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 1. ADMINISTRATION Part IV. Office of the Secretary of State Chapter 71. Office of the Secretary of State Practice and Procedure 1 TAC sec.71.9 The Office of the Secretary of State adopts an amendment to sec.71.9(c) concerning fees; payment of money; and refunds, without changes to the proposed text as published in the November 12, 1991, issue of the Texas Register (16 TexReg 6523). The amendment was necessary to clarify the policies regarding refunds of monies paid to the secretary of state. Section 71.9(c) sets out the circumstances under which monies paid to the secretary of state are subject to refund by the agency. No comments were received regarding adoption of the amendment. The amendment is adopted under the Government Code, sec.405.034, which provides the Office of the Secretary of State with the authority to refund monies paid to the office. 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 12, 1991. TRD-9115924 Lorna Wassdorf Special Assistant, Statutory Filings Division Office of the Secretary of State Effective date: January 6, 1992 Proposal publication date: November 12, 1991 For further information, please call: (512) 463-5701 Chapter 81. Elections Voting Systems 1 TAC sec.81.54 The Office of the Secretary of State adopts new sec.81.54 concerning elections, without changes to the proposed text as published in the October 11, 1991, issue of the Texas Register (16 TexReg 5639). The new section is necessary to obtain and maintain uniformity in the application of the provisions of the Texas Election Code regarding direct recording electronic voting systems. This type of voting system has recently been certified for use in elections in Texas, and current election law does not prescribe adequate guidelines for its use. The new section will function to obtain and maintain uniformity in the application of the provisions of the Texas Election Code regarding voting systems. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Election Code, sec.31.003, which requires the Secretary of State to obtain and maintain uniformity in the application, interpretation, and operation of the Texas Election Code and election laws, and in performing such duties as preparation of detailed and comprehensive written directives and instructions based on such 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 December 16, 1991. TRD-9115959 Tom Harrison Special Assistant for Elections Office of the Secretary of State Effective date: January 6, 1992 Proposal publication date: October 11, 1991 For further information, please call: (512) 463-5650 TITLE 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce Chapter 176. Enterprise Zone Program 10 TAC sec.sec.176.1-176.10 The Department of Commerce (Commerce) adopts amendments to 10 TAC sec.sec.176. 1-176.10. Sections 176.1-176.3 and 176.10, are adopted with changes to the proposed text as published in the October 25, 1991 issue of the Texas Register (16 TexReg 5931). Sections 176.4, 176.5, 176.6, 176.7, 176.8, and 176.9 are adopted without changes and will not be republished. The proposed amendments incorporate changes to the rules to implement changes in the 72nd Legislature. Changes proposed in this publication are to correct errors in previous publication. Changes include authority to designate enterprise projects from September 1, 1991-August 31, 1993, from a job pool of 10,000 jobs; broadens the definition of an economically disadvantaged person; broadens criteria to determine zone designation eligibility; authorizes a fee to be charged by Commerce for applications to amend zone boundaries. Other rule changes generally clarify application and certification procedures. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Enterprise Zone Act, Article 5190. 7 sec.8(a)(4), which provides the Texas Department of Commerce with the authority to adopt all rules necessary to carry out the purposes of the Texas Enterprise Zone Act. sec.176.1. General Provisions. (a)-(b) (No change.) (c) Definition of terms. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1)-(6) (No change.) (7)-(18) (No change.) (19) Qualified business-A person, including a corporation or other entity that the department, for purposes of state benefits under this Act, and a governing body, for purposes of local benefits, certifies to have met the following criteria: (A)-(B) (No change.) (C) A franchise or subsidiary of a new or existing business may be certified by the governing body of an enterprise zone as a qualified business if the franchise or subsidiary is located entirely in the zone and maintains separate books and records of the business activity conducted in the zone. (20)-(22) (No change.) sec.176.2. Filing Requirements for Applications and Claims. (a) Form. (1) Enterprise Zones and Enterprise Projects. An application must be filed on letter-sized paper and must contain all information and documentation required under the Act and this chapter, as applicable. The application must be submitted in a three-ring loose-leaf binder with the information tabbed according to sec.176.4 of this title (relating to Application Contents for Designation of Enterprise Zones) or to amend the boundaries of a designated enterprise zone. Each application for designation as an enterprise zone, for enterprise zone boundary amendments, and for enterprise project designation must include an application/review guide as provided by the department. (2) (No change.) (b)-(f) (No change.) sec.176.3. Eligibility Requirements for Designation of an Enterprise Zone. (a)-(b) (No change.) (c) Documentation. For the purpose of showing that an area is qualified to be designated as an enterprise zone, the applicant must submit documentations, including the source, methodology and certification of the data by the person or persons responsible for its preparation. The applicant may, subject to the prior approval of the department, submit data, analysis, or other information which is generated locally by the applicant or on behalf of the applicant. The department will consider current any documentation, if at the time an application is received by the department, such documentation was the most current data that