to Kathy Craft, Program Administrator, 
Respiratory Care Practitioner Certification Program, 1100 West 49th Street, 
Austin, Texas 78756-3183, (512) 459-2975. Comments will be accepted for 30 days 
after the proposal has been published in the Texas Register.
The amendments are proposed under Texas Civil Statutes, Article 4512l, sec.3, 
which provides the Texas Board of Health the authority to adopt rules concerning 
the the certification and regulations of respiratory care practitioners; and 
Health and Safety Code, sec.12.001, which provides the Board of Health with the 
authority to adopt rules to implement every duty imposed by law on the board, 
the department, and the commissioner of health. Generally the amendments will 
affect Article 4512l.
sec.123.2. Definitions.  The following words and terms when used in these 
sections, shall have the following meanings, unless the context clearly 
indicates otherwise.
 Respiratory care <nl>education<ol> [educational] program-
<nl>(A)  an  <nl>American Medical Association (<ol>AMA<nl>)<ol> approved program 
in respiratory care <nl>; or
<nl>(B) a program approved by an appropriate education agency and working toward 
becoming an AMA approved program in respiratory care. A program will qualify as 
a respiratory care education program under this subparagraph only for a period 
of one year from the date of the first class offered by the program. After that 
one year, the program must be an AMA approved program in respiratory care<ol>.
 Respiratory care procedure-Respiratory care provided by the therapeutic and 
diagnostic use of medical gases, humidifiers, and aerosols, the administration 
of drugs and medications to the cardiorespiratory system, ventilatory assistance 
and ventilatory control, postural drainage, chest drainage, chest percussion or 
vibration, breathing exercises, respiratory rehabilitation, cardiopulmonary 
resuscitation, maintenance of natural airways, and the insertion and maintenance 
of artificial airways. The term includes a technique employed to assist in 
diagnosis, monitoring, treatment, and research, including the measurement of 
ventilatory volumes, pressures and flows, the specimen collection of blood and 
other materials, pulmonary function testing, and hemodynamic and other related 
physiological forms of monitoring <nl>or treating, as ordered by the patient's 
physician,<ol> the cardiorespiratory system.
sec.123.3. The Advisory Board's Operation.
(a) (No change.)
(b) Officers.
(1) <nl>Chair<ol> [Chairperson]. The <nl>chair<ol> [chairperson] shall preside 
at all advisory board meetings at which he or she is in attendance and perform 
all duties prescribed by these sections.
(2) <nl>Vice-chair<ol> [Vice-chairperson].
(A) The <nl>vice-chair<ol> [vice-chairperson] shall perform the duties of the 
<nl>chair<ol> [chairperson] in case of the absence or disability of the 
<nl>chair<ol> [chairperson].
(B) In case the office of <nl>chair<ol> [chairperson] becomes vacant, the 
<nl>vice-chair<ol> [vice-chairperson] will serve until a successor is elected.
(c) Elections.
(1) At the meeting held nearest to August 31 of each odd-numbered year, the 
advisory board shall elect by a majority vote of those members present and 
voting, a <nl>chair <ol> [chairperson] and a <nl>vice-chair<ol> [vice-
chairperson].
(2) A vacancy which occurs in the offices of <nl>chair or vice-chair<ol> 
[chairperson and/or vice-chairperson] may be filled by a majority vote of those 
members present and voting at the next advisory board meeting.
(d) Committees.
(1) The advisory board or the <nl>chair <ol> [chairperson], with the approval of 
the advisory board, may establish committees deemed necessary to assist the 
advisory board in carrying out its duties and responsibilities.
(2) The <nl>chair<ol> [chairperson] of the advisory board may appoint the 
members of the advisory board to serve on committees and may designate the 
committee <nl>chair<ol> [chairperson].
(3) Committee <nl>chairs<ol> [chairpersons] shall make regular reports to the 
advisory board in interim written reports and/or at regular meetings, as needed.
(4)  (No change.)
(5) Committees shall meet when called by the <nl>chair <ol> [chairperson] of the 
committee or when so directed by the advisory board.
(e) Meetings.
(1) The advisory board shall hold at least one meeting each <nl>year<ol> 
[calendar quarter] and additional meetings as necessary to transact its business 
at such designated date, place, and time as may be determined by the 
<nl>chair<ol> [chairperson], with the concurrence of the department.
(2) (No change.)
(f) Quorum. A quorum of the advisory board necessary to transact official 
business is <nl>five<ol> [a majority of the members appointed at the time].
(g)  (No change.)
(h) Agendas.
(1) The administrator shall prepare and submit to each member of the advisory 
board, at least five days prior to each meeting, an agenda, approved by the 
<nl>chair<ol> [chairperson], which includes items requested by members; items 
requested by the board, the department, or the administrator; items required by 
law; old business; and other matters of advisory board business.
(2) (No change.)
(i)  Minutes.
(1) (No change.)
(2) After approval by the advisory board, the minutes are official only when 
affixed with the original signatures of the advisory board <nl>chair<ol> 
[chairperson] and the administrator.
(3) (No change.)
(j)-(l) (No change.)
sec.123.4. Fees. The following fees are prescribed by the board and are required 
to be paid to the department before any certificate or permit is issued. All 
fees shall be submitted in the form of a check <nl>or <ol> [and/or] money order 
and are non-refundable. The department may direct examination applicants to 
submit examination fees to the National Board for Respiratory Care, Inc. (NBRC).
(1) Schedule of fees for certification as a respiratory care practitioner:
(A)-(C) (No change.)
(D)  <nl>reinstatement<ol> [60-day reinstatement] fee-$30 [(plus all unpaid 
renewal fees when the certificate is renewed within 60 days of expiration)];
[(E) 120-day reinstatement fee-$45 (plus all unpaid renewal fees when the 
certificate is renewed within 120 days of expiration);]
<nl>(E) <ol>[(F)] [Inactive to active status] <nl>reactivation <ol> 
reinstatement fee-$15;
<nl>(F)<ol>[(G)] certificate and/or identification card replacement fee-$10; and
<nl>(G)<ol>[(H)] NBRC examination fee-the fee designated by the NBRC at the time 
of examination or reexamination.
(2) -(8) (No change.)
sec.123.5. Exceptions to Certification.
(a)-(b) (No change.)
