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 10. COMMUNITY DEVELOPMENT Part I. Texas Department of Housing and Community Affairs Chapter 1. Administration Subchapter B. Block Grants 10 TAC sec.1.11, sec.1.13 The Texas Department of Housing and Community Affairs (the department) adopts amendments to sec.1.11 and sec.1.13 without changes to the proposed text as published in the November 12, 1991, issue of the Texas Register (16 TexReg 6523). The amendments relate to the formal complaint system established to investigate complaints received about programs funded by federal block grants administered by the department. The amendments change the name of the agency and establish timeframes for responding to complaints concerning Texas Community Development Program contracts. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4413(501), sec.1.07 which provides the department with the authority to adopt and enforce rules for the conduct of its affairs. 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 20, 1991. TRD-9116286 Larry C. Crumpton Interim Director, Community Affairs Division Texas Department of Housing and Community Affairs Effective date: January 10, 1992 Proposal publication date: November 12, 1991 For further information, please call: (512) 475-3806 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas The following adoptions submitted by the Railroad Commission of Texas will be serialized in the January 7, 1992, issue of the Texas Register. The effective date of this adoption will be January 13, 1992. Chapter 5. Transportation Division Subchapter B. Operating Certificates, Permits and Licenses 16 TAC sec.5.43 Part II. Public Utility Commission of Texas The following adoption submitted by the Public Utility Commission of Texas will be serialized in the January 7, 1992, issue of the Texas Register. The effective date of this adoption is January 10, 1992. Chapter 23. Substantive Rules Certification 16 TAC sec.23.31 TITLE 22. EXAMINING BOARDS Part IV. State Board of Medical Examiners The following adoption submitted by the State Board of Medical Examiners will be serialized in the January 7, 1992, issue of the Texas Register. The effective date of the adoption is January 13, 1992. Chapter 163. Licensure 22 TAC sec.163.4 The following adoption submitted by the State Board of Medical Examiners will be serialized in the January 7, 1992, issue of the Texas Register. The efffective date of this adoption is January 13, 1992. Chapter 167. Reinstatement 22 TAC sec.167.1 The following adoption submitted by the State Board of Medical Examiners will be serialized in the January 7, 1992, issue of the Texas Register. The effective date of these adoptions is January 13, 1992. Chapter 175. Schedule of Fees and Penalties 22 TAC sec.175.1, sec.175.2 The following adoption submitted by the State Board of Medical Examiners will be serialized in the January 7, 1992, issue of the Texas Register. The effective date of this adoption is January 13, 1992. Chapter 193. Standing Delegation Orders 22 TAC sec.193.6 Part XXV. Structural Pest Control Board Chapter 591. General Provisions 22 TAC sec.sec.591.9-591.13, 591.21 The Structural Pest Control Board adopts amendments to sec.sec.591.9, 591.10, and 591.21 and new sec.591.12 and sec.591.13, concerning general provisions. Sections 591.12 and 591.13 are adopted with changes to the proposed text as published in the September 27, 1991, issue of the Texas Register (16 TexReg 5311). Sections 591.9, 591.11, and 591.21 are adopted without changes and will not be republished. The amendments clarify existing language and implement the provisions of House Bill 853 passed by the 72nd Legislature. Spelling was corrected in sec.591. 12. Section 591.13 was amended to allow greater public access to board meetings. The amendments clarify that the Administrative Procedure and Texas Register Act must be followed, set rates for copies to rates authorized by law; change the base penalty amounts for administrative penalties, and change the definition of chairman to follow the new language in the statutes. New sec.591.12 and sec.591. 13 concern settlements and public comment. The new sections establish procedures for settlement of complaints by the executive director or by field investigators. Section 591.13 also establishes procedures for public comment. Comments were received that existing language was too vague and penalty ranges are too high for some classes of violations. Comments were also received that the provisions for public participation are inadequate. The names of groups and associations making comments against the section are as follows: Texas Pest Control Association Chemical Association; and Chemical Connection. The Structural Pest Control Board needs flexibility in the administrative penalty process. The same violation could fall into a different category depending on the severity of the violations involved. The board has revised its proposed regulation to require only three days' notice of an intent to speak during the public comment period. The board did this in order to encourage greater public participation in its processes. The amendments and new sections are adopted under Article 135b-6 which provide Structural Pest Control Board with the authority to test, license, and regulate persons engaged in the business of structural pest control. sec.591.12. Settlements. (a) It is