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 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 15 Consumer Services 4 TAC sec.15.11 The Texas Department of Agriculture (the department) adopts an amendment to sec.15.11, without changes to the proposed text as published in the October 8, 1991, issue of the Texas Register (16 TexReg 5547). The section is amended to bring the revenue collections for registration of liquified petroleum (LP) gas meters closer to the cost to the state of registering, inspecting, and calibrating such devices. The section is amended to increase from $50 to $80 the registration fee for LP gas meters. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Agriculture Code, sec.13.1151(d) as amended by House Bill 11, 72nd Legislature, First Called Session (1991) which provides the Department of Agriculture with the authority to charge a fee for registration of LP gas meters not to exceed $80 per meter. 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 18, 1991 TRD-9114570 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: December 11, 1991 Proposal publication date: October 8, 1991 For further information, please call: (512) 463-7583 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter G. C.O.D. Shipments 16 TAC sec.5.116 The Railroad Commission of Texas adopts an amendment to sec.5.116, with changes to the proposed text as published in the October 1, 1991, issue of the Texas Register (16 TexReg 5376). The amended section concerns remittance of C.O.D. charges by carriers to consignors. Petitioner, Kerrville Bus Company, Inc., sometimes has difficulty complying with the requirements of sec.5.116 because the agents of Petitioner collecting C.O.D. charges in small towns do not always immediately remit those charges to Petitioner, resulting in Petitioner being unable to remit the charges to consignors on a timely basis. The language of the section as published was amended so that rather than a period of 30 days, excluding Sundays and legal holidays, for a motor bus company to remit C.O.D. charges to consignors, those C. O.D. charges must be remitted with in 21 calendar days. The commission believes that 21 calendar days will allow sufficient time for the agents of motor bus companies in small towns to remit collected C.O.D. charges. Furthermore, the commission believes that 21 calendar days, as opposed to 30 days excluding Sundays and legal holidays, will establish a clear and simple time frame within which C.O.D. charges must be remitted. The amended section will differentiate between motor carriers and motor bus companies, and will increase the period within which motor bus companies must remit C.O.D. charges to consignors from 10 days, excluding Sundays and legal holidays, to 21 calendar days. The 10-day remittance requirement for motor carriers is retained. Comments were received from five motor bus companies, including petitioner. All of the comments received supported an extension of time for remittance of C. O.D. charges. No comments on the proposal were received from groups or associations. The amended section is adopted pursuant to the Texas Motor Bus Act, Texas Civil Statutes, Article 911a, and the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, which authorize the commission to regulate motor bus companies and motor carriers, respectively, in all matters. sec.5.116. Remittance. (a) The delivering motor carriers shall remit the C.O.D. charges to the consignor or designated payee within 10 days from date of delivery, Sundays and legal holidays excepted. The charge or fee for collecting and remitting C.O.D. amounts shall be by separate remittance. A transmittal instrument shall accompany and identify the remittance. (b) The delivering motor bus company shall remit the C.O.D. charges to the consignor or designated payee with 21 days from date of delivery. The charge or fee for collecting and remitting C.O.D. amounts shall be by separate remittance. A transmittal instrument shall accompany and identify the remittance. 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 18, 1991. TRD-9114548 Martha V. Swanger Hearings Examiner, Gas Utilities/LP-Gas Section, Legal Division Railroad Commission of Texas Effective date: December 10, 1991 Proposal publication date: October 1, 1991 For further information, please call: (512) 463-7094 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 adopts an amendment to sec.60.25, concerning general powers and duties of commission, without changes to the proposed text as published in the October 18, 1991, issue of the Texas Register (16 TexReg 5764). The commission was following the guideline set forth by the legislators to excuse late fees and penalties after August 1, 1990 for individuals on active duty in the United States Armed Forces. All licensees and/or registrants who are in active duty in the United States Armed Forces will not be charged a late fee or penalty. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 9100, which provide the commission of Licensing and Regulation with the authority to adopt rules necessary to comply with statutes that we regulate. 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 18, 1991. TRD-9114480 Larry E. Kosta Executive Director Texas Department of Licensing and Regulation Effective date: December 9, 1991 Proposal publication date: October 18, 1991 For further information, please call: (512) 463-3127 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 33. Investment Program of the Permanent School Fund 19 TAC sec.33.25, sec.33.30 The Texas Education Agency (TEA) adopts amendments to sec.33.25 and sec.33.30, concerning the approved list of corporations for security purposes and equity transactions, without changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5452). These amendments are necessary as a result of the repeal of the Texas Education Code, sec.15.02, in recent legislation. Justification for the amendment will be the inclusion of certain investment standards for the principal of the Permanent School Fund due to the repeal of Texas Education Code sec.15.02. The amendment will function by adding investment standards designed to provide safety for the principal of the permanent school fund portfolio. No comments were received regarding adoption of the amendment. The amendment is adopted under Article VII, sec.5(d), Texas Constitution, which governs the policies relating to the investments of the permanent school fund. 