(c) These sections do not prohibit:
(1) the practice of respiratory care that is an integral part of the program of 
study by a student enrolled in a respiratory care education program approved by 
the <nl>department;
<nl>(2) [board or] the employment by a health care facility of a  <nl>person<ol> 
[student enrolled in the clinical part of an approved respiratory care 
educational program] to deliver limited respiratory care support services under 
the supervision of <nl>an individual<ol> [persons] who <nl>holds a certificate 
<ol>[hold certificates] issued under this Act, if such a <nl>person<ol> 
[student] does not perform an invasive procedure related to critical respiratory 
care, including therapeutic, diagnostic, or palliative procedures <nl>as part of 
the person's employment and if the person:
<nl>(A) is enrolled for credit in the clinical portion of an approved 
respiratory care education program; or
<nl>(B) has completed all of the clinical portion of an approved respiratory 
care education program within the preceding 12 months and is actively pursuing a 
course of study leading to graduation from the program<ol>;
<nl>(3)<ol>[(2)] the gratuitous care of the ill by a friend or member of the 
family[,] or care provided in an emergency situation by a person who does not 
claim to be a respiratory care practitioner who holds a <nl>temporary<ol> permit 
or certificate issued under the provisions of the Act;
<nl>(4)<ol>[(3)] a respiratory care practitioner from performing advances in the 
art and techniques of respiratory care, as defined in the Act and in sec.123.2 
of this title (relating to Definitions), learned through formal or specialized 
training;
<nl>(5) <ol>[(4)] the practice of respiratory care by health care personnel who 
have been formally trained in the care used and who are<nl>:
<nl>(A)  licensed under the practice acts regulating their professions<nl>; 
<ol>or
<nl>(B) [who are] acting under the delegated authority of a physician licensed 
by the BME;
<nl>(6)<ol>[(5)] the practice of any legally qualified respiratory care 
practitioner employed by the United States government while in the discharge of 
official duties; or
<nl>(7)<ol>[(6)]  any person who is licensed, registered, or certified under 
another law of this state from engaging in the profession or occupation for 
which the person is licensed, registered, or certified.
(d) Student status is further clarified as follows.
(1) Students who are not <nl>enrolled<ol> [engaged] in the clinical portion 
<nl>or have not completed the clinical portion <ol> of their respiratory care 
<nl>education<ol> [educational] program <nl>within the preceding 12 months <ol> 
may not be employed [for compensation] by a health care facility to provide 
limited respiratory care services unless they hold a temporary permit.
(2) (No change.)
(3) A clinical student who is employed [for compensation] by any health care 
facility, agency, or organization to provide limited respiratory care services 
should provide his or her employer, on an annual basis, verification that he or 
she is a bona fide student in an AMA-accredited respiratory care education 
program. Acceptable verification shall be a letter on program letterhead with 
the original signature of the program director attesting to the student`s bona 
fide status as an active student in the clinical portion of that program <nl>or 
that the student has completed the clinical portion of the course within the 
preceding 12 months and is actively pursuing a course of study leading to 
graduation from the program<ol>.
(4)-(5) (No change.)
(e) (No change.)
sec.123.6. Application Requirements and Procedures.
(a)-(c) (No change.)
(d) [Reciprocity] Information/Documentation Form. Persons applying for any 
certificate or permit who are licensed, registered, or otherwise regulated in 
any profession at the time of application to the department must submit with 
their applications a properly completed [reciprocity] information/documentation 
form signed by an agency official. The signature must be notarized if the agency 
does not have or does not affix its official seal on the form.
(e)-(f) (No change.)
(g) Disapproved applications.
(1) The department shall disapprove the application if the person:
(A)-(F) (No change.)
(G) <nl>holds a license, certification, or registration to practice respiratory 
care in another state or jurisdiction and that license, certification, or 
registration has been suspended, revoked, or otherwise restricted by the 
licensing entity in that state or jurisdiction for reasons relating to the 
person's professional competence or conduct which could adversely affect the 
health and welfare of a patient<ol> [is under restriction in another state, 
country, or territory];
(H)-(I) (No change.)
(2)  If after review the administrator determines that the application should 
not be approved, the administrator shall ask the advisory board to review the 
application. The advisory board shall take either one of the following actions.
(A) If the advisory board concurs that the application should not be approved, 
the advisory board shall instruct the administrator to give the applicant 
written notice of the reason for the proposed decision and of the opportunity 
for a formal hearing. The formal hearing shall be conducted according to the 
department's formal hearing procedures in Chapter 1 of this title (relating to 
Texas Board of Health). Within 10 days after receipt of the written notice, the 
applicant shall give written notice to the administrator that the applicant 
either waives the hearing, or wants the hearing. <nl>Receipt of the written 
notice is deemed to occur on the tenth day after the notice is mailed unless 
another date of receipt is reflected on a U.S. Postal Service return 
receipt.<ol> If the applicant fails to respond within 10 days after receipt of 
the notice of opportunity, or if the applicant notifies the administrator that 
the hearing be waived, the applicant is deemed to have waived the hearing. If 
the hearing has been waived, the department shall disapprove the application.
(B) (No change.)
(3) An applicant whose application has been disapproved under paragraph (1)(E) 
and (F) of this subsection shall be permitted to reapply after a period of not 
less than one year from the date of the disapproval and shall submit with the 
reapplication, proof satisfactory to the department, of compliance with all 
rules of the board and the provisions of the Act in effect at the time of 
reapplication. <nl>The date of disapproval is the effective date of a 
disapproval order signed by the Commissioner of Health.
sec.123.7. Types of Certificates and Temporary Permits and Applicant 
Eligibility.
(a)-(c) (No change.)
(d) Applicant eligibility.
(1) Temporary permit. The department shall issue a temporary permit to practice 
respiratory care to:
(A) an applicant who<nl>:
<nl>(i)  has applied on the forms prescribed by the department<nl>; <ol>[,]
<nl>(ii) [who] has paid the prescribed application fee<nl>;<ol>[,]
<nl>(iii) [who] will complete a respiratory care <nl>education<ol> [educational] 
program within 30 days <nl>after<ol> [of] the date of issuance of the permit 
<nl>or is a graduate of a respiratory care education program approved by the 
department;<ol>[,] and
<nl>(iv)  [who] meets all qualifications for a certificate except taking the 
written examination prescribed by the department for certification. An applicant 
may file an application if he or she is within 45 days prior to graduation. A 
temporary permit is valid for six months from date of issuance by the 
department. After the applicant passes the examination, as set out in sec.123.8 
of this title (relating to Examination), and pays the prescribed fee, a regular 
certificate shall be issued and the temporary permit shall become null and void;
(B)-(C) (No change.)
(2)-(3) (No change.)
sec.123.9. Certificate Renewal.
(a) (No change.)
(b)  General.
(1)-(3) (No change.)
(4) Each practitioner shall be responsible for renewing the certificate<nl> on 
or<ol> before the expiration date and shall not be excused from paying 
reinstatement fees. Failure to receive notification from the department prior to 
the expiration date will not excuse failure to file for renewal or 
<nl>reinstatement<ol> [late renewal].
(5) The department may not renew the certificate  <nl>or permit<ol> of the 
practitioner who is in violation of the Act or board rules at the time of 
application for renewal.
<nl>(6) The department shall deny renewal of a certificate or permit if renewal 
is prohibited by the Education Code, sec.57. 491 concerning guaranteed student 
loan defaults.
(c) (No change.)
(d) Certificate renewal.
(1) At least 30 days prior to the expiration date of a person's certificate, the 
department shall send notice to the practitioner[, at the address in the 
department's records,] of the expiration date of the p73 certificate, the amount 
of the renewal fee due and a renewal form which the practitioner must complete 
and return to the department with the required renewal fee.
(2) (No change.)
(3) A practitioner has renewed the certificate when the department has received 
the <nl>completed<ol> renewal form, continuing education report forms required 
as set out in sec.123.10 of this title (relating to Continuing Education 
Requirements), and the required renewal fee <nl>on or<ol> [to the department] 
prior to the expiration date of the certificate. The postmark date shall be 
considered as the date of mailing.
(4) (No change.)
(e)  Reinstatement <nl>or reapplication <ol>.
