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 1. ADMINISTRATION
Part II. Texas Ethics Commission
Chapter 5. Campaign Financing
Subchapter A. Contribution and Expenditure Reports
Penalty for Late Filing
1 TAC sec.5.1
The Texas Ethics Commission adopts on an emergency basis Chapter 5, Campaign 
Financing, Subchapter A, Contribution and Expenditure Reports, Penalty for Late 
Filing, sec.5.1, which establishes the civil penalty for late filing of a 
contribution and expenditure report.
The Texas Ethics Commission has determined that the emergency adoption of the 
new section is necessary and in the public interest in order to comply with the 
Texas Election Code, Title 15,  s254.042(b), as amended by Senate Bill 1 of the 
72nd Texas Legislature, effective date January 1, 1992.
The Texas Ethics Commission finds that an emergency exists in that: The Texas 
Election Code, Title 15, sec.254.042(b) has been amended effective as of January 
1, 1992. The amendment requires the Texas Ethics Commission to set an amount of 
the civil penalty; Article III sec.24a of the Texas Constitution creates the 
Texas Ethics Commission and gives the commission such powers and duties as the 
legislature may provide. The legislature has enacted Article 6252-9d.1, 
effective date January 1, 1992, which confers on the commission the power to 
enforce the Texas Election Code, Title 15, sec.254.042(b), including the power 
to adopt rules.
The new sections are adopted on an emergency basis under Texas Civil Statutes, 
Article 6252-9d.1 sec.1.11(b)(9), which empowers the commission to promulgate 
all rules and regulations necessary in carry out the provisions of Title 15, 
sec.254.042(b).
sec.5.1. Penalty for Late Filing of Contribution and Expenditure Reports.  <ol> 
The civil penalty for failure to timely file a contribution and expenditure 
report is $100.
Issued in Austin, Texas, on January 10, 1992.
TRD-9200442
Jim Mathieson
Attorney
Texas Ethics Commission
Effective date: January 13, 1992
Expiration date: May 12, 1992
For further information, please call: (512) 406-0100
       
Chapter 7. Personal Financial Disclosure
Subchapter A. Disclosure Statements
Penalty for Late Filing
1 TAC sec.7.1
The Texas Ethics Commission adopts on an emergency basis Chapter 7, Personal 
Financial Disclosure, Subchapter A, Disclosure Statements, Penalty for Late 
Filing, sec.7.1, which established the civil penalty for late filing of a 
personal financial statement.
The Texas Ethics Commission has determined that the emergency adoption of the 
new section is necessary and in the public interest in order to comply with 
Article 6252-9b, sec.12A(b), as amended by Senate Bill 1 of the 72nd Texas 
Legislature, effective date January 1, 1992.
The Texas Ethics Commission finds that an emergency exists in that: Article 
6252-9b, sec.12A(b) has been amended effective as of January 1, 1992. The 
amendment requires the Texas Ethics Commission to set an amount of the civil 
penalty; Article III, sec.24a of the Texas Constitution creates the Texas Ethics 
Commission and gives the commission such powers and duties as the legislature 
may provide. The legislature has enacted Article 6252-9d.1, effective date 
January 1, 1992, which confers on the commission the power to enforce Article 
6252-9b, including the power to adopt rules.
The new section is adopted on an emergency basis under Texas Civil Statutes, 
Article 6252-9d.1 sec.1.11(b)(9), which empowers the commission to promulgate 
all rules and regulations necessary in carry out the provisions of Article 6252-
9b, sec.12A(b).
sec.7.1. Penalty for Late Filing of Contribution and Expenditure Reports.  <ol> 
The civil penalty for failure to timely file a personal financial statement is 
$100.
Issued in Austin, Texas, on January 10, 1992.
TRD-9200440
Jim Mathieson
Attorney
Texas Ethics Commission
Effective date: January 13, 1992
Expiration date: May 12, 1992
For further information, please call: (512) 406-0100
       
Chapter 10. Registration and Regulation of Lobbyists
1 TAC sec.sec.10.1, 10.3, 10.5, 10.7, 10.9, 10.11, 10.13, 10.15, 10. 17, 10.19, 
10.21, 10.23, 10.25, 10.27, 10.29, 10.31, 10.33
The Texas Ethics Commission adopts on an emergency basis  ssec.10.1, 10.3, 10.5, 
10.7, 10.9, 10.11, 10.13, 10.15, 10.17, 10.19, 10.21, 10.23, 10.25, 10.27, 
10.29, 10.31, and 10.33 concerning registration and regulation of lobbyists. The 
new sections set forth guidelines, requirements, exceptions, penalties, and 
registration fees concerning lobbyists, and the required disclosures.
