Proposed Sections
Before an agency may permanently adopt a new or amended section, or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before any action may be taken. The 30-day time period 
gives interested persons an opportunity to review and make oral or written 
comments on the section. Also, in the case of substantive sections, a public 
hearing must be granted if requested by at least 25 persons, a governmental 
subdivision or agency, or an association having at least 25 members.
Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of bold text. [Brackets] indicate deletion of existing 
material within a section.
TITLE 7. BANKING AND SECURITIES
Part VI. Credit Union Department
Chapter 91. Chartering, Operations, Mergers, Liquidations
Loans
7 TAC sec.91.701
The Credit Union Commission proposes an amendment to sec.91.701, concerning the 
giving of prior notice for engaging in indirect financing of automobiles and 
other chattels.
John R. Hale, commissioner has determined that for the first five-year period 
the section is in effect there will be no fiscal implications for state or local 
government as a result of enforcing or administering the section.
Mr. Hale, also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that credit unions will be requested to demonstrate competency 
before entering indirect financing of automobiles/chattels. There will be no 
effect on small businesses. The anticipated economic cost to persons who are 
required to comply with the section as proposed will be nominal.
Comments on the proposal will be submitted to Harry L. Elliott, Staff Services 
Officer, 914 East Anderson Lane, Austin, Texas 78752-1699.
The amendment is proposed under Texas Civil Statutes, Article 2461-11.07, which 
provide the Credit Union Commission with the authority to adopt reasonable rules 
necessary for the administration of the Texas Credit Union Act.
sec.91.701. Loans.
(a)-(c) (No change.)
(d) Personal Loans.
(1)-(5) (No change.)
<nl>(6) Indirect financing. Credit unions shall provide written notice the 
Credit Union Department at least 30 days prior to implementing a program of 
indirect financing of automobiles or other chattels that generally involves 
substantial participation in and origination of the transaction by a vendor.
(e)-(h) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 3, 1991.
TRD-9115093
John R. Hale
Commissioner
Credit Union Department
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 837-9236
       
TITLE 22. EXAMINING BOARDS
Part I. Texas Board of Architectural Examiners
Chapter 1. Architects
Subchapter A. Scope; Definitions
22 TAC sec.1.9
The Texas Board of Architectural Examiners proposes amendments to sec.1.9, 
concerning the officers and employees of the board. The amendment specifies that 
the governor shall appoint the chairman of the board in accordance with recent 
legislation and change the title of a reclassified employee of the board.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the section is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section.
Mr. Norris also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be the use of Sunset Commission recommendation to provide the most 
direct method ensuring continuity of policy or accountability to the state's 
chief executive officer. There will be no effect on small businesses. There is 
no anticipated economic cost to persons who are required to comply with the 
section as proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners 8213 Shoal Creek Boulevard, 
#107, Austin, Texas 78758, (512) 458-1363.
The amendment is proposed under Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.1.9. Officers and Employees. As prescribed by law, the <nl>governor <ol> 
[board] shall <nl>appoint <ol> [elect] a chairman, <nl>the board shall elect 
a<ol> vice-chairman, and secretary-treasurer. <nl>The chairman shall hold office 
until replaced by the governor. The vice-chairman and secretary-treasurer <ol> 
[These officers] shall hold office until their successors [shall] have been 
elected and qualified.
(1) (No change.)
(2) The vice-chairman shall, in the absence of the chairman, fulfill <nl>the<ol> 
[all] responsibilities of the chairman and, if necessary, succeed the chairman 
<nl>until a new chairman has been appointed by the governor<ol> without election 
<nl>in<ol> [during] the then current year.
(3)-(5) (No change.)
(6) The board authorizes the executive director and  <nl>director of 
programs<ol> [Staff Services Officer I] or Administrative Technician IV to sign 
expenditure vouchers.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115012
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-1363
       
Subchapter B. Registration
22 TAC sec.sec.1.21, 1.22, 1.25
The Texas Board of Architectural Examiners proposes amendments to sec.sec.1.21, 
1.22, 1.25, concerning the eligibility and exceptions for applicants for 
examination and the processing of applications for examinations. The amendments 
will clarify the actions which may affect a person's eligibility as a candidate 
for registration.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
sections.
Mr. Norris also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a clearer understanding of the eligibility requirements for 
persons submitting applications for examination, and the conditions that may 
affect those applications. There will be no effect on small businesses. There is 
no anticipated economic cost to persons who are required to comply with the 
sections as proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 
#107, Austin, Texas 78758, (512) 458-1363.
The amendments are proposed under Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.1.21. Eligibility.
(a)-(b) (No change.)
(c) [On and after December 31, 1983,] All applicants [who have not acquired 
eight years education and/or experience] shall be required to include in their 
experience record  <nl>evidence of having satisfactorily completed<ol> the 
requirements of the Intern Development Program as shown in the <nl>Texas 
Table<ol> [schedule] of diversified experience requirements <nl>for the Intern 
Development Program (IDP), except:<ol> [for that program.]
<nl>(1) applicants who have acquired eight years of credible education and/or 
experience prior to January 1, 1984; and
<nl>(2) reciprocal applicants who have a minimum of three years of acceptable 
practice experience following registration in accordance with the Texas Table of 
Equivalents.
sec.1.22. Exceptions.
(a) (No change.)
<nl>(b) The board may require that applications for registration by examination 
include verification that the applicant has complied with the laws governing the 
practice of architecture.
<nl>(c)<ol>[(b)] The application of a person against whom the board has 
initiated legal action may be held at the board's discretion, without approval, 
disapproval, or rejection until the applicant is in full compliance with:
(1)-(4) (No change.)
<nl>(d)<ol>[(c)]  When such compliance as referred to in subsection <nl>(c) 
<ol>[(b)] of this section has been secured and evidence furnished, the board 
shall complete the consideration of the application in the regular order of 
business for other applications to the board.
sec.1.25. Processing.
(a)-(b) (No change.)
<nl>(c) The board shall accept a postmark date as evidence of intent to submit 
an application by the deadline. Pro-prietary postage meter dates will not be 
accepted as evidence of intent to make timely submission if contradicted by 
postal service postmark dates.
<nl>(d)<ol>[(c)] When received incomplete or without required fees, applications 
will be returned for completion and resubmittal.
<nl>(e)<ol>[d] When received complete and accompanied by required fees, 
applications will be entered into the board records. Information submitted will 
be verified and evaluated, and subsequent submittals may be required of the 
applicant.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115013
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-1363
       
Subchapter D. Certification and Annual Registration
22 TAC sec.1.67, sec.1.69
The Texas Board of Architectural Examiners proposes amendments to sec.1.67, 
sec.1.69, concerning the annual registration procedure and reinstatement of 
licensure. The amendments will specify the requirements of notification of a 
change of mailing address from registrants and explain the criteria for 
reinstatement of license.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
sections.
Mr. Norris also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be to provide knowledge of registrants' address and to provide 
better protection of the public as a result of verifying the qualifications of 
reinstatement applicants. There will be no effect on small businesses. There is 
no anticipated economic cost to persons who are required to comply with the 
sections as proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 
#107, Austin, Texas 78758, (512) 458-1363.
The amendments are proposed under Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.1.67. Annual Registration Procedure. Annual registration renewal notices 
will be sent to all registrants to the last known address of record. 
Instructions and dates for remitting will appear on such notices. It is the 
responsibility of the registrant to notify the board in writing of any 
<nl>change of mailing<ol> address [change].
sec.1.69. Reinstatement.
(a)-(b) (No change.)
(c) A registrant whose license has been revoked for a period greater than three 
years shall [be reexamined prior to reinstatement.]<nl>:
<nl>(1) be reexamined prior to reinstatement; or
<nl>(2) apply for reciprocal licensure in accordance with sec.1.28 of this title 
(relating to Reciprocal Transfer).
<nl>(d) Applications for reinstatement may be rejected for any of the reasons 
that an initial application for a certificate may be rejected or that a 
certificate may be revoked.
<nl>(e) The board may require that applications for reinstatement include 
verification that the applicant has complied with the laws governing the 
practice of architecture.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115016
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1991
For further information, please call: (512) 458-1363
       