was available not more than 90 days preceding the date the application was received by the department. The department will consider current, at the time of application to amend an enterprise zone boundary or nominate an enterprise project, any documentation generated by local survey that is allowed by the Act and this chapter, within two years of the date the survey was conducted. (1)-(7) (No change.) (d) Citizen participation. The department will not approve the designation of an area as an enterprise zone unless: (1)-(2) (No change.) sec.176.10. Boundary amendments. (a) If an enterprise zone has been lawfully designated, the original nominating governing body or bodies, by resolution, ordinance, or order adopted following a public hearing, may apply to the department to amend the original boundaries subject to the following limitations. (1) The boundaries as amended must not exceed the size limitations and boundary requirements set by the Act and may not exclude any part of the zone within the boundaries as originally designated. (2) The enterprise zone, including any added land area, must continue to meet all unemployment or other economic distress criteria for enterprise zone designation throughout the zone as required by the Act and this chapter. (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 December 16, 1991. TRD-9116047 Cathy Bonner Executive Director Texas Department of Commerce Effective date: January 8, 1992 Proposal publication date: October 25, 1991 For further information, please call: (512) 472-5059 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter B. Operating Certificates, Permits and Licenses The Railroad Commission of Texas adopts amendments to sec. sec.5.37, 5.40, 5.184, 5.346, 5.386, 5.458, 5.502, 5.503, and 5.507, concerning armored contract carriers; intercorporate transportation exemption; insurance carrier; evidence of liability security; filing fee accompanying application; applications for registration of commercial motor vehicles, liability insurance for commercial carriers; and temporary registration for international commercial carriers, without changes to the proposed text as published in the October 29, 1991, issue of the Texas Register (16 TexReg 6118). The amendments are adopted as a result of House Bills 1 and 11, adopted by the First Called Session of the 72nd Legislature, which became effective on September 1, 1991. These bills directed the commission to increase certain application and filing fees. The amendment to sec.5.37 sets the application fee for armored contract carrier permits at $100. The amendments to sec. sec.5.40, 5.184, 5.346, 5.386, 5.502, and 5.503 set the filing fee for proof of insurance at $100. The amendment to sec.5.502 also sets the commercial motor vehicle registration fee at $10 per vehicle per year. The amendment to sec.5.458 sets the application fee for common carrier certificates, specialized motor carrier certificates, and contract carrier permits at $100. The amendment to sec.5.507 sets the filing fees and registration fees for international commercial carriers at $10 each per vehicle per trip. One comment was received in opposition to the proposed amendments. The comment recognized the legislative mandate to increase revenue, but urged the commission to disregard that mandate. No groups or associations commented for or against the proposed rules. The commission disagrees with the comment received. The Texas Legislature gave clear, unambiguous direction to the commission to increase the involved fees. No discretion to reduce the fees was stated or implied. 16 TAC sec.5.37 The amendment is adopted under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b sec.6-dd, which subjects armored contract carriers to all regulations regarding contract carriers, and sec.7, which as amended sets the application fee for permits at $100. 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 16, 1991. TRD-9116050 Martha V. Swanger Hearings Examiner, Gas Utilities/LP-Gas Section, Legal Division Railroad Commission of Texas Effective date: January 8, 1992 Proposal publication date: October 29, 1991 For further information, please call: (512) 463-7094 16 TAC sec.5.40 The amendment is adopted under the Texas Civil Statutes, Article 6701d, sec.139(c), which requires all commercial motor vehicles to file proof of insurance with the commission, and which authorizes the commission to charge a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the filing fee to $100. 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 16, 1991. TRD-9116051 Martha V. Swanger Hearings Examiner, Gas Utilities/LP-Gas Section, Legal Division Railroad Commission of Texas Effective date: January 8, 1992 Proposal publication date: October 29, 1991 For further information, please call: (512) 463-7094 Subchapter L. Insurance Requirements 16 TAC sec.5.184 The amendment is adopted under Texas Civil Statutes, Article 6701d, sec.139(c), which requires all commercial motor vehicles to file proof of insurance with the commission, and which authorizes the commission to charge a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the filing fee to $100. 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 16, 1991. TRD-9116052 Martha V. Swanger Hearings Examiner, Gas Utilities/LP-Gas Section, Legal Division Railroad Commission of Texas Effective date: January 8, 1992 Proposal publication date: October 29, 1991 For further information, please call: (512) 463-7094 Subchapter R. Registration of Interstate Operating Authority 16 TAC sec.5.346 The amendment is adopted under Texas Civil Statutes, Article 6701d, sec.139(c), which requires all commercial motor vehicles to file proof of insurance with the commission, and which authorizes the commission to charge a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the filing fee to $100. 