The commission has determined that adoption of these sections as soon as 
possible is in the public interest and is necessary to comply with the 
Government Code, sec.305.001 et seq, which governs the registration of 
lobbyists.
The new sections are adopted on an emergency basis under Senate Bill Number 1, 
sec.1.11(a)(9), 72nd Legislative Session (Regular), 1991, effective January 1, 
1992, which provides the Texas Ethics Commission with the authority to 
promulgate all rules and regulations necessary in carrying out the provisions of 
this Act.
sec.10.1. Application of the Expenditure Threshold.  A person who is not an 
officer or employee of a political subdivision or of a governmental entity 
created under the Texas Constitution or laws of this state must register with 
the commission as a lobbyist if the person makes total expenditures of more than 
$200 in a calendar quarter on the activities described by the Government Code, 
sec.305.006(b), excluding expenditures on the person's own travel, food, 
lodging, or membership dues expenses.
sec.10.3. Application of the Compensation Threshold.
(a) A person who does not make the requisite type and amount of expenditures 
must nevertheless register as a lobbyist if the person:
(1) is not a member of the state judicial, legislative, or executive branch or 
an officer or employee of a political subdivision of the state; and
(2) communicates directly with a member of the Texas legislative or executive 
branch to influence legislation or administrative action and receives 
compensation or reimbursement of more than $200 in a calendar quarter, but not 
including the person's own travel, food, or lodging expenses or the person's own 
membership dues, to make such direct communication.
(b) To trigger the application of the registration threshold of Government Code, 
sec.305.003(a)(2), a person must have communicated directly with a member of the 
legislative or executive branch to influence legislation or executive action. 
However, to determine the amount of compensation received for purposes of the 
Government Code sec.305.003(a)(2), the amount of compensation received for the 
direct communication includes additionally any amounts received to prepare for 
the communication.
(c) For purposes of the Government Code, sec.305.003(a)(2) and these rules, a 
person is not required to register if direct communication to influence 
legislation or administrative action constitutes only an incidental portion of 
the activities and duties for which the person receives compensation.
(d) Direct communication constitutes an incidental portion of one's activities 
and duties if no more than 5.0% of one's compensated time during a calendar 
quarter constitutes time spent in direct communication and in preparing for such 
communication.
(e) In determining the amount of compensation or reimbursement received for 
purposes of the registration threshold of the Government Code, sec.305.003(a)(2) 
and this section, a person who receives compensation or reimbursement, both for 
direct communication with a member of the Texas legislature or executive branch 
to influence and for other activities, may allocate on a reasonable basis his or 
her compensation and reimbursement to determine the amount subject to Chapter 
305.
sec.10.5. Exclusions From Administrative Action Lobbying.
(a)  For purposes of the compensation threshold of the Government Code, sec.305. 
003(a)(2), direct communication to influence administrative action does not 
include testimony or appearance in a public hearing or other communication made 
by the party, or a party's representative of record, in a proceeding of an 
adjudicative nature of the type authorized by or subject to the Administrative 
Procedure and Texas Register Act (Texas Revised Civil Statutes, Article 6252-
13a) (APTRA). Examples of these exclusions include appearances and 
communications by a representative of record in a contested case where the 
appearance is documented as part of the public record for that particular 
contested case, whether or not the proceeding is subject to APTRA.
(b) A person required to register by the Insurance Code, Article 1.06D, must 
register notwithstanding this section.
(c) For purposes of the Government Code, Chapter 305, "administrative action" 
does not include actions which only affect the internal operations of the agency 
itself, such as the purchasing decisions of the state agency.
sec.10.7. Activities That Do Not Require Registration.