22 TAC sec.1.70
The Texas Board of Architectural Examiners proposes new  s1.70, concerning 
denial of annual renewal. The new section will bring the board's rules into 
compliance with the Texas Education Code.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the section is in effect there will be fiscal implications as a 
result of enforcing or administering the section. The effect on state government 
will be an increase in student loan payments. However the amount cannot be 
determined at this time. There will be no effect on local government for the 
first five-year period the section is in effect.
Mr. Norris, also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be the collection of delinquent student loans guaranteed by the 
Texas Guaranteed Student Loan Corporation. There will be no effect on small 
businesses. There is no anticipated economic cost to persons who are required to 
comply with the section as proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 
#107, Austin, Texas 78758, (512) 458-1363.
The new section is proposed under Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.1.70. Denial of Annual Renewal. Failure, as a student loan borrower, to 
comply with the requirements of the Texas Education Code, sec.57.491, is 
sufficient grounds to deny annual renewal of a registrant's certificate of 
registration.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115014
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-1363
       
Subchapter E. Fees
22 TAC sec.sec.1.81, 1.82, 1.84-1.86, 1.88
The Texas Board of Architectural Examiners proposes amendments to sec.sec.1.81, 
1.82, 1.84-1.86, and 1.88, concerning fees. The amendments increase the fees the 
agency must charge applicants, candidates for examination, and registrants in 
accordance with recent legislation and clarify the board's fee deadline 
criterion.
Robert H. Norris, AIA, executive director, has determined that there will be 
fiscal implications as a result of enforcing or administering the section. The 
effect on state government for the first five-year period the sections are in 
effect will be:
[graphic]
There will be no effect on local government for the first five-year period the 
sections are in effect. The cost comparison for small and large businesses will 
be a maximum cost increase of $200 per architect employee when renewal fees are 
paid before the fee deadline.
Mr. Norris also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be that fee changes will create increased revenue to the 
general revenue and school foundation funds in compliance with Tax Bill (House 
Bill 11). The cost of compliance with the section for small businesses will be 
an additional $200 annually for each architect employee whose renewal fee is 
paid by the business firm. There will be no cost to business firms which do not 
pay renewal fees for architect employees. The anticipated economic cost to 
persons who are required to comply with the sections as proposed will be:
[graphic}
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard 
#107, Austin, Texas 78758, (512) 458-1363.
The amendments are proposed under Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.1.81. General.
(a)-(b) (No change.)
<nl>(c) The board shall accept a postmark date as evidence of intent to remit 
timely payment of a fee. Proprietary postage meter dates will not be accepted as 
evidence of intent to make timely payment if contradicted by postal service 
postmark dates.
sec.1.82. Application and Examination Fees. All applicants for registration by 
examination must remit <nl>$210<ol> [$10.00] with their original application. 
When approved as a candidate, additional notices will require payment of 
[additional] examination <nl>or record maintenance<ol> fees as prescribed by the 
board.
sec.1.84. Annual Registration and Renewal Fee.
(a) Notices of annual registration and renewal will be mailed to all architects. 
These notices will specify the fee required <nl>by law<ol> [(not to exceed $50 
for residents nor $100 for nonresidents)].
(b) (No change.)
(c) Failure to renew a certificate of registration  <nl>within 90 days following 
<ol> [by] the expiration date established by the board shall result in an 
increase <nl>in  <ol>[of] the renewal fee <nl>in the amount of one-half the 
examination fee; and, failure to renew within 91 days to one year of the 
expiration date established by the board shall result in an increase in the 
renewal fee in the amount of the examination fee<ol> [by $20].
<nl>(d) If failure to renew shall continue for more than <nl>one year<ol> [90 
days] after the date of expiration of the certificate of registration, such 
certificate to practice architecture in this state may be revoked and an entry 
of such revocation made in the official records of the board.
sec.1.85. Reinstatement Fee. <ol> Certificates of registration revoked for any 
cause stated in these rules, may be reinstated by board action only upon payment 
of <nl>the current examination<ol> [$100 as a reinstatement] fee plus the 
current renewal fee. Payments<nl>, by cashier's check or money order, <ol>thus 
required can be remitted only as directed by notices from the board office. The 
reinstatement fee will be waived for emeritus architects.
sec.1.86. Reciprocal Transfer Fee. Initial registration fee for reciprocal 
license in Texas shall be  <nl>$350<ol> [$100].
sec.1.88. Emeritus Fee. <ol> Architects 62 years of age or older, who have 
retired from active practice and/or other related professional activities, may 
request emeritus status. The annual renewal fee for approved emeritus architects 
will be <nl>$10 <ol> [$5.00].
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115017
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-1363
       
Subchapter F. Architect's Seal
22 TAC sec.1.103
The Texas Board of Architectural Examiners proposes an amendment to sec.1. 103, 
concerning the affixation of the architect's seal to documents issued for use in 
this state. The amendment requires the addition of the expiration date of a 
license under the registrant's signature.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the section is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section.
Mr. Norris also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to inform the public whether a document was sealed by an 
architect holding a current certificate of registration. There will be no effect 
on small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 
#107, Austin, Texas 78748, (512) 458-1363.
The amendment is proposed under Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.1.103. Use of Seal.
(a) Architects shall affix their seal, actual signature, <nl>expiration date of 
certificate of registration under their signature,<ol> and date of affixation to 
all original contract documents, including index sheets identifying all drawings 
covered; specification cover and index pages identifying all specification pages 
covered; change orders and supplemental instructions which are developed and 
issued under the supervision or authorship of the architect as contract 
documents. Presentation documents (renderings, drawings used to communicate 
conceptual information only) are not required to be sealed, signed, or dated.
(b)-(j) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115018
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-1363
       
Subchapter H. Rules of Conduct
22 TAC sec.1.143
The Texas Board of Architectural Examiners proposes an amendment to sec.1. 143, 
concerning the rules of conduct for architects. The amendment clarifies the 
board's authority to discipline an architect by reprimand or probation of the 
architect.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the section is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section.
Mr. Norris also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to provide a degree of discipline more appropriate to the 
seriousness of a violation. There will be no effect on small businesses. There 
is no anticipated economic cost to persons who are required to comply with the 
section as proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 
#107, Austin, Texas 78758, (512) 458-1363.
The amendment is proposed under Texas Civil Statutes, Article 249a, which 
provides the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.1.143. Grounds for <nl>Discipline [Suspension, Revocation, or Denial].  The 
board may deny an applicant's eligibility<nl>; reprimand or place on probation 
an architect;<ol> and <nl>,<ol> suspend or revoke an architect's certificate of 
registration upon proof satisfactory to the board the applicant or architect is 
guilty of:
(1)-(5) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115019
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-1363
       