(1) A person whose certificate has expired [for not more than 60 days] may 
reinstate the certificate by submitting to the department the renewal form, 
continuing education report forms <nl>documenting the continuing education 
completed since the expiration date<ol> [required], the required renewal fee, 
and the [60-day] reinstatement fee. [The reinstatement is effective if it is 
mailed to the department not more than 60 days after the expiration date of the 
certificate. The postmark date shall be considered as the date of mailing.]
<nl>(A)  If reinstatement is requested during the first renewal year after 
expiration, six hours of continuing education completed since the expiration 
date must be documented.
<nl>(B) If reinstatement is requested on the first renewal date or during the 
second year after expiration, 12 hours of continuing education completed since 
the expiration date must be documented.
<nl>(C)  If reinstatement is requested on the second renewal date after 
expiration, 18 hours of continuing education completed since the expiration date 
must be documented.
<nl>(D) If the person received a 90-day extension of the person's certificate 
pursuant to sec.123.10(i) of this title (relating to Continuing Education 
Requirements), the expiration date under subparagraphs (A) -(C) of this 
paragraph is the expiration date of the person's last annual certificate.
<nl>(E) Once the certificate is reinstated, the next continuing education 
reporting period starts on the date the certificate is reinstated and continues 
until the next renewal date.
(2) The department[, by certified mail,] shall inform a person who has not 
<nl>renewed<ol> [reinstated] a certificate <nl>prior to the expiration date <ol> 
[after a period of more than 60 days after the expiration of the certificate] of 
the amount of the fee required for reinstatement<nl>, the continuing education 
required for reinstatement, <ol> and the date the certificate expired.
[(3) A person whose certificate has been expired for at least 60 days but not 
more than 120 days after expiration, may reinstate the certificate by remitting 
the regular renewal fee and the 120-day reinstatement fee.]
<nl>(3)<ol>[(4)] A person who fails to <nl>reinstate <ol> [renew] a certificate 
<nl>on or within two years of its expiration date may apply for a new 
certificate by complying with the then-current requirements for obtaining a 
certificate <ol> [after 120 days is required to surrender the certificate and 
identification card(s) to the department].
[(5) A person who fails to renew a certificate not more than 120 days after 
expiration is required to comply with the current requirements and procedures 
for obtaining a certificate.]
<nl>(4)<ol>[(6)]  Once a certificate is expired and until a person has 
reinstated the certificate, a person may not practice as a respiratory care 
practitioner <nl>in violation of the Act<ol>.
(f) (No change.)
(g)  <nl>Military duty. If a practitioner fails to timely renew his or her 
permit or certificate on or after August 1, 1990, because the practitioner is or 
was on active duty with the armed forces of the United States of America, 
serving outside the State of Texas, the practitioner may renew the permit or 
certificate pursuant to this subsection.
<nl>(1) Renewal of the permit or certificate may be requested by the 
practitioner, the practitioner's spouse, or an individual having power of 
attorney from the practitioner. The renewal form shall include a current address 
and telephone number for the individual requesting the renewal.
<nl>(2) Renewal may be requested before or after expiration of the permit or 
certificate.
<nl>(3) A copy of the official orders or other official military documentation 
showing that the practitioner is or was on active duty, serving outside the 
State of Texas, shall be filed with the department along with the renewal form.
<nl>(4) A copy of the power of attorney from the practitioner shall be filed 
with the department along with the renewal form if the individual having the 
power of attorney executes any of the documents required in this subsection.
<nl>(5)  A practitioner renewing under this subsection shall pay the applicable 
renewal fee, but not the reinstatement fee.
<nl>(6) A practitioner renewing under this subsection shall submit proof of 
having earned any clock hours of continuing education prior to being called to 
active duty serving outside the State of Texas and no further continuing 
education hours shall be required for renewal.
<nl>(h)<ol>[(g)] Inactive status. A respiratory care practitioner who holds a 
certificate under the Act and who is not actively engaged in the practice of 
respiratory care may make application to the department in writing on a form 
prescribed by the department to be placed on an inactive status list maintained 
by the department. The application for inactive status must be postmarked prior 
to the expiration of the practitioner`s <nl>annual<ol> certificate. No refund 
will be made of any fees paid prior to application for inactive status.
(1) A person on inactive status is not required to pay the annual renewal fee.
(2) A person on inactive status may not perform any activities regulated under 
the Act. Practice as a respiratory care practitioner in any capacity for 
compensation or as a volunteer is prohibited, and the person may not use the 
title respiratory care practitioner while on inactive status.
(3) A person on inactive status is not required to complete the requirements in 
accordance with sec.123.10 of this title (relating to Continuing Education 
Requirements), except as provided in paragraph (4)(D) of this subsection.
(4) If a person on inactive status desires to re-enter active practice, the 
person shall:
(A)  notify the department in writing;
(B) complete appropriate forms;
(C) pay a [prorated] renewal fee for the current renewal period [which shall be 
determined by the department,] plus a <nl>reactivation<ol> reinstatement fee [as 
set out in sec.123.4 of this title (relating to Fees)]; and
(D) [shall] submit to the department proof of successful completion, within the 
12-month period prior to reentering active status, of the following continuing 
education <nl>hours <ol> [credits,] as set out in sec.123.10 of this title 
(relating to Continuing Education Requirements):
(i) persons inactive for three years or less shall complete not less than six 
clock hours;
(ii) persons inactive for more than three years but less than six years shall 
complete not less than 12 clock hours; and
(iii)  persons inactive for six or more years shall complete not less than 18 
clock hours.
<nl>(5) A person in compliance with this subsection is not subject to subsection 
(e) of this section.
<nl>(i)<ol>[(h)]  Expiration of certificate. A person whose certificate has 
expired may not use the title or represent or imply that he has the title of 
certified respiratory care practitioner, respiratory care practitioner, or 
respiratory therapist, or use the letters RCP, and may not use any facsimile of 
those titles in any manner. Any person who practices respiratory care with an 
expired certificate is in violation of the Act.
sec.123.10. Continuing Education Requirements.
(a) Purpose. The purpose of this section is to establish the continuing 
education requirements which a respiratory care practitioner must complete 
<nl>annually<ol> [periodically] to maintain certification. These requirements 
are intended to maintain and improve the quality of professional services in 
respiratory care provided to the public and keep the practitioner knowledgeable 
of current research, techniques, and practice and provide other resources which 
will improve skill and competence in respiratory care.
(b) Deadlines. Continuing education requirements for renewal shall be fulfilled 
each renewal year.
(1) (No change.)
(2) At the time the certificate is mailed, each practitioner shall be notified 
of the beginning and ending dates of the continuing education period [and shall 
be provided with continuing education report forms, described in subsection (g) 
of this section].
(c) Hour requirements for continuing education. A practitioner must complete six 
clock hours of continuing education acceptable to the department during each 
renewal year as described in subsection (b) of this section. [The requirement to 
complete six hours per year will become effective on September 1, 1990. All 
renewals occurring before that date must comply with the 18 hours per three year 
requirement as described in this chapter prior to the adoption of the six hours 
per renewal year requirement.]
(1)-(2) (No change.)
(d)-(e)  (No change.)
(f) Determination of clock <nl>hours  <ol>[hour credits]. The department shall 
credit continuing education experiences as follows.