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 14, 1991. TRD-9114515 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: December 10, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 Chapter 63. Student Services 19 TAC sec.63.22 The Texas Education Agency (TEA) adopts new sec.63.22, concerning attendance services, without changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5452). House Bill 628, 72nd Legislature, amended the Texas Education Code, sec.21. 039(a)(6), regarding the duties of public school attendance officers. The new section implements the requirements that public school attendance officers must refer to juvenile court any truant pupil who has unexcused voluntary absences for the amount of time specified under the Texas Family Code, sec.51.03(b)(2), or file a complaint against any recalcitrant person having parental control as provided in the Texas Education Code, sec.4.25. The amendment was adopted on an emergency basis in the October 4, 1991, issue of the Texas Register (16 TexReg 5437). Justification for the amendment will be the implementation of statutory requirements included in House Bill 628, 72nd Legislature, regarding the duties of public school attendance officers. The amendment will function by implementing legislative requirements that public school attendance officers must refer to juvenile court any truant pupil who has unexcused voluntary absences for the amount of time specified under the Texas Family Code, sec.51.03(b)(2), or file a complaint against any recalcitrant person having parental control as provided in the Texas Education Code, sec.4.25. Comments were received regarding adoption of the amendment from the Texas Juvenile Probation Commission. The commenters wished to clarify that in the authority cite of the proposed and emergency rule filings the attendance officer may not proceed in juvenile court against any truant pupil who has unexcused voluntary absences for the amount of time specified under the Texas Family Code, sec.51.03(b)(2), or file a complaint against any recalcitrant person having parental control as provided in the Texas Education Code, sec.4.25. This is the responsibility of the state's attorney. The attendance officer may refer a case to the juvenile court for prosecution. The agency has responded by changing the authority cite to reflect the revision by House Bill 628, 72nd Legislature. The new section is adopted under the Texas Education Code, sec.21.039(a)(6), as amended by House Bill 628, 72nd Legislature, which provides public school attendance officers with the authority to refer to a juvenile court any truant pupil who has unexcused voluntary absences for the amount of time specified under the Family Code, sec.51.03(b)(2), or to file a complaint against any recalcitrant person having parental control as provided in the Code, sec.4.25. 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 14, 1991. TRD-9114516 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: December 10, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 Chapter 67. Instructional Resources Subchapter A. State Textbook Program Textbook Proclamation 19 TAC sec.67.33 The Texas Education Agency (TEA) adopts an amendment to sec.67.33, concerning state textbook proclamation advisory committees, without changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5453). The amendment implements legislative amendments to the Texas Education Code, sec.12.04(b), by the 72nd Legislature. The amendment limits the appointment of textbook proclamation advisory committees to the subject areas of reading, language arts, mathematics, science, and social studies. Justification for the amendment will be the implementation of legislative amendments to the Texas Education Code, sec.12.04(b), by the 72nd Legislature. The amendment will function by limiting the appointment of textbook proclamation advisory committees to the subject areas of reading, language arts, mathematics, science, and social studies. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.12.04(b), which provides the State Board of Education with the authority to establish the indirect cost allotment for vocational education. 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 14, 1991. TRD-9114517 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: December 10, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 Chapter 78. Vocational and Applied Technology Education Subchapter A. General Provisions 19 TAC sec.78.2 The Texas Education Agency (TEA) adopts an amendment to sec.78.2, concerning vocational and applied technology education, without changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5453). Senate Bill 1274, which requires consideration of quality and effectiveness of vocational and applied technology education as a part of the accreditation process, amended the Texas Education Code, sec.21.112(b). In addition, because of the Carl D. Perkins Vocational and Applied Technology Education Act, the local advisory councils must include two parents. The amendment implements this requirement. Justification for the amendment will be compliance with new statutory requirements regarding vocational and applied technology education. The amendment will function by requiring that local advisory councils that assist districts with planning and evaluation of vocational and applied technology education programs include more than one parent, at least one of whom is a parent of a member of a special population group. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.21.112(b), as amended by Senate Bill 1274, 72nd Legislature, which provides the State Board of Education with the authority to set forth the criteria for approval of vocational programs by school districts. 