Subchapter I. Charges Against Architects: Action
22 TAC sec.1.161, sec.1.173
The Texas Board of Architectural Examiners proposes amendments to sec.1.161 and 
sec.1.173, concerning disciplinary actions against architects. The amendments 
define and add reprimand and place on probation as findings that may be 
determined after a hearing for alleged violations of law or rules.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
sections.
Mr. Norris also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be increased protection of the public through additional 
disciplines should a registrant be found guilty of alleged violations of law or 
rules. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the sections as 
proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 
#107, Austin, Texas 78758, (512) 458-1363.
The amendments are proposed under Texas Civil Statutes, Article 249a, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.1.161. <nl>Disciplinary Action [Suspension; Revocation].
(a) The board may [suspend or] revoke a certificate of registration for failure 
to register annually and remit renewal fees as described in <nl>Subchapter<ol> 
[Subchapters] D of this chapter (relating to Certification and Annual 
Registration) [and E (relating to Fees)].
(b) The board may <nl>reprimand or place on probation an architect,<ol> 
suspend<nl>, <ol> or revoke a certificate of registration for proof of acts as 
described in Subchapter H of this chapter (relating to Rules of Conduct).
sec.1.173. Findings.
(a) At the conclusion of each hearing and after careful consideration of all the 
evidence, the board shall make a finding in each case. The board may find that:
(1) the complaint is without merit, and should be dismissed; or
(2) the complaint is substantiated and the architect has violated the 
architects' registration law, or board rules and regulations involved. In such 
case, the board shall then determine the penalty to be imposed. The penalty 
shall be one of the following:
(A) <nl>reprimand: the formal notice of the board that the finding has resulted 
in public censure for improper conduct by the registrant;
<nl>(B)<ol>[(A)] suspension: the formal notice of the board that the finding has 
resulted in suspension of the architect's certificate of registration for a 
stated period of time as determined by the board; all or part of which 
suspension may be probated under such terms as may be determined by the board;
<nl>(C)<ol>[(B)] revocation: the formal notice of <nl>the <ol> [this] board that 
the finding has resulted in revocation of the architect's certificate of 
registration;
<nl>(D) place on probation: the formal notice of the board that the finding has 
resulted in disciplinary action, for which the board has granted clemency for a 
stated period of time;
<nl>(E)<ol>[(C)] administrative fine: the formal notice of the board that the 
finding has resulted in an administrative fine being levied against the 
architect.
(b) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115020
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-1363
       
Chapter 3. Landscape Architects
Subchapter A. Scope: Definitions
22 TAC sec.sec.3.5, 3.9, 3.16
The Texas Board of Architectural Examiners proposes amendments to sec.sec.3.5, 
3.9, and 3.16, concerning terms defined herein, officers and employees, and 
official records. The amendments change the name of the registration 
examination, specify that the governor shall appoint the chairman of the board 
in accordance with recent legislation, change the title of a reclassified 
employee of the board, and change language to agree with language in the 
statute.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
sections.
Mr. Norris also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be the use of Sunset Commission recommendation to provide the 
most direct method of ensuring continuity of policy or accountability to the 
state's chief executive officer. There will be no effect on small businesses. 
There is no anticipated economic cost to persons who are required to comply with 
the sections as proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 
#107, Austin, Texas 78758, (512) 458-4126.
The amendments are proposed under Texas Civil Statutes, Article 249c, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.3.5. Terms Defined Herein. The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise.
<nl>   LARE-Landscape Architect Registration Examination, prepared by CLARB.
 [UNE: Uniform National Examination, prepared by CLARB.]
sec.3.9. Officers and Employees. As prescribed by law, the <nl>governor <ol> 
[board] shall <nl>appoint <ol> [elect] a chairman, <nl>the board shall elect 
a<ol> vice-chairman, and secretary-treasurer. <nl>The chairman shall hold office 
until replaced by the governor. The vice-chairman and secretary-treasurer <ol> 
[These officers] shall hold office until their successors [shall] have been 
elected and qualified.
(1) (No change.)
(2) The vice-chairman shall, in the absence of the chairman, fulfill <nl>the<ol> 
[all] responsibilities of the chairman and, if necessary, succeed the chairman 
<nl>until a new chairman has been appointed by the governor<ol> without election 
<nl>in<ol> [during] the then current year.
(3)-(5) (No change.)
(6) The board authorizes the executive director and  <nl>director of 
programs<ol> [Staff Services Officer I] or Administrative Technician IV to sign 
expenditure vouchers.
sec.3.16. Official Records. <ol> Among other official records required by law, 
or by rules of other agencies in support of law, there shall be kept in the 
board offices accurate and current records, including, but not limited to:
(1)-(4) (No change.)
(5) records of candidates: an individual file for each candidate for 
<nl>registration<ol> [licensing], containing the original application, 
educational transcripts, and/or employer certification, evaluation data, records 
of examinations and scores, and date of original registration. Upon 
registration, such files shall be transferred to the registrant's permanent file 
(see also sec.3.50 of this title (relating to reapplication)); and
(6) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115021
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-4126
       
Subchapter B. Registration
22 TAC sec.sec.3.22, 3.25, 3.28
The Texas Board of Architectural Examiners proposes amendments to sec.sec.3.22, 
3.25, and 3.28, concerning the exceptions for applicants for examination, the 
processing of applications for examinations, and reciprocal transfer. The 
amendments will clarify the actions which may affect a person's eligibility as a 
candidate for registration.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
sections.
Mr. Norris also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a clearer understanding of the eligibility requirements for 
persons submitting applications for examination, and the conditions that may 
affect those applications. There will be no effect on small businesses. There is 
no anticipated economic cost to persons who are required to comply with the 
sections as proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 
#107, Austin, Texas 78758, (512) 458-4126.
The amendments are proposed under Texas Civil Statutes, Article 249c, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.3.22. Exceptions.
(a) (No change.)
<nl>(b) The board may require that applications for registration by examination 
include verification that the applicant has complied with the laws governing the 
practice of landscape architecture.
<nl>(c)<ol>[(b)] The application of a person against whom the board has 
initiated legal action may be held at the board's discretion, without approval, 
disapproval, or rejection until the applicant is in full compliance with:
(1)-(4) (No change.)
<nl>(d)<ol>[(c)] When such compliance as referred to in subsection <nl>(c)<ol> 
[(b)] of this section has been secured and evidence furnished, the board shall 
complete the consideration of the application in the regular order of business 
for other applications to the board.
sec.3.25. Processing.
(a)-(b) (No change.)
<nl>(c)  The board shall accept a postmark date as evidence of intent to submit 
an application by the deadline. Proprietary postage meter dates will not be 
accepted as evidence of intent to make timely submission if contradicted by 
postal service postmark dates.
<nl>(d)<ol>[(c)] When received complete and accompanied by required fees, 
applications will be entered into the board records. Information submitted will 
be verified and evaluated, and subsequent submittals may be required of the 
applicant.
sec.3.28. Reciprocal Transfer.
(a)-(d) (No change.)
<nl>(e) The processing fee for reciprocal application transfer is waived if the 
applicant holds a CLARB council certificate.
<nl>(f) <ol>[(e)] Approval of applications for registration by reciprocal 
transfer will be by letter confirming the board action. The fee for 
registration, after approval of application, as stated in Subchapter E of this 
chapter (relating to Fees), must be remitted within 60 days after notification 
of the approval.
<nl>(g)<ol>[(f)] Rejections of applications for registration by reciprocal 
transfer will be by letter explaining the reasons and outlining procedures under 
which reconsideration may be possible.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115022
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-4126
       
Subchapter C. Written Examinations
22 TAC sec.sec.3.43, 3.46, 3.48
The Texas Board of Architectural Examiners proposes amendments to sec.sec.3.43, 
3.46, and 3.48, concerning format, scoring, and reexamination. The amendments 
change the name of the registration examination and provide a procedure for 
candidates to obtain copies of their graphic examination solutions.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
sections.
Mr. Norris also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be to provide candidates an opportunity to review their 
performance on the graphic sections of the examination. There will be no effect 
on small businesses. There is no anticipated economic cost to persons who are 
required to comply with the sections as proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 
#107, Austin, Texas 78758, (512) 458-4126.
The amendments are proposed under Texas Civil Statutes, Article 249c, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.3.43. Format.
(a) Examinations offered by the Texas Board of Architectural Examiners will be 
the <nl>Landscape Architect Registration<ol> [Uniform National] Examination 
<nl>(LARE)<ol> [(UNE)] developed by CLARB and as approved for administration on 
specific dates, in June of each year. The <nl>LARE<ol> [UNE] will be the only 
examination offered for registration.
(b) (No change.)
sec.3.46. Scoring.
(a)-(b) (No change.)
<nl>(c) Each candidate may obtain a copy of his/her graphic portions of Tests 3, 
4, 5, and 6 upon written request and payment of $5.00 per test. (Checks should 
be made payable to the Texas Board of Architectural Examiners.)
sec.3.48. Reexamination.  Candidates will have unlimited opportunities to retake 
individual sections of the <nl>Landscape Architect Registration<ol> [Uniform 
National] Examination they have failed.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TURD-9115023
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-4126
       