(1) Completion of course work at or through a respiratory care educational 
program as set out in subsection (d)(1) of this section (relating to Types of 
Acceptable Continuing Education) shall be credited on the basis of 15 clock 
hours [of credit] for each semester hour successfully completed for credit or 
audit, evidenced by a certificate of successful completion or official 
transcript.
(2) Parts of programs, activities, workshops, seminars, sessions, etc., which 
meet the criteria of subsections (d)(1) or (2) of this section shall be credited 
on a one-for-one basis with one clock hour [credit] for each clock hour spent in 
the continuing education activity.
(3)  Teaching in programs which meet the department's criteria as set out in 
subsection (d)(3) of this section shall be credited on the basis of two clock 
<nl>hours <ol> [hour credit] for each hour actually taught.
(4) Passing the certified respiratory therapy technician 
<nl>recredentialling<ol> [recredentialling] examination shall be credited on the 
basis of nine clock <nl>hours<ol> [hour credits].
(5) Passing the written registry examination for advanced respiratory therapy 
practitioners for credentialling or recredentialling shall be credited on the 
basis of nine clock <nl>hours <ol> [hour credits].
(6) Passing the registered respiratory therapist clinical simulation examination 
for credentialling or recredentialling shall be credited on the basis of nine 
clock <nl>hours <ol> [hour credits].
<nl>(7)  Passing the National Board for Respiratory Care, Inc. (NBRC) pediatric 
specialty examination shall be credited on the basis of nine clock hours.
<nl>(8)<ol>[(7)] Passing the advanced cardiac life-support, pediatric advanced 
life-support, or the neonatal advanced life-support course issued by or through 
the American Heart Association shall be credited on the basis of eight clock 
<nl>hours <ol> [hour credits].
<nl>(9)<ol>[(8)] Passing the certification examination for entry level pulmonary 
function technologists or the registry examination for advanced pulmonary 
function technologists for credentialling shall be credited on the basis of nine 
clock <nl>hours<ol> [hour credits].
(g)-(h) (No change.)
(i) Failure to complete required continuing education.
(1) A practitioner who has failed to complete the requirements for continuing 
education as specified in subsection (c) of this section may be granted up to a 
90-day extension to a reporting period <nl>if the renewal fee is paid on or 
prior to the expiration date <ol> [at the time of renewal or reinstatement, but 
not more than 120 days after the date the practitioner`s certificate expired]. 
The 90-day extension is the maximum that may be granted and there will be no 
exceptions.
(A) Following the receipt of the current renewal form and fee, [or reinstatement 
fee if applicable, ] the department shall issue identification cards which 
<nl>are certificates valid for a 90-day period beginning with the day following 
the expiration date of the practitioner's annual certificate <ol>[expire on the 
last day of the practitioner`s next birth month,] and a written notice that the 
continuing education period has been extended. [The extension period shall end 
on the date the original reporting period expired plus one year.]
(B) (No change.)
(C) If an excess number of credits were earned during an extension, the excess 
will [not] be credited toward the new reporting period.
(D) A practitioner may not receive another extension at the end of the <nl>90-
day extension <ol> [new reporting period].
(2) A practitioner who has failed to complete the requirements for continuing 
education as specified in subsection (c) of this section and who has not 
<nl>completed the continuing education requirement during the 90-day extension 
<ol> [renewed the certificate within 120 days of expiration] shall return the 
certificate and identification cards to the department and shall not advertise 
or represent himself or herself as a respiratory care practitioner in any 
manner. <nl>The person may reinstate the certificate or reapply for a new 
certificate in accordance with sec.123.9(e) of this title (relating to 
Certificate Renewal).
(j)-(k) (No change.)
sec.123.11. Changes of Name or Address.
(a)-(c) (No change.)
<nl>(d) All notices required by this chapter shall be addressed to the last 
known preferred mailing address of the practitioner or applicant.
<nl>(e)<ol>[(d)] Before any certificate or permit and identification cards will 
be issued by the department, notification of name changes must be mailed to the 
administrator and shall include a notarized copy of a marriage certificate, 
court decree evidencing such change, or a social security card reflecting the 
new name. The practitioner shall return any previously issued certificate or 
permit and identification cards and remit the appropriate replacement fee as set 
out in sec.123.4 of this title (relating to Fees).
sec.123.13. Certifying or Permitting Persons with Criminal Backgrounds to Be 
Respiratory Care Practitioners.
(a)-(b) (No change.)
(c)  Procedures for revoking, suspending, <nl>suspending on an emergency basis, 
<ol> or denying a certificate or temporary permit to persons with criminal 
backgrounds.
(1) (No change.)
(2) If the department denies, suspends, <nl>suspends on an emergency basis, <ol> 
or revokes a certificate or temporary permit under these sections after hearing, 
the administrator shall give the person written notice:
(A) (No change.)
(B) that the person, after exhausting administrative appeals, may file an action 
in a District Court of Travis County, Texas for review of the evidence presented 
to the department and its decision; [and]
(C) that the person must begin the judicial review by filing a petition with the 
court within 30 days after the department`s action is final and appealable<nl>; 
and
<nl>(D) of the earliest date the person may appeal <ol>.
sec.123.14. Violations, Complaints, and Subsequent Actions.
(a)  (No change.)
(b) Types of offenses and prohibited actions. A person is guilty of a Class B 
misdemeanor if:
(1) a person intentionally or knowingly represents oneself as able to practice 
respiratory care or represents oneself as a respiratory care practitioner unless 
the person holds a certificate or permit issued under the Act [or these 
sections];
(2) a person who is not <nl>permitted or <ol> certified under the Act [and these 
sections] as a respiratory care practitioner[,] or whose  <nl>temporary permit 
or certificate <ol> [certification has expired, or whose certification] has been 
suspended or revoked <nl>uses<ol> [may not use] in connection with <nl>his or 
her<ol> [the person's name or] practice the words[:] "respiratory care," 
"respiratory therapist," <nl>"respiratory care practitioner," <ol> "certified 
respiratory care practitioner," <nl>respiratory therapy technician<ol> or the 
letters "R.C.P." or any other words, letters, abbreviations, or insignia 
indicating or implying that the person is a respiratory care practitioner. Such 
a person may not in any way, either orally, in writing, in print, or by sign [or 
device], directly or by implication, represent  <nl>himself or herself<ol> 
[oneself] as a respiratory care practitioner [or impersonate a respiratory care 
practitioner];
(3)-(6) (No change.)
(7) a person conducts [or assists in conducting] a formal respiratory care 
education program <nl>for the preparation of <ol>[designed as a one-year 
certificate, two-year associates degree, or four-year bachelor's degree granting 
program for the preparation of] respiratory care personnel unless the program is 
approved by the <nl>department <ol> [board];
(8)-(10) (No change.)
(c)  Disciplinary action. The department[, on behalf of the board,] shall take 
disciplinary action if it determines that a person who holds a certificate or 
<nl>temporary <ol> permit:
(1) is guilty of fraud or deceit in procuring or attempting to procure a 
certificate or <nl>temporary  <ol>permit[,] or the renewal [or extension 
thereof,]  <nl>of a certificate or temporary permit<ol> to practice respiratory 
care;
(2) (No change.)
