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 29. Texas Agricultural Diversification Program Grant and Loan Program 
Rules
4 TAC sec.sec.29.1-29.13
The Texas Department of Agriculture (the department) adopts sec.sec.29.1-29.13, 
concerning rules for the administration of the Texas Agricultural 
Diversification Program (TADP) matching grants program. Sections 29.2-29.4 and 
29.6-29.11 are adopted with changes, as published in the October 18, 1991, issue 
of the Texas Register (16 TexReg 5759). Sections 29.1, 29.5, 29.12 and 29. 13 
are adopted without changes and will not be republished.
The new sections are adopted to provide persons interested in seeking funding 
under the Texas Agricultural Diversification Act grant and loan programs with 
information regarding the categories of grants and/or loans available and the 
application process. The new sections provide a statement of purpose for the 
Texas Agricultural Diversification Act grant and loan programs, definitions of 
terms, categories of grants and/or loans provided under the program, criteria 
for all grants, and information regarding submission of pre-proposals and 
proposals under the grant programs.
Section 29.2 is adopted with changes. The definition of commissioner has been 
added to clarify that the term when used in Chapter 29 refers to the 
commissioner of agriculture. Section 29.3 is adopted with changes in response to 
comments received and to make this section consistent with the provisions of the 
Texas Agricultural Diversification Act. The listing of a board representative to 
be appointed by the lieutenant governor as an ex officio nonvoting member was 
inadvertently omitted and has been added. The section was further amended to 
provide that annual reports to ex officio members are to be provided for both 
the Agricultural Diversification Program and the Rural Microenterprise Program. 
Other changes have been made throughout the new sections for purposes of 
clarification, to delete repetitive or unnecessary language, and to correct 
grammatical errors.
Comments were received from two persons. As previously stated, one commenter 
noted the omission in sec.29.3 of the board representative to be appointed by 
the lieutenant governor and requested the addition of that member. That section 
has been amended to reflect that comment and request. Another commenter 
requested clarification as to whether the terms "institution" and "local 
nonprofit organization" as used in proposed sec.29.6(b) and sec.29.8(b) included 
a state agency. The department does not believe that the legislative intent was 
to include state agencies in the definitions of "institution" and/or "local 
nonprofit organization" as such an interpretation would, in effect, result in 
the transfer of funds from one state agency to another.
The new sections are adopted under the Texas Agriculture Code, Chapter 44, which 
authorizes the commissioner of agriculture, with the assistance and approval of 
the Texas Agricultural Diversification Program board of directors, to create and 
implement agricultural diversification programs authorized under Chapter 44, 
including recommending additional criteria for the awarding of grants and loans 
authorized under Chapter 44.
sec.29.2. Definitions.  The following words and terms, when used in this chapter 
shall have the following meanings, unless the context clearly indicates 
otherwise.
   Act-The Texas Agricultural Diversification Act, Texas Agriculture Code, 
Chapter 44.
   Board-The board of directors of the Texas Agricultural Diversification 
Program.
   Business day-A day on which the department is open for business. The term 
shall not include Saturday, Sunday, or a holiday officially observed by the 
state. The department's normal business hours are 8 a.m. to 5 p. m. each 
business day.
   Commissioner-The commissioner of agriculture
   Department-The Texas Department of Agriculture.
   Nonprofit organization -A not for profit local, community, or regional 
organization that can demonstrate its non-profit status by providing one of the 
following:
(A) a copy of the Internal Revenue Service ruling, indicating tax-exempt status;
(B) a copy of the Texas Secretary of State charter indicating nonprofit status; 
or
(C) documentation of its status as an educational institution recognized by the 
State of Texas.
   Small business incubator-A nonprofit development agency that provides 
concentrated business assistance services to new small agriculture enterprises.
   Sponsor-A nonprofit organization located in the State of Texas.
sec.29.3. Board of Directors.
(a) A board of directors is established for the Agricultural Diversification 
Program. The board is comprised of the commissioner of agriculture, the director 
of the Institute for International Agribusiness Studies at Prairie View A&M 
University, and four members appointed by the governor with the advice and 
consent of the senate. The governor shall appoint the chairman of the board.
(b) The speaker of the house of representatives shall appoint one state 
representative as an ex officio nonvoting member of the board and the lieutenant 
governor shall appoint one state senator as an ex officio nonvoting member of 
the board. The commissioner shall provide annual reports to the ex officio 
members accounting for the receipt and use of all gifts and grants of money from 
the federal government, any local government, or any private corporation or 
other person for the Agricultural Diversification Program and the Rural 
Microenterprise Program.
(c) Members of the board serve terms of two years expiring January 1 of each 
odd-numbered year.
(d) The board members are entitled to actual and necessary expenses incurred in 
carrying out their official duties.
(e)  The board shall assist the commissioner in the creation and implementation 
of the Agricultural Diversification Program, including recommending additional 
criteria for the awarding of grants.
(f) If a vacancy occurs on the board, the governor, the speaker, and/or the 
lieutenant governor shall appoint another individual to complete the term.
sec.29.4. Criteria for all Grants. In evaluating applications for grants under 
the Act, the commissioner and the board shall consider:
(1)  the scientific and technical merit of the application;
(2) the anticipated benefits arising from a grant to the applicant, including 
both potential job creation and commercial benefits to the agricultural 
industry;
(3) the market value of the assets of the applicant;
(4) the qualifications of the applicant;
(5) the reasonableness of the applicant's proposed budget;
(6)  the extent and level of other funding sources for the applicant;
(7)  the funding commitments needed for continued development; and
(8)  the present involvement and support of local organizations, including 
educational organizations.
sec.29.6. Research and Innovation Grant.
(a) Purpose. The purpose of a research and innovation grant shall be to support 
research and innovation leading to organizational or marketing improvements in 
business based on agriculture or to the commercialization of new crops, new 
agricultural products, or new productions processes.
(b) Eligibility. A recipient of a research and innovation grant must be a 
nonprofit sponsor organization affiliated with a small business in a project 
meeting the requirements of subsection (a) of this section.
(c) Match. A recipient of a research and innovation grant must match the amount 
of state grant with an equal amount of other money (cash), with at least one-
half of the matching money (cash) coming from the private sector.
(d) Award process. The commissioner shall review and evaluate each research and 
innovation grant application submitted under this section and award the grants 
with the advice and consent of a majority of the board.
(e) Amount. A research and innovation grant under this section may not exceed 
$30,000.
sec.29.7. Business Assistance Grant.
(a) Purpose. The purpose of a business assistance grant is to increase the 
capabilities of community and regional organizations to provide training and 
assistance to new and expanding businesses based on agriculture.
(b) Eligibility. A recipient of a business assistance grant must be a nonprofit 
sponsor organization.
(c)  Match. A recipient of a business assistance grant must match the amount of 
the grant with an equal amount of other money (cash).
(d) Award process. The commissioner shall review and evaluate each business 
assistance grant application submitted under this section and award the grants 
with the advice and consent of a majority of the board.
(e) Amount. A business assistance grant may not exceed $30,000.
sec.29.8. Small Business Incubator Grant.
(a) Purpose. The purpose of a small business incubator grant is to provide seed 
money for self-financing small business incubators. These incubators shall 
provide business services to small enterprises that process or market 
agricultural crops in the state or that produce alternative agricultural crops 
in this state.
(b) Eligibility. A recipient of a small business incubator grant must be a 
nonprofit sponsor organization.
(c) Match. A recipient of a small business incubator grant must match the amount 
of grant with assets valued at $3. 00 for every $1.00 of the state grant. The 
grant must be used primarily for professional services. The match may be in the 
form of land, buildings, business assistance, and dedicated loan pools as well 
as cash contributions.
(d)  Award process. The commissioner shall review and evaluate each grant 
application submitted under this section and award the grants with the advice 
and consent of a majority of the board.
(e) Amount. A small business incubator grant may not exceed $100,000.
sec.29.9. Schedule of Grant Awards.
(a) Technical review of the pre-proposals and full proposals for eligibility and 
satisfaction of the matching requirements will be made by staff of the 
department and evaluations of satisfaction of the criteria set forth in sec.29.4 
of this title (relating to Criteria for All Grants) will be made by the board.
(b) The schedule for applications and awarding of yearly grant awards will be 
determined by the department each year.
(c) A typical grant award schedule is as follows:
(l) Step 1:
(A) posting of the solicitation in the Texas Register;
(B)  mail-out of pre-proposal to nonprofit organizations and others;
(2)  Step 2:
(A) deadline for submission of pre-proposals to the department;
(B) technical review by staff of the department;
(C)  distribution of pre-proposals to the board for evaluation;
(3) Step 3:
(A) completed evaluations from the board are due back to the department;
(B) assessment of results and ranking of candidates by the board;
(C) invitation to submit full proposals are mailed to top candidates selected by 
the board;
(4) Step 4:
(A) deadline for submission of full proposals to the department;
(B) technical review by staff of the department;
(C) distribution of full proposals to the board for evaluation;
(5) Step 5:
(A) completed evaluations from the board are due back to the department;
(B) assessment of results and ranking of candidates by the board;
(6) Step 6:
(A)  meeting of board and awarding of grants;
(B) notification of awards are mailed to grantees.
sec.29.10. Format for Pre-Proposal.
(a) The pre-proposal is a shorter version of the full proposal in a form 
promulgated by the department and is used to provide an initial assessment of 
the project.
(b) Any pre-proposal that is incomplete or received after the due date 
established by the department will be rejected by the department in technical 
review.
(c)  The pre-proposal must contain the following:
(1) a TDA title page consisting of three sections:
(A) a general information section;
(B) a project budget; and
(C) a breakdown of matching funds;
(2) a summary of the project of no more than three single-spaced pages 
including:
(A) a description of the project:
(B) a statement of the project's purpose;
(C) the program objective(s) it will address;
(D) the potential economic impact to the Texas agricultural industry;
(E) the list of project objectives; and
(F) the plan for the dissemination of information regarding the project.
(3) a resume on the principal investigator.
sec.29.11. Format for Full Proposal.
(a) The full proposal is more detailed and must contain background information, 
supporting letters and documentation on the matching funds, all in a form 
promulgated by the department. Any full proposal that is incomplete or received 
after the due date established by the department will be rejected by the 
department in technical review.
(b) The full proposal must contain the following:
(1) a TDA title page consisting of three sections;
(A) a general information section:
(B) a project budget; and
(C) a breakdown of matching funds.
(2) a summary of the project of no more than eight single-spaced pages which:
(A) describes the project in detail and clearly states the purpose of the 
project;
(B) identifies the program objective(s) the project will address;
(C) describes the potential economic impact to the Texas agricultural industry;
(D) lists the project's objectives; and
(E) describes the plan for the dissemination of information regarding the 
project.
(3) proof of the sponsor's nonprofit status in any of the following ways:
(A) by providing a copy of Internal Revenue Service ruling indicating tax-exempt 
status;
(B) by providing a copy of the sponsor's charter from the Texas Secretary of 
State, indicating nonprofit status; or
(C) if a university, community college, or other educational institution, by 
providing a written statement explaining the sponsor's educational status as 
recognized by the state and signed by the principal investigator;
(4) a work plan for the project listing the anticipated accomplishments and a 
timetable.
(5)  resumes of the principal investigator and key personnel involved on the 
project;
(6) documentation of matching funds for cash or in-kind matches as follows:
(A) for research and innovation grants, letters of commitment signed by an 
officer or other official of the applicant and private sector donor for the cash 
matches required under sec.29.6(c) of this title (relating to Research and 
Innovation Grant) as well as any additional in-kind matches;
(B) for business assistance grants, letters of commitment signed by an officer 
or other official of the applicant for the cash match required under sec.29.7 of 
this title (relating to Business Assistance Grants) as well as any additional 
in-kind match;
(C) for small business incubator grants, letters of commitment signed by an 
officer or other official of the applicant for the in-kind match required under 
sec.29.8 of this title (relating to Small Business Incubator Grants) as well as 
any cash match;
(7)  letters of support from local, state, and federal organizations.
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 25, 1991.
TRD-9114792
Dolores Alvarado Hibbs
Chief Administrative Law Judge
Texas Department of Agriculture
Effective date: December 16, 1991
Proposal publication date: October 18, 1991
For further information, please call: (512) 463-7583
       