Subchapter D. Certification and Registration
22 TAC sec.3.67, sec.3.69
The Texas Board of Architectural Examiners proposes amendment to sec.3.67 and 
sec.3.69, concerning the annual registration procedures and the reinstatement of 
licensure. The amendments will specify the requirement of notification of a 
change of mailing address from registrants, will change the language which 
brings it into compliance with the language in the statute, and explain the 
criteria for reinstatement of license.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
sections.
Mr. Norris also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a record of each registrant's mailing address and 
verification of a reinstatement applicant's continued professional activities 
since revocation of license. There will be no effect on small businesses. There 
is no anticipated economic cost to persons who are required to comply with the 
sections as proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 
#107, Austin, Texas 78758, (512) 458-4126.
The amendments are proposed under Texas Civil Statutes, Article 249c, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.3.67. Annual Registration Procedure. Annual registration renewal notices 
will be sent all registrants to the last known address of record. Instructions 
and dates for remitting will appear on such notices. It is the responsibility of 
the registrant to notify the board in writing of any <nl>change of mailing<ol> 
address [change].
sec.3.69. Reinstatement.
(a)-(b) (No change.)
(c) A registrant whose <nl>certificate of registration<ol> [license] has been 
revoked for a period greater than three years shall [be reexamined prior to 
reinstatement.] <nl>:
<nl>(1) be reexamined prior to reinstatement; or
<nl>(2 apply for reciprocal registration in accordance with sec.3.28 of this 
title (relating to reciprocal transfer).
<nl>(d) Applications for reinstatement may be rejected for any of the reasons 
that an initial application for a certificate may be rejected or that a 
certificate may be revoked.
<nl>(e) The board may require that applications for reinstatement include 
verification that the applicant has complied with the laws governing the 
practice of landscape architecture.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115025
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-4126
       
22 TAC sec.3.70
The Texas Board of Architectural Examiners proposes new  s3.70, concerning 
denial of annual renewal. The amendment will bring the board's rules in 
compliance with the Texas Education Code.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the section is in effect there will be fiscal implications for 
state government as a result of enforcing or administering the section. The 
effect on state government for the first five-year period the section is in 
effect will be an undetermined amount of increase in student loan payments. 
There will be no effect on local government.
Mr. Norris also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be the collection of delinquent student loans guaranteed by the 
Texas Guaranteed Student Loan Corporation. There will be no effect on small 
businesses. There is no anticipated economic cost to persons who are required to 
comply with the section as proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners,, 8213 Shoal Creek Boulevard, 
#107, Austin, Texas 78758, (512) 458-4126.
The new section is proposed under Texas Civil Statutes, Article 249c, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.3.70. Denial of Annual Renewal. Failure, as a student loan borrower, to 
comply with the requirements of the Texas Education Code, sec.57.491, is 
sufficient grounds to deny annual renewal of a registrant's certificate of 
registration.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115024
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-4126
       
Subchapter E. Fees
22 TAC sec.sec.3.81, 3.82, 3.84-3.86, 3.88
The Texas Board of Architectural Examiners proposes amendments to sec.sec.3.81, 
3.82, 3.84-3.86, and 3.88, concerning fees. The amendments increase the fees the 
agency must charge applicants, candidates for examination, and registrants in 
accordance with recent legislation, and clarifies the board's fee deadline 
criterion.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the sections are in effect there will be fiscal implications 
for state government as a result of enforcing or administering the sections. 
There will be no effect on local government. The effect on state government for 
the first five-year period the sections are in effect will be an estimated 
increase in revenue of $25,340 for fiscal year (fy) 1992; $25,025 for fy 1993; 
$24,710 for fy 1994; $24,395 for fy 1995; and $24,080 for fy 1996.
[graphic]
Mr. Norris also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be some fees changes will create increased revenue to the 
state, and other fees will provide full cost recovery without burdening the 
taxpayers. There will be no effect on small businesses. The anticipated economic 
cost to persons who are required to comply with the sections as proposed will be 
$1,080 for fys 1992-1996.
[graphic]
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 
Suite 107, Austin, Texas 78758, (512) 458-4126.
The amendments are proposed under Texas Civil Statutes, Article 249c, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.3.81. General.
(a) (No change.)
(b) Payment shall be made by personal check, money order, or cashier's check 
made payable to the <nl>Texas Board of Architectural Examiners <ol> [Landscape 
Architects Fund]. Notations explaining the payment remitted should be on the 
face of the checks or within cover letters of submittal.
<nl>(c) The board shall accept a postmark date as evidence of intent to remit 
timely payment of a fee. Proprietary postage meter dates will not be accepted as 
evidence of intent to make timely payment if contradicted by postal service 
postmark dates.
sec.3.82. Application and Examination Fees.
(a) (No change.)
(b) Upon approval of the application for the examination, the applicant must 
remit an examination <nl>or record maintenance fees<ol> [fee] as prescribed by 
the board.
sec.3.84. Annual Registration and Renewal Fee.
(a) Notices of annual registration and renewal will be mailed to all landscape 
architects. These notices will specify the fee required <nl>by law<ol>.
(b) (No change.)
(c) Failure to renew a certificate of registration  <nl>within 90 days following 
<ol> [by] the expiration date established by the board shall result in an 
increase <nl>in<ol> [of] the renewal fee <nl>in the amount of one-half the 
examination fee; and, failure to renew within 91 days to one year of the 
expiration date established by the board shall result in an increase in the 
renewal fee in the amount of the examination fee<ol> [by $20].
<nl>(d)  If failure to renew shall continue for more than <nl>one year<ol> [90 
days] after the date of expiration of the certificate of registration, such 
certificate to practice landscape architecture in this state may be revoked and 
an entry of such revocation made in the official records of the board.
sec.3.85. Reinstatement Fee. <ol> Certificates of registration revoked for any 
cause stated in these sections, may be reinstated by board action only upon 
payment of <nl>the current examination<ol> [$100 as a reinstatement] fee plus 
current renewal fee. Payments <nl>, by cashier's check or money order,<ol> thus 
required can be remitted only as directed by notices from the board office. The 
reinstatement fee will be waived for emeritus landscape architects.
sec.3.86. Reciprocal Transfer Fee. Applicants requesting registration in Texas 
by reciprocity from other states must remit an application fee in the amount of 
$25. This fee is not refundable. <nl>If the applicant holds a CLARB council 
certificate the application fee is waived.<ol> If the application is approved, a 
certificate of registration will be issued upon receipt of an initial 
registration fee in the amount of $100.
sec.3.88. Emeritus Fee. <ol> Landscape architects 62 years of age or older, who 
have retired from active practice and/or other related professional activities, 
may request emeritus status. The annual renewal fee for approved emeritus 
landscape architects will be <nl>$10 <ol> [$5.00]. Application for reinstatement 
may be made for which there will be no reinstatement fee.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115026
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-4126
       