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 14, 1991. TRD-9114518 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: December 10, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 19 TAC sec.78.3, sec.78.4 The Texas Education Agency (TEA) adopts the repeal of sec.78.3 and sec.78.4, concerning vocational and applied technology education, without changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5454). Senate Bill 1274, which requires consideration of quality and effectiveness of vocational and applied technology education as a part of the accreditation process, amended the Texas Education Code, sec.21.112(b). The change in the law eliminates not only the requirement for school review of vocational education programs, but also the statutory base for the five-year sunset review process conducted by the agency. Additionally, because of the Carl D. Perkins Vocational and Applied Technology Education Act, the local advisory council must include two parents. Section 78.4 is being proposed as new sec.78.3 in a separate submission. Justification for the repeals will be compliance with new statutory requirements regarding vocational and applied technology education. The repeals will function by eliminating the requirement for school review of vocational education programs as well as the five-year sunset review process conducted by the agency. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Education Code, sec.21.112(b), as amended by Senate Bill 1274, 72nd Legislature, which provides the State Board of Education with the authority to set forth the criteria for approval of vocational programs by school districts. 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 14, 1991. TRD-9114520 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: December 10, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 19 TAC sec.78.3 The Texas Education Agency (TEA) adopts new sec.78.3, concerning vocational education, without changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5454). Senate Bill 1274, which requires consideration of quality and effectiveness of vocational and applied technology education as a part of the accreditation process, amended the Texas Education Code, sec.21.112(b). The change in the law eliminates not only the requirement for school review of vocational education programs, but also the statutory base for the five-year sunset review process conducted by the agency. The new section implements this legislative mandate. The section is being repealed in a separate submission. Former sec.78.4 concerning vocational education for public school students by contract, becomes the new sec.78.3. Justification for the new section will be compliance with new statutory requirements regarding vocational and applied technology education. The new section will function by eliminating the requirement for school review of vocational education programs as well as the five-year sunset review process conducted by the agency. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Education Code, sec.21.112(b), as amended by Senate Bill 1274, 72nd Legislature, which provides the State Board of Education with the authority to set forth the criteria for approval of vocational programs by school districts. 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 14, 1991. TRD-9114519 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: December 10, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 Subchapter B. Quality Work Force Planning 19 TAC sec.78.11 The Texas Education Agency (TEA) adopts new sec.78.11, concerning fiscal agents, without changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5455). The new section allows private industry council established under the Job Training Partnership Act (Public Law 97-300) to serve as fiscal agents for Quality Work Force Planning Committees. The 72nd Legislature enacted the Texas Education Code, sec.16.155(h), authorizing funds for planning committees established under sec.21.115(b). During the first special session, the legislature in Rider 18, General Appropriations Act-1991, approved funding for the staff and operating expenses of the committees. Since the Texas Education Code, sec.31.40(a) specifies that only institutions and programs approved by the State Board of Education and the Texas Higher Education Coordinating Board will be eligible for the distribution of funds allocated by the legislature, the new section is necessary to allow private industry councils to participate as fiscal agents in quality work force planning. The new section was adopted on an emergency basis in the October 4, 1991, issue of the Texas Register (16 TexReg 5437). Justification for the amendment will be the implementation of policies that will allow public independent school districts, education service centers, public institutions of higher education, and private industry councils to serve as fiscal agents for Quality Work Force Planning Committees established under the Texas Employment Commission sec.21.115(b). The amendment will function by allowing public independent school districts, education service centers, public institutions of higher education, and private industry councils to participate as equal partners in quality work force planning. Comments were received regarding adoption of the amendment from a representative of the Texas Department of Commerce. The representative urged the implementation of the section so that private industry councils will be treated as equal partners in quality work force planning. The new section is adopted under the Texas Education Code, sec.31.40(a), as provides the State Board of Education with the authority to allocate state and federal funds. 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 14, 1991. TRD-9114521 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: December 10, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 Chapter 89. Adaptations for Special Populations Subchapter G. Special Education Clarification of Provisions in Federal Regulations and State Law 19 TAC sec.89.211, sec.89.213 The Texas Education Agency (TEA) adopts amendments to sec.89.211 and sec.89. 