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 16. ECONOMIC REGULATION
Part I. Railroad Commission of Texas
Chapter 3. Oil and Gas Division
Conservation Rules and Regulations
16 TAC sec.3.50
The Railroad Commission of Texas adopts amendments to 16 TAC sec.3.50, 
concerning requirements for approval and certification of expanded enhanced oil 
recovery (EOR) projects to receive a tax incentive pursuant to the Texas Tax 
Code, Title 2, Chapter 202, Subchapter B, sec.202.052 and sec.202.054, without 
changes to the proposed text as published in the January 21, 1992, issue of the 
Texas Register (17 TexReg 457). The amendments to 16 TAC sec.3.50 provide the 
procedure for implementing the Tax Code, sec.202.052 and  sec.202.054, as 
amended by Senate Bill Number 1105, which grants a reduced oil production tax 
rate for the incremental increase in oil produced from expanded EOR projects 
approved and certified by the Railroad Commission of Texas. The amendments 
define terms and set the standard for qualification, approval and certification 
for the severance tax incentive. The Railroad Commission has not fully analyzed 
the potential severance tax implications.
One commenter recommended that the rule should provide that projects may be 
approved as "new and district" if a new technological method is applied to a 
project which began active operation prior to September 1, 1989.
The commission disagrees. These types of new methods may qualify as expansions 
of existing projects, if so, the incremental increase in oil production caused 
by these new methods would be given the tax reduction.
One commenter suggested that the definition of "expanded enhanced recovery 
project or expansion" be changed to allow the addition of injection or producing 
wells.
The commission disagrees because the addition of new injection wells would be 
covered in change of injection pattern. The addition of new producing wells is 
not an enhanced recovery project, but is only infill drilling.
One commenter suggested that the Form H-12 (New or Expanded Enhanced Oil 
Recovery Project and Area Designation Approval Application) be amended to 
eliminate the requirement that operators supply the estimated value and amount 
of oil and gas reserves recoverable.
This comment does not concern the proposal.
One commenter suggested that the proposal be amended to permit interim 
certification of the designated area, so that operations may be commenced prior 
to the sometimes lengthy full certification process.
The commission disagrees. During the last year, properly filed applications for 
project approval and certification took an average of approximately 15 days to 
be fully certified.
The following commenters expressed general support for the proposal, although 
they suggested changes to various provisions: Marathon Oil Company and Texas 
Mid-Continent Oil & Gas Association.
The amendment is adopted under the Texas Natural Resources Code, sec.sec.81.052, 
85.046, and 85.202 and the Texas Tax Code, sec.202.052 and sec.202.054, which 
provides the Railroad Commission of Texas with the authority to adopt rules for 
the following purposes: to govern and regulate persons and their operations 
under the jurisdiction of the Railroad Commission; to prevent the waste of oil 
in producing operations; to approve EOR projects; to designate the area to be 
affected by EOR projects; to certify positive production response; and to 
terminate EOR projects.
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 February 24, 1992.
TRD-9202811
Nolan Ward
Hearings Examiner, General Law-Legal Division
Railroad Commission of Texas
Effective date: March 18, 1992
Proposal publication date: January 21, 1992
For further information, please call: (512) 463-6941
       
Chapter 15. Alternative Fuels Research and Education Division
The General Rules of Practice and Procedure
16 TAC sec.15.1, sec.15.2
The Railroad Commission of Texas adopts new sec.15.1 and sec.15.2, concerning 
definitions to be used under the chapter and registration of loading racks with 
the commission, with changes to the proposed text as published in the November 
12, 1991, issue of the Texas Register (16 TexReg 6526).
The commission is adopting the new sections in response to House Bill 2505, 
which amends Chapter 113 of the Texas Natural Resources Code to create an 
Alternative Fuels Research and Education Fund in the state treasury. Monies from 
the fund will be used by the commission to conduct research and educate the 
public regarding the use of LPG. Although House Bill 2505 refers to research and 
education regarding "LPG and other alternative fuels," it also restricts the use 
of funds to activities relating to the specific fuel from which the fee was 
derived. Because all of the funds collected under this chapter will derive from 
the LPG industry, they will be used solely for research and education regarding 
LPG.