Subchapter H. Rules of Conduct
22 TAC sec.3.143
The Texas Board of Architectural Examiners proposes an amendment to sec.3. 143, 
concerning the rules of conduct for landscape architects. The amendment 
clarifies the board's authority to discipline a landscape architect by reprimand 
or probation of the landscape architect.
Robert H. Norris, AIA, executive director, has determined that for the first 
five-year period the section is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section.
Mr. Norris also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be to provide a degree of discipline more appropriate to the 
seriousness of a violation. There will be no effect on small businesses. There 
is no anticipated economic cost to persons who are required to comply with the 
section as proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 
Suite 107, Austin, Texas 78758, (512) 458-4126.
The amendment is proposed under Texas Civil Statutes, Article 249c, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.3.143. Grounds for <nl>Discipline [Suspension, Revocation, or Denial].  The 
board may deny an applicant's eligibility<nl>; reprimand or place on probation a 
landscape architect;<ol> and<nl>,<ol> suspend or revoke a landscape architect's 
certificate of registration upon proof satisfactory to the board the applicant 
or landscape architect is guilty of:
(1)-(5) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115027
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-4126
       
Subchapter I. Charges Against Landscape Architects; Action
22 TAC sec.3.158, sec.3.169
The Texas Board of Architectural Examiners proposes an amendment to sec.3. 158 
and sec.3.169, concerning disciplinary actions against landscape architects. The 
amendments define and add reprimand and place on probation as findings that may 
be determined after a hearing for alleged violations of law or rules.
Robert H. Norris, AIA, executive director has determined that for the first 
five-year period the sections are in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
sections.
Ms. Norris also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be increased protection of the public through additional 
disciplines should a registrant be found guilty of alleged violations of law or 
rules. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the sections as 
proposed.
Comments on the proposal may be submitted to Robert H. Norris, AIA, Executive 
Director, Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, 
#107, Austin, Texas 78758, (512) 458-4126.
The amendment is proposed under Texas Civil Statutes, Article 249c, which 
provide the Texas Board of Architectural Examiners with the authority to 
promulgate rules.
sec.3.158. <nl>Disciplinary Action [Suspension and Revocation].
(a) The board may [suspend or] revoke a certificate of registration for failure 
to register annually and remit renewal fees as described in <nl>Subchapter<ol> 
[Subchapters] D [and E] of this chapter (relating to Certification and Annual 
Registration[; and Fees]).
(b) The board may <nl>reprimand or place on probation a landscape architect,<ol> 
suspend <nl>,<ol> or revoke a certificate of registration for proof of acts as 
described in Subchapter H of this chapter (relating to Rules of Conduct).
sec.3.169. Findings.
(a) At the conclusions of each hearing and after careful consideration of all 
the evidence, the board shall make a finding in each case. The board may find 
that:
(1) the complaint is without merit, and should be dismissed; or
(2) the complaint is substantiated and the landscape architect has violated the 
Landscape Architects' Registration Law, or board rules and regulations involved. 
In such case, the board shall then determine the penalty to be imposed. The 
penalty shall be one of the following.
<nl>(A) Reprimand. The formal notice of the board that the finding has resulted 
in public censure for improper conduct by the registrant.
<nl>(B)<ol>[(A)] Suspension. The formal notice of the board that the finding has 
resulted in suspension of the landscape architect's certificate of registration 
for a stated period of time as determined by the board; all or part of which 
suspension may be probated under such terms as may be determined by the board.
<nl>(C)<ol>[(B)] Revocation. The formal notice of <nl>the <ol> [this] board that 
the finding has resulted in revocation of the landscape architect's certificate 
of registration.
<nl>(D) Place on Probation. The formal notice of the board that the finding has 
resulted in disciplinary action, for which the board has granted clemency for a 
stated period of time.
(b) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on November 27, 1991.
TRD-9115028
Robert H. Norris
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 458-4126
       
TITLE 25. HEALTH SERVICES
Part II. Texas Department of Mental Health and Mental Retardation
Chapter 401. System Administration
Subchapter J. Licensure of Private Psychiatric Hospitals
25 TAC sec.sec.401.581-401.592
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Texas 
Department of Mental Health and Mental Retardation or in the Texas Register 
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Mental Health and Mental Retardation (TXMHMR) proposes 
the repeal of sec.sec.401.581-401.592, concerning licensure of private 
psychiatric hospitals. The subchapter is also repealed on an emergency basis in 
this Texas Register.
The subchapter would be replaced with new sections, which are also known as 
Chapter 401, Subchapter J, concerning licensure of private psychiatric 
hospitals, which are also adopted on an emergency basis and proposed in this 
issue of the Texas Register.
The purpose of the repeal is to allow the adoption of a new subchapter that 
establishes a number of safeguards for individuals receiving mental health 
services at private psychiatric hospitals in Texas. To the extent possible, the 
same standard of care and methods for protecting patient rights are established 
for all Texans receiving mental health services, without regard to location of 
service, i.e., whether receiving services at state hospitals or private 
psychiatric hospitals.
Leilani Rose, director, Office of Financial Services, has determined that there 
will be no significant fiscal implications for state or local government as a 
result of the repeals. There is no anticipated local economic impact.
Dennis Jones, commissioner, has determined that for each of the first five years 
the repeals are in effect the public benefit anticipated as a result of 
enforcing the repeals will be the repeal of outdated rules to enable the 
adoption of rules that assist the Texas Department of Mental Health and Mental 
Retardation in better protecting the health, welfare, and safety of individuals 
seeking or receiving services at private psychiatric hospitals. There will be no 
effect on small businesses. There is no anticipated economic cost to persons who 
are required to comply with the repeals as proposed.
Comments on the proposal may be submitted to Linda Logan, director, Policy 
Development, Texas Department of Mental Health and Mental Retardation, P.O. Box 
12668, Austin,Texas 78711-2668, within 30 days of publication.
The repeals are proposed under the Texas Health and Safety Code, sec.532.015 
(Texas Civil Statutes, Article 5547-202, sec.2.11), which provides the Texas 
Department of Mental Health and Mental Retardation with broad rulemaking powers; 
and under the Texas Health and Safety Code, sec.577.010 (Texas Mental Health 
Code, Article 5547-95), which provides the Texas Department of Mental Health and 
Mental Retardation with rulemaking powers specific to private psychiatric 
hospitals. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the repeals as 
proposed.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 3, 1991.
TRD-9115154
Ann K. Utley
Chairman
Texas Board of Mental Health and Mental Retardation
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 465-4670
       