213, concerning special education, without changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5455). The amendments implement the requirements of House Bill 2277, sec.1, 72nd Legislature, relating to the education of students with visual handicaps. The legislative action, effective September 1, 1991, adds requirements for assessment and instruction in braille reading and writing, and ensures literacy of "functional blind" students. The legislation directs the agency to determine the criteria for a student to be classified as functionally blind. The amendments restructure existing eligible requirements for students with visual handicaps to include the definition and criteria for the new category, and extends the requirement that a professional certified to teach students with visual handicaps to include infants and those who are deaf-blind. The amendments were adopted on an emergency basis in the October 4, 1991, issue of the Texas Register (16 TexReg 5437). Justification for the amendments will be implementation of the requirements of House Bill 2277, sec.1, 72nd Legislature, relating to the education of students with visual handicaps. The amendments will function by restructuring existing eligibility requirements for students with visual handicaps to include the definition and criteria for the new category, and extends the requirement that a professional certified to teach students with visual handicaps include infants and those who are deaf- blind. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Education Code, sec.11.052(b)(1), and sec.11.052(e)(2), as amended by House Bill 2227, sec.1, 72nd Legislature, which provides the State Board of Education with the authority to develop standards and guidelines for all special education services for the visually handicapped. 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 14, 1991. TRD-9114522 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: December 10, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 Chapter 137. Teacher Education Subchapter J. Program Requirements for Preparation of School Personnel Standards VIII-Graduate Programs Certification Standards for Special Education Supportive Professional Personnel The Texas Education Agency (TEA) adopts the repeal of sec.137.426 and sec.137. 427 and new sec.137.426 and sec.137.427, concerning certification standards for special education supportive professional personnel, without changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5456). The sections are being repealed and reproposed as new sections to allow for the completion of an approved program and national certification in accord with the standards for the credentialing of school psychologists and national certification requirements of the National Association of School Psychologists (NASP) for purposes of state certification and assignment in Texas. This would be in addition to the current provisions for the state certification and assignment based on the requirements of the Texas State Board of Examiners of Psychologists. These provisions provide school districts with more flexibility for reviewing candidates from Texas institutions, but particularly for the candidates from out-of-state who may already possess national certification. Justification for the repeals and new sections will be to allow for the completion of an approved program and national certification in accord with the standards for the credentialing of school psychologists and national certification requirements of the National Association of School Psychologists (NASP) for purposes of state certification and assignment in Texas. This would be in addition to the current provisions for state certification and assignment based on the requirements of the Texas State Board of Examiners of Psychologists. The repeals and new sections will function by providing school districts with more flexibility for reviewing candidates from Texas institutions, but particularly for the candidates from out-of-state who may already possess national certification. Comments were received regarding adoption of the new sections from individuals requesting clarification of the sections' impact on individuals certified as nationally certified school psychologists. The individuals questioned whether or not individuals certified as nationally certified school psychologists, but who do not possess the doctorate in School Psychology, would be required by rule to have evaluations for eligibility co-signed by a psychologist with a doctorate when the service is rendered for the emotionally disturbed (ED). The co-signing will be required and additional rule changes relating to this and other issues will be proposed in late January 1992. The amendments will be to Chapter 89 of this title, concerning adaptations for special populations. No comments were received regarding adoption of the repeals. 19 TAC sec.137.426, sec.137.427 The repeals are adopted under the Texas Education Code, sec.13.032, which provides the State Board of Education with the authority to establish rules and regulations concerning the issuance of certificates and the standards and procedures for the approval or disapproval of colleges and universities offering programs of teacher education. 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 14, 1991. TRD-9114510 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: December 10, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 The new sections are adopted under the Texas Education Code, sec.13.032, which provides the State Board of Education with the authority to establish rules and regulations concerning the issuance of certificates and the standards and procedures for the approval or disapproval of colleges and universities offering programs of teacher education. 