(a) For the purpose of the Government Code, sec.305.003(a)(2), the following 
direct communications do not constitute activities to influence legislation or 
administrative action and are not required to be reported on registration forms 
or activity reports:
(1) the mere preparation and submission of an application or other written 
document providing information required by law, including statute, rule, 
regulation, order, or subpoena;
(2) direct communication solely for the purpose of obtaining information if no 
attempt is made to influence the action of a member of the legislative or 
executive branch; examples include an inquiry as to when a particular matter has 
been set for hearing or the location of the hearing or as to what is an agency's 
official interpretation of a statutory provision;
(3) providing merely clerical assistance in producing direct communication to 
influence legislation or administrative action, such as typing or hand-
delivering a letter or other document;
(4) appearing, submitting public written comments, or testifying at a hearing 
before a member of the legislative or executive branch in conjunction with 
official proceedings or rulemaking procedures if the person does not receive 
special or extra compensation for the preparation, appearance, submission, or 
testimony other than actual expenses incurred for the preparation, appearance, 
submission, or testimony;
(5) direct communication to the legal representative of a state agency whether 
concerning litigation in which the agency is a party or concerning adjudicative 
proceedings of the agency;
(6) direct communication to the appointing authority made by a person in his or 
her capacity as a member of an advisory committee or task force appointed by a 
member or an entity of the legislative or executive branch;
(7)  the activities listed in the Government Code,  s305.004 and sec.305.003(c), 
whether or not such activities constitute the sole activities of the person to 
influence legislation or administrative action;
(8) direct communications for the purpose of compliance with existing laws, 
administrative rules, policies, and procedures, when there is no attempt to 
change or seek exceptions to such rules, policies, or procedures;
(9) direct communications in connection with an audit, inspection, or government 
investigation to determine compliance with existing laws, regulations, and 
policies;
(10) direct communication involving a request to a person who is a member of the 
executive branch for a written opinion interpreting the law administered by the 
agency or office of which that person is a member; and
(11) direct communication to provide information in response to a specific 
request for the information from a member of the legislative or executive branch 
that are unsolicited or otherwise not a subterfuge from compliance with the 
requirements of these laws.
(b) A person whose only activities to influence legislation or administrative 
action is one or more of the activities excepted from the lobbyist registration 
requirement by the Government Code, sec.305.004 and sec.305.003(c), or by rules 
of this commission is not required to register with the commission as a 
lobbyist.
sec.10.9. Persons Who Assist the Registrant.
(a) For purposes of Government Code, sec.305.005(f)(5), persons employed or 
retained by the registrant to assist in direct communication with a member of 
the legislative or executive branch include other registrants and persons who 
provide administrative or research assistance to the registrant, but not persons 
whose assistance is clerical in nature.
(b) A person employed by the same employer as the registrant and who assists the 
registrant in lobby activities at the direction of the registrant is employed or 
retained by the registrant for purposes of the Government Code, 
sec.305.005(f)(5). A client of a business entity is not an employer for the 
purposes of this subsection.
sec.10.11. Identifying the Amount of Compensation.
(a) The amount of compensation or reimbursement that must be reported on the 
registration or registration renewal is the amount received by the registrant 
for lobby activities during the calendar year for which the registration or 
registration renewal is effective. If a registrant terminates a registration 
during the calendar year or allows a registration to expire without filing a 
registration renewal, the registrant must file a termination notice. The 
termination notice must report the amount of compensation or reimbursement 
received by the registrant during the calendar year for which the terminated or 
expired registration was effective. The term "lobby activities" means direct 
communication with one or more members of the Texas legislative or executive 
branch to influence legislation or administrative action and activities in 
preparing for such direct communication. Examples of such activities include 
holding strategy sessions, reviewing and analyzing legislative or executive 
actions, conducting research, and advising the client on these matters.
(b)  A registrant who receives compensation or reimbursement from a person for 
more than the purposes described in subsection (a) of this section may 
reasonably determine the amount of this compensation attributable to these 
purposes and report only that amount.
(c) Except as provided in subsection (e), of this section, if the amount of 
compensation or reimbursement that must be reported on the registration or 
registration renewal changes, the registrant must file an amended registration 
schedule to reflect the change, in accordance with the Government Code, 
sec.305.005(k), not later than the deadline for filing the next monthly activity 
report under the Government Code, sec.305. 007.
(d) The members of an organization or association (whether or not it is 
incorporated) are not clients of the organization or association under the 
Government Code, sec.305.005(j). The shareholders of a for-profit corporation 
are not clients of the corporation under the Government Code, sec.305.005(j).