25 TAC sec.sec.401.581-401.593
(Editor's Note: The Texas Department of Mental Health and Mental Retardation 
proposes for permanent adoption the new sections it adopts on an emergency basis 
in this issue. The text of the new sections is in the Emergency Rules section of 
this issue.)
The Texas Department of Mental Health and Mental Retardation (TXMHMR) proposes 
new sec.sec.404.581-404.593, concerning licensure of private psychiatric 
hospitals. The new subchapter is adopted on an emergency basis in this issue of 
the Texas Register. The subchapter that would be replaced, which is also known 
as Chapter 401, Subchapter J, concerning licensure of private psychiatric 
hospitals, is proposed for repeal and repealed on an emergency basis in this 
issue of the Texas Register.
The purpose of the new subchapter is to establish a number of safeguards for 
individuals receiving mental health services at private psychiatric hospitals in 
Texas. To the extent possible, the same standard of care and methods for 
protecting patient rights are established for all Texans receiving mental health 
services, without regard to location of service, i.e., whether receiving 
services at state hospitals or private psychiatric hospitals.
Key provisions of the new subchapter include: the distinction between reviews of 
programmatic issues and reviews for compliance with state and federal laws and 
TXMHMR rules; the articulation of a "Patient Bill of Rights," including explicit 
instructions for making complaints, with requirements for the communication of 
this information to all individuals seeking services; the authorization of the 
Texas Department of Mental Health or Mental Retardation or its duly authorized 
agents to investigate compliance issues related to state and federal law and 
TXMHMR rules; the requirement that no patient be admitted to a private 
psychiatric facility unless personally evaluated by a physician who authorizes 
the admission; the prohibition of remuneration of any type for making or 
accepting illegal patient referrals; the explicit prohibition against coercion 
of voluntary patients to continue treatment, and the requirement that within 24 
hours of a voluntary patient's request for discharge, the patient must be 
examined by a physician and assessed for discharge readiness, with documentation 
in the patient record of the rationale if the patient is to be further detained; 
and the specification that licensure for hospitals not seeking or obtaining 
accreditation or certification is limited to two years, at which time 
programmatic review will be necessary for relicensure. The new rules emphasize 
the authority of the department to enter onto the premises of private 
psychiatric hospitals for purposes of ascertaining compliance with state and 
federal laws and TXMHMR rules.
Leilani Rose, director, Office of Financial Services, has determined that there 
will be significant fiscal implications for state government and no significant 
fiscal implications for local government. Given the uncertain status of 
compliance of private psychiatric hospitals statewide, the increased cost of 
enforcement to the state is estimated to be approximately $160,000 for fiscal 
year 1992 and $210,000 annually for fiscal years 1993-1996.
The anticipated cost to small businesses cannot be estimated, but is directly 
related to the extent to which individual private psychiatric hospitals are 
currently operating within existing state and federal laws. For entities 
complying with the law, the anticipated additional cost is expected to be 
minimal. There is no anticipated local economic impact.
Dennis Jones, commissioner, has determined that for the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be the adoption of rules that enable the Texas Department of 
Mental Health and Mental Retardation to better protect the health, welfare, and 
safety of individuals seeking or receiving services at private psychiatric 
hospitals and to better ensure an equivalent standard of care for patients 
without regard to location of service. There is no anticipated economic cost to 
persons who are required to comply with the sections as proposed.
A public hearing to accept testimony concerning the proposal will be held on 
December 16, 1991, at 9:30 p.m. in the auditorium of the central office of 
TXMHMR, at 909 West 45th Street, Austin. Individuals requiring an interpreter 
for the hearing impaired should contact Linda Logan, director, Policy 
Development, at least 72 hours prior to the hearing.
Comments on the proposal may be submitted to Linda Logan, Director, Policy 
Development, Texas Department of Mental Health and Mental Retardation, P.O. Box 
12668, Austin,Texas 78711-2668, within 30 days of publication.
The new sections are proposed under the Texas Health and Safety Code, sec.532. 
015 (Texas Civil Statutes, Article 5547-202, sec.2.11), which provides the Texas 
Department of Mental Health and Mental Retardation with broad rulemaking powers; 
and under the Texas Health and Safety Code, sec.577.010 (Texas Mental Health 
Code, Article 5547-95), which provides the Texas Department of Mental Health and 
Mental Retardation with rulemaking powers specific to private psychiatric 
hospitals.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 3, 1991.
TRD-9115156
Anne K. Utley
Chairman
Texas Board of Mental Health and Mental Retardation
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 465-4670
       
TITLE 34. PUBLIC FINANCE
Part I. Comptroller of Public Accounts
Chapter 3. Tax Administration
Subchapter S. Interstate Motor Carrier Sales and Use Tax
34 TAC sec.3.443
The Comptroller of Public Accounts proposes an amendment to sec.3.443, 
concerning imposition of interstate motor carrier (IMC) tax. The change is a 
result of the amendment of the Tax Code, sec.157.001(7) by the 72nd Legislature, 
1991. The amendment expanded the definition of "semitrailer" in subsection 
(a)(3) to include vans, flatbeds, tanks, dumpsters, dollies, jeeps, stingers, 
auxiliary axles, and converter gears. This equipment was previously taxed under 
limited sales, excise, and use tax. The effective date is September 1, 1991.
To avoid confusion, the amendment to the section does not include "vans, 
flatbeds, tanks, and dumpsters," as they have already been taxed under IMC tax 
or motor vehicle sales and use tax.
Tom Plaut, chief revenue estimator, has determined that for the first five-year 
period the proposed section will be in effect there will be no significant 
revenue impact on the state or local government as a result of enforcing or 
administering the section. This section is adopted under the Tax Code, Title 2, 
and does not require a statement of fiscal implications for small businesses.
Dr. Plaut also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be in providing new information regarding tax responsibilities. 
There is no anticipated economic cost to persons who are required to comply with 
the proposed section.
Comments on the proposal may be submitted to Lucy Glover, Manager, Tax 
Administration Division, P.O. Box 13528, Austin, Texas 78711.
The amendment is proposed under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
sec.3.443. Imposition of Tax after Effective Date.
(a)  Definitions. The following words and terms, when used in this section, 
shall have the following meanings, unless the context clearly indicates 
otherwise.
(1) Interstate motor vehicle.
(A) A motor vehicle which:
(i) could be registered on an apportioned basis if it were registered in a state 
or province that is a member of the International Registration Plan;
(ii) is operated in two or more states or provinces; and
(iii) either:
(I) has a gross vehicle weight in excess of 26,000 pounds;
(II) has three or more axles; or
(III) is used in combination with a trailer or semitrailer, when the gross 
weight of the combination exceeds 26,000 pounds.
(B) Charter buses are interstate motor vehicles if they meet the requirements 
specified in subparagraphs (A)(i) and (ii) of this paragraph.
(C) Any motor vehicle which is operated in two or more states and which has 
actually been registered on an apportioned basis under the International 
Registration Plan is also an interstate motor vehicle.
(2) Purchase-Includes a lease of a motor vehicle without a driver for a period 
exceeding 180 days.
(3) Semitrailer-A vehicle of the trailer type so designed or used in conjunction 
with a motor vehicle that some part of its own weight and that of its load rests 
upon or is carried by another vehicle. <nl>For the purposes of the Tax Code, 
sec.157.001(7), and this subsection, effective September 1, 1991, "semitrailer" 
includes dollies, jeeps, stingers, auxiliary axles, and converter gears.
(4) Trailer-A vehicle designed or used to carry its load wholly on its own 
structure and to be drawn by a motor vehicle.
(5) Truck-tractor-A motor vehicle which is designed or used primarily for 
drawing other vehicles and which is constructed so as to be able to carry a part 
of the weight of the vehicle and the load being drawn.
(b)  Effective date-proportioned tax. Any interstate motor vehicle, trailer or 
semitrailer which is operated by a motor carrier who is a resident, domiciled, 
or doing business in Texas and which was purchased in Texas or which was first 
brought into Texas before January 1, 1982, will not be subject to the interstate 
motor carrier tax. The burden of proving that an interstate motor vehicle, 
trailer or semitrailer was used in Texas before January 1, 1982, is upon the 
motor carrier making the claim. A vehicle "first brought into Texas" includes 
those entering Texas for the first time ever, and those entering Texas for the 
first time:
(1) after a change in ownership or lease contract; or
(2) while they are operated by a different motor carrier.
(c) Effective date-contracts. The tax imposed by the Tax Code, sec.157.102(d) 
and (e), will be due only upon those contracts entered into after December 31, 
1981.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 3, 1991.
TRD-9115111
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Earliest possible date of adoption: January 10, 1991
For further information, please call: (512) 463-4028
       