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 16, 1991. TRD-9116053 Martha V. Swanger Hearings Examiner, Gas Utilities/LP-Gas Section, Legal Division Railroad Commission of Texas Effective date: January 8, 1992 Proposal publication date: October 29, 1991 For further information, please call: (512) 463-7094 Subchapter T. Registration of Operations Exempt From ICC Regulation 16 TAC sec.5.386 The amendment is adopted under Texas Civil Statutes, Article 6701d sec.139(c) , which requires all commercial motor vehicles to file proof of insurance with the commission, and which authorizes the commission to charge a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the filing fee to $100. sec.5.386. Evidence of Liability Security. (a) (No change.) (b) Form and execution of liability insurance certificate. The automobile bodily injury and property damage liability insurance covering the obligations imposed upon such motor carrier by the provisions of the laws of this state and regulations of the commission. The certificate shall be in the form set forth in Form E which is made a part hereof. The certificate shall be printed on a rectangular card five inches in height and eight inches in width. The certificate shall be duly completed and executed by such insurer. Each certificate filed with the commission shall be accompanied by a fee of $100. (c) (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 December 16, 1991. TRD-9116054 Martha V. Swanger Hearings Examiner, Gas Utilities/LP-Gas Section, Legal Division Railroad Commission of Texas Effective date: January 8, 1992 Proposal publication date: October 29, 1991 For further information, please call: (512) 463-7094 Subchapter U. General and Special Rules of Practice and Procedure 16 TAC sec.5.458 The amendment is adopted under the Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, sec.sec.5a(f), 7, and 17(a), which as amended set the application fees for certificates and permits at $100. 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 16, 1991. TRD-9116055 Martha V. Swanger Hearings Examiner, Gas Utilities/LP-Gas Section, Legal Division Railroad Commission of Texas Effective date: January 8, 1992 Proposal publication date: October 29, 1991 For further information, please call: (512) 463-7094 Subchapter W. Registration of Commercial Carriers 16 TAC sec.5.502 The amendment is adopted under the Texas Civil Statutes, Article 911b, sec.4(a)(13), which requires all commercial motor vehicles to be registered with the commission and to pay a registration fee of $10 per vehicle, and Article 6701d sec.139(c), which requires all commercial motor vehicles to file proof of insurance with the commission and to pay a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the filing fee to $100. 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 16, 1991. TRD-9116056 Martha V. Swanger Hearings Examiner, Gas Utilities/LP-Gas Section, Legal Division Railroad Commission of Texas Effective date: January 8, 1992 Proposal publication date: October 29, 1991 For further information, please call: (512) 463-7094 16 TAC sec.5.503 The amendment is adopted under the Texas Civil Statutes, Article 6701d, sec.139(c), which requires all commercial motor vehicles to file proof of insurance with the commission and to pay a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the filing fee to $100. 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 16, 1991. TRD-9116057 Martha V. Swanger Hearings Examiner, Gas Utilities/LP-Gas Section, Legal Division Railroad Commission of Texas Effective date: January 8, 1992 Proposal publication date: October 29, 1991 For further information, please call: (512) 463-7094 16 TAC sec.5.507 The amendment is adopted under the Texas Civil Statutes, Article 911b, sec.4(a)(13), which requires all commercial motor vehicles to be registered with the commission and to pay a registration fee of $10 per vehicle, and Article 6701d sec.139(c), which requires all commercial vehicles to file proof of insurance with the commission and to pay a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the combined fee to $20. 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 16, 1991. TRD-9116058 Martha V. Swanger Hearings Examiner, Gas Utilities/LP-Gas Division, Legal Division Railroad Commission of Texas Effective date: January 8, 1992 Proposal publication date: October 29, 1991 For further information, please call: (512) 463-7094 TITLE 22. EXAMINING BOARDS Part XVI. Texas State Board of Physical Therapy Examiners Chapter 321. Definitions 22 TAC sec.321.1 The Texas State Board of Physical Therapy Examiners adopts an amendment to sec.321.1, concerning definitions, without changes to the proposed text as published in the October 11, 1991, issue of the Texas Register (16 TexReg 5693). Rather than referring to another document as previous rules did, by this rule the board includes a more explicit explanation of the responsibilities which a physical therapist may give to a physical therapist assistant. The section clearly states what responsibilities a physical therapist may assign to a physical therapist assistant. One comment was received in support of the rule because it made the physical therapist assistant's duties more clear. The amendment is adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the 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 December 13, 1991. TRD-9115977 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: January 7, 1992 Proposal publication date: October 11, 1991 For further information, please call: (512) 443-8202 Chapter 329. Licensing Procedure 22 TAC sec.329.1 The Texas State Board of Physical Therapy Examiners adopts an amendment to sec.329.1, concerning physical therapy licensing, without changes to the proposed text as published in the October 11, 1991, issue of the Texas Register (16 TexReg 5693). The adoption amends the rule in adherence to the Texas Education Code, sec.57. 491, which mandates that licensing entities may not renew licenses of persons who have defaulted on Texas Guaranteed Student Loans until they have a repayment plan. Persons identified as defaulted on their loans will be issued an initial license but will be unable to renew their license in one year if they do not have a repayment plan for the loan in place. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the 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 December 13, 1991. TRD-9115975 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: January 7, 1992 Proposal publication date: October 11, 1991 For further information, please call: (512) 443-8202 Chapter 341. License Renewal 22 TAC sec.341.5 The Texas State Board of Physical Therapy Examiners adopts new sec.341.5, concerning defaulters on Texas guaranteed student loans, without changes to the proposed text as published in the October 11, 1991, issue of the Texas Register (16 TexReg 5694). The rule is in compliance with the Texas Education Code, sec.57.491. The rule prohibits the agency from issuing a renewal to a licensee who is in default on a Texas guaranteed student loan unless a repayment plan is in place. An exception is made if the renewal is the first one after this rule goes into effect. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the 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 December 13, 1991. TRD-9115980 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: January 7, 1992 Proposal publication date: October 11, 1991 For further information, please call: (512) 443-8202 Chapter 343. Enforcement of Act 22 TAC sec.343.1 The Texas State Board of Physical Therapy Examiners adopts the repeal of sec.343.1, concerning revocation of license or discipline of a license, without changes to the proposed text as published in the October 11, 1991, issue of the Texas Register (16 TexReg 5694). The section is repealed so that a new, expanded version can be passed which further clarifies the disciplinary process. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the 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 December 13, 1991. TRD-9115976 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: January 7, 1992 Proposal publication date: October 11, 1991 For further information, please call: (512) 443-8202 Chapter 343. Contested Case Procedure 278>1 TAC sec.sec.343.1-343.55 The Texas State Board of Physical Therapy Examiners adopts new sec.sec.343. 1- 343.55, concerning contested case procedure. Section 343.1 and sec.343.3, are adopted with changes to the proposed text as published in the October 11, 1991, issue of the Texas Register (16 TexReg 5694). Sections 343.2, 343.4-343. 50, and 343.51-343.55 are adopted without changes and will not be republished. The sections replace former sections and provide a more detailed explanation of the powers of the board regarding enforcement of the Act, the procedures that are used in resolving complaints, and the review process of applicants with felony convictions. The sections more clearly define the powers of the board regarding enforcement of the Act. One person commended that the intent of the law which this law implements was to ensure that a new graduate would not be the initial physical therapist to examine the patient or to determine if the patient is a direct access candidate. Once the patient is admitted for care, a physical therapist licensed for less than one year should be able to practice within the scope of his education and training. The same person stated that "without clinical symptoms" did not accurately reflect the meaning of "asymptomatic" used in the law and argued that a strong medical definition would be more appropriate. The agency agrees with the comments. The name of a group or association making comments against the section was the Texas Physical Therapy Association. The new sections are adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the Act. sec.343.1. 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 Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e. Agency-The Board of Physical Therapy Examiners. APTRA-The Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a. Applicant-A qualified individual who presents application for licensure as a physical therapist or physical therapist assistant or for reinstatement of a previously suspended or revoked license. Board-The members of the Board of Physical Therapy Examiners who are Civil Statutes, Article 4512e. Board order-A final decision of the board issued in a contested proceeding or in lieu of such proceeding, which may include findings of fact and conclusions of law, separately stated. Complaint-A sworn statement of allegations filed with the board which includes a statement of the matters asserted and reference to the particular sections of the statutes and rules involved, the filing of which initiates a contested case proceeding. Contested case -A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the agency after an opportunity for adjudicative hearing. Disciplinary action -Imposition of a sanction by the board which may include reprimand, suspension, probation, or revocation of a license, or other appropriate requirements. Executive director -The executive director of the Board of Physical Therapy Examiners. Licensee-A person who holds a license either permanent or temporary under the Physical Therapy Practice Act. Moral turpitude -Baseness, vileness, or dishonesty of a high degree. Notice-A statement of intended date, time, place, and nature of a hearing, and the legal authority and jurisdiction under which a hearing is to be held. Notice may include a formal complaint filed to initiate a contested case proceeding. Party-Each person with a sufficient legal, economic, or other interest to be named or admitted as such by the agency to a contested case proceeding before the agency. Probation-Each person whose license is suspended is placed on probation for the length of the suspension. Reinstatement-The individual with a revoked license must demonstrate or supply evidence to the board of his or her rehabilitation or current fitness to hold a license. Reinstatement petitions shall be considered no sooner than 180 days after the revocation order becomes final and enforceable. Reprimand-A public and formal censure against a license. Respondent-A person who has been made the subject of a formal or informal compliant alleging violation of the Texas Physical Therapy Practice Act or rules, regulations, or orders of the Board of Physical Therapy Examiners. Revocation-The withdrawal or repeal of a license. Revocation is established for minimum period of one year. Staff-The investigative staff of the Board of Physical Therapy Examiners. Suspension-The temporary withdrawal of a license. The board may suspend for one day or a designated number of years or until a specified event