board policy to encourage resolution of complaints against structural pest control licensees. This provision provides procedures for the settlement of complaints. (b) At the request of the licensee or the executive director, the executive director may designate a time and place for a settlement conference of a complaint investigated by the board. A licensee shall be notified in writing of the time and place of the settlement conference and the alleged violations. Licensees or their representatives attending the conference shall be empowered to act on behalf of the licensee and bind the licensee to any settlement. (c) Settlements reached under this provision must be approved by the board before they become effective. (d) Settlements may include any combination of sanctions available to the board. They may also include requiring extra training and education and refunds not exceeding the original contracted amounts or services not different from the original contracted services. (e) Informal settlements may be proposed by state investigators when authorized by the executive director. The settlements must follow the guidelines set out in this section, except that a state investigator shall not settle a complaint involving a misapplication. State investigators shall propose retreatments and/or refunds only as terms of their informal settlements. The retreatments and/or refunds shall not exceed the amounts or be different from the treatments agreed upon in the original contract for services. sec.591.13. Public Comment. On written request received not later than three days prior to a scheduled board meeting, a person shall be permitted to appear before the board during the public comment period regarding any issue under the jurisdiction of the board. 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 9, 1991. TRD-9116209 Benny M. Mathis, Jr. Executive Director Structural Pest Control Board Effective date: February 1, 1992 Proposal publication date: September 27, 1991 For further information, please call: (512) 835-4066 Chapter 593. Licenses 22 TAC sec.sec.593.1-593.4, 593.6, 593.7, 594.9, 593.10, 593.23, 593.24 The Structural Pest Control Board adopts amendments to sec.sec.593.1-593.2, 593. 3, 593.4, 593.6, 593.7, 593.9 and new sec.sec.593.10, 593.23, and 593.24, concerning licenses. Sections 593.1-593.4, 593.6, 593.7, and 593.9 are adopted with changes to the proposed text as published in the October 1, 1991, issue of the Texas Register (16 TexReg 5379). Sections 593.10, 593.23, and 593.24 are adopted without changes and will not be republished. The amendments and new sections are adopted in order to clarify existing language and implement the provisions of House Bill 853, passed by the 72nd Legislature. Amendments were made in response to comments received about excessive fees for duplicate licenses and technician licenses. The amendments also create certified noncommercial applicator license. Insurance requirements are increased to reflect new statutory minimum requirements and to create insurance requirements for certified noncommercial applicators. The amendments also change the fee structure to reflect increases in the costs of operation and the new licensure categories. Continuing education requirements are modified in order to make administration of the process more efficient. Standards for agreements on recertification with professional organizations are set. A charge for approval of continuing education courses by the board is established. New sec.593.10 establishes licensure requirements for persons with delinquent student loans and requires that persons in default on student loans not have their licenses renewed until they have repaid the loan or entered a repayment agreement. Comments received generally favored the new insurance requirements for certified noncommercial applicators. There is some concern over the licensure requirement that certified noncommercial applicators are allowed to obtain a certified commercial applicator license with one years' experience. Concerns were also raised about high charges for duplicate licenses and license fee increases. There was comment about the need for specific subjects in continuing education and the cost of continuing education course approval. Additionally, the board received comments proposed to the annual course approval fee. The board also received comments opposed to charging fee for the certified noncommercial applicator license. The names of groups and associations making comments for and against the section are as follows. For: Texas Association of School Boards; and Texas Apartment Association. Against: Permian Basis Pest Control Association; and Texas Pest Control Association. The board felt that one years' experience and passing the certified noncommercial applicator exam should be sufficient equivalent experience for certified noncommercial applicators to obtain certified commercial applicator licenses. The regulations also reflect the need for specific study of subject areas such as pesticide safety and integrated pest management emphasized by House Bill 853. Additionally, the annual course approval fee is simply a means of recovering the unexpectedly high administrative costs of continuing education course approval. Because the agency budget is determined entirely by fee collections, it would be impossible to exempt certified noncommercial applicators