TITLE 7. BANKING AND SECURITIES
Part VII. State Securities Board
Chapter 105. Rules of Practice and Procedure
7 TAC sec.105.10
The State Securities Board adopts an amendment to sec.105.10, concerning 
assessment of costs of preparation of the record upon appeals of agency final 
decisions or orders. The section is adopted without changes to the proposed text 
as published in the August 9, 1991, issue of the Texas Register  (16 TexReg 
4321).
A party involved in an administrative proceeding may be assessed the costs of 
preparation of the record of the agency proceeding that is required to be 
transmitted to the reviewing court in the event that the agency's decision is 
appealed.
The section provides notice that a reviewing court may assess these costs 
against the appealing party.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 581, sec.28-1, 
which provide that the board may make or adopt rules or regulations governing 
registration statements, applications, notices, and reports, and in the adoption 
of rules and regulations, may classify securities, persons, and matters within 
its jurisdiction, and prescribe different requirements for different classes.
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 25, 1991.
TRD-9114775
Richard D. Latham
Securities Commissioner
State Securities Board
Effective date: December 16, 1991
Proposal publication date: August 9, 1991
For further information, please call: (512) 474-2233
       
Chapter 109. Transactions Exempt from Registration
7 TAC sec.109.14
The State Securities Board adopts an amendment to sec.109.14, to create a new 
exemption by rule for transactions among persons in the oil and gas industry and 
to clarify when dealer registration requirements are applicable. The section is 
adopted with changes to the proposed text as published in the August 9, 1991, 
issue of the Texas Register (16 TexReg 4322). The changes include a revised 
description in subsection (d)(1)(A) of persons who may rely upon the exemption, 
the addition of a new subsection (d)(2) regarding offers not made 
indiscriminately, a revision of originally proposed subsection (d)(2) into a new 
subsection (d)(3) to pick up additional persons who will be considered to be an 
"agent for the owner," and needed clarifications to subsection (e) concerning 
agent registration.
The section is needed in order to clarify that registration under the Securities 
Act is not required when participants in the oil, gas, and other mineral 
industries buy, sell, and/or trade certain interests among themselves.
The section creates a new exemption by rule under the Act, Section 5.T, for the 
described transactions between the described persons.
Several commenters suggested changes to subsection (d)(1)(A) which sets forth 
the description of persons who may rely upon the exemption. The board decided 
that the appropriate question ought to be whether or not one is engaged in the 
business of exploring for or producing oil, gas, or other minerals as an ongoing 
business or is engaged in the practice of a profession or related discipline. 
This approach is preferable to setting forth an income or revenue test. The 
agency agrees with the comment that a purchaser would be able to purchase with a 
view to resale as long as the view to resale contemplates sales only to other 
industry participants or pursuant to another exemption or a registration under 
the Act. One commenter thought that subsection (d)(l) might be viewed as being 
in conflict with subsection (e) since the section specifically includes auction 
situations. The agency revised subsection (e) to make it more clear that dealer 
registration is required any time a sale is actually made to a person that does 
not meet the description in subsection (d)(l)(A). Also, as to offers, the 
reasonable belief test set forth in subsection (d)(l) would apply and mitigates, 
to some extent, the commenter's concern. Several commenters suggested that the 
list of persons required to be registered be revised to exclude other persons 
who could appropriately be viewed as agents for the owner. Under subsection (d) 
(3) and (e), this has been done. One commenter suggested that an inadvertent 
offer to one not meeting the description in subsection (d)(l)(A) should not 
vitiate the exemption. The Agency agrees and accordingly added new subsection 
(d) (2).
Stubbeman, McRae, Sealy, Laughlin & Browder, Inc., Attorneys at Law, Chevron 
U.S.A., Inc., Fina Oil and Chemical Company, Texaco Inc., Vinson & Elkins, 
Attorneys at Law, and Kunzman & Bollinger, Inc., Attorneys at Law commented in 
favor of the adoption.
The agency disagrees with the comment suggesting that a revision to provide that 
the reasonable belief test would be met if a document were signed by an offeree 
to the effect that such offeree met the description in subsection (d)(l) (A), 
and the document was received by the owner or owner's agent. The agency takes 
the position that to add such a provision might, in effect, invite offerees to 
sign such documents when all of the parties know such documents to be false. 
Also, other exemptions under the Act do not spell out what will suffice to meet 
the test and there appears to be no compelling reason to do so in this section. 
However, the agency added subsection (d)(2) which clarifies that an offer to a 
person who did not meet the criteria in paragraph (l)(A)-(C) will not cause the 
exemption to be lost if such offer was not made indiscriminately.
The amendment is adopted under Texas Civil Statutes, Article 581, sec.28-1 and 
sec.5.T, which provide that the board may make or adopt rules or regulations 
governing registration statements, applications, notices, and reports, and in 
the adoption of rules and regulations, may classify securities, persons, and 
matters within its jurisdiction, and prescribe different requirements for 
different classes and create new exemptions by rule.
sec.109.14. Oil, Gas, and Other Mineral Interests.
(a)-(c) (No change.)
(d) Exemption for transactions among persons in the oil and gas industry.
(1) In addition to offers and sales made pursuant to the Act, sec.5.Q, the State 
Securities Board, pursuant to the Act, sec.5.T, exempts from the securities 
registration requirements of the Act, sec.7, and the dealer and agent 
registration requirements of the Act, sec.12 and sec.18, the offer and sale of 
any interest in or under an oil, gas or mining lease, fee or title, or payments 
out of production in or under such leases, fees, or titles or contracts relating 
thereto by the owner or an agent for the owner when such offer or sale is made 
to persons and/or companies each of whom the owner or owner's agent shall have 
reasonable cause to believe and does believe meets the following criteria:
(A) is engaged in the business of exploring for or producing oil, gas, or other 
minerals as an ongoing business or is engaged in the practice of a profession, 
or discipline, which is directly related to the exploration for, production of, 
refining of or marketing of oil, gas or other minerals such as the interest 
being sold; or
(B) is a landman, drilling company, well service company, production company, 
refining company, geologist, geophysicist, petroleum engineer, earth scientist; 
or
(C) is an executive officer of a company whose primary plan of business involves 
either subparagraphs (A) or (B) of this paragraph.
(2) The offer to a person who did not meet the criteria set forth in paragraph 
(l)(A)-(C) of this subsection will not cause the exemption to be lost if such 
offer was not made indiscriminately.
(3)  For purposes of this rule, an "agent for the owner" includes the following:
(A) officers, directors, and employees who are actively engaged in the day-to-
day activities of the owner;
(B) independent landmen, engineers, geologists, and consultants who have a 
contractual working relationship with the owner;
(C) persons who meet the dealer registration requirements of the Securities Act, 
sec.12; and
(D) persons who represent the owner in transactions exclusively with persons 
described in paragraph (l)(A)-(C) of this subsection.
(4) This exemption includes sales at auction.
(e) Any person who acts as an agent of an owner or a purchaser in connection 
with a sale of an interest described in subsection (d) of this section to a 
person who does not meet the criteria set forth in paragraph (l)(A)-(C) of this 
section, will not be exempt from the dealer registration requirements of the 
Act, sec.12, unless another exemption is available.
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 25, 1991.
TRD-9114776
Richard D. Latham
Securities Commissioner
State Securities Board
Effective date: December 16, 1991
Proposal publication date: September 9, 1991
For further information, please call: (512) 474-2233
       