occurs. sec.343.3. Referral Requirement and Exceptions to Referral Requirement. (a) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Emergency circumstances-Instances where emergency medical care is called for. (2) Emergency medical care-Bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in: placing the patient's health in serious jeopardy, serious impairment to bodily functions; or serious dysfunction of any bodily organ or part. (3) Asymptomatic-Without any significant perceptible change in the body or its functions that indicates disease. (b) A physical therapist may evaluate without referral. (c) A physical therapist is subject to discipline from the board for providing physical therapy treatment without a request of a physician licensed to practice medicine by the Texas State Board of Medical Examiners, by a dentist licensed by the State Board of Dental Examiners, a doctor licensed to practice chiropractic by the Texas Board of Chiropractic Examiners, by a podiatrist licensed by the Texas State Board of Podiatry Examiners, or by any other qualified licensed health care persons authorized to prescribe treatment of individuals, except that a physical therapist may treat a patient for an injury or condition that is the subject of a prior referral of certain conditions are met as set forth in the Texas Physical Therapy Act (the Act), sec.19. (d) Conditions for treatment without referral: (1) the physical therapist must by telephone within five days or by letter postmarked within five business days notify the original referring health-care personnel of the commencement of therapy; (2) the physical therapy provided must not be for more than 20 treatment sessions or 30 consecutive calendar days, whichever occurs first. At the conclusion of this time or treatment, the physical therapist must confer with the referring health-care personnel before continuing treatment; (3) the treatment can only be provided to a client/patient who received a referral not more than one year previously; (4) the physical therapist providing treatment must have been licensed for one year. The physical therapist responsible for the treatment of the patient may delegate appropriate duties to another physical therapist having less than one year of experience or to a physical therapist assistant. A physical therapist licensed for more than one year must retain responsibility and supervision for the treatment. (e) A physical therapist may provide instructions to any person who is asymptomatic relating to the instructions being given. (f) A physical therapist may provide assistance to a person in an emergency circumstance including minor emergencies without a referral. (g) A physical therapist assistant is subject to discipline from the board when physical therapy treatment has been provided other than upon the evaluation and plan of care provided by a licensed physical therapist in accordance with all the applicable Act and rule requirements. 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 13, 1991. TRD-9115978 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: January 7, 1992 Proposal publication date: October 11, 1991 For further information, please call: (512) 443-8202 Chapter 345. Discipline 22 TAC sec.345.1 The Texas State Board of Physical Therapy Examiners adopts the repeal of sec.345.1, concerning board may discipline, without changes to the proposed text as published in the October 11, 1991, issue of the Texas Register (16 TexReg 5698). The section is repealed because its content will be included in a new Chapter 343. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4512e, sec.3(e), which provide the Texas State Board of Physical Therapy Examiners with the authority to adopt rules consistent with the Texas Physical Therapy Practice Act to carry out its duties in administering the 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 December 13, 1991. TRD-9115979 Sherry L. Lee Executive Director Texas State Board of Physical Therapy Examiners Effective date: January 7, 1992 Proposal publication date: October 11, 1991 For further information, please call: (512) 443-8202 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 160. Workers' Health and Safety-General Provisions 28 TAC sec.160.1 The Texas Workers' Compensation Commission adopts an amendment to sec.160.1, concerning employee's reporting of safety violations. Section 160.1 is adopted without changes to the proposed text as published in the October 18, 1991, issue of the Texas Register (16 TexReg 5814). The amendment is intended to prevent employers from misinterpreting the word "language" as prohibiting posting in languages other than English and Spanish. The amendment, while continuing the requirement that the notice be posted in English and Spanish, expressly permits posting in other languages spoken in the workplace. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 8308-2.09(a), which authorizes the commission to adopt rules necessary to implement and enforce 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 December 18, 1991. TRD-9116046 Susan M. Kelley General Counsel Texas Workers' Compensation Commission Effective date: January 8, 1992 Proposal publication date: October 18, 1991 For further information, please call: (512) 440-3971 TITLE 34. PUBLIC FINANCE Part IX. Texas Bond Review Board Chapter 190. Allocation of State's Limit on Certain Private Activity Bonds Subchapter A. Program Rules 34 TAC sec.sec.190.1-190.8 The Texas Bond Review Board adopts new sec.sec.190.1-190.8, concerning allocation of the state's limit on certain private activities bonds. Sections 190.5 and 190.8 are adopted with changes to the proposed texts as published in the November 8, 1991, issue of the Texas Register (16 TexReg 6431). Sections 190.1-190.4 and sec.sec.190.6-190.7 are adopted without changes and will not be republished. The Texas Bond Review Board adopts these previously published proposed sections to establish guidelines under which the board will accept and review applications by certain issuers of tax-exempt private activity bonds for a portion of the state's ceiling. Proposed sec.190.5(a) is being amended from the proposed wording to reference the actual address for fees to be