(e) The registrant is not required to report changes in the amount of 
reimbursement received for office expenses and lobby expenditures if those 
expenditures or reimbursements have been reported on a previous activity report 
or are reported on the next activity report the registrant is required to file.
sec.10.13. Disclosing the Lobbyist Employer.
(a) An individual registrant who is reimbursed, retained, or employed by a 
corporation, association, firm, partnership, committee, club, organization, or 
group of persons who are voluntarily acting in concert (hereinafter referred to 
herein as entity) that is itself engaged in the representation of clients for 
lobby purposes must provide on the registration or registration renewal the full 
name and complete address and amount of compensation received for lobby 
activities from that entity; the full name and complete address of each client 
of the entity for whom the registrant lobbies; and the amount of compensation 
received by the entity from the entity's clients for the lobby activities of the 
registrant and of assistants when acting at the registrant's direction. 
Provided, however, if the entity registers and discloses the information 
required by this subsection, the individual registrant is excepted from the 
requirements of this subsection.
(b) In identifying the normal business of the registrant on the prescribed 
registration form, the registrant must provide the full name and complete 
address of the entity.
(c) An entity that receives compensation to influence legislation or 
administrative action on behalf of a client and whose only expenditure to 
communicate directly with a member of the legislative or executive branch to 
influence legislation or administrative action is the compensation or 
reimbursement of one or more individual registrants may register as a lobbyist. 
Such an entity must disclose on its registration form the full name, complete 
address, and the amount of compensation received by the entity from each of its 
clients for lobby activities.
sec.10.15. Lobby Registration Fee.
(a) The lobby registration fee or renewal fee is $300 per calendar year, except 
as provided by subsection (b) of this section.
(b) The lobby registration fee or registration renewal fee for a registrant who 
is retained, employed, or reimbursed for lobby activities exclusively by one or 
more organizations exempt from federal income tax under Internal Revenue Code,  
s501(c)(3)or sec.501(c)(4), is $100 per calendar year. A registrant whose 
clients include a non-exempt entity is subject to the $300 fee.
(c) A registration or registration renewal submitted without the proper fee will 
not be accepted. A registration or registration renewal submitted without the 
proper fee does not constitute a filing of a registration or registration 
renewal as provided by the Act. The submission of an amended registration does 
not require a fee.
(d) The fee should be paid by check or money order made payable to the Texas 
Ethics Commission.
sec.10.17. Lobby Forms. <ol> The Texas Ethics Commission adopts the Lobbyist 
Registration and Registration Renewal Form prescribed by the commission in 
January 1992. This form is published by and available from the Texas Ethics 
Commission, P.O. Box 12070, Austin, Texas 78711-2070.
sec.10.19. Identifying Subject Matters.
(a) On the registration form, registration renewal form, and activity report, in 
identifying the subject matter(s) of the direct communication made by the 
registrant or a person employed or retained by the registrant, the registrant 
must also provide the actual bill number, docket number, or other official 
designation of the matter if the registrant knows that information.
(b) A registrant is not required to file an amended registration form to 
indicate a change in the subject matter or administrative designation of 
legislation or administrative action if the registrant reflects that change in 
relation to the particular clients on the next monthly activity report that is 
due under Government Code, sec.305.007.
sec.10.21. Adding or Deleting Clients. If there is a change in the list of 
persons for whom the registrant lobbies, the registrant must file an amended 
registration schedule to reflect this change no later than the date the next 
monthly activity report is due under the Government Code, sec.305.007.
sec.10.23. Identifying Persons Who Make Grants or Contributions.  A "political 
contribution" as defined by the Election Code, sec.251.001, and reported as 
required by law is not a grant or contribution under the Government Code, 
sec.305.005(h)(4).
sec.10.25. Detailed Reporting.
(a) In itemizing expenditures of more than $50 a day for transportation or 
lodging:
(1) identification of the place of transportation must include the name of the 
carrier and identification of the departure and arrival city or cities;
(2)  identification of the place of lodging must include the name and complete 
street address of the hotel or other lodging and identification of the city in 
which such lodging is located;
(3) the date of the transportation or lodging is the date or dates in which the 
member used such transportation or lodging; and
(4) identification of the purpose of the transportation or lodging must include 
the name of the conference, seminar, or other events, if applicable.