Subchapter Z. Coastal Protection Fee
34 TAC sec.3.692
The Comptroller of Public Accounts proposes new sec.3.692, concerning 
definitions. Senate Bill 14, adopted in the 72nd Legislature, 1991, requires the 
comptroller to administer and enforce the collection of the coastal protection 
fee imposed on crude oil off-loaded from vessels or loaded onto vessels at 
marine terminals located in Texas. This new section provides for the definition 
of certain terms. The new section was adopted on an emergency basis on June 5, 
1991, and published in the June 14, 1991, issue of the Texas Register (16 TexReg 
3235). The definitions in this section will be applied retroactively to May 27, 
1991, the effective date of the legislation.
Tom Plaut, chief revenue estimator, has determined that for the first five-year 
period the proposed section will be in effect there will be no significant 
revenue impact on the state or local government as a result of enforcing or 
administering the section.
Dr. Plaut also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be in providing guidelines for who would need to remit the tax and 
what would be taxable as condensate and crude oil. This section is adopted under 
the Tax Code, Title 2, and does not require a statement of fiscal implications 
for small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed.
Comments on the new section may be submitted to Lucy Glover, Manager, Tax 
Administration Division, P.O. Box 13528, Austin, Texas 78711.
The new section is proposed under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
sec.3.692. Definitions.  The following words and terms, when used in this 
section, shall have the following meanings, unless the context clearly indicates 
otherwise.
 Condensate-Any liquid hydrocarbon condensed from a natural gas stream and 
existing at atmospheric pressure and temperature.
(A)  Condensate includes, but is not limited to, liquid hydrocarbons:
(i)  recovered by non-mechanical processes such as conventional gravity 
separators;
(ii) recovered by a treating facility such as a gas compression or dehydration 
facility; or
(iii) recovered at pipeline drip stations.
(B) Condensate does not include liquid hydrocarbons which may be recovered only 
by mechanical separation processes such as refrigeration, absorption, or 
distillation.
 Crude oil-Any naturally occurring liquid hydrocarbon at atmospheric temperature 
and pressure coming from the earth, including condensate.
(A) Crude oil includes, but is not limited to, crude oil:
(i)  as it exists at atmospheric pressure and temperature when it is produced;
(ii) as it exists after initial gas separation and/or stabilization; or
(iii) as it exists after treating and/or conditioning for the removal of water 
and/or other impurities, and is sold, shipped, or purchased as crude oil.
(B) Crude oil does not include any product which has been physically separated 
from crude oil.
 Marine terminal -Any waterfront or offshore facility used for transferring 
crude oil to or from cargo vessels, including all associated pipelines, 
structures, devices, or equipment. Marine terminals include, but are not limited 
to, the following:
(A) loading docks;
(B) sea terminals;
(C) transshipment terminals; and
(D)  production/drilling platforms or rigs.
 Operator-Any person owning a terminal facility or operating a terminal facility 
by lease, contract, or other form of agreement.
 Vessel-Every description of watercraft or other contrivance used or capable of 
being used as a means of transportation on water, whether self-propelled or 
otherwise. Examples include, but are not limited to, the following:
(A) barges;
(B) tankers;
(C) ships; and
(D) any container aboard a barge, tanker, etc., which may be used for 
transporting crude oil.
 Waterfront-Land or structures fronting or abutting on the waters or bed of the 
Gulf of Mexico within the jurisdiction of the State of Texas, including any 
other contiguous waters that are navigable by vessels with a capacity to carry 
10,000 gallons or more of oil as fuel or cargo.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 3, 1991.
TRD-9115074
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 463-4028
       
Chapter 9. Property Tax Administration
Subchapter A. Practice and Procedure
34 TAC sec.sec.9.1-9.6
The Comptroller of Public Accounts proposes new sec.sec.9.1-9.6, concerning 
protests by school districts, county education districts, certain property 
owners, and appraisal districts of its property value study's preliminary 
findings. The new sections are necessary because new legislation transferred 
responsibility for conducting the property value study and property value study 
protests to the comptroller. The new sections clearly describe the agency's 
protest procedures, including its general rules concerning protests; who may 
protest; when a petitioner may file a protest petition.
Tom Plaut, chief revenue estimator, has determined that for the first five-year 
period the sections are in effect there will be no significant revenue impact on 
the state or local government as a result of enforcing or administering the 
sections.
Dr. Plaut also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be that petitioners will benefit from having clearly described 
procedures for protesting, conducting hearings, and reaching a final decision 
concerning protests of the preliminary findings of the property value study. 
There will be no effect on small businesses. There is no anticipated economic 
cost to who are required to comply with the sections as proposed.
Comments on the new sections may be submitted to Barbara Truesdale, Manager, 
Property Tax Division, 4301 Westbank Drive, Austin, Texas 78746-6565.
The new sections are proposed under the Education Code,  s11.86(e), which 
provides the comptroller with the authority to adopt procedural rules governing 
the conduct of protest hearings.
sec.9.1. Intent and Scope of Property Value Study Protest Rules.  <ol> The 
property value study protest rules are intended to provide a petitioner with a 
clear process for resolving a disagreement with the Comptroller of Public 
Account's preliminary findings of property value certified to the commissioner 
of education pursuant to the Education Code, sec.11.86(c) or (d), and the 
measures of degree of uniformity and the median level of appraisals made 
pursuant to the Tax Code,  s5.10. These rules govern all aspects of a property 
value study protest.
sec.9.2. Construction of Property Value Study Protest Rules.  Rules concerning 
protests of the preliminary findings of property value certified to the 
commissioner of education pursuant to the Education Code, sec.11. 86(c) or (d), 
and the measures of degree of uniformity and the median level of appraisals made 
pursuant to the Tax Code, sec.5.10, will be reasonably construed in the rule's 
total context and in a manner providing a fair decision for every protest.
sec.9.3. Definitions.  The following words and terms, when used in this 
subchapter, shall have the following meanings, unless the context clearly 
indicates otherwise.
 Agent-The individual that the petitioner is required to designate in the 
petition to perform the following activities on behalf of the petitioner:
(A) receive and act on all notices, orders, decisions, exceptions, replies to 
exceptions, and any other communications regarding the petitioner's protest;
(B) resolve any matter raised in petitioner's petition;
(C) present evidence and argument at petitioner's protest hearing, unless 
petitioner at the hearing designates another individual as his authorized 
representative; and
(D) any other action required of petitioner.
 Appraisal district measures-The comptroller's measures of the degree of 
uniformity and median level of appraisal of an appraisal district made under the 
Tax Code, sec.5.10.
 Decision-An official finding made by the hearing examiner concerning a protest 
of property value study findings.
 District-A school district and a county education district. District does not 
include an appraisal district.
 Person-Any individual, partnership, corporation, association, governmental 
subdivision, or public or private organization.
 Petition-The document and supporting evidence filed by petitioner indicating 
disagreement with the comptroller's preliminary findings or appraisal district 
measures.
 Petitioner-Any person who submits a petition seeking redetermination of the 
comptroller's preliminary findings or appraisal district measures.
 Preliminary findings -The comptroller's findings of district property value 
delivered to a district and certified to the commissioner of education under the 
Education Code, sec.11.86(c) or (d).
 Protest-A disagreement by a district, property owner, or appraisal district 
with the comptroller's preliminary findings or appraisal district measures 
initiated by timely filing the petition required by sec.9.6 of this title 
(relating to Filing a Protest).
 Ratio study-A study designed to evaluate appraisal performance through a 
comparison on a representative sample of properties of appraised values made for 
tax purposes with independent estimates of market value based either on sales 
prices or independent appraisals.
sec.9.4. General Provisions.
(a) Timely filing. All petitions and other documents related to a protest of the 
comptroller's preliminary findings or appraisal district measures shall be filed 
with the Comptroller of Public Accounts of the State of Texas, Property Tax 
Division manager. No document or petition is filed until actually received. 
However, any petition or other document is timely filed if it is sent to the 
property tax division manager by:
(1) first-class United States mail in a properly addressed and stamped envelope 
or wrapper, and the envelope or wrapper exhibits a legible postmark affixed by 
the United States Postal Service showing that the petition or other document was 
mailed on or before the last day for filing; or
(2)  an express mail corporation in a properly addressed envelope or wrapper, 
and the envelope or wrapper exhibits a legible date showing that the petition or 
other document was delivered to the express mail corporation for delivery on or 
before the last day for filing.
(b) Extension of time. A request for an extension of time shall be requested and 
approved in writing by the hearing examiner before the original deadline for 
which the extension is requested. No more than one extension during an appeals 
period may be granted for each petitioner. An extension may not extend the 
deadline for more than 10 days. An extension shall be granted only for good 
cause shown, and if the reason for the extension is not the petitioner's 
neglect, indifference, or lack of diligence. Good cause does not include a claim 
that the deadlines established in these rules are too short to meet the 
deadline.
(c) Computing a time period. In computing a period of time, the period begins on 
the day after the act or event in question and ends on the last day of the time 
period. If the last day of the time period is a Saturday, Sunday, or state or 
federal legal holiday the period of time runs until the end of the first day 
which is neither a Saturday, Sunday, or state or federal legal holiday.
(d) Hearing examiner. The protest hearing will be conducted by a hearing 
examiner.
(e) Informal preliminary conference. Before a scheduled protest hearing the 
comptroller or a petitioner may request a preliminary conference to clarify the 
issues or resolve the protest. If the request is accepted, the conference shall 
be scheduled during business hours at the offices of the comptroller or at a 
time mutually agreeable to the comptroller and the petitioner. A hearing 
examiner may not attend a preliminary conference.
sec.9.5. Who May Protest.
(a) A district may protest the preliminary findings of its taxable value of 
property.
(b) A district may protest the denial of an audit request or the preliminary 
findings of an audit of taxable value of property within the district.
(c) An owner of property included in a sample used by the comptroller to 
determine the taxable value of a category of property in a district may protest 
the comptroller's preliminary findings of value if the total ad valorem tax 
liability on the owner's properties included in the category sample for the 
district is $100,000.
(d) An appraisal district may protest the comptroller's measures, made under the 
Tax Code, sec.5.10, of the level and uniformity of property appraisals within 
the district.
(e) A protest filed by a property owner or an appraisal district will not be 
considered for any purposes to be a protest filed by a district.
sec.9.6. Filing of a Protest. A petition for a protest of the preliminary 
findings of taxable value or measures of degree of uniformity or median level of 
appraisal must be filed within 40 days after the date the comptroller certifies 
preliminary findings of district taxable value to the commissioner of education. 
A petition for a protest of the preliminary findings of an audit of taxable 
values must be filed within 40 days of the date the district received 
preliminary findings of the audit. Except as provided by subsection (e) of this 
section and sec.9.4(b) of this title (relating to General Provisions), no 
additional evidence may be submitted after the deadline for filing the petition.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 4, 1991.
TRD-9115146
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Earliest possible date of adoption: January 10, 1992
For further information, please call: (512) 463-4028
       