delivered. Proposed sec.190.5(f) is being amended from the proposed wording to more accurately reflect the intent of the Act. Proposed sec.190.8 is being amended to include the exact address of the lock box for the board. The new sections provide the public with the information necessary to understand the allocation and reservation system, the filing requirements to apply for a portion of the state's ceiling, and the procedures for securing a final allocation to allow for the issuance of certain tax-exempt private activity bonds. A comment was received regarding the wording of sec.190.5(f). The suggestion was made to change the language slightly to more accurately reflect the legislative intent. Name of a group and association making comments against the section was: Fulbright & Jaworski. The new sections are adopted under Texas Civil Statutes, Article 5190.9a, which give the Texas Bond Review Board the authority to propose rules pertaining to the adoption, implementation, and administration of the allocation of the state's ceiling on private activity bonds. sec.190.5. Consideration of Qualified Applications by the Board. (a) All fees required by the Act and the rules must be submitted under separate cover by overnight delivery to the lock box address as described in sec.190.8(c) of this title (relating to Notices, Filings, and Submissions). Each check must be accompanied by a fee verification form as prescribed by the board. The bank shall note the receipt of the check on the fee verification form and forward the form to the board. All checks must be received by the bank within 24 hours of the receipt of corresponding documents by the board. If the fee is not received in a timely manner, the corresponding filing will not be considered to be a complete filing. (b) All other submissions required by the Act must be delivered in person to the board at its offices during normal business hours or sent by overnight delivery, certified or registered mail, postage prepaid, addressed to the board. The board shall note on the face of the documents the date and time that they are received and provide the issuer with a receipt describing the document received and the date and time of receipt. The board will review the application to determine if it is complete. The board shall return any application not in substantial compliance with the Act and these sections. (c) The board shall stamp or otherwise designate the date and time on which it receives each qualified application. The application shall not be considered complete, and shall not be stamped and accepted for filing, unless and until each of the items required under this section has been received by the board. (d) The board shall give its certificate of reservation approving the reservation requested by the issuer within five business days after the board receives the qualified application, to the extent that amounts in the state ceiling remain available for certificates of reservation. (e) If at any time the amount of the state ceiling or portion of the state ceiling reserved for qualified mortgage bonds, state voted issues, qualified small issue bonds, qualified residential rental project issues, or all other bond issues has been exhausted, applications which would otherwise qualify for a reservation shall be received and dated and receive reservations as provided in subsection (f) of this section. (f) If at any time none of the state's ceiling remains available for certificates of reservation in a specific category, but additional amounts become available in such specific category before June 1 because of cancellations or any other reason, those amounts shall be aggregated and reservations shall be granted from that category on June 1 to qualified applications in an order determined by lot number with respect to those applications having such numbers, and otherwise by date and time of receipt by the board. If any portion of state ceiling becomes available after June 1 and before August 25 in any specific category those amounts shall be aggregated and reservations shall be granted from that category on August 25 to qualified applications in an order determined by lot number with respect to those applications having such numbers, and otherwise by date and time of receipt by the board. The board may grant a reservation at any time on or after January 10 if the amount of state ceiling available in any category exceeds the amount of state ceiling applied for in that category. (g) After August 25 but prior to September 1, if any portion of the state ceiling set aside exclusively for the housing finance division of the Texas Department of Housing and Community Affairs is not subject to a reservation, such portion prior to September 1 shall be available exclusively to issuers of qualified mortgage bonds in accordance with the Act, sec.3(c). (h) A reservation that is received by an issuer of qualified mortgage bonds for only a portion of the amount requested in the application for reservation shall be considered a reservation for the calendar year regardless of the amount reserved, and if an application for a reservation is submitted in the following calendar year by such issuer, as described in the Act, sec.3(c), the category of priority will be determined in accordance with the Act, sec.3(c) (3) and the order determined by the Act, sec.3(c)(4). (i) If any change in a qualified application or in any of the items accompanying the application should occur prior to the date state ceiling becomes available to an issuer, the issuer or authorized representative shall promptly notify the board of any such change. Upon state ceiling becoming available, an issuer or authorized representative, within three days upon receipt of notice from the board that a portion of the state ceiling will be available to the issuer, must confirm and certify that the information contained in the qualified application and all items accompanying the application are and remain accurate and in full force and effect, except as may be specifically set forth in any amendment to the qualified application (which does not result in the application failing to constitute a qualified application), which amendment, such certification. Prior