(b) In itemizing expenditures of more than $50 a day for food and beverages:
(1) identification of the place of the expenditures must include the name and 
complete street address of the vendor providing the food and beverages, such as 
the restaurant or the catering service, and the location where the food and 
beverages are consumed, if different; and
(2) the date of the expenditure is the date on which the food and beverages are 
consumed.
(c)  In itemizing expenditures of more than $50 a day for entertainment:
(1) identification of the place of the expenditure must include the name and 
complete street address of the entertainment hall, arena, or similar location 
and identification of the city in which such entertainment occurred; and
(2) the date of the expenditure is the date on which the entertainment occurred.
sec.10.27. Exclusion from the Definition of "Transportation." <ol> For purposes 
of the Government Code, Chapter 305, "transportation" does not include 
transportation of incidental value, such as a ride of short duration by personal 
car or taxi-cab.
sec.10.29. Civil Late Penalty. The civil penalty for failure to file timely a 
required registration or report is $100.
sec.10.31. Legislative Advertising. <ol> "Political advertising" as defined by 
the Election Code, sec. 251.001(16), does not constitute legislative advertising 
under the Government Code, sec.305.027.
sec.10.33. Conflicts of Interest; Waiver; Withdrawal From Representation.  A 
registrant who resolves a conflict among clients, or withdraws from 
representation of one or more of the clients whose interests conflict, on the 
third business day or sooner after the day the registrant became aware of the 
conflict has not violated the Code of Conduct of the Government Code, sec.305. 
0011.
insert page2

[graphic]
Issued in Austin, Texas on January 8, 1992.
TRD-9200309
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Effective date: January 8, 1992
Expiration date: May 7, 1992
For further information, please call: (512) 406-0100
       
Chapter 15.  Legislative Per Diem
1 TAC sec.15.1
The Texas Ethics Commission adopts on an emergency basis new sec.15.1 concerning 
legislative per diem, which establishes the per diem for members of the 
legislature and the lieutenant governor.
The Texas Ethics Commission has determined that emergency adoption of the new 
chapter is in the public interest and is necessary in order to comply with state 
law, namely: Article III, sec.24a of the Texas Constitution which provides that 
the Texas Ethics Commission shall set a per diem for members of the legislature 
and the lieutenant governor; Article III, sec.24 of the Texas Constitution which 
provides that members of the legislature shall receive a per diem for each day 
of each Regular or Special Session of the Legislature; and Article IV, sec.17 of 
the Texas Constitution which provides that the Lieutenant Governor shall receive 
the same compensation as members of the legislature. The Texas Ethics Commission 
has further determined that the Third Called Session of the 72nd Legislature 
convened on January 2, 1992, and remains in session at the time of this 
emergency adoption of new Chapter 15.
The new section is adopted on an emergency basis by the provisions of Article 
III, sec.24a of the Texas Constitution. The Texas Ethics Commission is further 
authorized by Texas Civil Statutes, Article 6252-9d.1, sec.1.11(b)(9), to 
promulgate and adopt rules necessary to carry out the duties of the agency. 
Texas Civil Statutes, Article 6252-9d.1, took effect on January 1, 1992.
sec.15.01. Legislative Per Diem. Under Article III, sec.24a, of the Texas 
Constitution, the Texas Ethics Commission sets the per diem of members of the 
legislature and the lieutenant governor under Article III, sec.24, and Article 
IV, sec.17, of the Texas Constitution at the amount allowed as of January 1 of 
this calendar year for federal income tax purposes as a deduction for living 
expenses incurred in a legislative day by a state legislator in connection with 
the legislator's business as a legislator, disregarding any exception in federal 
law for legislators residing near the Capitol.
Issued in Austin, Texas, on January 8, 1992.
TRD-9200311
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Effective date: January 8, 1992
Expiration date: May 7, 1992
For further information, please call: (512) 406-0100
       
TITLE 31. NATURAL RESOURCES AND CONSERVATION
Part X. Texas Water Development Board
Chapter 355. Research and Planning Fund
Subchapter B. Economically Distressed Areas Facility Engineering
31 TAC sec.sec.355.70-355.73
The Texas Water Development Board (the Board) adopts on an emergency basis 
amendments to sec.sec.355.70-355.73, the repeal of sec.sec.355.74-355.77; and 
new sec.sec.355. 74-355.76, concerning funding for economically distressed areas 
facility engineering under the research and planning fund.