(3)  is addicted to or has improperly obtained, possessed, used<nl>,<ol> or 
distributed habit-forming drugs[,] <nl>or <ol> narcotics[, or other controlled 
substances,] or is habitually intemperate in the use of alcoholic beverages;
(4) is guilty of dishonest or unethical conduct as  <nl>determined by the 
department <ol> [set out in  s123.12 or this title (relating to the Professional 
and Ethical Standards)]; or
(5) has practiced respiratory care after his or her certificate or <nl>temporary 
<ol>permit has expired;
(6) (No change.)
(7) has violated or aided <nl>or<ol> [and] abetted others in violation of 
<nl>the<ol> [this] Act; or
(8) has practiced respiratory care <nl>without <ol>[other than under] the 
direction of a qualified medical director or other physician [licensed by the 
BME]. For the purpose of this section direction shall mean:
(A)-(C) (No change.)
(d) (No change.)
(e) Investigation of complaints.
(1)  (No change.)
(2) The administrator<nl>,<ol> and his or her designee <nl>,<ol> shall make the 
initial investigation and report the findings to the director of 
<nl>Professional Licensing and Certification Division<ol> [Hospital and 
Professional Licensure Division], or the director of its successor.
(f) The department's action.
(1)-(2) (No change.)
[(3)  The department may determine that a noncertified/nonpermitted person has 
committed an offense or prohibited action under subsection (b) of this section. 
If this is the person's first prohibited action and it represents no immediate 
threat to the health or safety of an individual or the public, the department 
shall attempt to resolve the complaint by requesting the offender or violator to 
stop the action immediately. If the violator complies, the department shall 
close the complaint file. If the person refuses to comply, or the offense or 
prohibited action represents an immediate threat to the health and safety of an 
individual or the general public, or if this is a second, subsequent, or repeat 
offense or prohibited action, the department with the concurrence of the 
advisory board chairperson, may initiate a request to the attorney general, 
district attorney, or county attorney to take appropriate legal action against 
the offender or violator, the Act, sec.13(c), makes it a criminal offense of a 
Class B misdemeanor if a person commits an offense or prohibited action 
described in subsection (b)(1)-(10) of this section.]
<nl>(3)<ol>[(4)]  The department may determine that a practitioner has violated 
the Act or a board rule. If this is the practitioners' first violation during 
the annual certification period, or during the period for which the temporary 
permit was issued, and it represents no immediate threat to the health and 
safety of an individual or the general public, the department shall:
(A)-(B) (No change.)
<nl>(4)<ol>[(5)] Whenever the department dismisses a complaint or closes a 
complaint file, the department shall give a summary report of the final action 
to the advisory board, the complainant, and the accused party.
(g) Disciplinary actions.
(1) The department [on behalf of the board,] may reprimand a practitioner or 
initiate action to <nl>deny,<ol> suspend<nl>, suspend on an emergency basis, 
probate, not renew,<ol> or revoke a certificate or [not renew a certificate, or 
not extend] a temporary permit.
(2) The department may also <nl>take action <ol>[suspend or revoke a certificate 
or not renew a certificate or not extend a temporary permit if the practitioner 
has been convicted of a misdemeanor or felony offense] under sec.123. 13 of this 
title (relating to Certifying or Permitting Persons with Criminal Backgrounds to 
be Respiratory Care Practitioners).
(3) A reprimand is a written notice from the administrator to the practitioner 
stating that the practitioner has violated the Act or board rule. A reprimand 
shall include a request that the practitioner stop the offense, prohibited 
action, or violation immediately. The department shall issue the reprimand to 
stop committing a first violation which represents no immediate threat to the 
health and safety of an individual or the general public [during the annual 
certification period, or during the period for which the certificate or permit 
was issued].
(4)  The department shall initiate suspension of a certificate[, temporary 
certificate] or temporary permit<nl>, <ol> [or] nonrenewal of a certificate, or 
disapproval of the extension of a temporary permit[,] when the practitioner 
refuses or fails to comply with <nl>a <ol> [the] reprimand request to stop the 
[offense, prohibited action, or] violation[,] or when there is a second, 
subsequent<nl>,<ol> or repeat [offense, prohibited action, or] violation [during 
the annual certification period, or during the period for which the certificate 
or permit was issued,] if the [offense, prohibited action, or] violation does 
not immediately threaten the health or safety of  <nl>an<ol> [the] individual or 
the general public.
(5) (No change.)
(6) The department shall initiate revocation of a certificate or temporary 
permit or nonrenewal of a certificate when there are three or more [offenses, 
prohibited actions, or] violations (which may include repeat or different 
violations) [during the annual certification period, or during the period for 
which the temporary certificate or permit was issued,] or when any one [offense, 
prohibited action, or] violation represents an immediate <nl>or serious<ol> 
threat to the health or safety of an individual or the general public.
(h)  Formal hearing.
[(1) The department may issue reprimands, but may only initiate or propose 
action to suspend, revoke or not renew a certificate or revoke or not extend a 
permit. Final action to suspend, revoke or not renew can be taken by the 
commissioner only after the practitioner has had an opportunity for a formal 
hearing to contest the proposed action.]
<nl>(1)<ol>[(2)]  The formal hearing shall be conducted according to the 
department's formal hearing procedures in Chapter 1 of this title (relating to 
Texas Board of Health) or  s123.13 of this title (relating to Certifying or 
Permitting Persons with Criminal Backgrounds to be Respiratory Care 
Practitioners).
<nl>(2)<ol>[(3) ] Prior to institution of formal proceedings to revoke or 
suspend a permit or certificate, the program administrator shall give written 
notice to the permit or certificate holder by certified mail, return receipt 
requested, of the facts or conduct alleged to warrant revocation or suspension, 
and the person shall be given the opportunity, as described in the notice, to 
show compliance with all requirements of the Act and this chapter.
<nl>(3)<ol>[(4)] To initiate formal hearing procedures, the administrator shall 
give the practitioner written notice of the opportunity for hearing. The notice 
shall state the basis for the proposed action. Within 10 days after receipt of 
the notice, the practitioner  <nl>must<ol> [shall] give written notice to the 
administrator that he or she either waives the hearing or wants the hearing. 
<nl>Receipt of the notice is deemed to occur on the tenth day after the notice 
is mailed unless another date of receipt is reflected on a United States Postal 
Service return receipt.
(A) If the practitioner fails to <nl>request a hearing<ol> [pick up the notice, 
if mailed by certified mail, or fails to respond within 10 days after receipt of 
the notice of opportunity, or if the practitioner notifies the administrator 
that the hearing be waived], the practitioner is deemed to have waived the 
hearing. If the hearing has been waived, the department shall recommend to the 
commissioner that the <nl>proposed action be taken <ol>[certificate or permit be 
suspended, revoked, or not renewed].
(B)  (No change.)
(i) Final action.
(1)-(4) (No change.)
(5) <nl>A person whose application is denied or whose temporary permit or 
certificate is revoked is ineligible for a temporary permit or certificate under 
this Act for one year from the date of the denial or revocation<ol> [If the 
commissioner revokes or does not renew the certificate or extend a temporary 
permit, the former certificate or temporary permit holder may reapply in order 
to obtain a new certificate or permit by complying with the requirements and 
procedures at the time of reapplication. The department may not issue a new 
certificate or temporary permit until the administrator or the department 
determines that the reasons for revocation or nonrenewal have been removed. An 
investigation may be required].