New sec.15.1 sets out definitions applicable to the newly created division. 
Section 15.2 requires that loading racks be registered with the commission on an 
annual basis.
Comments concerning these sections were submitted by the Gas Processors 
Association, the Texas LP-Gas Association, and 10 other persons involved in the 
LPG industry. These comments and the commission's responses to them are briefly 
summarized below. No requests for public hearing were received.
Several of the comments received concerned aspects of the rules not particular 
to any one section. For example, one commenter suggested that the present 
rulemaking be expanded to address the establishment of advisory committees as 
authorized by House Bill 2505. The commission disagrees with this suggestion. 
The present rulemaking concerns only the fees required to be collected under the 
statute. The issue of the establishment of advisory committees will be addressed 
separately.
Two commenters also requested that their facilities be exempted from 
responsibility for collecting and remitting the fee. The commission will not 
address these individual requests for exemption in the rules themselves. Due to 
the complexity of the transactions involved, all exemption requests will be 
considered on a case-by-case basis.
Another commenter recommended that all references to the term "alternative 
fuels" be stricken from the rules. This commenter argued that House Bill 2505 
was passed solely for the benefit of the Texas LPG industry, and that the use of 
the broader term "alternative fuels" is misleading. The commission disagrees. 
The term "alternative fuels" reflects the language of the statute, and therefore 
it has not been deleted from the rules.
With regard to sec.15.1, the majority of the comments received concerned the 
proposed definition of loading rack operator, which includes not only the person 
or entity controlling the day-to-day operations of a loading rack facility, but 
alternatively, the person or entity invoicing the first sale of odorized LPG 
delivered into a cargo container at a loading rack. Numerous commenters 
expressed support for the definition as proposed. These commenters felt that the 
expansion of the definition to include the person or entity invoicing the first 
sale more accurately reflects the actual workings of the LPG industry, and will 
greatly reduce the administrative burden placed on those required to remit the 
fee. One commenter also suggested that the definition as proposed will prevent 
third-party loading racks, who are not parties to an actual sale of LPG, from 
being forced to assume any bad debt resulting from the seller's failure to pay 
the fee.
On the other hand, several commenters expressed the opposite view, urging that 
the definition be limited to those persons or entities controlling the day-to-
day operations of a loading rack facility. These commenters noted that the 
definition as proposed will significantly increase the number of persons 
required to report and remit the fee and suggested that this will place an undue 
administrative burden on the Alternative Fuels Research and Education Division 
of the commission. The commenters also expressed concern that the proposed 
definition creates loopholes for avoiding the fee, and that enforcement under 
the definition will be difficult, if not impossible.
After careful consideration of both viewpoints, the commission has chosen to 
leave the definition of loading rack operator as proposed. Comments received 
indicate that, due to the nature and complexity of LPG sales transactions, any 
benefit gained by relieving the person or entity actually invoicing the first 
sale of odorized LPG delivered into a cargo container at a loading rack facility 
from responsibility for reporting and remitting the fee would be outweighed by 
the resulting administrative burden on loading rack facilities.
Therefore, although the proposed definition of loading rack operator will create 
additional administrative and enforcement difficulties for the commission, the 
commission is of the opinion that these difficulties are more easily 
surmountable than those that would be created by the more limited definition 
proposed by the commenters.
For purposes of clarification and consistency, the commission has amended the 
proposed definition of loading rack operator. In the second sentence of the 
definition, the phrase "first purchase of LPG" has been replaced in two 
instances with the phrase "first sale of odorized LPG."
In addition, in response to comment, the proposed definition of first sale has 
been amended. The commission has added the phrase "within the State of Texas" to 
the definition of first sale in order to clarify that the fee will be collected 
on all first sales of odorized LPG delivered into a cargo container at a loading 
rack facility located in the State of Texas, regardless of the origin of the 
gas.
With regard to sec.15.2, the commission has amended the second sentence of that 
section to require all loading rack operators to register with the commission on 
or before May 1st of each year. The section as proposed required registration on 
or before January 1st of each year. In addition, for the sake of increased 
clarity, the reference to Division Form Number 6 in sec.15.2 has been changed to 
AFRED Form Number 6.