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part I. Texas Department of Human Services
Chapter 4. Medicaid Programs-Children and Pregnant Women
Eligibility Requirements
40 TAC sec.4.1006
The Texas Department of Human Services (DHS) proposes an amendment to sec.4. 
1006 concerning requirements for application for Medicaid. The amendment is 
proposed as a result of a policy clarification from the Health Care Financing 
Administration removing the relationship requirement for certain Medicaid-
eligible children. As a result, DHS is changing its policy to allow certain 
children born on or after October 1, 1983, to be eligible for Medicaid 
irrespective of their relationship to the person(s) with whom they live.
Burton F. Raiford, interim commissioner, has determined that for the first five-
year period the proposed amendment will be in effect there will be fiscal 
implications as a result of enforcing or administering the amendment. The effect 
on state government for the first five-year period the amendment will be in 
effect is an estimated additional cost of $2,293,579 for fiscal year 1992; $8, 
223,907 for fiscal year 1993; $9,068,445 for fiscal year 1994; $9,724,511 for 
fiscal year 1995; and $10,305,061 for fiscal year 1996. There will be no fiscal 
implications for local government or small businesses as a result of enforcing 
or administering the amendment.
Mr. Raiford also has determined that for each year of the first five years the 
amendment is in effect the public benefit anticipated as a result of enforcing 
the amendment will be that additional needy individuals will receive Medicaid 
benefits. There is no anticipated economic cost to persons who are required to 
comply with the proposed amendment.
Questions about the content of the proposal may be directed to Rita King at 
(512) 450-4148 in DHS's Client Self-Support Services. Comments on the proposal 
may be submitted to Nancy Murphy, Policy and Document Support-345, Texas 
Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, 
within 30 days of publication in the Texas Register .
The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs.
sec.4.1006. Requirements for Application. To be eligible for the Medicaid 
Programs for Children and Pregnant Women (CPW) Program, clients must meet the 
following requirements.
(1)-(2) (No change.)
(3) Age and relationship. Eligible children must meet the age and relationship 
requirements outlined in the AFDC rules with the following exceptions.
(A) -(D) (No change.)
<nl>(E) Children listed in sec.4.1004(2) and (3) of this title (relating to 
Eligible Groups) do not need to meet the relationship/domicile requirements.
(4)-(8) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 3, 1991.
TRD-9115096
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Proposed date of adoption: February 1, 1992
For further information, please call: (512) 450-3765
       
Chapter 5. Medicaid Programs for Aliens
Subchapter B. Medicaid Benefits for Aliens Not Legally Residing in the U.S.
40 TAC sec.5.2004
The Texas Department of Human Services (DHS) proposes an amendment to sec.5. 
2004, concerning eligibility requirements for Medicaid. The amendment is 
proposed as a result of a policy clarification from the Health Care Financing 
Administration removing the relationship requirement for certain Medicaid-
eligible children. As a result, DHS is changing its policy to allow certain 
children born on or after October 1, 1983, to be eligible for Medicaid 
irrespective of their relationship to the person(s) with whom they live.
Burton F. Raiford, interim commissioner, has determined that for the first five-
year period the amendment is in effect there will be fiscal implications as a 
result of enforcing or administering the amendment. The effect on state 
government for the first five-year period the amendment is in effect will be an 
estimated additional cost of $2,293,579 for fiscal year 1992; $8,223,907 for 
fiscal year 1993; $9,068,445 for fiscal year 1994; $9,724,511 for fiscal year 
1995; and $10,305,061 for fiscal year 1996. There will be no fiscal implications 
for local government.
Mr. Raiford also has determined that for each year of the first five years the 
amendment is in effect the public benefit anticipated as a result of enforcing 
the amendment will be that additional needy individuals will receive Medicaid 
benefits. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the proposed amendment.
Questions about the content of the proposal may be directed to Rita King at 
(512) 450-4148 in DHS's Client Self-Support Services. Comments on the proposal 
may be submitted to Nancy Murphy, Policy and Document Support-345, Texas 
Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714-9030, 
within 30 days of publication in the Texas Register .
The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs.
sec.5.2004. Eligibility Requirements. <ol>Applicants for medical coverage must 
meet the eligibility requirements in Chapter 2 of this title (relating to the 
Medically Needy Program)<nl>, with the following exceptions:
(1) sec.2.1006(a) of this title (relating to Requirements for Application) does 
not apply;
<nl>(2) the following children do not need to meet the relationship/domicile 
requirements:
<nl>(A) children under six whose family income is less that 133% of the federal 
poverty level and whose total resources are less than the food stamp resource 
limit for households with no members age 60 or over; and
<nl>(B) children age six or older born on or after October 1, 1983, whose family 
income is less that 100% of the federal poverty level and whose total resources 
are less than the food stamp limit for households with no members age 60 or 
over.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 3, 1991.
TRD-9115097
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Proposed date of adoption: February 1, 1992
For further information, please call: (512) 450-3765