TITLE 10. COMMUNITY DEVELOPMENT
Part I. Texas Department of Housing and Community Affairs
Chapter 9. Texas Community Development Program
Subchapter A. Allocation of Program Funds
10 TAC sec.sec.9.2, 9.4-9.6, 9.8
The Texas Department of Housing and Community Affairs (the department) adopts 
new sec.sec.9.2, 9.4-9.6, and 9.8, concerning allocation of program funds. 
Section 9.8 is adopted with changes to the proposed text as published in the 
October 29, 1991, issue of the Texas Register (16 TexReg 6109). Sections 9.2 and 
9.4-9.6 are adopted without changes and will not be republished.
The new sections establish the standards and procedures by which the department 
allocates community development, planning/capacity building, emergency, and 
urgent need funds to eligible units of general local government. The 
administration of the Texas Community Development Program was transferred to the 
department from the Texas Department of Commerce on September 1, 1991, pursuant 
to Senate Bill 41, 72nd Legislature, Second Called Session. The new sections are 
the same as the rules that governed the Texas Community Development Program at 
the Texas Department of Commerce as of August 31, 1991.
The new sections include application requirements, regional review committees, 
citizen participation requirements for applicants and contractors, and selection 
procedures and criteria.
No comments were received regarding the new sections. The department has 
corrected sec.9.8(c)(3) by deleting the requirement that an alternate for a 
regional review committee must by a local elected official.
The new sections are adopted under Texas Civil Statutes, Article 4413(501), 
sec.2.07, which provide the department with the authority to allocate community 
development block grant nonentitlement area funds to eligible counties and 
municipalities.
sec.9.8. Regional Review Committees.
(a) Composition. There is a regional review committee in each of the 24 state 
planning regions. Each committee consists of at least 12 members appointed by 
the governor. Composition of each regional committee reflects geographic 
diversity within the region, difference in population among eligible localities, 
and types of government (general law cities, home rule cities, and counties). 
The chairperson of the committee is also appointed by the governor. Members of 
the committee serve two-year terms. An individual may not serve as a member of a 
regional review committee while serving as a member of the State Community 
Development Review Committee.
(b) Role. Each regional review committee reviews and scores all applications 
submitted from within its region under the Community Development Fund. Each 
regional review committee may review and comment on other Texas Community 
Development Program applications. Each regional review committee sends its 
scores and comments to the department. Regional review committees may elect to 
utilize staff of regional planning commissions to assist with project review 
responsibilities.
(c) General requirements. In the performance of its responsibilities, each 
regional review committee shall comply with all federal and state laws and 
regulations relating to the administration of community development block grant 
nonentitlement area funds including, but not limited to, requirements of this 
subchapter, the scoring procedures specified in the current Regional Review 
Committee Guidebook, and the procedures established by the regional review 
committee under the Texas Community Development Program.
(1) Meetings. Each meeting held by a regional review committee shall conform to 
the following requirements.
(A) The regional review committee shall notify each eligible unit of general 
local government within the regional review committee's state planning region, 
in writing, of the date, time, and location of its organizational meeting at 
least five days prior to the meeting. The regional review committee shall notify 
each applicant within its region, in writing, of the date, time, and location of 
its scoring meeting at least five days prior to the meeting. The notices must be 
in the format specified by the department in the most recent Regional Review 
Committee Guidebook. The notices must also be published in a regional newspaper 
at least three days prior to the meeting. Articles published in such newspapers 
which satisfy the content and timing requirements of this subparagraph will be 
accepted by the department in lieu of publication of notices.
(B) Each applicant shall be provided with the opportunity to make a presentation 
to the regional review committee at its scoring meeting.
(C) The order of the presentations shall be randomly selected by the regional 
review committee.
(D) All discussions, deliberations, and votes shall be made in public except for 
items which would be specifically exempted under the Texas Open Meetings Act. 
The scoring of applications must occur at the same meeting of the regional 
review committee at which the presentations by applicants are made.
(E) A quorum of a simple majority of the current members of the regional review 
committee, rounded to the nearest whole number, shall be present. Any actions 
taken by a regional review committee in which a quorum was not present shall be 
voidable, provided however, that if a conflict of interest situation has 
required a regional review committee member to excuse himself, thus dropping the 
number of participating members below the simple majority requirement, a quorum 
shall have been considered present.
(2) Conflicts of interest. No member of a regional review committee shall vote 
on an application if the member is on the governing body of the applicant. A 
county judge or county commissioner may not score an application from an 
incorporated city within the county, unless specifically authorized by the 
regional review committee.
(3) Voting. Only appointed members of a regional review committee may vote on an 
action of the regional review committee. A regional review committee member may 
designate an alternate to participate in the member's absence. Each regional 
review committee shall retain all ballots or other voting records used by its 
members. Such records shall be maintained in an accessible location and be made 
available for inspection by the public for a period of one year. Each member of 
a regional review committee shall score each application individually and shall 
sign each of his or her ballots and other voting records or scoring sheets. The 
high and low scores are eliminated and the average of the remaining individual 
scores is the regional review committee's score on each scoring factor. 
Consensus scoring is not permitted.
(4) Scoring procedures. Each regional review committee must submit its scoring 
procedures to the department for approval before the procedures are disseminated 
to all eligible applicants in its region.
(d) Appeals. An applicant may appeal the actions of the regional review 
committee established in its state planning region by following the procedures 
set forth in this subsection. The department will withhold the running of 
computer scores on community development fund applications for five working days 
after the regional review committee's scoring meeting or until all regional 
appeals, if any, have been resolved, whichever is longer. A regional review 
committee must provide written notification of each appeal to all applicants in 
the region. An applicant that is adversely affected by the action of its 
regional review committee on an appeal, may appeal that action in accordance 
with the procedures specified in this subsection.
(1)  An applicant shall notify its regional review committee, in writing, of an 
alleged violation of regional review committee procedures committed by the 
regional review committee within five working days after the date of the 
regional review committee meeting which is the subject of the appeal. The 
applicant shall also send a copy of the appeal to the department. All appeals 
must be based on a specifically identified violation of regional review 
committee procedures.
(2) Within 10 working days after the receipt of an appeal, the regional review 
committee shall notify all the applicants within its region that the regional 
review committee will reconvene to hear the appeal. If a quorum of the regional 
review committee agrees that the alleged procedural violation occurred, the 
regional review committee shall sustain the appeal, make appropriate adjustments 
to regional scores, and notify the department. If a quorum of the regional 
review committee votes to deny the appeal, the regional review committee shall 
provide all applicants in the region and the department with a written statement 
of the basis of its denial.
(3) If the appeal is resolved, the department runs the computer scores and 
provides funding recommendations to the State Review Committee.
(4) If the appeal is not resolved, the department prepares an appeal file for 
the State Review Committee. The file includes:
(A) the appeal;
(B) the response of the regional review committee;
(C) department staff reports; and
(D)  comments of other interested parties.
(5) The State Review Committee shall make one of the following recommendations 
to the executive director of the department:
(A) sustain the appeal and suggest corrective actions; or
(B) reject the appeal and sustain the regional scores.
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 December 2, 1991.
TRD-9114965
Anne O. Paddock
Interim Assistant General Counsel
Texas Department of Housing and Community Affairs
Effective date: December 23, 1991
Proposal publication date: October 29, 1991
For further information, please call: (512) 320-9526
       
TITLE 13. CULTURAL RESOURCES
Part I. Texas State Library and Archives Commission
Chapter 1. Library Development
Library Services and Construction Act Annual Program and Long Range Plan
13 TAC sec.1.21
The Texas State Library and Archives Commission adopts an amendment to sec.1. 
21, without changes to the proposed text as published in the June 28, 1991, 
issue of the Texas Register (16 TexReg 3571).
The amendment is adopted to comply with the Code of Federal Regulations, Title 
34, Part 770, Subpart C, which relates to the Library Services and Construction 
Act, 20 United States Code 351 et seq.
The amendment revises the Federal Library Services and Construction Act Long 
Range Plan and Annual Program to describe the types of financial assistance and 
services that will be provided to libraries and systems of libraries.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, Chapter 441, sec.009, which 
gives the Texas State Library and Archives Commission the authority to adopt a 
state plan for improving library services in Texas.
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 22, 1991.
TRD-9114739
Raymond Hitt
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: December 16, 1991
Proposal publication date: June 28, 1991
For further information, please call: (512) 463-5440
       