from the cost of testing and licensing them. The amendments and new section are adopted under Texas Civil Statutes, Article 135b-6, which provide the Structural Pest Control Board with the authority to test, license, and regulate persons engaged in the business of pest control. sec.593.1. Persons Required to Secure License. (a) Business license. Any person engaged in the structural pest control business must secure a business license from the board for each business location, including branch offices, in accordance with the Structural Pest Control Act and the regulations. Each business license holder shall designate a responsible certified commercial applicator who is not also serving as a certified commercial applicator for any other business licensee or any other business license location. No person shall advertise in any manner to render services or solicit business within the meaning of the Act without first obtaining a business license and having an applicator certified in each license category in which business is conducted. (b) Certified commercial applicator. The person responsible to provide training and direct supervision for pest inspections, identifications, and control measures of a licensed shall be a certified commercial applicator for only one business license location. (c) Certified noncommercial applicator. The person who as an employee is responsible for providing pest control services to a governmental entity, apartment building, day-care center, hospital, nursing home, hotel, motel, lodge, warehouse, food-processing establishment, school, or educational institution. The person performing the actual inspection and/or application must be a licensed certified noncommercial applicator. (d) Technician. Individuals who perform pest control services under the direct supervision of a certified applicator must obtain a technician license by meeting the standards prescribed by the board in sec.593.21 of this title (relating to Technician License Standards). A technician must be licensed for every business for which he is employed. sec.593.2. License Application. (a) The application for a business license, a certified applicator license, technician license, and technician-apprentice license shall be submitted on a regular form furnished by the board. (b)-(c) (No change.) sec.593.3. Insurance Requirement. (a) Each business license applicant and certified noncommercial applicator license applicant must submit with the application an insurance policy or certificate of coverage in the amount of not less than $200,000 for bodily injury and property damage coverage with a minimum total annual aggregate of $300,000 for all occurrences insuring him against liability for damage to persons or property occurring as a result of operations performed premises or any other property under his care, custody, or applicator license will be issued until insurance requirements are met. Policies shall contain a cancellation provision whereby notification of cancellation is received by the board not less than 30 days prior to cancellation. Certified noncommercial applicators employed by governmental entities are exempt from this provision. (b)-(c) (No change.) sec.593.4. Resident Agent. (a) Licensed applicators who reside outside the state shall designate in writing a resident agent for service of process in actions taken in the administration and enforcement of the Structural Pest Control Act. (b)-(c) (No change.) sec.593.6. License Expiration and Renewal. (a) (No change.) (b) Businesses and certified noncommercial applicators that change insurance coverage during a licensed period may have the license expiration extended to the new policy rated license fees for each license to the new expiration date. Certified applicators and technicians who change employers may also pay prorated license fees to the new expiration date of the business or other entity under which they are operating. The minimum prorated license fee is $5.00 for each license. (c) Businesses and certified noncommercial applicators that allow insurance coverage to lapse or who fail to provide continuous proof of coverage to the board as a result of insurance changes will be required to reapply for a license and pay annual fees without receiving credit for any license period between the date of the lapse in coverage and the original license expiration date. (d) The license fees for licensed technician-apprentices who change employers will not be prorated, and the new licenses will expire on the license expiration date of their new employer. (e) Licenses must be renewed by submitting an application to the board, paying the required fee, and meeting any additional requirements of the board under sec.593.3 of this title (relating to Insurance Requirement) and subsection (h) of this section, 30 days prior to the license expiration date. Renewals submitted after the license expiration date are subject to the late fees prescribed in the Texas Structural Pest Control Act, sec.7(c). An application is not considered to be submitted unless it is in substantially correct form with the correct fees. (f) (No change.) (g) Whenever a licensee changes his/her mailing address or business location, he/she shall notify the board in writing within 10 days of the effective date of the change and submit the required fee for the license change. (h) (No change.) (i) Beginning with