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 14, 1991. TRD-9114511 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: December 10, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 Chapter 141. Teacher Certification Subchapter L. Certification for Special Service Positions 19 TAC sec.141.246 The Texas Education Agency (TEA) adopts an amendment to sec.141.246, concerning requirements for professional special education certificates, with changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5458). The amendment expands the state certification assignment requirements for two special service positions, school psychologist and associate school psychologist, to allow for more district flexibility through the additional option of completion of an approved program and national certification in accord with the standards for credentialing of school psychologists and certification requirements of the National Association of School Psychologists (NASP). Justification for the amendment will be the expansion of the state certification assignment requirements for two special service positions, school psychologist, and associate school psychologist. The amendment will function by providing school districts more flexibility in meeting state certification assignment requirements for the positions of school psychologist and associate school psychologist. No comments were received regarding adoption of the amendment, however, subsection (c)(1) was editorially changed to clarify that the applicant for a professional associate school psychologist certificate must meet the requirements in paragraph (1) or (2). The proposed paragraph (3) has been renumbered paragraph (2). The amendment is adopted under the Texas Education Code, sec.13.032, which provides the State Board of Education with the authority to establish rules and regulations concerning the issuance of certificates and the standards and procedures for the approval or disapproval of colleges and universities offering programs of teacher education. sec.141.246. Requirements for Professional Special Education Certificates. (a) Professional school psychologist certificate. An applicant for a professional school psychologist certificate must have: (1) licensure as a psychologist by the Texas State Board of Examiners of Psychologists, and one of the following: (A)-(C) (No change.) (D) one year of experience in the schools rendering psychological services acceptable to the superintendent, and 12 semester hours of course work in education, including three semester hours in each of the following areas: (i) organization, administration, and financing of public schools; (ii) curriculum and instruction; (iii) education of handicapped children; and (iv) multicultural education; or (2) certification as a nationally certified school psychologist with a doctorate in school psychology; and (A) institutional recommendation as having completed an approved program in accord with sec.137.426 of this title (relating to School Psychologist (Special Education)); and (B) one year of experience in the schools rendering psychological services acceptable to the superintendent. This year may have been acquired during the internship which is normally a part of a doctoral degree in school psychology. (b) Intermediate school psychologist certificate. Intermediate certification, valid for one year subject to one year renewal, is available to an applicant who has: (1) institutional certification as having completed an institutional major in school psychology; or (2) licensure by the Texas State Board of Examiners of Psychologists and institutional certification as having completed a doctoral degree in a program the content of which is primarily psychological in nature from an accredited university or college and recommendation by the institution; or (3) eligibility to take the examination for licensing as a psychologist given by the Texas State Board of Examiners of Psychologists and one of the following: (A)-(B) (No change. ) (C) one year of experience in the schools rendering psychological services acceptable to the superintendent, and 12 semester hours of course work in education, including three semester hours in each of the following areas: (i) organization, administration, and financing of public schools; (ii) curriculum and instruction; (iii) education of handicapped children; and (iv) multicultural education; or (4) institutional recommendations as having completed an approved program in accord with sec.137.426 of this title; and (5) enrollment in or completion of a one-year internship in the schools. (c) Professional associate school psychologist certificate. An applicant for a professional associate school psychologist certificate must have: (1) certification by the Texas State Board of Examiners of Psychologists as a psychological associate, and one of the following: (A)-(C) (No change.) (D) one year of experience in the schools rendering psychological services acceptable to the superintendent, and 12 semester hours of course work in education, including three semester hours in each of the following areas: (i) organization, administration, and financing of public schools; (ii) curriculum and instruction; (iii) education of handicapped children; and (iv) multicultural education; or (2) certification as a nationally certified school psychologist with a graduate level degree in school psychology; and (A) institutional recommendation as having completed an approved program in accord with sec.137.427 of this title (relating to Associate School Psychologist (Special Education)); and (B) one year of experience in the schools rendering psychological services acceptable to the superintendent; this year may have been acquired during the internship which is normally a part of a graduate level degree in school psychology. (d) Intermediate associate school psychologist certificate. Intermediate certificate, valid for one year subject to one year renewal, is available for applicants who have: (1)-(2) (No change.) (3) one of the following: (A) a Texas teacher certificate; (B) three years of elementary or secondary school teaching experience or both in a state other than Texas; or (C) one year of experience in the schools rendering psychological services acceptable to the superintendent, and 12 semester hours of course work in education, including three semester hours in each of the following areas: (i) organization, administration, and financing of public schools; (ii) curriculum and instruction; (iii) education of handicapped children; and (iv) multicultural education; or (D) current enrollment in an institution of higher education with an approved psychology department program and one year internship in the schools, verified by the superintendent. (e) (No change.) 