13 TAC sec.1.23, sec.1.31
The Texas State Library and Archives Commission adopts the repeal of sec.1. 23, 
and sec.1.31, without changes to the proposed text as published in the June 28, 
1991, issue of the Texas Register (16 TexReg 3571).
The repeals will remove redundant sections from the Texas Administrative Code.
The guidelines contained in the repealed sections are now incorporated in 
sec.1.21 which is being adopted in this issue.
No comments were received regarding adoption of the repeals.
The repeals are adopted under the Government Code, Chapter 441, sec.009, which 
gives the Texas State Library and Archives Commission authority to adopt a state 
plan for improving library services in Texas.
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 22, 1991.
TRD-9114740
Raymond Hitt
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: December 16, 1991
Proposal publication date: June 28, 1991
For further information, please call: (512) 463-5440
       
Standards for Accreditation of a Major Resource System of Libraries in the Texas 
Library System
13 TAC sec.1.72
The Texas State Library and Archives Commission adopts an amendment to sec.1. 
72, without changes to the proposed text as published in the June 28, 1991, 
issue of the Texas Register (16 TexReg 3572).
Public libraries are required by the Library Systems Act to be "freely open." 
The amendment defines the library services for which a public library can or 
cannot collect money from a library user.
The amendment specifies the services for which a public library can or cannot 
collect a fee, fine, or other charge form a library user. It also prohibits the 
provisions of library services for a charge on the library premises by 
individuals or organizations other than the library; renting books or 
audiovisuals is no longer permitted in the library by other organizations, such 
as Friends of the Library groups. The Texas State Library and Archives 
Commission checks compliance with the rule during its review of each library's 
Annual Report and system Membership Application.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, Chapter 441, sec.136, which 
gives the Texas State Library and Archives Commission the authority to adopt 
rules for the administration of the Library Systems 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 22, 1991.
TRD-9114741
Raymond Hitt
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: December 16, 1991
Proposal publication date: June 28, 1991
For further information, please call: (512) 463-5440
       
TITLE 16. ECONOMIC REGULATION
Part I. Railroad Commission of Texas
Chapter 5. Transportation Division
Subchapter B. Operating Certificates, Permits and Licenses
16 TAC sec.5.32
The Railroad Commission of Texas adopts an amendment to  sec.5.32, concerning 
the transportation of bulk lime and bulk salt with changes to the version as 
published in the September 17, 1991, issue of the Texas Register  (16 TexReg 
5117). The amendment will allow a specialized motor carrier with a certificate 
authorizing the transportation of dry bulk commodities in hopper equipment to 
transport those commodities in pneumatically-unloaded hopper equipment. This 
will enable carriers to take advantage of equipment innovations and will provide 
the public with the option of having dry bulk commodities, that are transported 
in hopper equipment, unloaded by use of gravity or by air pressure.
The amendment is adopted with changes in order to avoid confusion as to 
applicable equipment and to further clarify that the amendment is merely for the 
purpose of defining hopper equipment by configuration and not by unloading 
method. Furthermore, language has been added in order to make it clear that 
equipment restrictions in existing certificates will remain in force.
No comments were received in support of the proposed amendment. Numerous 
comments were received in opposition to the amendment, including comments of 
Texas Tank Carriers Associations, Inc. Commenters primarily stated a concern 
that this amendment would allow expansion of authority by rule-making, and that 
it would adversely affect or even eliminate pertinent equipment restrictions in 
existing certificates. A few commenters expressed confusion about the scope of 
equipment and commodities referenced in the amendment.
The commission does not agree that this rule-making will have the effect of 
granting new authority or expanding existing authority by rule-making, or that 
it will affect the validity of restrictions in existing certificates. The 
amendment as adopted merely reflects that the definition of hopper equipment is 
not dependent on the method of unloading that equipment. The amendment is 
restricted to hopper equipment only. Furthermore, in order to clear any 
confusion about the scope of equipment or equipment restrictions, the reference 
to dump unloading has been eliminated and language has been added which 
specifically addresses equipment restrictions in existing certificates.
The amendment is adopted under the Texas Motor Carrier Act, Texas Civil 
Statutes, Article 911b, which authorizes the Railroad Commission on Texas to 
regulate motor carriers in all matters.
sec.5.32. Specialized Motor Carriers of Dry Bulk Commodities.
(a) All specialized motor carrier certificates which authorize the 
transportation of bulk lime or bulk salt include the authority to transport said 
commodities in pneumatic trailer equipment.
(b) All specialized motor carrier certificates which authorize the 
transportation of dry bulk commodities in hopper equipment shall include 
pneumatically-unloading hopper equipment, rules otherwise restricted as to 
equipment.
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 25, 1991.
TRD-9114818
Martha V. Swanger
Hearings Examiner, Gas Utilities/LP Gas Section Legal Division
Railroad Commission of Texas
Effective date: December 17, 1991
Proposal publication date: September 17, 1991
For further information, please call: (512) 463-7095
       
TITLE 19. EDUCATION
Part II. Texas Education Agency
Chapter 75. Curriculum
Subchapter B. Essential Elements Prekindergarten-Grade Six
19 TAC sec.sec.75.21-75.29
The Texas Education Agency adopts the repeal of sec.sec.75.21-75.29 concerning 
curriculum, without changes to the proposed text as published in the October 25, 
1991, issue of the Texas Register (16 TexReg 5957). The sections are being 
repealed and reproposed in a separate submission as a result of the five-year 
curriculum review process, preliminary discussions with the State Board of 
Education, and changes in content that were included in Proclamations 68, 1991, 
and 1992. Proclamation 1992 is scheduled to be presented to the board for 
approval in January 1992.
Justification for the repeals will be the revision of curriculum essential 
elements to reflect content changes made in Textbook Proclamations 68, 1991, and 
1992.
The repeals will function by allowing school districts sufficient time to update 
curriculum guides and materials and to plan staff development programs for 
implementing new textbooks based on the reviewed essential elements, assist 
publishers in developing teacher editions with references to the revised 
essential elements, and assist textbook reviewers in reviewing coverage of the 
revised essential elements in the textbooks.
No comments were received regarding adoption of the repeals.
The repeals are adopted under the Texas Education Code,  sec.21.101, which 
provides the State Board of Education with the authority to adopt rules 
designating the essential elements for a well-balanced curriculum for state 
school districts.
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 21, 1991.
TRD-9114988
Criss Cloudt
Director, Planning Coordination
Texas Education Agency
Effective date: December 23, 1991
Proposal publication date: October 25, 1991
For further information, please call: (512) 463-9701
       