The amendment to sec.355.70, replacing the term "facility engineering" with 
"facility planning," allows the board to clarify its intent to require a single 
application for plans and specifications and project construction.
The amendment to sec.355.71 allows the board to finance up to 100% of the cost 
of facility planning for water and wastewater facilities to serve economically 
distressed areas. Sections 355.71-355.73 are amended in order to remain 
consistent with the amendment to sec.355.70.
New sec.355.74 eliminates separate applications for plans and specifications and 
for project construction. Facility plan tasks and construction plans and 
specifications will be included in one application.
New sec.sec.355.74-355.77 are renumbered sections necessitated by the repeal of 
sec.355.74 and reflect changes due to the amendment made in sec.355.70.
The board finds that there is a need to adopt the sections on an emergency basis 
in order to continue the efficient implementation of the Economically Distressed 
Areas Program, which provides financial assistance to those eligible counties 
which contain residential areas without any or with seriously inadequate water 
supply and sewer services, creating serious and unacceptable health hazards and 
which threaten the public health, safety, and welfare.
The amendments are adopted on an emergency basis under the Texas Water Code, 
sec.6.101 and the Texas Water Code, Chapter 15, Subchapter F, sec.15.403, which 
requires the board to adopt rules necessary to carry out the powers and duties 
of the board and of various programs of the research and planning fund.
sec.355.70. Definitions.  The following words and terms, when used in this 
subchapter, shall have the following meanings, unless the context clearly 
indicates otherwise. Words defined in the Texas Water Code, Chapter 15 or 17, 
and not defined here shall have the meaning provided by the appropriate chapter.
 Facility <nl>planning <ol> [engineering]-The studies and tasks that are 
performed to determine the engineering feasibility of water or wastewater 
facilities and to obtain plans and specifications for constructing the water or 
wastewater facilities for an economically distressed area. Facility 
<nl>planning<ol> [engineering] consists of a facility plan task and a plans and 
specifications task.
sec.355.71. Purpose and Policy.
(a) Availability. The board will make funds available through the research and 
planning fund or development fund to political subdivisions in affected counties 
for up to <nl>100 <ol> [75]% of the cost of facility <nl>planning <ol> 
[engineering] for water and wastewater facilities to serve economically 
distressed areas. [At least 50% of the applicant's minimum required matching 
share shall be provided in the form of cash.]
(b) [Completion of phases. The board will consider and may provide financing for 
plans and specifications only after completion of a facility plan or preparation 
of an equivalent product, and in conjunction with board approval of an 
application for financial assistance to construct water or wastewater facilities 
or both.
[(c) Repayment of costs for plans and specifications. Upon closing a transaction 
that provides financial assistance for facility construction, the applicant may 
be required to return to the board, from any source available to the applicant 
including financial assistance from the board, that portion of costs for plans 
and specifications provided by the board. The board will determine the method 
and form of security for the funds advanced to the applicant for costs for plans 
and specifications.]
(d)] Engineering. To make the most effective use of the limited amount of funds 
available, the applicant will confer with the board on all significant decisions 
related to facility <nl>planning<ol> [engineering].
<nl>(c) <ol>[(e)] Professional engineer. All applicable facility 
<nl>planning<ol> [engineering] reports and plans shall be signed and sealed by a 
professional engineer in accordance with the Texas Engineering Practice Act, 
Texas Civil Statutes, Article 3271a.
sec.355.72. Criteria for Eligibility. Political subdivisions must meet the 
appropriate requirements of this section before the board may provide financial 
assistance for facility <nl>planning<ol> [engineering].
(1)-(2)  (No change.)
(3) A political subdivision applying for facility  <nl>planning<ol> 
[engineering] assistance must have any required certificate of public 
convenience and necessity that includes the project area and that is for the 
same type of service to be addressed in the proposed facility <nl>planning<ol> 
[engineering] study; or if the project area does not have a holder of a 
certificate of public convenience and necessity and one is required, the 
applicant must have applied for the certificate of public convenience and 
necessity before the applicant applies for facility plan assistance; or the 
application must be a joint application with the holder of the certificate of 
public convenience and necessity.
(4) (No change.)