to receiving a reservation, only an issuer may amend the application to change the amount of the state ceiling requested, but the board may not accept an amendment to increase the amount of the state ceiling requested unless at the time of the amendment seeking an increase in the amount of state ceiling there are no other qualified applications pending, subsequent in order to said application, for which state ceiling is not available. A reservation date will not be given by the board until the receipt of such certification. (j) Upon notice by the board that a portion of the state ceiling will be available to the issuer for less than the requested amount, the issuer or authorized representative must confirm in writing its acceptance or denial of the amount available, within three business days. Refusal by an issuer to accept a certificate of reservation for less than the amount requested in a qualified application shall not change the chronological order in which such issuer will be offered a certificate of reservation. If an issuer accepts a certificate of reservation for less than the requested amount, the issuer shall maintain its current position, and will be offered the next available reservation amounts until the original request has been satisfied. However, the deadline restrictions will be calculated from the date of reservation for each reservation amount. sec.190.8. Notices, Filings, and Submissions. (a) Certificates of reservation and other notices and written communications from the board shall be deemed to have been given when duly deposited in the United States Mail, first class with all postage prepaid. Certificates of reservation may, at the request of the borrower, be picked up by hand or delivered by courier or other delivery service, in any case at the expense of the borrower or issuer. (b) Applications, notices, and other written communication to, and filings with the board, should be addressed or delivered to the Bond Review Board, Sam Houston Building, 201 East 14th Street, Room 506, Austin, Texas 78701. (c) Fees should be sent by overnight delivery and addressed as follows: the Bond Review Board, c/o First City Texas, 823 Congress Avenue, Fourth Floor, Item Processing-Lockbox Department, Austin, Texas 787O1. 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 13, 1991. TRD-9115842 Tom K. Pollard Executive Director Texas Bond Review Board Effective date: January 3, 1991 Proposal publication date: November 8, 1991 For further information, please call: (512) 463-1741 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VI. Texas Department of Criminal Justice Chapter 321. Standards 37 TAC sec.321.1 The Texas Department of Criminal Justice adopts the repeal of sec.321.1, concerning administration, without changes to the proposed text as published in the October 22, 1991, issue of the Texas Register (16 TexReg 5897). The repeal is for purposes of recodifying prior rules under a new numbering system mandated by the secretary of state. The prior sec.321.11 has been republished and readopted as 37 TAC sec.163.21. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Code of Criminal Procedure, Article 42. 13, sec.2(a), which provides the Texas Board of Criminal Justice with the authority to adopt rules and regulations concerning community corrections and supervision departments. 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 17, 1991. TRD-9116045 Jackee Cox General Counsel Texas Department of Criminal Justice Effective date: January 8, 1992 Proposal publication date: October 22, 1991 For further information, please call: (512) 463-9988 37 TAC sec.321.11 The Texas Department of Criminal Justice adopts the repeal of sec.321.11, concerning residential services, without changes to the proposed text as published in the October 22, 1991, issue of the Texas Register (16 TexReg 5898). The repeal is for purpose of recodifying prior rules under a new numbering system mandated by the secretary of state. The prior sec.321.11 has been republished and readopted as 37 TAC sec.163.55. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Code of Criminal Procedure Article 42. 13, sec.2(a), which provides the Texas Board of Criminal Justice with the authority to adopt rules and regulations concerning community corrections and supervision departments. 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 17, 1991. TRD-9116044 Jackee Cox General Counsel Texas Department of Criminal Justice Effective date: January 8, 1992 Proposal publication date: October 22, 1991 For further information, please call: (512) 463-9988 37 TAC sec.321.14 The Texas Department of Criminal Justice adopts the repeal of sec.321.14, concerning community justice councils, without changes to the proposed text as published in the October 22, 1991, issue of the Texas Register (16 TexReg 5898). The repeal is for purpose of recodifying prior rules under a new numbering system mandated by the secretary of state. The prior sec.321.14 has been republished and readopted as 37 TAC sec.163.29. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Code of Criminal Procedure Article 42. 13, sec.2(a), which provides the Texas Board of Criminal Justice with the authority to adopt rules and regulations concerning community corrections and supervision departments. 