the 1990 license renewals, all certified applicators will be required to certify to the board the number and category(ies) of continuing education credits they have accumulated during the previous year pursuant to sec.593.23 of this title (relating to Continuing Education Requirements for Certified Applicators). (j) Certified noncommercial applicators who have been licensed for a minimum of one year may become certified commercial applicators by paying a name change fee plus the prorated license fee to the expiration date of the business license under which they will operate. Certified commercial applicators may become certified noncommercial applicators by paying the name change fee, listing the name and address of the entity employing them, and providing proof of liability insurance coverage as required by sec.593.3. sec.593.7. Fees. Applicants and licensees will be charged the following fees for board services: (1) $132 for an original or renewal of a business license; (2) $66 for an original or renewal of a certified applicators license; (3) $36 for an original or renewal technician license; (4) $18 for technical-apprentice license; (5) $20 for duplicate business license, certified applicators license or technician license when the original has been lost or destroyed; (6) $20 for reissuing a business license, certified applicators license, or technician license, due to a name change in the license or a change of address; (7) $30 for administering exams in each category; (8) $37.50 for late renewal fee for up to 30 days late; (9) $75 for late renewal fee for 31-60 days late; (10) $7.50 for a technician training manual. sec.593.9. Licensing of Person With Criminal Backgrounds. (a)-(b) No change.) (c) In making a determination in a particular case, the crimes which the board considers as likely to be directly related to the performance of the licensed occupation or activity include, but are not limited to: (1)-(8) (No change.) (9) theft; (10) child molesting; and (11) possession of controlled substances. (d)-(e) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 9, 1991. TRD-9116211 Benny M. Mathis, Jr. Executive Director Structural Pest Control Board Effective date: February 1, 1992 Proposal publication date: October 1, 1991 For further information, please call: (512) 835-4066 22 TAC sec.sec.593.5, 593.11, 593.12 The Structural Pest Control Board adopts an amendment to sec.593.5 and new sec.593.11 and 593.12, concerning licenses, with changes to the proposed text as published in the November 1, 1991, issue of the Texas Register (16 TexReg 6194). The amendment and new sections are adopted in order to implement the provisions of House Bill 853, passed by the 72nd Legislature. The proposed rules were amended in order to make certified noncommercial applicator training available at an earlier date. The rules were also amended to clarify the distinction between structural and commodity fumigation and to allow certified noncommercial applicators to hold certified commercial applicator licenses as well. The amendment creates a new licensure category in commodity fumigation and gives the qualifications for the test to become a certified noncommercial applicator and gives the agency the authority to approve certified noncommercial training courses. New sec.593.11 establishes restrictions on certified noncommercial applicators. New sec.593.12 establishes the licensure requirements for right-of- way pest control work. Right-of-way is defined and explanation given as to when licensure by the Texas Department of Agriculture or the Structural Pest Control Board is required. Comments were received generally in favor of the proposed regulations. Specific comments were addressed to the need to make training available for certified noncommercial applicators more rapidly. Commenters favored the right-of-way/weed control distinctions and the splitting of commodity and structural fumigation. The names of groups and associations making comments for and against the section were as follows. For: Texas Vegetable Management Association. Against: Texas Apartment Association. The board has determined that some level of board-approved classroom training should be a prerequisite to obtaining a certified noncommercial applicator license. The amendment and new section are adopted under Texas Civil Statutes, Article 135b-6, which provide the Structural Pest Control Board with the authority to promulgate rules to license and regulate persons engaged in the business of structural pest control. sec.593.5. Examinations. (a) (No change.) (b) In order to qualify to take the Structural Pest Control Board test for obtaining a certified commercial applicators license, the applicant must have verifiable employment in the pest control industry under the supervision of a licensed certified commercial applicator for at least 12 months out of the past 24 months and must have possessed a technician license for at least six months. (1) The proof of previous employment or experience in the industry or technical field experience of at least 12 months out of the past 24 months from a previous occupation shall be furnished by the applicant in the form of a notarized statement. (2) (No change.) (c) The testing procedure will be as follows. (1)-(12) (No change.) (13) Categories in which examinations are to be given for which licenses will be issued are as