(6) (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 November 15, 1991.
TRD-9114369
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Proposed date of adoption: January 25, 1992
For further information, please call: (512) 458-7271
       
TITLE 34. PUBLIC FINANCE
Part I. Comptroller of Public Accounts
Chapter 3. Tax Administration
Subchapter S. Interstate Motor Carrier Sales and Use Tax
34 TAC sec.3.444
The Comptroller of Public Accounts proposes an amendment to sec.3.444, 
concerning computation of the proportioned tax. The amendment reflects the 
changes to the Tax Code, Chapter 157, made by the 72nd Legislature, 1991, First 
Called Session. The tax rate used in the computation was increased.
Tom Plaut, chief revenue estimator, has determined that for the first five-year 
period the section in effect there will be no significant revenue impact on the 
state or local government as a result of enforcing or administering the section. 
This section is adopted under the Tax Code, Title 2, and does not require a 
statement of fiscal implications for small businesses.
Dr. Plaut also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be in providing for more efficient tax administration. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed.
Comments on the proposal may be submitted to Lucy Glover, Manager, Tax 
Administration Division, P.O. Box 13528, Austin, Texas 78711.
The amendment is proposed under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
sec.3.444. Computation of the Proportioned Tax-Interstate Motor Vehicles.
(a) (No changes.)
(b) Computation of the proportioned tax.
(1) (No changes.)
(2) Multiply [the percentage calculated in paragraph (1) of this subsection by 
6.0% of] the purchase price of each interstate motor vehicle purchased in Texas 
or first brought into Texas during the reporting period <nl>by the current tax 
rate, and that result by the percentage calculated in paragraph (1) of this 
subsection. <ol>A vehicle "first brought into Texas" includes those entering 
Texas for the first time ever, and those entering Texas for the first time:
(A)-(B) (No changes.)
(c) Credit for tax paid to another state. If the motor carrier has previously 
paid any legally imposed sales or use tax to another state upon a motor vehicle 
subject to tax under subsection (b) of this section, a deduction or credit may 
be taken in accordance with the Tax Code, sec.157.102(a)(3). In computing the 
proportioned credit allowed, credit may not be taken for sales or use tax 
previously paid to Texas or another state in excess of <nl>the current tax rate 
multiplied by<ol> [6.0% of] the purchase price of any vehicle.
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 November 15, 1991.
TRD-9114398
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Earliest possible date of adoption: December 23, 1991
For further information, please call: (512) 463-4028
       
Subchapter EE. Boat and Motor Sales and Use Tax
34 TAC sec.3.741
The Comptroller of Public Accounts proposes new sec.3.741, concerning the 
imposition of the boat and boat motor sales and use tax. The new section is 
necessary so that persons in the business of selling boats and boat motors will 
be aware of the new tax, the tax rate, and the manner in which the tax is 
collected effective October 1, 1991.
The Tax Code, Chapter 160, was passed by the 72nd Legislature, 1991. The tax is 
assessed on certain boats and motors formerly taxed under the Tax Code, Chapter 
151.
Tom Plaut, chief revenue estimator, has determined that for the first five-year 
period the section is in effect there will be no significant revenue impact on 
the state or local government as a result of enforcing or administering the 
section. This section is adopted under the Tax Code, Title 2, and does not 
require a statement of fiscal implications for small businesses.
Dr. Plaut also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be in providing new information regarding tax responsibilities. 
There is no anticipated economic cost to persons who are required to comply with 
the section as proposed.
Comments on the proposal may be submitted to Lucy Glover, Manager, Tax 
Administration Division, P.O. Box 13528, Austin, Texas 78711.
The new section is proposed under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
sec.3.741. Imposition and Collection of Tax; Definitions.
(a) Definitions. The following words and terms, when used in this section, shall 
have the following meanings, unless the context clearly indicates otherwise.
(1) Dealer-A person or entity engaged in the business of buying, selling, or 
exchanging boats or boat motors at an established or permanent place of business 
in this state. At each such place of business a sign must be conspicuously 
displayed showing the name of the dealership so that it may be located by the 
public, and sufficient space must be maintained for an office, service area, and 
display of boats and boat motors.
(2) Department-The Texas Parks and Wildlife Department.
(3) Manufacturer-A person or entity engaged in the business of manufacturing new 
and unused boats and motors for the purpose of sale or trade.
(4) Retail sale-Any sale of a boat or boat motor other than a sale in which the 
dealer or manufacturer acquires the boat or boat motor for the exclusive purpose 
of resale. Dealers and manufacturers, as defined, are the only persons or 
entities that may acquire a boat or boat motor for resale.
(5) Tax assessor-collector-Any of the county tax assessors-collectors in the 
State of Texas.
(6) Taxable boat-Any watercraft, other than a seaplane on water, not more than 
65 feet in length, manufactured or used primarily for noncommercial purposes. 
This includes federally documented boats, motorboats, sailboats, jet skis, and 
boats designed to accommodate an outboard motor. Excluded from this definition 
are canoes, kayaks, rowboats, inflatable rafts, or other watercraft designed to 
be propelled by paddle, oar, or pole. These watercraft excluded will continue to 
be taxed under Limited Sales, Excise, and Use Tax, unless some other exemption 
applies.
(7) Taxable motor-Any self-contained internal combustion propulsion system of 
any horsepower, excluding fuel supply, used to propel a watercraft, that is 
detachable from the boat and used primarily for noncommercial purposes. Electric 
boat motors are excluded.
(8) Total consideration-The amount paid or to be paid for a taxable boat or boat 
motor, including all accessories attached at the time of or before the sale. 
This amount includes the costs of transportation before the sale and any 
manufacturer's or importer's excise tax imposed by the United States government. 
This amount does not include any separately stated finance charges, service 
charges, or other interest charges. Also excluded from total consideration will 
be the value of a taxable boat or boat motor taken by the seller as all or part 
of the consideration for the sale of the boat or boat motor. No other tangible, 
intangible, or real property will be excluded from total consideration. Also 
excluded from total consideration are charges for transportation of the boat or 
boat motor after the sale.
(9) Use-Any storage or other exercise of rights of ownership in this state by 
any person or entity, excluding the storage, display, or holding of a boat or 
boat motor exclusively for sale by a dealer or manufacturer, as defined 
previously.
(b) Imposition of the tax.
(1) A tax is imposed on each retail sale of a taxable boat or boat motor in this 
state. The tax is the obligation of and shall be paid by the purchaser of the 
taxable boat or boat motor.
(2) The tax rate is 6.25% of total consideration paid or to be paid.
(c) Collection of the tax. The tax may be collected and remitted by either of 
the following methods.
(1) After the completion of the Seller, Donor, or Trader's Affidavit for the 
sale of a boat or a motor, if the seller collects the tax from the purchaser, 
the seller must remit the tax to either a county tax-assessor collector or to 
the department within 20 working days from the date the taxable boat or motor is 
delivered to the purchaser.
(2) After the completion of the Seller, Donor, or Trader's Affidavit for the 
sale of a boat or a motor, the seller may give the original affidavit to the 
purchaser. The purchaser is then required to remit the tax to either a county 
tax assessor-collector or to the department within 20 working days from the date 
the taxable boat or motor is delivered to the purchaser.
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 November 15, 1991.