The new sections are adopted under the Texas Natural Resources Code, sec.113. 
246, which authorizes the commission to promulgate rules and standards necessary 
for the administration, collection, reporting, and payment of fees payable or 
collected under Chapter 113, Subchapter I of the Code.
sec.15.1. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context indicates 
otherwise.
   Cargo container -Any receptacle mounted on a transport vehicle, including a 
bobtail or semi-trailer, designed and used for the transportation or storage of 
liquefied petroleum gas, excluding the vehicle's motor fuel tank.
   Commission-The Railroad Commission of Texas.
   Division-The Alternative Fuels Research and Education Division of the 
Railroad Commission of Texas.
   First sale-The first transaction within the State of Texas in which ownership 
of odorized liquefied petroleum gas transfers from seller to purchaser.
   Liquefied petroleum gas (LPG)-Any material that is composed predominantly of 
any of the following hydrocarbons or mixtures of hydrocarbons: propane, 
propylene, normal butane, isobutane or butylenes.
   Loading rack-Any material handling facility where LPG is loaded into cargo 
containers, including but not limited to gas processing plants, refineries, 
underground and aboveground bulk storage facilities, pipeline terminals, and 
unattended LPG dispensing facilities.
   Loading rack operator-The owner or any person or entity controlling the day-
to-day operations of the facility. When this person or entity is not the person 
or entity invoicing the first sale of odorized LPG dispensed into a cargo 
container at a loading rack, then the person or entity invoicing the first sale 
of odorized LPG dispensed into a cargo container at a loading rack shall be 
considered the loading rack operator.
sec.15.2. Loading Rack Registration. All loading racks operating within the 
State of Texas must be registered with the commission. On or before May 1st of 
each year, each loading rack operator shall file with the commission AFRED Form 
Number 6, Loading Rack Registration. It shall be the responsibility of the 
operator to notify the commission of any changes in registration information, 
and failure to properly register may subject the operator to civil penalties 
under sec.15.27 of this chapter (relating to Civil Penalties).
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 February 24, 1992.
TRD-9202809
Nolan Ward
Hearings Examiner, Legal Division-General Law
Railroad Commission of Texas
Effective date: March 18, 1992
Proposal publication date: November 12, 1991
For further information, please call: (512) 463-7013
       
16 TAC sec.sec.15.21-15.27
The Railroad Commission of Texas adopts new sec.sec.15.21-15.27, concerning the 
administration, collection, reporting, and payment of fees due on the first sale 
of odorized liquefied petroleum gas (LPG), as well as penalties associated with 
failure to comply with the applicable statute or commission rules. Sections 
15.21-15.25 are adopted with changes to the proposed text as published in the 
November 12, 1991, issue of the Texas Register  (16 TexReg 6526). Section 15.26 
and sec.15.27 are adopted without changes and will not be republished.
The commission is adopting the new sections in response to House Bill 2505, 
which amends Chapter 113 of the Texas Natural Resources Code to create an 
Alternative Fuels Research and Education Fund in the state treasury. Monies from 
the fund will be used by the commission to conduct research and educate the 
public regarding the use of LPG. Although House Bill 2505 refers to research and 
education regarding LPG and other alternative fuels, it also restricts the use 
of funds to activities relating to the specific fuel from which the fee was 
derived. Because all of the funds will be derived from the LPG industry, they 
will be used solely for research and education regarding LPG.
New sec.15.21 establishes a fee on the first sale of odorized LPG and prescribes 
the amount of the fee to be collected. The procedure for reporting and remitting 
the fees is described in sec.15.22, and sec.15.23 sets out the allowable 
exemptions. Section 15.24 and sec.15.25 concern application for refunds, both 
from the loading rack operator and from the commission. Administrative penalties 
for failure to report as required are covered in sec.15.26, and sec.15. 27 sets 
out civil penalties that may result from failure to comply with Chapter 113 of 
the Texas Natural Resources Code or commission rules.
Comments concerning these sections were submitted by the Gas Processors 
Association, the Texas LP-Gas Association, and 10 other persons involved in the 
LPG industry. These comments and the commission's responses to them are briefly 
summarized below. No requests for public hearing were received.