follows. (A)-(C) (No change.) (D) Structural fumigation-This category includes persons engaged in pest inspection and/or control through fumigation of structures not primarily intended to contain food, feed, or grains. (E) Commodity fumigation-This category includes persons engaged in pest inspection and/or control through fumigation of commodities and/or structures normally used to contain them. Persons in this category may be licensed by the Texas Department of Agriculture. (F) Weed control-This category includes persons engaged in the inspection and/or control of weeds around homes and industrial environs. (G) Wood preservation-That phase of pest control that involves the addition of preservatives to wood to extend the life of wood products by protecting them from damage caused by insects, fungi, and marine borers. Such wood products will include, but not be limited to, crossties, poles, and posts. This category is intended only for use by those persons using wood preservatives that may be classified as restricted use. (14) (No change.) (d) In order to qualify to take the Structural Pest Control Board test for obtaining a certified noncommercial applicators license as provided by subsection (c) of this section, the applicant must: (A) be an applicant with a degree in the biological sciences from an accredited college or university; (B) be an applicant with a notarized statement showing technical field experience of at least 12 months out of the past 24 months from a previous occupation; or (C) complete a board-approved certified noncommercial applicator training course. sec.593.11. Certified Noncommercial Applicator Restrictions. A certified noncommercial applicator may not perform commercial pest control services or perform any structural pest control services for a person other than the employer for whom he/she is certified as a noncommercial applicator. A certified noncommercial applicator shall not be associated with a licensed structural pest control business unless he/she is also a certified commercial applicator or technician. sec.593.12. Right-of-Way Certification. (a) The Texas Department of Agriculture will license right-of-way applicators in the right-of-way category who make applications in rural or urban areas to utility lines, pipelines, railroads, highways, farm-to-market roads, county roads, and drainage districts. If a right-of-way applicator is not using a restricted or state limited use pesticide and is not required to have a Texas Department of Agriculture license, but is applying pesticides in an urban area, the applicator is required to license with either the Texas Department of Agriculture or the Structural Pest Control Board. Employees of cities who make right-of-way applications for the purpose of vegetation management in urban areas are required to be licensed with the Structural Pest Control Board. (b) For purposes of this section the term "right-of-way" includes, but is not limited to, electric utility substations, power generating plants, switch yards, compression stations, pumping units or stations, road crossings, pipeline gathering sites, pipeline meter runs, and storage facilities for the right-of- way. 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-9116210 Benny M. Mathis, Jr. Executive Director Structural Pest Control Board Effective date: February 1, 1992 Proposal publication date: November 1, 1991 For further information, please call: (512) 835-4066 The following adoptions submitted by the Structural Pest Control Board will be serialized in the January 7, 1993 issue of the Texas Register. The effective date of these adoptions is February 1, 1992. Chapter 595. Compliance and Enforcement 22 TAC sec.sec.595.2, 595.3, 595.4, 595.5, 595.6, 595.7, 595.8, 595. 10, 595.11, 595.12, 595.21 The following adoptions submitted by the Structural Pest Control Board will be serialized in the January 7, 1992, issue of the Texas Register. The effective date of these adoptions is February 1, 1992 Chapter 597. Unlawful Acts and Grounds for Revocation 22 TAC sec.597.1, sec.597.3 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part III. Texas Commission on Alcohol and Drug Abuse The following adoptions submitted by the Texas Commission on Alcohol and Drug Abuse will be serialized in the January 7, 1992, issue of the Texas Register . The effective date of these adoptions is January 1, 1992. Chapter 150. Licensure of Chemical Dependency Counselors 40 TAC sec.sec.150.1-150.18, 150.20, 150.22 Part IX. Texas Department on Aging The following adoptions submitted by the Texas Department on Aging will be serialized in the January 7, 1992, issue of the Texas Register. The effective date of these adoptions is January 13, 1992. Chapter 292. Implementation of the Options for Independent Living Program 43 TAC sec.sec.292.1, 292.7, 292.9, 292.11 TITLE 43. TRANSPORTATION Part Texas Department of Transportation The following adoption submitted by the Texas Department of Transportation will be serialized in the January 7, 1992, issue of the Texas Register. The effective date of this adoption is January 10, 1992. Chapter 31. Division of Public Transportation General 43 TAC sec.31.3 The following adoptions submitted by the Texas Department of Transportation will be serialized in the January 7, 1992, issue of the Texas Register. The effective date of these adoptions is January 10, 1992. 43 TAC sec.31.11, sec.31.13