TRD-9114401
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Earliest possible date of adoption: December 23, 1991
For further information, please call: (512) 463-4028
       
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part I. Texas Department of Human Services
Chapter 79. Legal Services
Subchapter R. Release Hearings
40 TAC sec.sec.79.1701-79. 1704, 79.1708, 79.1709
The Texas Department of Human Services (DHS) proposes amendments to 
sec.sec.79.1701-79.1704, 79.1708, and 79.1709, concerning release hearings. The 
amendments change the rules governing release hearings to allow adult protective 
services (APS) to notify an employer or other entity of APS findings of abuse, 
neglect, or exploitation. The amendments are intended also to protect the 
perpetrator's due process rights.
In addition to the amendments concerning release hearings in APS, DHS has 
rewritten the definition of adverse action in sec.79.1701 as it pertains to 
child protective services. This rewrite is intended to clarify the existing 
definition.
Burton F. Raiford, interim commissioner, 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. 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 protection from abuse, neglect, and exploitation 
of aged or disabled adults and increased protection of perpetrators' due process 
rights. There will be no effect on on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the sections as 
proposed.
Questions about the content of the proposal may be directed to Sharon Venza at 
(512) 450-3113 in DHS's Office of the General Counsel. Comments on the proposal 
may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-
245, 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, Chapters 22 
and 48, which provides the department with the authority to administer public 
assistance and adult protective services programs.
sec.79.1701. Definitions.  <ol>The following words and terms, when used in this 
subchapter, shall have the following meanings, unless the context clearly 
indicates otherwise.
 Adverse action -Adverse registration, licensing, or certification that is based 
in whole or in part on a finding of abuse<nl>, <ol>[or] neglect <nl>, or 
exploitation  <ol>(without regard to the release of abuse<nl>, neglect, or 
exploitation  <ol>data). <nl>The following actions do not constitute adverse 
action: <ol>[This definition of adverse action does not include the removal of 
foster children from alleged perpetrators who are foster parents verified by 
Child Protective Services (CPS) or CPS-approved prospective adoptive parents, 
nor does it include denial of CPS verification as foster parents or approval as 
adoptive parents.]
<nl>(A) removal of foster children from foster parents who are alleged 
perpetrators, as verified by Child Protective Services (CPS);
<nl>(B) removal of foster children from CPS-approved, prospective adoptive 
parents who are alleged perpetrators; and
<nl>(C) denial of CPS approval of persons as foster parents or as adoptive 
parents.
 Alleged perpetrator -A person alleged to have abused or neglected a child 
<nl>or alleged to have abused, neglected, or exploited an aged or disabled 
adult.
 Release hearing -An opportunity for individuals found to have abused or 
neglected a child <nl>or alleged to have abused, neglected, or exploited an aged 
or disabled adult <ol>to correct the abuse <nl>, <ol>[or] neglect<nl>, or 
exploitation <ol>finding in the official records.
sec.79.1702. Right to a Hearing.
(a) A release hearing must be granted to any alleged perpetrator about whom a 
finding of child abuse or neglect  <nl>or adult abuse, neglect, or exploitation 
<ol>is to be released without that individual's consent.
(b) (No change.)
sec.79.1703. Notice. The commissioner or his designee sends the alleged 
perpetrator notice of any pending release or adverse use. The notice is sent by 
certified mail, return receipt requested, unless the department determines that 
a more immediate form of notice is required. The notice must include:
(1) a statement of the child abuse or neglect findings <nl>or the adult abuse, 
neglect, or exploitation findings <ol>and <nl>of  <ol>the adverse action  <nl>or 
release of the findings <ol>to be taken by the department;
(2) (No change.)
(3) a statement that the failure to request a hearing may result in disclosure 
of the abuse<nl>,  <ol>[or] neglect<nl>, or exploitation <ol>findings;
(4) a statement as to whether the abuse<nl>, <ol>[or] neglect<nl>, or 
exploitation <ol>findings will be released or used before the appeal.
sec.79.1704. Emergency Release/Use of Data. Although abuse <nl>, <ol>[or] 
neglect<nl>, or exploitation <ol>data is not usually released pending the 
results of the release hearing, data may be adversely used against an alleged 
perpetrator if the department determines that he constitutes an immediate danger 
to the health or safety of children <nl>or aged or disabled adults<ol>. The 
evidentiary standards for this determination are set forth in the program rules 
on which the action is based.
sec.79.1708. Venue. Hearings are held in the departmental region responsible for 
the abuse<nl>, <ol>[or] neglect <nl>, or exploitation  <ol>determination, unless 
the administrative law judge determines that good cause exists for moving the 
hearing.
sec.79.1709. Authority.  <ol>The release hearing is conducted pursuant to the 
Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 
6252-13a. The administrative law judge decides whether to uphold the abuse<nl>, 
<ol>[or] neglect <nl>, or exploitation  <ol>finding based on the evidence 
presented at the hearing. He has no authority to overrule state or federal 
statutes, policies, or regulations. The department has the burden of proof. The 
evidentiary standards applicable at the hearing are the same as those set forth 
in the program rules on which the finding or action is based.
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 November 14, 1991.
TRD-9114294
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Proposed date of adoption: January 1, 1992
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 5. 97, the 
Texas Register publishes notice of proposed actions by the Texas Board of 
Insurance. Notice of action proposed under Article 5.96 must be published in the 
Texas Register not later than the 30th day before the board adopts the proposal. 
Notice of action proposed under Article 5.97 must be published in the Texas 
Register not later than the 10th day before the Board of Insurance adopts the 
proposal. The Administrative Procedure and Texas Register Act, Article 6252-13a, 
Texas Civil Statutes, does not apply to board action under Articles 5. 96 and 
5.97.
The complete text of the proposal summarized here may be examined in the offices 
of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-
9104.)
The State Board of Insurance, at a board meeting scheduled for December 6, 1991 
at 8:30 a.m., in Room 100 of the Texas Department of Insurance Building, 333 
Guadalupe Street in Austin, will consider a filing by CUMIS Insurance Society, 
Inc. of revised rates and rules for the Credit Union Discovery Bond Program.
The filing submitted by CUMIS Insurance Society, Inc. proposes an overall 
increase of 7.8% in the rates for the basic bond. The following rate changes 
have been proposed for the optional coverages available under the bond program: 
a 19.25% decrease in the rate for the IRA Coverage Endorsement; a 32.25% 
increase in the rate for the Share Draft Coverage Endorsement; a 32.25% increase 
in the rate for the Litigation Coverage Endorsement; and a 19.25% decrease in 
the rate for the Consumer Legislation Endorsement.
Additional changes contained in this filing that impact the rates are an 
increase in the Lack of Faithful Performance multiplier from 1.24 to 1.30, a .8% 
increase in the increase limit factors for the basic bond, a revised rule 
concerning the location charge applicable to branch offices, and the addition of 
credit factors for the minimum deductible under the specific insuring clauses.
CUMIS Insurance Society, Inc. has requested that the filing become effective 
January 1, 1992.
Copies of the full text of the revised rates and rules for the Credit Union 
Discovery Bond Program are available for review in the office of the Chief Clerk 
of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-
9104.
This notification is made pursuant to the Insurance Code, Article 5.97, which 
exempts it from the requirements of the Administrative Procedure and Texas 
Register 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 November 15, 1991.