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 14, 1991. TRD-9114512 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: December 10, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 Subchapter N. Emergency Teaching Permits, Special Assignment Permits, and Temporary Classroom Assignment Permits 19 TAC sec.141.292, sec.141.293 The Texas Education Agency (TEA) adopts amendments to sec.141.292 and sec.141. 293, without changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5459). The amendment to sec.141.292 would exempt an individual from any increased fee or penalty for failure to renew a permit in a timely manner if the individual establishes to the satisfaction of the commissioner of education that the individual failed to renew the permit because of active duty in the United States armed forces in support of foreign military activity. The amendment to sec.141.293 rescinds all references to the citizenship requirement, because the 72nd Legislature, repealed the Texas Education Code, sec.13.044, which provided the statutory authority for rules requiring United States citizenship for teacher certification. Justification for the amendments will be the exemption of an individual from any increased fee or other penalty for failure to renew a permit in a timely manner, if the individual establishes to the satisfaction of the commissioner of education that the individual failed to renew the permit because of active duty in the United States armed forces in support of foreign military activity; and the elimination of the citizenship requirement for teacher certification. The amendment will function by allowing the exemption of any increased fee or other penalty for failure to renew a permit in timely manner under certain circumstances, and eliminate the citizenship requirement for teacher certification. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Education Code, sec.13.032(d)(3), which provides the State Board of Education with the authority to establish the requirements for issuance of an initial teaching certificate or renewal of an existing certificate. 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 14, 1991. TRD-9114513 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: December 10, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 Chapter 143. Assignment of Personnel Subchapter B. Assignment Requirements 19 TAC sec.143.11 The Texas Education Agency (TEA) adopts an amendment to sec.143.11, concerning requirements for assignment of school personnel, without changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5460). The amendment expands the state certification assignment requirements for two special service positions, school psychologist and associate school psychologist, to allow for more district flexibility through the additional option of completion of an approved program and national certification in accord with the standards for credentialing of school psychologists and certification requirements of the National Association of School Psychologists (NASP). Justification for the amendment will be the expansion of the state certification assignment requirements for two special service positions, school psychologist and associate school psychologist. The amendment will function by providing school districts more flexibility in meeting state certification assignment requirements for the positions of school psychologist and associate school psychologist. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.13.032, which provides the State Board of Education with the authority to establish rules and regulations concerning the issuance of certificates and the standards and procedures for the approval or disapproval of colleges and universities offering programs of teacher education. 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 14, 1991. TRD-9114514 Criss Cloudt Director, Planning Coordination Texas Education Agency Effective date: December 10, 1991 Proposal publication date: October 4, 1991 For further information, please call: (512) 463-9701 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 3. Income Assistance Services Subchapter G. Resources 40 TAC sec.3.704 The Texas Department of Human Services (DHS) adopts an amendment to sec.3. 704, in its Income Assistance Services chapter. The justification for the amendment is to comply with changes in the Mickey Leland Memorial Domestic Hunger Act (Public Law 101-624). The amendment will function by exempting resources of household members who receive Social Security Income (SSI) or Aid to Families with Dependent Children (AFDC) program benefits when determining eligibility for food stamps, if that resource is exempt under SSI or AFDC and if the income of SSI or AFDC recipient does not exceed the income limit. The amendment is adopted under the Human Resources Code, Title 2, Chap- ters 22 and 33, which authorizes the department to administer public and nutritional assistance programs. To comply with Public Law 101-624, the Mickey Leland Memorial Domestic Hunger Act, this federal mandate is adopted effective October 1, 1991. sec.3.704. Types. (a)-(c) (No change.) (d) Food stamps. Exclusions from resources for food stamps are those stipulated in sec.5(j) of the Food Stamp Act (United States Code 2014(j). 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 18, 1991. TRD-9114485 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 Subchapter AA. Special Households 40 TAC sec.3. 2711 The Texas Department of Human Services (DHS) adopts an amendment to sec.3. 2711, in its Income Assistance Services chapter. The justification for the amendment is to comply with changes in the Mickey Leland Memorial Domestic Hunger Act (Public Law 101-624). The amendment will function by modifying the age requirements from 18-60 to 18- 99 years of age for eligible students and extends eligibility for food stamps to students who are single parents or who participate in certain employment and training programs. The amendment is adopted under the Human Resources Code, Title 2, Chap- ters 22 and 33, which authorizes the department to administer public and nutritional assistance programs. To comply with Public Law 101-624, the Mickey Leland Memorial Domestic Hunger Act, this federal mandate is adopted effective October 1, 1991. sec.3.2711. Students. DHS determines the food stamp eligibility of students according to requirements stipulated in the Food Stamp Act sec.6(e) (7 United States Code 2015(e)). 