Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. 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 I. State Finance Commission Chapter 4. Currency Exchange Subchapter B. General 7 TAC sec.4.01 The State Finance Commission adopts on an emergency basis new sec.4.01, concerning the granting of provisional licenses under the Currency Exchange Act. The Currency Exchange Act empowers the State Finance Commission to promulgate general rules necessary to implement the provisions of that Act. This new section allows for the issuance of a temporary license which would be effective during the period of time an application is being processed by the Department of Banking. This rule is adopted on an emergency basis in order to allow currency exchange and transmission businesses which do not have a license to continue operations on a temporary basis after January 1, 1992, if they have made an effort to comply with the statute. In the absence of this rule empowering the commissioner to issue a provisional license, any business without a license on January 1, 1992, which has applied for one, would be required to cease operations until the application has been processed by the department and a license granted. The new section is adopted on an emergency basis in accordance with Texas Civil Statutes, Article 350, sec.7, which direct the State Finance Commission to adopt necessary rules to implement the Act, including, but not limited to, rules with respect to issuance of licenses. sec.4.01. Provisional License.
    The banking commissioner may grant a provisional license to any person who has filed a completed application with the Department of Banking on or before December 31, 1991. The banking commissioner also may grant a provisional license to any person who makes a good faith effort to comply with the Act. An application shall be considered to be completed when all requirements contained in the application form and accompanying documents have been satisfied. Unless extended, a provisional license shall expire 60 days after the date of issuance or on the date the applicant's application is granted or denied, whichever occurs earlier. A provisional license may be extended at the discretion of the banking commissioner. A provisional license is subject to suspension and revocation in the same manner as a permanent license issued under the Currency Exchange Act. Issued in Austin, Texas, on December 16, 1991. TRD-9116383 Ann Graham General Counsel Texas Department of Banking Effective date: December 27, 1991 Expiration date: April 25, 1992 For further information, please call: (512) 475-1300 TITLE 16. ECONOMIC REGULATION Part III. Texas Alcoholic Beverage Commission Chapter 55. Bingo Regulation 16 TAC sec.55.545 The Texas Alcoholic Beverage Commission is renewing the effectiveness of the emergency adoption of amended sec.55.545, for a 60-day period effective December 30, 1991. The text of amended sec.55.545 was originally published in the September 10, 1991, issue of the Texas Register (16 TexReg 4891). Issued in Austin, Texas, on December 30, 1991. TRD-9116420 Joe Darnall General Counsel Texas Alcoholic Beverage Commission Effective date: December 30, 1991 Expiration date: February 28, 1992 For further information, please call: (512) 465-4904 16 TAC sec.55.547 The Texas Alcoholic Beverage Commission is renewing the effectiveness of the emergency adoption of amended sec.55.547, for a 60-day period effective December 30, 1991. The text of amended sec.55.547 was originally published in the September 10, 1991, issue of the Texas Register (16 TexReg 4892). Issued in Austin, Texas, on December 30, 1991. TRD-9116421 Joe Darnall General Counsel Texas Alcoholic Beverage Commission Effective date: December 30, 1991 Expiration date: February 28, 1992 For further information, please call: (512) 465-4904 16 TAC sec.55.550 The Texas Alcoholic Beverage Commission is renewing the effectiveness of the emergency adoption of amended sec.55.550, for a 60-day period effective December 30, 1991. The text of amended sec.55.550 was originally published in the September 10, 1991, issue of the Texas Register (16 TexReg 4892). Issued in Austin, Texas, on December 30, 1991. TRD-9116422 Joe Darnall General Counsel Texas Alcoholic Beverage Commission Effective date: December 30, 1991 Expiration date: February 28, 1992 For further information, please call: (512) 465-4904 16 TAC sec.55.555 The Texas Alcoholic Beverage Commission is renewing the effectiveness of the emergency adoption of amended sec.55.555, for a 60-day period effective December 30, 1991. The text of amended sec.55.555 was originally published in the September 10, 1991, issue of the Texas Register (16 TexReg 4893). Issued in Austin, Texas, on December 30, 1991. TRD-9116423 Joe Darnall General Counsel Texas Alcoholic Beverage Commission Effective date: December 30, 1991 Expiration date: February 28, 1992 For further information, please call: (512) 465-4904 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 133. Hospital Licensing Standards 25 TAC sec.133.21 The Texas Department of Health (department) adopts on an emergency basis an amendment to sec.133.21, concerning hospital licensing standards (standards) which the section adopts by reference. The amendment to the text of sec.133.21 reflects the effective date of the amendment to the standards. The amendment to the standards themselves adds a new Chapter 12 to the standards concerning special licensing standards governing and recommendations addressing the provision of mental health services in general hospitals. Chapter 12 is added to address patient care and patient rights in the delivery of mental health services in response to a direction directed by the Senate Interim Study Committee on Health and Human Services and the office of the lieutenant governor that resulted from the committee's study of abuses surrounding the operation of private psychiatric hospitals. The chapter is intended to coordinate with the rules recently adopted by the Texas Board of Mental Health and Mental Retardation (TXMHMR) and to provide standards and recommendations to prevent the occurrence in general hospitals of the recently identified abuses in the delivery of mental health services in private psychiatric hospitals. Because of the narrow scope of rulemaking authority granted in the Texas Hospital Licensing Law (Health and Safety Code, Chapter 241) to the Texas Board of Health, however, much of the chapter's content is, of necessity, couched in terms of recommendations. The new chapter adopts by reference the following requirements: the "Medicare Conditions of Participation for Hospitals," as described in Title 42, Code of Federal Regulations, Chapter IV, Part 482, Subpart A, sec.482.2-sec.482.57. The chapter also recommends that general hospitals comply with Title 42, Code of Federal Regulations, Chapter IV, Part 482, Subpart E, sec.482.61 and 482.62; the standards set out by the Joint Commission on Healthcare Organizations in the most recent edition of the "Consolidated Standards Manual" for special treatment procedures and patient rights; and 25 Texas Administrative Code, sec.404.81, the TXMHMR rules relating to patient abuse and neglect in private psychiatric hospitals. The new chapter covers: purpose; scope; definitions; application for license or renewal license; special treatment procedures; administration of medications; patient rights; patient complaints; compliance with reporting requirements of other state laws; protection against certain crimes and consumer abuses; compliance with applicable provisions of the Texas Mental Health Code, Title 7, Subtitle C; special standards covering investigations, notice, opportunity for correction, and enforcement actions. The amendment is adopted on an emergency basis in order to address abuses recently identified in widespread public allegations of violations of state law and patient rights in private psychiatric hospitals. The activities alluded to in the public testimony constitute an imminent threat to public health, welfare, and safety. The amendment is adopted on an emergency basis under the Health and Safety Code, sec.241.027. which provides the Texas Board of Health (board) with authority to adopt rules to establish and enforce minimum standards for the licensing of hospitals; and sec.12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and the commissioner of health. sec.133.21. Adoption by Reference. (a) The Texas Department of Health adopts by reference the rules contained in the department publication effective September 1, l985, entitled "Hospital Licensing Standards," as amended through December
      [August] 1991. (b) (No change.) Issued in Austin, Texas, on December 30, 1991. TRD-9116411 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: December 30, 1991 Expiration date: April 28, 1992 For further information, please call: (512) 458-7538