TRD-9114388
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
For further information, please call: (512) 463-6328
       
The State Board of Insurance, at a board meeting scheduled for December 6, 1991 
at 8:30 a.m., in Room 100 of the Texas Department of Insurance Building, 333 
Guadalupe Street in Austin, will consider a filing by the Texas Education Agency 
(TEA) of two Driver Training School bonds; one of $10,000 and the other for 
$5,000 along with Continuation Agreements.
Senate Bill 757 as passed by the 72nd Legislature and signed into law by the 
governor revised Texas Civil Statutes, Article 4413 (29c). The effective date of 
the new law was September 1, 1991. Section 13(g) was added to Article (29c) and 
requires a driver training school to submit a bond as a condition for being 
licensed by TEA.
A bond in the amount of $10,000 is required of a school that teaches driver 
education with all other schools, i.e. defensive driving, having bond in the 
amount of $5,000. The bonds are identical in form other than the bond amount. 
The continuation agreement or bond may be used for each renewal application 
filed with TEA. The bonds are conditioned on the licensee faithfully discharging 
all obligations, duties, and responsibilities contained in  s13(a), (g), (h), 
sec.9, and all other applicable sections of Texas Civil Statutes, Article 
4413(29c).
The bonds may be cancelled by giving 30 days' written notice, by registered 
mail.
Copies of the full text of the proposed Driver Training School Bonds and 
Continuation Agreements are available for review in the office of the Chief 
Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 
78713-9104.
The notification is made pursuant to the Insurance Code, Article 5.97, which 
exempts it from the requirements of the Administrative Procedure and Texas 
Register 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 November 15, 1991.
TRD-9114386
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
For further information, please call: (512) 463-6328
       
The State Board of Insurance, at a board meeting scheduled for December 6, 1991 
at 8:30 a.m., in Room 100 of the Texas Department of Insurance Building, 333 
Guadalupe Street in Austin, will consider a filing by Capital Guaranty Insurance 
Company of a Good Faith Deposit Financial Surety Bond Program. The proposed 
program allows securities underwriters to purchase a bond in lieu of making a 
good faith deposit when bidding on a political subdivision's bond issue. The 
bond guarantees that the successful bidder will make the good faith deposit 
required by the political subdivision. The required deposit is usually 1.0% to 
2. 0% of the bond issue's par value.
The proposed rates for this bond are judgmental and range from $20 (minimum 
premium) to $600 based on the amount of the good faith deposit. The premium 
charge is for each securities underwriter listed on the bond.
Copies of the full text of the proposed Good Faith Deposit Financial Surety Bond 
Program are available for review in the office of the Chief Clerk of the Texas 
Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104.
The notification is made pursuant to the Insurance Code, Article 5.97, which 
exempts it from the requirements of the Administrative Procedure and Texas 
Register 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 November 15, 1991.
TRD-9114387
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
For further information, please call: (512) 463-6328
       
The State Board of Insurance, at a board meeting scheduled for December 6, 1991, 
at 8:30 a.m., in Room 100 of the Texas Department of Insurance Building, 333 
Guadalupe Street in Austin, will consider a filing by the Railroad Commission of 
Texas (commission) of a Blanket Performance Bond form and an Individual 
Performance Bond form.
Senate Bill 1103 as passed by the 72nd Legislature and signed into law by the 
governor amended the Texas Natural Resources Code (TNRC), sec.91.103 and sec.91. 
104, which went into effect September 1, 1991. Changes in the TNRC allows for a 
Blanket Performance Bond to be submitted to cover all commission-regulated 
operations performed by a person, including all current wells and any additional 
wells that are obtained and carried on the Oil and Gas Proration Schedule. Only 
one Blanket Performance Bond is required of persons performing multiple 
operations. "Other commission-regulated operations," other than the operation of 
active and inactive wells, are listed on the commission's instruction sheet for 
the individual and blanket performance bonds.
The penal amount for the Blanket Performance Bond will be based on the 
following: a person who operates 10 or fewer wells or performs other operations 
shall file a $25,000 bond; a person operates more than 10 but fewer than 100 
wells shall file a $50,000 blanket bond; a person who operates 100 or more wells 
shall file a $250,000 blanket bond.
The Individual Performance Bond is conditioned on the persons operating oil and 
gas wells in compliance with TNRC, sec.91.103 and sec.91.104 on all active and 
inactive wells, to prevent pollution of any ground or surface water in the 
state, or any controlled escape of fluids from the state in which they were 
originally located. This bond is intended for persons who operate a small number 
of shallow wells. The penal amount for the Individual Performance Bond will be 
based on $2. 00 for each foot of well debt for each well.
The State Board of Insurance has been asked to adopt the commission's filing on 
an emergency basis, to enable the commission to comply with the provisions of 
Senate Bill 1103 and to provide for the proper administrative regulation of oil 
and gas operators.
Copies of the full text of the proposed Blanket Performance Bond form and the 
Individual Performance Bond form by the commission are available for review in 
the office of the Chief Clerk of the Texas Department of Insurance, 333 
Guadalupe Street, Austin, Texas 78714-9104.
The notification is made pursuant to the Insurance Code, Article 5.97, which 
exempts it from the requirements of the Administrative Procedure and Texas 
Register 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 November 15, 1991.
TRD-9114389
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
For further information, please call: (512) 463-6328
       
The State Board of Insurance, at a board meeting scheduled for 8:30 a.m. January 
9, 1992, in Room 100 of the Texas Department of Insurance Building, 333 
Guadalupe Street in Austin, will consider the adoption of an amendment to the 
Texas Automobile Manual (the manual) to require equal monthly payments to extend 
for the duration of the policy. The amendments were proposed by petition filed 
(Reference Number A-1091-1), by the Office of Public Insurance Counsel (OPIC) 
and were amended at a board meeting on October 24, 1991, whereby the board 
authorized the petition for publication.
According to the OPIC petition, these amendments are proposed as a result of 
House Bill 2 of the 72nd Legislative Session, which requires Texans to show 
proof of automobile insurance upon registration of a vehicle, transfer of the 
title, and purchase of license plate tags. According to the petition, the effect 
of this legislation is to require Texans to purchase automobile insurance.
The OPIC petition statistics concerning concentrations of individuals in the 
state who are at or below federally defined poverty levels, and the price those 
persons would have to pay for automobile insurance. In order to make the 
required insurance more affordable for such persons, the proposed rule would 
require that the auto policy reflect language requiring all insurers writing 
private passenger automobile insurance to provide the policyholder an option of 
equal monthly interest-free installment payments to extend for the duration of 
the policy. The insurer would be allowed to charge a $2.00 monthly 
administrative fee for the costs of providing the service. The amendments to the 
petition made at the October 24, 1991 board meeting further provide that the 
administrative fee may be increased by $1.00 for each $500 or a fraction thereof 
by which the annual premium exceeds $1,000.
The full text of the OPIC petition (Reference Number A-0091-1), containing the 
proposed amendments of the manual, is available for review in the Office of the 
Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, 
Texas, 78714-9104. For further information or to request copies of the petition, 
please contact Sylvia Gutierrez at (512) 463-6327, refer to Reference Number A-
0991-1.
The 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 proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 18, 1991.
TRD-9114430
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
For further information, please call: (512) 463-6328