19 TAC sec.sec.75.21-75.31
The following adoption submitted by the Texas Education Agency will be 
serialized in the December 10, 1991, issue of the  Texas Register.  The 
effective date of the adoption is December 23, 1991.
Subchapter C. Essential Elements-Grade Seven-Eight
19 TAC sec.sec.75.41-75.44, 75.47-75.51
The Texas Education Agency adopts amendments to sec.sec.75.41-75.44 and 75. 47-
75.51, concerning the essential elements-grades seven-eight. Section 75.44 is 
adopted with changes to the proposed text as published in the October 18, 1991, 
issue of the Texas Register (16 TexReg 5778). Sections 75.41-75.43, and 75.47-
75.51 are adopted without changes and will not be republished.
The sections are being amended as a result of the five-year curriculum review 
process, preliminary discussions with the State Board of Education, and changes 
in content that were included in Proclamations 68, 1991, and 1992. Proclamation 
1992 is scheduled to be presented to the board for approval in January 1992.
Justification for the amendments will be the revision of curriculum essential 
elements to reflect content changes made in Textbook Proclamations 68, 1991, and 
1992.
The amendments will function by allowing school districts sufficient time to 
update curriculum guides and materials and to plan staff development programs 
for implementing new textbooks based on the reviewed essential elements, assist 
publishers in developing teacher editions with references to the revised 
essential elements, and assist textbook reviewers in reviewing coverage of the 
revised essential elements in the textbooks.
Comments were received regarding adoption of the new sections from the State 
Board of Education. The board directed the agency to implement the following 
changes as a result of these comments. Sections 75.44(d)(7) and (e)(7) were 
changed to require experience in identifying a problem and designing and 
conducting scientific investigations, as well as adding the concept of 
formulating hypotheses. Both sections 75.44(d)(10)(E) and (e)(10)(E) were 
changed to provide students the opportunity to "critique" hypotheses, theories, 
laws, and principles according to their strengths and weaknesses.
The amendments are adopted under the Texas Education Code, sec.21.101, which 
provides the State Board of Education with the authority to adopt rules 
designating the essential elements for a well-balanced curriculum for state 
school districts.
sec.75.44. Science.
(a) Life science (one unit). Essential elements described in this subsection for 
life science shall be superseded by the essential elements described in 
subsection (c) of this section effective September 1994. Life science shall be a 
laboratory-oriented course and shall include the following essential elements.
(1)-(11) (No change.)
(b) Earth science (one unit). Essential elements described in this subsection 
for earth science shall be superseded by the essential elements described in 
subsection (f) of this section effective September 1995. Earth science shall be 
a laboratory-oriented course and shall include the following essential elements.
(1)-(10) (No change.)
(c) Life science (one unit). Essential elements for life science as described in 
this subsection shall be effective September 1994. Life science shall be a 
laboratory/field oriented course and shall include the following essential 
elements.
(1)  Manipulating laboratory materials and equipment. The student shall be 
provided opportunities to:
(A) manipulate objects, organisms, and models;
(B) use materials and instruments;
(C) construct models; and
(D) practice safe lab techniques.
(2) Acquiring scientific data and information. The student shall be provided 
opportunities to:
(A) observe properties and patterns of objects, organisms, models, phenomena, 
and events; and
(B) estimate and measure life science processes and properties.
(3) Sequencing, ordering, and classifying scientific data and information. The 
student shall be provided opportunities to:
(A) arrange time, events, and activities in sequential order; and
(B) classify life science processes and properties.
(4)  Communicating scientific data and information. The student shall be 
provided opportunities to:
(A) identify and describe objects, organisms, events, and processes;
(B) record data from graphs, tables, maps, and other visuals; and
(C) describe technological advances.
(5)  Interpreting scientific data and information. The student shall be provided 
opportunities to:
(A) interpret data about models, objects, organisms, actions, events, and 
processes;
(B) interpret data from graphs, tables, maps, and other visuals;
(C) form operational definitions of objects, organisms, actions, events, and 
processes based on observations and information; and
(D) state relationships among objects, organisms, and events using operational 
definitions.
(6) Inferring, forming generalized statements, and making predictions using 
scientific data and information. The student shall be provided opportunities to:
(A) make inferences from data;
(B)  form and state generalizations about objects, organisms, events, processes, 
and phenomena;
(C) predict outcomes based on scientific data and information; and
(D) predict outcomes from trends in scientific data.
(7) Identifying a problem, formulating a hypothesis, and designing and 
conducting a scientific investigation. The student shall be provided 
opportunities to:
(A) use appropriate equipment and materials;
(B)  collect measurement data;
(C) identify a problem;
(D)  formulate a hypothesis;
(E) identify and manipulate the conditions of a life science investigation;
(F) design and conduct life science investigations to test a hypothesis;
(G) recognize and describe changes in objects, organisms, events, processes, 
phenomena over time; and
(H)  recognize factors that govern changes in objects, organisms, events, 
processes, phenomena over time.
(8) Drawing conclusions about the processes and outcomes of a scientific 
investigation. The student shall be provided opportunities to:
(A) draw conclusions about the processes of a life science investigation;
(B) draw conclusions about the outcome of a life science investigation; and
(C) use knowledge of theories, facts, and concepts to explain observations, 
processes, and outcomes in a life science investigation.
(9) Relating and applying technology and scientific information to daily life. 
The student shall be provided opportunities to:
(A) relate objects, scientific principles, and activities to daily life;
(B) apply scientific knowledge to interpret consumer information obtained from 
tables, labels, and advertisements;
(C) apply scientific information to assess the impact of science on society, 
technology, and the environment;
(D) apply scientific knowledge to recognize the limitations of science relating 
to technological advances;
(E) apply technology and scientific information to explain natural processes and 
phenomena; and
(F) apply technology and scientific information to solve problems and make 
decisions.
(d) Science I, Grade Seven (one unit). Essential elements for Science I as 
described in this subsection shall be effective September 1994. Science I shall 
be a developmentally appropriate laboratory/field oriented course coordinating 
instruction in biology, chemistry, physics, and earth/space science, and shall 
include the following essential elements.
(1) Manipulating laboratory materials and equipment. The student shall be 
provided opportunities to:
(A) manipulate objects, organisms, and models;
(B) use materials and instruments;
(C)  construct models; and
(D) practice safe lab techniques.
(2)  Acquiring scientific data and information. The student shall be provided 
opportunities to:
(A) observe properties and patterns of objects, organisms, models, phenomena, 
and events; and
(B) estimate and measure life, earth, and physical science processes and 
properties.
(3)  Sequencing, ordering, and classifying scientific data and information. The 
student shall be provided opportunities to:
(A) arrange time, events, and activities in sequential order;
(B) classify matter, forces, energy, organisms, actions, and events according to 
similarities and differences; and
(C) design graphs, tables, maps, and other visuals.
(4)  Communicating scientific data and information. The student shall be 
provided opportunities to:
(A) identify and describe objects, organisms, events, and processes;
(B) read data from graphs, tables, maps, and other visuals; and
(C) describe technological advances.
(5)  Interpreting scientific data and information. The student shall be provided 
opportunities to:
(A) interpret data about models, objects, organisms, actions, events, and 
processes;
(B) interpret data from graphs, tables, maps, and other visuals;
(C) form operational definitions of objects, organisms, actions, events, and 
processes based on observations and information; and
(D) state relationships among objects, organisms, and events using operational 
definitions.
(6) Inferring, forming generalized statements, and making predictions using 
scientific data and information. The student shall be provided opportunities to:
(A) make inferences from data;
(B)  form and state generalizations about objects, organisms, events, processes, 
and phenomena;
(C) predict outcomes based on scientific data and information; and
(D) predict outcomes from trends in scientific data.
(7) Experience in identifying problems and designing and conducting scientific 
investigations. The student shall be provided opportunities to:
(A) use appropriate equipment and materials;
(B) collect and/or organize measured data;
(C) formulate hypotheses, identify and manipulate the conditions of science 
investigations when appropriate;
(D)  recognize and describe changes in objects, organisms, events, processes, 
and phenomena over time; and
(E) recognize and describe changes in objects, organisms, events, processes, and 
phenomena over time.
(8) Drawing conclusions about the processes and outcomes of a scientific 
investigation. The student shall be provided opportunities to:
(A) use knowledge of principles, facts, and concepts to explain observations, 
processes, and outcomes in a science investigation; and
(B) recognize patterns that may form as a result of the collected and analyzed 
data.
(9) Relating and applying technology and scientific information to daily life. 
The student shall be provided opportunities to:
(A) relate objects, scientific principles, and activities to daily life;
(B) interpret consumer information obtained from tables, labels, and 
advertisements;
(C) assess the impact of science on society, technology, and the environment;
(D) recognize the limitations of science relating to technological advances;
(E)  explain natural processes and phenomena; and
(F) solve problems and make decisions.
(10) The nature of science. The student shall be provided opportunities to:
(A) use scientific methods;
(B)  discuss ethics in science;
(C) measure and experiment;
(D)  solve problems;
(E) formulate, discuss, critique, and review, hypotheses, theories, laws, and 
principles as to their strengths and weaknesses; and
(F) practice safety.
(11) Scientific advances. The student shall be provided opportunities to:
(A) investigate scientists and their contributions;
(B) apply technological innovations; and
(C)  evaluate science and technological career opportunities, including science 
teaching.
(e) Science II, Grade Eight (one unit). Essential elements for Science II as 
described in this subsection shall be effective September 1995. Science II shall 
be a developmentally appropriate laboratory/field oriented course coordinating 
instruction in biology, chemistry, physics, and earth/space science, and shall 
include the following essential elements.
(1)  Manipulating laboratory skills and equipment. The student shall be provided 
opportunities to:
(A) manipulate objects, organisms, and models;
(B) use materials and instruments;
(C) construct models; and
(D) practice safe use and proper disposal of chemicals.
(2)  Acquiring scientific data and information through the senses. The student 
shall be provided opportunities to:
(A) observe properties and patterns of objects, organisms, models, phenomena, 
and events; and
(B) estimate and measure life, earth, and physical science processes and 
properties.
(3)  Sequencing, ordering, and classifying scientific data and information. The 
student shall be provided opportunities to:
(A) arrange time, events, and activities in sequential order;
(B) classify matter, forces, energy, organisms, actions, and events according to 
similarities and differences; and
(C) design graphs, tables, maps, and other visuals.
(4)  Communicating scientific data and information. The student shall be 
provided opportunities to:
(A) identify and describe objects, organisms, events, and processes;
(B) read data from graphs, tables, maps, and other visuals; and
(C) describe technological advances.
(5)  Interpreting scientific data and information. The student shall be provided 
opportunities to:
(A) interpret data about models, objects, organisms, actions, events, and 
processes;
(B) interpret data from graphs, tables, maps, and other visuals;
(C) form operational definitions of objects, organisms, actions, events, and 
processes based on observations and information; and
(D) state relationships among objects, organisms, and events using operational 
definitions.
(6) Inferring, forming generalized statements, and making predictions using 
scientific data and information. The student shall be provided opportunities to:
(A) make inferences from data;
(B)  form and state generalizations about objects, organisms, events, processes, 
and phenomena;
(C) predict outcomes based on scientific data and information; and
(D) predict outcomes from trends in scientific data.
(7) Experience in identifying problems and designing and conducting scientific 
investigations. The student shall be provided opportunities to:
(A) use appropriate equipment and materials;
(B) collect and/or organize measured data;
(C) formulate hypotheses, identify and manipulate the conditions of an 
investigation when appropriate;
(D)  recognize and describe changes in objects, organisms, events, processes, 
and phenomena over time; and
(E) recognize factors that govern changes in objects, organisms, events, 
processes, and phenomena over time.
(8)  Drawing conclusions about the processes and outcomes of a scientific 
investigation. The student shall be provided opportunities to:
(A) use knowledge of theories, facts, and concepts to explain observations, 
processes, and outcomes in an investigation; and
(B) recognize patterns that may form as a result of the collected and analyzed 
data.
(9) Relating and applying technology and scientific information to daily life. 
The student shall be provided opportunities to:
(A) relate objects, scientific principles, and activities to daily life;
(B) interpret consumer information obtained from tables, labels, and 
advertisements;
(C) assess the impact of science on society, technology, and the environment;
(D) recognize the limitations of science relating to technological advances;
(E)  explain natural processes and phenomena; and
(F) solve problems and make decisions.
(10) The nature of science. The student shall be provided opportunities to:
(A) use scientific methods;
(B)  discuss ethics in science;
(C) measure and experiment;
(D)  solve problems;
(E) formulate, discuss, critique, and review theories, laws, and principles as 
to their strengths and weaknesses; and
(F) practice safety.
(11) Scientific advances. The student shall be provided opportunities to:
(A) investigate scientists and their contributions;
(B) apply technological innovations; and
(C)  evaluate science and technological career opportunities, including science 
teaching.
(f) Earth science (one unit). Essential elements for earth science as described 
in this subsection shall be effective September 1995. Earth science shall be a 
laboratory/field oriented course and shall include the following essential 
elements.
(1) Manipulating laboratory skills and equipment. The student shall be provided 
opportunities to:
(A)  manipulate objects, organisms, and models;
(B) use materials and instruments;
(C) construct models; and
(D) practice safe use and proper disposal of chemicals.
(2) Acquiring scientific data and information through the senses. The student 
shall be provided opportunities to:
(A) observe properties and patterns of objects, organisms, models, phenomena, 
and events; and
(B) estimate and measure earth science processes and properties.
(3) Sequencing, ordering, and classifying scientific data and information. The 
student shall be provided opportunities to:
(A) arrange time, events, and activities in sequential order;
(B)  classify matter, forces, energy, organisms, actions, and events according 
to similarities and differences; and
(C) design graphs, tables, maps, and other visuals.
(4) Communicating scientific data and information. The student shall be provided 
opportunities to:
(A) identify and describe objects, organisms, events, and processes;
(B) read data from graphs, tables, maps, and other visuals; and
(C) describe technological advances.
(5) Interpreting scientific data and information. The student shall be provided 
opportunities to:
(A) interpret data about models, objects, organisms, actions, events, and 
processes;
(B) interpret data from graphs, tables, maps, and other visuals;
(C) form operational definitions of objects, organisms, actions, events, and 
processes based on observations and information; and
(D) state relationships among objects, organisms, and events using operational 
definitions.
(6) Inferring, forming generalized statements, and making predictions using 
scientific data and information. The student shall be provided opportunities to:
(A) make inferences from data;
(B) form and state generalizations about objects, organisms, events, processes, 
and phenomena;
(C) predict outcomes based on scientific data and information; and
(D) predict outcomes from trends in scientific data.
(7) Identifying a problem and designing and conducting a scientific 
investigation. The student shall be provided opportunities to:
(A) use appropriate equipment and materials;
(B)  collect and/or organize measured data;
(C) identify and manipulate the conditions of an earth science investigation;
(D) recognize and describe changes in objects, organisms, events, processes, and 
phenomena over time; and
(E) recognize factors that govern changes in objects, organisms, events, 
processes, and phenomena over time.
(8) Drawing conclusions about the processes and outcomes of a scientific 
investigation. The student shall be provided opportunities to:
(A) use knowledge of theories, facts, and concepts to explain observations, 
processes, and outcomes in an earth science investigation; and
(B) recognize patterns that may form as a result of the collected and analyzed 
data.
(9) Relating and applying technology and scientific information to daily life. 
The student shall be provided opportunities to:
(A) relate objects, scientific principles, and activities to daily life;
(B) interpret consumer information obtained from tables, labels, and 
advertisements;
(C) assess the impact of science on society, technology, and the environment;
(D) recognize the limitations of science relating to technological advances;
(E)  explain natural processes and phenomena; and
(F) solve problems and make decisions.
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 22, 1991.
TRD-9114989
Criss Cloudt
Director, Planning Coordination
Texas Education Agency
Effective date: December 23, 1991
Proposal publication date: October 18, 1991
For further information, please call: (512) 463-9701
       