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 18, 1991. TRD-9114484 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 15. Medicaid Eligibility Subchapter D. Resources 40 TAC sec.15.435 The Texas Department of Human Services adopts an amendment to sec.15.435, concerning death benefits, in its Medicaid Eligibility chapter. The amendment is a result of Public Law 100-203. The amendment is justified because it complies with federal requirements. It is also justified because it allows the client time to pay last illness and burial expenses before the death benefits affect his eligibility. The amendment will function by excluding death benefits as resources when they are used to pay last illness and burial expenses for the deceased. The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs, and Chapters 32, which authorizes the department to administer medical assistance programs. To comply with federal requirements, this federal mandate is adopted to be effective July 30, 1991. sec.15.435. Liquid Resources. (a)-(k) (No change.) (l) Death benefits. Public Law 100-203 excludes death benefits as income when they are used to pay the last illness and burial expenses of the deceased. The Social Security Administration has added a resource exclusion for the month following the month of receipt of these benefits. By excluding the payments as resources, the department is able to allow a reasonable time for the client to pay these expenses before the death benefits affect his eligibility. 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 18, 1991. TRD-9114486 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: July 30, 1991 For further information, please call: (512) 450-3765 Subchapter E. Income 40 TAC sec.15.450, sec.15.455 The Texas Department of Human Services adopts amendments to sec.15.450 and sec.15.455, concerning royalties and honoraria, in its Medicaid Eligibility chapter. These amendments result from the Omnibus Budget Reconciliation Act of 1990. The amendments are justified because they comply with federal require- ments. The amendments will function by treating certain royalties and honoraria as earned income. The amendments are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs, and Chapter 32, which authorizes the department to administer medical assistance programs. To comply with federal requirements, this Federal Mandate is adopted to be effective December 1, 1991. sec.15.450. Sources of Earned Income. Earned income may be in cash or in-kind. Payment of earned income may be: (1)-(5) (No change). (6) royalties earned in connection with the publication of a client's work and honoraria received for services rendered. sec.15.455. Unearned Income. (a)-(d) (No change.) (e) Other unearned income. Other sources of unearned income include: (1) -(2) (No change.) (3) royalties. When they become available, royalties that are not from self- employment or the publication of the client's work are unearned income. Expenses required for the production or collection of the income are excluded. Deductions are allowed from gross income for any production and severance taxes except Windfall Profit Taxes or property taxes. Royalties include payments to the holder of a patent or copyright or to the owner of a mine, oil well, or other property for the use of a product. (4) -(10) (No change.) 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 18, 1991. TRD-9114487 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: December 1, 1991 For further information, please call: (512) 450-3765 Chapter 30. Medicaid Hospice Program Subchapter A. Requirements 40 TAC sec.30.105 The Texas Department of Human Services (DHS) adopts an amendment to sec.30. 105, concerning eligibility, in its Medicaid Hospice Program chapter. The purpose of the amendment is to comply with the Omnibus Budget Reconciliation Act of 1990 (OBRA '90), sec.1905(c)(1)(A). OBRA 1990 mandates that Community Care for the Aged and Disabled (CCAD) services be offered in conjunction with hospice services. The section will function by authorizing the provision of more in-home community services to Medicaid recipients. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. The Federal Mandate is effective October 1, 1991, to comply with federal requirements. sec.30.105. Eligibility. (a) (No change.) (b) When a physician-diagnosed, terminally ill Medicaid recipient voluntarily elects the Medicare or Medicaid hospice programs, the recipient: (1) waives all rights to have payment made for hospice care provided by another hospice program; (2) waives all rights to have payment made for services; (A) related to the treatment of the terminal illness(es); (B) equivalent to (or duplicative of) hospice care; and (C) for which payment may otherwise be made under title XVIII of the Social Security Act; (3) may receive hospice care as a resident of a skilled nursing facility or intermediate care facility/mental retardation facility, but payment under the Medicaid State Plan shall be for hospice care only; and (4) does not waive his right to have payment made for the Texas Department of Human Services (DHS) services that are unrelated to the treatment of his terminal illness(es). (c)-(d) (No change.) 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 19, 1991. TRD-9114543 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 48. Community Care for Aged and Disabled Eligibility 40 TAC sec.sec.48.2902-48.2904, 48.2920, 48. 2924 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.48. 