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 17, 1991. TRD-9116043 Jackee Cox General Counsel Texas Department of Criminal Justice Effective date: January 8, 1992 Proposal publication date: October 22, 1991 For further information, please call: (512) 463-9988 State Board of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's note: As required by the Insurance Code, Article 5.96 and Article 5.97, the Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 333 Guadalupe, Austin.) The Texas Department of Insurance held open meetings on December 6, 1991 and December 12, 1991, to consider, and on December 12, 1991, adopted amendments to the Texas Basic Manual of Rules, Classifications and Rates for Workers' Compensation and Employers' Liability by adding Rule XIX pertaining to deductible programs, by amending Rule X pertaining to cancellation, and by approving related endorsements and a form pertaining to deductible programs. The policyholder may choose only one deductible program option per policy. The policyholder's selection of a deductible program option must be made prior to the effective date of the policy, and apply to the entire policy period, except for policies with an effective date of 01-01-92 through 04-30-92. For such policies the election may be made at any time prior to 05-01-92, and the insurer shall provide for a premium refund or reduction. A workers' compensation policy with an effective date prior to 1-1-92 can be canceled and re-written from 1-1- 92 through 4-30-92 for the policyholder to take advantage of purchasing a workers' compensation policy with a deductible program option, provided that the rules pertaining to cancellation in Rule X-D shall apply to such cancellation. The three deductible programs adopted are as follows: per accident deductible option with deductibles of $1,000, $2,500, $5,000, $10,000 and $25,000, not to exceed 50% of the policyholder's annual Workers' Compensation premium; an aggregate deductible option ranging from $2,000 to 100% of the policyholder's estimated annual Workers' Compensation premium, not to exceed $100,000; per accident/aggregate deductible option, which is a combination of Options 1 and 2. The rule then provides that a workers' compensation policy may include a negotiated deductible if the amount of the deductible exceeds the highest deductible amount available to the individual insured in a particular deductible plan promulgated by the State Board of Insurance. Eligibility for deductible programs requires that a policyholder have an estimated annual premium in excess of $5,000 if coverage is written in the voluntary market or in the Texas Workers' Compensation Insurance Fund. Policyholders written through the Texas Workers' Compensation Insurance Facility may be eligible for a deductible program option policy, which complies with this rule and the Rules and Regulations of the Facility, which are subject to the approval of the State Board of Insurance. Policyholders purchasing a deductible option with their Workers' Compensation policy will receive a premium credit. All claims incurred under the policy will be paid by the insurer and the policyholder shall then be liable for reimbursement up to the limit of the deductible amount chosen. An insurer may request reimbursement no more frequently than monthly. In the event the insurer makes a recovery from a third party through subrogation, the recovery shall first be applied to the amount paid on the claim by the insurer and then to the amount of the deductible paid by the insured, with reimbursement being made to the insured, if necessary. An insurer may require an employer to provide security acceptable to the insurer, but its authority to require any particular type or types of security is conditioned on the commissioner's determination of the reasonableness of the burden or cost of the type of security as hereafter specified. When a policy is written with an aggregate deductible option or accident/aggregate deductible option, the amount of the security may not exceed the aggregate. When a policy is written with a per-accident deductible option, the amount of the security may not exceed 100% of the estimated annual premium for the policy. An employer may appeal to the Commissioner of Insurance the insurer's requirement of a type of security for the purchase of a workers' compensation policy with a deductible program option. The commissioner may require the insurer to accept a different type or types of security if in the commissioner's opinion the type required by the insurer is unreasonably burdensome or costly. The commissioner may inquire into the financial condition of the employer in connection with such an appeal but only to the extent the commissioner deems necessary. The commissioner may deny or grant any appeal. The decision of the commissioner may be appealed to the board. The board's review shall be limited to the record made upon the appeal to the commissioner. This employer's remedy for review of an insurer's requirement of a type of security is provided solely by this rule and is limited to the administrative proceeding described. The decision by the board in any such appeal is final and is not appealable beyond the board. Rule X of the Basic Workers' Compensation Manual amends the cancellation rule by providing that if a Workers' Compensation policy that is written with the aggregate deductible option is canceled by the insurer or by the insured when retiring from business, then the aggregate deductible amount shall be reduced pro rata, based on the time the policy was in force. However, if the policy written with an aggregate deductible option is canceled by the insured and the insured is not retiring from business, then the aggregate deductible amount shall not be reduced. The board adopted three endorsements, one of which is to be attached to a Workers' Compensation policy, depending on the type of deductible option that is selected by the policyholder. In addition, there is also a Deductible Notice of Election form that must be filed with the Workers' Compensation Division of the Texas Department of Insurance within 60 days after the policy effective date or the election date whichever is later. The amended rules, endorsements and forms are applicable to Workers' Compensation policies written with an effective date on and after 15 days after notice of this action is published in the Texas Register, to policies effective January 1, 1992-April 30, 1992, that must make an election of a deductible option prior to May 1, 1992, and to workers' compensation policies with an effective date prior to January 1, 1992, that are canceled and rewritten from January 1, 1992-April 30, 1992 for the policyholder to take advantage of buying a policy with a deductible program option. The board adopted this amendment under the authority and jurisdiction of the Insurance Code, Article 5.55 through 5.68-1, 5.76-2, 5.77, 5.78, and 5.96. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 18, 1991. TRD-9116042 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: December 18, 1991 For further information, please call: (512) 463-6327