19 TAC sec.75.52
The Texas Education Agency adopts new sec.75.52 concerning essential elements 
grade seven-eight, without changes to the proposed text as published in the 
October 11, 1991, issue of the Texas Register (16 TexReg 5643). The new section 
is the result of the five-year curriculum review process, preliminary 
discussions with the State Board of Education, and changes in content that were 
included in Proclamations 68, 1991 and 1992. Proclamation 1992 is scheduled to 
be presented to the board for approval in January 1992.
Justification for the section will be the revision of curriculum essential 
elements to reflect content changes made in Textbook Proclamations 68, 1991 and 
1992.
The new section will function by allowing school districts sufficient time to 
update curriculum guides and materials and to plan staff development programs 
for implementing new textbooks based on the reviewed essential elements, assist 
publishers in developing teacher editions with references to the revised 
essential elements, and assist textbook reviewers in reviewing coverage of the 
revised essential elements in the textbooks.
No comments were received regarding adoption of the new section.
The new section is adopted under the Education Code, sec.21.101, which provides 
the State Board of Education with the authority to adopt rules designating the 
essential elements for a well-balanced curriculum for state school districts.
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 27, 1991.
TRD-9114986
Criss Cloudt
Director, Planning Coordination
Texas Education Agency
Effective date: December 23, 1991
Proposal publication date: October 11, 1991
For further information, please call: (512) 463-9701
       
Chapter 141. Teacher Certification
Subchapter A. Certification of Teachers in General
19 TAC sec.141.2, sec.141.3
The Texas Education Agency (TEA) adopts amendments sec.141.2 and sec.141.3, 
concerning certification of teachers in general, without changes to the proposed 
text as published in the October 29, 1991, issue of the Texas Register  (16 
TexReg 6120). The 72nd Legislature, Regular Session, repealed the Texas 
Education Code, sec.13.044, which provided the statutory authority for rules 
requiring the United States citizenship for teacher certification. The 
referenced amendments rescind all references to the citizenship requirement.
Justification for the amendments will be the compliance with legislation passed 
by the 72nd Legislature, Regular Session, regarding citizenship requirements for 
teacher certification.
The amendments will function by eliminating all references to the citizenship 
requirement for individuals who wish to obtain teacher certification.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Texas Education Code, sec.11.26(c)(5), 
which provides the State Board of Education with the authority to adopt rules 
consistent with Chapter 13 of this code for certification of teachers, 
administrators, and other professional personnel customarily employed in public 
schools.
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-9114983
Criss Cloudt
Director, Planning Coordination
Texas Education Agency
Effective date: December 23, 1991
Proposal publication date: October 29, 1991
For further information, please call: (512) 463-9701
       
Subchapter C. Texas Certificates for Aliens
19 TAC sec.141.41, sec.141.43
The Texas Education Agency (TEA) adopts amendments sec.141.41 and sec.141.43, 
concerning Texas certificates for aliens, without changes to the proposed text 
as published in the October 29, 1991, issue of the Texas Register  (16 TexReg 
6120). The 72nd Legislature, Regular Session, repealed the Texas Education Code, 
sec.13.044, which provide the statutory authority for rules requiring United 
States citizenship for teacher certification. The amendments rescind all 
references to the citizenship requirement.
Justification for the amendments will be the compliance with legislation passed 
by the 72nd Legislature, Regular Session, regarding citizenship requirements for 
teach certification.
The amendments will function by eliminating all references to the citizenship 
requirement for individuals who wish to obtain teacher certification.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Texas Education Code, sec.11.26(c)(5), 
which provides the State Board of Education with the authority to adopt rules 
consistent with Chapter 13 of this code for certification of teachers, 
administrators, and other professional personnel customarily employed in public 
schools.
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 11, 1991.
TRD-9114984
Criss Cloudt
Director, Planning Coordination
Texas Education Agency
Effective date: December 23, 1991
Proposal publication date: October 29, 1991
For further information, please call: (512) 463-9701
       
19 TAC sec.141.42
The Texas Education Agency (TEA) adopts the repeal of sec.141.42 concerning 
Texas certificate for aliens, without changes to the proposed text as published 
in the October 29, 1991, issue of the Texas Register (16 TexReg 6121). The 72nd 
Legislature, Regular Session, repealed the Texas Education Code, sec.13. 044, 
which provide the statutory authority for rules requiring United States 
citizenship for teacher certification. The repeal rescinds all references to the 
citizenship requirement.
Justification for the repeal will be the compliance with legislation passed by 
the 72nd Legislature, Regular Session, regarding citizenship requirements for 
teacher certification.
The repeal will function by eliminating all references to the citizenship 
requirement for individuals who wish to obtain teacher certification.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Texas Education Code, sec.11.26(c)(5), which 
provides the State Board of Education with the authority to adopt rules 
consistent with Chapter 13 of this code for certification of teachers, 
administrators, and other professional personnel customarily employed in public 
schools.
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-9114985
Criss Cloudt
Director, Planning Coordination
Texas Education Agency
Effective date: December 23, 1991
Proposal publication date: October 29, 1991
For further information, please call: (512) 463-9701
       