2902, 48.2903, 48.2904, 48.2920, and 48.2924, concerning eligibility, without changes to the proposed text as published in the October 4, 1991, issue of the Texas Register (16 TexReg 5506). Justification for the amendments will be a reduction in the amount of information a client is required to report and in the time caseworkers must spend verifying and documenting financial information. The amendments will function by streamlining CCAD income and resource policies. The changes exempt interest income, exclude livestock and life estates from countable resources, consider all food stamp recipients as financially eligible for CCAD services, and exclude some earned income before computing supervised living copayments. In addition, the department will no longer count any income of a client's minor children and will no longer deduct $200 per child. No comments were received regarding adoption of the amendments. The amendmetns are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department 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 18, 1991. TRD-9114488 Nancy Murphy Agency liaison, Policy and Document Support Texas Department of Human Services Effective date: January 1, 1992 Proposal publication date: October 4, 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 in open meetings on October 24, 1991 and October 31, 1991 adopted an amendment to Rule IV(a) of the Rules and Regulations Governing Pool and Servicing Companies of Assigned Risks of the Texas Workers' Compensation Insurance Facility pertaining to binding of coverage. The amendment to Rule IV(a) indicates that upon receipt and approval of an application accompanied by the deposit premium in the form of a cashier's check, money order, or bank draft, the executive director of the facility will bind coverage on behalf of the servicing company. The amended rule provides that whenever possible, coverage will be bound with an effective date of the existing coverage or the date requested by the applicant. The amended rule indicates that the facility may require up to, but not to exceed, 10 days for review of each application prior to binding coverage. The effective date of this amendment to Rule IV(a) of the Rules and Regulations Governing Pool and Servicing Companies of Assigned Risks of the Texas Workers' Compensation Insurance Facility pertaining to binding of coverage is 15 days after notice of this action is published in the Texas Register. The board adopted this amendment 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 19, 1991. TRD-9114567 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: December 11, 1991 For further information, please call: (512) 463-6328 The State Board of Insurance in an open meeting on October 24, 1991, adopted an amendment to Rule X(f) of the Rules and Regulations Governing Pool and Servicing Companies of Assigned Risks of the Texas Workers' Compensation Insurance Facility pertaining to the calculation, declaration, and levying of assessments against member companies. The amendment to Rule X(f) indicates for each calendar year prior to 1991, the facility shall calculate annually its operating results by calendar year. All incurred losses, including incurred but not reported losses, occurring on or before December 31, 1990 and any future development of those losses, shall be allocated to calendar year 1990. If there is a deficit or surplus from operations for a calendar year, the amount of the deficit or surplus shall be assessed or rebated to the insurance carriers licensed in this state who were members of the facility during the calendar year. The amendment further states that for calendar year 1991 and succeeding calendar years, the facility shall calculate annually its operating results including incurred losses and incurred but not reported losses on an accident year basis. Each accident year will remain open for four succeeding calendar years to allow losses to develop. Any development on losses for an accident year beyond the fourth year shall be accounted for in the next open accident year. If there is a deficit or surplus from operations for an accident year, the amount of the deficit or surplus shall be assessed or rebated to the insurance carriers licensed in this state who were members of the facility during the accident year. Each insurance carrier shall pay a proportion of the total assessment or receive a proportion of the total rebate based on its proportion of the total voluntary workers' compensation insurance writings during the corresponding calendar year. Lastly, the amendment indicates that beginning with calendar year 1990, assessments shall be calculated on a present value basis using a discount rate to be determined by the governing committee. The effective date of this amendment to Rule X(f) of the Rules and Regulations Governing Pool and Servicing Companies of Assigned Risks of the Texas Workers' Compensation Insurance Facility pertaining to the calculation, declaration, and levying of assessments against member companies is 15 days after notice of this action is published in the Texas Register. The board adopted this amendment 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 filed 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 19, 1991. TRD-9114568 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: December 11, 1991 For further information, please call: (512) 463-6328 The State Board of Insurance in open meeting on October 24, 1991, adopted an amendment to Article XII, sec.4c of the By-Laws of the Texas Workers' Compensation Insurance Facility pertaining to the Small Premium Policy Plan. The amendment to the by-laws increases the estimated number of small premium policies from 90,000 to 120,000. By increasing the number of small premium policies, each designated insurers' proportionate share of small premium policies to be written through the Small Premium Policy Plan in calendar year 1991 will also be increased. The effective date of this amendment to Article XII, sec.4c of the by-laws of the Texas Workers' Compensation Insurance Facility is 15 days after notice of this action is published in the Texas Register. The board adopted this amendment 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 filed pursuant to the Insurance Code, Articles 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 19, 1991. TRD-9114569 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: December 11, 1991 For further information, please call: (512) 463-6328