(5) If, after submission of a facility <nl>planning <ol> [engineering] 
assistance application, the county average per capita income increases or the 
average unemployment rate decreases so that the county no longer meets the 
definition of affected county in sec.355.70 of this title (relating to 
Definitions), the political subdivision submitting the application will continue 
to be eligible for financial assistance provided the application is not 
substantially amended.
(6)-(7) (No change.)
sec.355.73. Scope of Facility Plan.
(a) A facility plan shall incorporate appropriate data from applicable existing 
planning reports and shall consist of:
(1)-(5) (No change.)
(6) documentation of the number of dwellings occupied on June 1, 1989, and 
number of dwellings to be served by the project within the facility 
<nl>planning<ol> [engineering] area and the economically distressed area;
(7)-(14) (No change.)
(b) The facility plan assistance shall include the items of work described in 
this subsection if approved or required by the board:
(1)-(2) (No change.)
(3) the preparation of applications for necessary state and federal wastewater 
permits. Facility <nl>planning <ol> [engineering] may not include activities 
associated with administrative or legal proceedings by regulatory agencies; and
(4) (No change.)
Issued in Austin, Texas, on January 9, 1992.
TRD-9200389
Gail Allan
Acting General Counsel
Texas Water Development Board
Effective date: January 10, 1992
Expiration date: May 9, 1992
For further information, please call: (512) 463-7981
       
31 TAC sec.sec.355.74-355.77
The repeals are adopted on an emergency basis under the Texas Water Code, 
sec.6.101 and the Texas Water Code, Chapter 15, Subchapter F, sec.15.403, which 
requires the board to adopt rules necessary to carry out the powers and duties 
of the board and of various programs of the research and planning fund.
sec.355.74. Scope of Plans and Specification Tasks.
sec.355.75. Submission of Applications.
sec.355.76. Contracts.
sec.355.77. Reports and Documents.
Issued in Austin, Texas, on January 9, 1992.
TRD-9200390
Gail Allan
Acting General Counsel
Texas Water Development Board
Effective date: January 10, 1992
Expiration date: May 9, 1992
For further information, please call: (512) 463-7981
       
31 TAC sec.sec.355.74-355.76
The new sections are adopted on an emergency basis under the Texas Water Code, 
sec.6.101 and the Texas Water Code, Chapter 15, Subchapter F, sec.15.403, which 
requires the board to adopt rules necessary to carry out the powers and duties 
of the board and of various programs of the research and planning fund.
sec.355.74. Submission of Applications. An application shall be submitted for 
the facility plan tasks. An application will be in the form and in numbers 
prescribed by the executive administrator. The executive administrator may 
request any additional information needed to evaluate the application, and may 
return any incomplete applications.
sec.355.75. Contracts.
(a) If an application is approved, the board may authorize the executive 
administrator to enter into a contract with the applicant on behalf of the 
board. The contract shall include: scope of work; schedule of work; budget; any 
other terms or conditions required by the executive administrator.
(b) An approved applicant may subcontract any or all of the scope of work. The 
board will not be party to any subcontract, and the political subdivision will 
be solely responsible for monitoring, administering, and requiring subcontractor 
compliance with the terms of the board's contract with the political 
subdivision.
(c) Applicants, contractors, and subcontractors shall maintain financial 
accounts, documents, and records that are acceptable to the board. All records 
shall be made available for examination and audit by the staff of the board and 
the state. Accounting by applicants contractors, and subcontractors shall be in 
a manner consistent with generally accepted accounting procedures. All records 
will be retained for a minimum period of three years, and records shall be 
retained beyond the three years if litigation, a claim, or an audit is in 
processor if audit findings are not resolved. The three-year period will begin 
upon final payment of the funds retained by the board.
(d) Capital equipment shall not be purchased with facility planning assistance.
sec.355.76. Reports and Documents. All reports, planning documents, plans and 
specifications, and any other work products resulting from facility planning 
assistance must be provided to the board and will be deemed public information. 
The applicant and subcontractors shall be available for presentations of results 
as required by the board.
Issued in Austin, Texas, on January 9, 1992.
TRD-9200391
Gail Allan
Acting General Counsel
Texas Water Development Board
Effective date: January 10, 1992
Expiration date: May 9, 1992
For further information, please call: (512) 463-7981