Chapter 175. Proprietary Schools and Veterans Education
Subchapter B. Commercial Driver Training School
19 TAC sec.175.15
The Texas Education Agency (TEA) adopts an amendment to  sec.175.15 concerning 
commercial driver training schools, with changes to the proposed text as 
published in the July 12, 1991, issue of the Texas Register (16 TexReg 3825). 
The proposed text referenced  sec.185.15, however, at the request of the Texas 
Register the former Chapter 185, Proprietary Schools and Veterans Education, has 
been redesignated as Chapter 175. Therefore, the section is being adopted with 
the new designation. The amendment is based on the following findings of the 
agency. The agency has previously permitted commercial driver training schools 
to enroll students into driver education programs on any unit of instruction in 
the course (open enrollment), rather than requiring all enrolling students to 
proceed in a group from the first to the last unit of instruction (closed 
enrollment). As a result of the open enrollment practices, the agency found that 
may schools were utilizing superficial and haphazard methods of teaching in 
order to accommodate the open enrollment. Commercial driving schools have 
attempted to justify the use of open enrollment based on reasons unrelated to 
sound education, such as the need for convenient and flexible scheduling, 
competition with the public sector, more regular income to the schools, and 
staffing needs. In consultation with educational experts, agency staff, 
agencies, the agency found that open enrollment in driver education is 
educationally unsound. It fails to provide group cohesiveness that will promote 
positive attitude formation, encourages disorderly instruction, does not allow 
for identification of individual students needs, and decreases the quality and 
content of the program. The reasons offered in support of open enrollment are 
insubstantial in comparison to concerns for the safety and welfare of the 
students as well as the citizens of the State of Texas. Rules requiring closed 
enrollment with uniform beginning and ending dates will standardize 
instructional practices, provide a classroom environment more conducive to the 
effective and consistent education of teenage drivers, and ultimately produce 
safer drivers in Texas. This amendment was proposed for permanent adoption on 
July 12, 1991.
Justification for the amendment will be preventing random starting dates for 
drivers' education classes since it has been determined that this practice is 
contradictory to the fundamental principals of curriculum organization and 
sequence, instructional delivery, and student learning.
The amendment will function by implementing policies that encourage student 
group cohesiveness and promote positive attitude formation, discourage 
disorderly instruction, allow for the identification of individual student 
needs, and increase the quality and content of drivers' education programs.
Comments were received regarding the amendment by the Driver Training School 
Advisory Commission. The Driving School Association commented against the 
uniform start date, stating that the driving school rule committee and the 
Proprietary School Advisory Commission had advised against the proposed rule; a 
membership poll had been taken by the association that indicated two-thirds of 
the schools supported an open enrollment; the Curriculum Guide approved by the 
Texas Education Agency did not mandate sequence of instruction or a closed 
enrollment; and that may public schools teach the classroom phase of driver 
education instruction during the fall or spring semester and do not begin in-car 
training until after a delay of eight or nine months. Austin Driving School 
commented against the proposed rule stating that an option should be available 
regarding enrollment. Safeway Driving School commented against the proposed rule 
and presented an alternative to the proposed rule which would permit an every 
Monday start date with two classrooms and two certified instructors. Fort Bend 
Driving School commented against the proposed rule. One individual commented in 
support of the proposed rule. The Driver Training School Advisory Commission 
made no motion to advise the State Board of Education, but all comments to the 
commission were forwarded to the commissioner and the board. In addition, 
comments were also received by the State Board of Education from the Driving 
School association of Texas. The commenter stated that the amendment was 
unnecessarily inconvenient for students and their parents. In addition, the 
commenter stated that current practices of commerical driving schools provide 
sufficient quality of instruction and flexibility for students and their 
parents. Some driving school owners have stated that this amendment will require 
additional staffing to generate the same revenue in the summer months and give a 
competitive edge to public schools. The agency's position regarding the comments 
is that the amendment is not unnecessarily inconvenient considering the 
importance of good quality instruction when teaching teenagers to drive 
automobiles. The agency does not agree that current practices provide sufficient 
quality instruction. Quite the contrary, current practices allow haphazard 
instruction; fail to encourage group cohesiveness; permit a superficial level of 
instruction; and are difficult to manage. For example, current practices would 
permit a student to receive instruction in highway driving prior to basic 
instruction in driving an automobile. Further, any alleged inconvenience or 
flexibility would be brief since the course is never longer than 32 hours in 
length. As for generating the same amount of revenue in the same time period and 
competition with the public schools, the agency has determined that there will 
not be any anticipated cost to comply with this rule since the rule requires 
restructuring of scheduling and not the addition of staff, and would only affect 
the timing of the schools' receipt of revenue. As to concerns that public 
schools would obtain a competitive advantage, staff have noted that public 
schools teach a uniform start date with a closed enrollment. In conclusion, the 
agency believes that the more organized approach of uniform start dates in the 
driver education classroom will enhance and increase the quality of the 
instructional delivery and allow for in-depth application of the fundamental 
principals of education and curriculum organization. The statement in section 
(a) (2)(C) regarding a student enrollment executed prior to the effective date 
of this rule was deleted since it is no longer applicable.
The amendment is adopted under Texas Civil Statutes, Article 4413(29c), which 
provides the Texas Education Agency with the authority to adopt rules relating 
to commercial driver training schools.
sec.175.15. Programs of Instruction.
(a) (No change.)
(1) (No change.)
(A)-(L) (No change.)
(2) Teenage driver education.
(A)-(B) (No change.)
(C) Commercial driver training schools, who desire to instruct persons ages 14 
to 18 years, shall provide classes with uniform beginning and ending dates. 
Students shall be enrolled prior to the seventh hour of classroom instruction.
(i)-(iv) (No change.)
(D)-(H) (No change.)
(3) (No change.)
(b) (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-9114987
Criss Cloudt
Director, Planning Coordination
Texas Education Agency
Effective date: December 23, 1991
Proposal publication date: July 12, 1991
For further information, please call: (512) 463-9701
       
TITLE 28. INSURANCE
Part II. Texas Workers' Compensation Commission
Chapter 110. General Provisions-Required Notices of Coverage
Subchapter B. Employer Notices
28 TAC sec.110.103
The Texas Workers' Compensation Commission adopts an amendment to sec.110. 103, 
concerning notice of non-coverage to the commission without changes to the 
proposed text as published in the June 18, 1991, issue of the Texas Register  
(16 TexReg 3302). The amendment is necessary to reconcile two provisions of the 
Texas Workers' Compensation Act (the Act), sec.3.10 and sec.3. 22(a).
The amendment to subsection (a) of the existing section makes clear that the 
annual notice of non-coverage does not have to be filed by the employers who 
hire only employees who are exempt from the Act, under sec.3.10. In summary, 
such exempt employees are those covered for work-related injuries under federal 
law, domestic or casual workers whose employment is incidental to a personal 
residence, and certain farm or ranch employees not covered pursuant to the Act, 
sec.3.07. The amendment is subsection (c) of the existing section instruct 
employers to file the notice with the commission in 1991, and with the State 
Board of Insurance by May 15th of each subsequent year.
No comments were received regarding adoption of the amendment.
The amendment is adopted in accordance with the Texas Workers' Compensation Act, 
Article 8308, sec.2.09(a), which provides the Texas Workers' Compensation 
Commission with the authority to adopt rules as necessary for the implementation 
and enforcement of this Act, and sec.3.22(a) which authorizes the commission to 
require the employer to provide reasonable information about its business on the 
notice of noncoverage.
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 25, 1991.
TRD-9114765
Susan M. Kelley
General Counsel
Texas Workers' Compensation Commission
Effective date: December 16, 1991
Proposal publication date: June 18, 1991
For further information, please call: (512) 440-3972
       
Chapter 147. Dispute Resolution-Agreements, Settlements, Commutation
28 TAC sec.147.10
The Texas Workers' Compensation Commission adopts new sec.147.10, without 
changes to the proposed text as published in the October 8, 1991, issue of the 
Texas Register  (16 TexReg 5561). New sec.147.10 is necessary to set forth the 
procedures for commuting impairment income benefits.
Section 147.10 allows an employee to request a lump sum payment of impairment 
income benefits when the employee has returned to work for at least three 
months, earning at least 80% of his or her average weekly wage. The new section 
lists the information that the employee must provide when he or she requests the 
lump sum. The request must be made on a commission prescribed form; this form 
must include a warning to the employee that getting the lump sum payment will 
prevent him or her from getting further income benefits for the injury. The 
section requires the employee to file the request with the commission field 
office managing the claim and to send the request to the insurance carrier, 
which must approve or deny the request in writing no later than 14 days after 
receipt of the request. If the request is approved, the carrier must pay the 
commuted impairment income benefits, but if the carrier must file a copy of the 
approval or denial notice with the commission field office managing the claim. 
The section provides that an employee can request a benefit review conference if 
the carrier denies the lump sum payment; the request for the benefit review 
conference must be made as provided by sec.141.1 of this title (relating to 
Requesting and Setting a Benefit Review Conference).
Concerning proposed sec.147.10, one commenter suggested that the section should 
be amended to authorize the carrier to discount commuted benefits for present 
payment at the rate provided for in the Act, sec.1.04. The commission disagrees 
with the suggestion, noting that sec.1.04 authorizes the commission to set the 
discount rate for any interest or discount "provided for" in the Act and that 
the Act does not expressly provide for discounting lump sums of impairment 
income benefits (compare with Texas Civil Statutes, Article 8308-4.321 which 
does not expressly allow for discounting of accelerated benefits).
The Texas Association of Business commented against the proposed section. No 
comments specifically in favor of the proposed section were received.
The new section is adopted under Texas Civil Statutes, Article 8308, sec.2. 
09(a), which authorizes the commission to adopt rules necessary for the 
implementation and enforcement of the Texas Workers' Compensation 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 25, 1991.
TRD-9114766
Susan M. Kelley
General Counsel
Texas Workers' Compensation Commission
Effective date: December 16, 1991
Proposal publication date: October 8, 1991
For further information, please call: (512) 440-3972
       
TITLE 31. NATURAL RESOURCES
Part XV. Texas Low-Level Radioactive Waste Disposal Authority
Chapter 449. General Provisions
Subchapter A. Administrative
31 TAC sec.449.2, sec.449.7
The Texas Low-Level Radioactive Waste Disposal Authority adopts amendments to 
sec.449.2 and sec.449.7, without changes to the proposed text as published in 
the October 11, 1991, issue of the Texas Register (16 TexReg 5717).
The amendments will promote better public knowledge of where the authority may 
be contacted and increases the availability of agency documents.
The amended sections update the address of the Authority and eliminates existing 
procedures for handling confidential information since different procedures are 
already covered in the Texas Open Records Act, Texas Civil Statutes, Article 
6252-17a.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Health and Safety Code, sec.402.054, which 
provides the Texas Low-Level Radioactive Waste Disposal Authority with the 
authority to adopt rules, standards, and orders necessary to properly carry out 
the Texas Low-Level Radioactive Waste Disposal Authority Act and to protect the 
public health and safety and the environment from activities of the authority.
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 27, 1991.
TRD-9114893
Lee H. Mathews
Deputy General Manager and General Counsel
Texas Low-Level Radioactive Waste Disposal Authority
Effective date: December 18, 1991
Proposal publication date: October 11, 1991
For further information, please call: (512) 451-5292
       
Subchapter C. Site Selection Hearings
31 TAC sec.sec.449.31-449.35
The Texas Low-Level Radioactive Waste Disposal Authority adopts amendments to 
sec.sec.449.31-449.33, 449.35, without changes to the proposed text as published 
in the October 11, 1991, issue of the Texas Register (16 TexReg 5718).
The amended sections will increase the public's awareness of the recent 
recodification of the authority statute.
The amended sections now reference citations to the Health and Safety Code which 
recodified Texas Civil Statutes, Article 4590f-1.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Health and Safety Code, sec.402.054, which 
provides the Texas Low-Level Radioactive Waste Disposal Authority with the 
authority to adopt rules, standards, and orders necessary to properly carry out 
the Texas Low-Level Radioactive Waste Disposal Authority Act and to protect the 
public health and safety and the environment from activities of the authority.
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 27, 1991.
TRD-9114894
Lee H. Mathews
Deputy General Manager and General Counsel
Texas Low-Level Radioactive Waste Disposal Authority
Effective date: December 18, 1991
Proposal publication date: October 11, 1991
For further information, please call: (512) 451-5292
       
Chapter 450. Planning and Implementation Fees
31 TAC sec.sec.450.1-450.4
The Texas Low-Level Radioactive Waste Disposal Authority adopts new sec.sec.450. 
1-450.4, without changes to the proposed text as published in the October 11, 
1991, issue of the  Texas Register (16 TexReg 5718).
The new sections are needed to implement planning and implementation fees 
required by Chapter 402, Health and Safety Code.
The new sections assess planning and implementation fees for state fiscal years 
1992-1993, specify the low-level radioactive waste generators who must pay the 
fees, and provide for the collection and deposit of fees in the state treasury.
Several commenters, including members of the Hudspeth County Commissioners 
Court, expressed concern that collection of planning and implementation fees 
will reduce the amount of expenses that will ultimately be recovered through 
waste disposal fees and thus tend to reduce the amount of money available for 
impact assistance to local communities. The Hudspeth County Commissioners Court 
requested a delay in adopting the rules until an attorney general's opinion 
could be obtained as to whether the law can be interpreted to allow, through 
rulemaking, that a portion of the fees be set aside for impact assistance.
The board acknowledges that impact assistance will be reduced when planning and 
implementation fees are collected, but believes that it is without statutory 
authority to set aside a portion of the fees. The board believes that the law 
compels immediate implementation of the fee rules; however, the board will seek 
an attorney general's opinion in accordance with the Commissioners Court's 
request.
Another commenter suggested adding to the rules language stating that any 
compact participation fees received from other states joining a waste compact 
with Texas be used to defray construction and operation expenses of the Texas 
disposal site and that waste disposal fees charged to users of the site be 
computed net of such compact participation fees.
The board believes that it is not authorized to include in the rulemaking the 
final disposition of fees received from compacting states. That matter will be 
determined by the terms of a compact if and when it is negotiated. The board 
further believes that it is without statutory authority to modify waste disposal 
fees since only planning and implementation fees are subject to this rulemaking.
The new sections are adopted under the Health and Safety Code, sec.402.054, 
which provides the Texas Low-Level Radioactive Waste Disposal Authority with the 
authority to adopt rules, standards, and orders necessary to properly carry out 
the Texas Low-Level Radioactive Waste Disposal Authority Act and to protect the 
public health and safety and the environment from activities of the authority.
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 27, 1991.
TRD-9114895
Lee H. Mathews
Deputy General Manager and General Counsel
Texas Low-Level Radioactive Waste Disposal Authority
Effective date: December 18, 1991
Proposal publication date: October 11, 1991
For further information, please call: (512) 451-5292
       
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part VI. Texas Commission for the Deaf and Hearing Impaired
Chapter 181. General Rules of Practice and Procedures
Subchapter F. Fees
40 TAC sec.181.820, sec.181.830
The Texas Commission for the Deaf and Hearing Impaired adopts amendments to 
sec.181.820 and sec.181.830 concerning fees, without changes to the proposed 
text as published in the October 25, 1991, issue of the Texas Register  (16 
TexReg 6043).
The result of enforcing the sections will be more interpreters for the deaf and 
hearing impaired will be available since the pay scale will be higher than in 
previous years.
It will set guidelines for reimbursement rates paid to contractors for 
interpreter rates. It will also establish guidelines for recommended rates to be 
paid to contractors by other government agencies.
Comments were in favor of the flat rate of pay for interpreter services.
Commenting in favor of the amendment were Sign Shares, Inc; Travis County 
Services for the Deaf; Deaf Action Center; and Austin Interpreters for the Deaf.
The amendments are adopted under the Human Resources Code, Chapter 81, sec.81. 
006(a)6, which provides the Texas Commission for the Deaf and Hearing Impaired 
with the authority to annually review the schedule of fees recommended by the 
commission for the payment of interpreters and, as a result of the finds, adopt 
by rule a schedule of reasonable fees to be paid to interpreters with varied 
levels of skills.
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 26, 1991.
TRD-9114885
Larry Evans
Executive Director
Texas Commission for the Deaf and Hearing Impaired
Effective date: January 1, 1992
Proposal publication date: October 25, 1991
For further information, please call: (512) 444-3323
       
TITLE 43. TRANSPORTATION
Part I. Texas Department of Transportation
Chapter 9. Division of Construction and Contract Administration
Emergency Contract Procedures
43 TAC sec.sec.9.20-9.22
The Texas Department of Transportation adopts new sec. sec.9.20-9.22, concerning 
emergency contact procedures, without changes to the proposed text as published 
in the October 18, 1991, issue of the Texas Register  (16 TexReg 5819). Texas 
Civil Statutes, Article 6674h-2 authorize the department to award a highway 
improvement contract in accordance with administrative rules promulgated by the 
Texas Transportation Commission. The new sections authorize the department to 
implement procedures designed to expedite the award of highway improvement 
contracts to meet emergency conditions in which essential corrective or 
preventive action would be unreasonably hampered or delayed by compliance with 
other laws.
The new sections establish contract procedures relating to the certification of 
the emergency, contractor eligibility, notification of prospective bidders, 
bidding requirements, letting procedures, contract form and content, and reports 
to the commission.
No comments were received regarding adoption of the new sections.
The new sections are adopted under Texas Civil Statutes, Articles 6666 and 
6674h-2, which provide the Texas Transportation Commission with the authority to 
establish rules and regulations for the conduct of the work of the Texas 
Department of Transportation; and specifically to establish rules for the 
expedited award of highway improvement contracts to meet emergency conditions in 
which essential corrective or preventive action would be unreasonably hampered 
or delayed by compliance with other laws.
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 25, 1991.
TRD-9114752
Diane L. Northam
Legal Administrative Assistant
Texas Department of Transportation
Effective date: December 16, 1991
Proposal publication date: October 18, 1991
For further information, please call: (512) 463-8630
       
Chapter 17. Division of Motor Vehicle Titles and Registration
Dealers and Manufacturers Vehicle License Plates
43 TAC sec.17.69
The Texas Department of Transportation adopts an amendment to sec.17.69, without 
changes to the proposed text as published in the October 11, 1991, issue of the 
Texas Register (16 TexReg 5728). The amendment is necessary to comply with the 
legislative intent expressed in sec.4 of Senate Bill 352, 72nd Legislature, 
Regular Session, 1991, and reinforced in the current session, which urged and 
made further provision for enhancing revenue for the department to gain that 
revenue at the earliest possible date to expedite the state's recovery from the 
current fiscal crisis, and to assist the business community in expediting its 
recovery from current depressed market conditions.
This amendment allows a motor vehicle dealer's display area to be located on a 
right-of-way provided the governing body having jurisdiction of the area 
consents to such use or the area is leased under Texas Civil Statutes, Article 
6673a-3.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 6666 and 6686, 
which provide the Texas Transportation Commission with the authority to 
establish rules for the conduct of the work of the Texas Department of 
Transportation; and specifically for the orderly administration of statutory 
provisions relating to dealers and manufacturers.
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 25, 1991.
TRD-9114767
Diane L. Northam
Legal Administrative Assistant
Texas Department of Transportation
Effective date: December 16, 1991
Proposal publication date: October 11, 1991
For further information, please call: (512) 463-8630