With regard to sec.15.21, one commenter suggested that the language in proposed 
sec.15.21(b) was confusing in light of the expanded definition of loading rack 
operator. The commission agrees and has deleted the second half of the first 
sentence of sec.15.21(b) beginning with the word "regardless." The second 
sentence has been deleted as well.
In addition, the commission has reworded sec.15.21(c)(9) for the sake of 
increased clarity. The substance of the subsection has not been altered.
The commission has also amended sec.15.22. The phrase "into a cargo container" 
has been added after the word "delivered" in both the first and second sentences 
of that section to clarify the commission's use of the word "delivered" and to 
reflect the wording of the statute.
Also, sec.15.23(b) has been amended in response to comment. A commenter 
suggested that the exemption forms referenced in sec.15.23(b) should be 
eliminated. The commenter contended that because the information included on the 
exemption forms is already required on bills of lading, the exemption forms are 
redundant. The commission agrees in part. Companies that already retain bills of 
lading containing the required information should not be required to keep on 
file commission forms containing identical information. However, the commission 
has no guarantee that all companies retain such complete bills of lading. 
Therefore, the commission has amended sec.15.23(b) to allow companies to use 
either the commission's exemption forms or other forms specifically approved by 
the commission. Bills of lading fall in the latter category. They may be used, 
but must be approved in writing in advance by the commission.
Another commenter recommended that Division Form Number 2, Load Exemption, which 
is referenced in sec.15.23(b), be revised to include additional information. The 
commission agrees with this recommendation and intends to revise the form. 
However, the forms themselves are not a part of this rulemaking and any 
amendments to them will be made at a later date.
In regard to the forms, however, the commission has changed each reference to 
Division Form Number 2 in the rules to read AFRED Form Number 2 for the sake of 
increased clarity.
The new sections are adopted under Texas Natural Resources Code, sec.113.246, 
which authorizes the commission to promulgate rules and standards necessary for 
the administration, collection, reporting, and payment of fees payable or 
collected under Chapter 113, Subchapter I of the Code.
sec.15.21. Fee on Delivery of Odorized LPG.
(a) Each operator of an LPG loading rack, upon delivery of odorized LPG into any 
cargo container, shall collect a fee on the first sale of said odorized LPG.
(b) The loading rack operator shall be responsible for collecting the fee from 
the first purchaser of the odorized LPG.
(c) The amount of the fee shall be computed on the net amount of odorized LPG 
delivered into the cargo container in accordance with the following fee 
schedule:
(1) $7.50 for each delivery of less than 1,500 gallons;
(2) $9.00 for each delivery of 1,500 gallons or more but less than 1,800 
gallons;
(3) $10 for each delivery of 1,800 gallons or more but less than 2,000 gallons;
(4) $12.50 for each delivery of 2,000 gallons or more but less than 2,500 
gallons;
(5)  $13.50 for each delivery of 2,500 gallons or more but less than 2,700 
gallons;
(6) $25 for each delivery of 2,700 gallons or more but less than 5,000 gallons;
(7) $37.50 for each delivery of 5,000 gallons or more but less than 8,000 
gallons;
(8) $50 for each delivery of 8,000 gallons or more but less than 12,000 gallons;
(9) For each delivery of 12,000 gallons or more, $25 for each increment of 5,000 
gallons, and $25 for any remainder of less than 5,000 gallons.
sec.15.22. Report and Remittance of Fees. On or before the 25th day of each 
month, each loading rack operator shall file a report and remit to the 
commission all fees due on odorized LPG delivered into a cargo container in the 
previous month. Fees are due to the commission on all gas delivered into a cargo 
container in the previous month, regardless of whether the fees were actually 
collected from first purchasers in that month. The report shall be prepared on 
AFRED Form Number 1, Loading Rack Operators Report of Fees Collected, and must 
be returned to the Alternative Fuels Research and Education Division of the 
commission postmarked on or before the deadline for filing. Late filings or 
failure to file as required will subject the operator to additional fees or 
penalties as set out in sec.15.26 and sec.15.27 of title (relating to Penalty 
For Failure To Report As Required; and Civil Penalties).
sec.15.23. Exemptions.
(a) No fee shall be collected on any deliveries of odorized LPG destined for 
export out of the State of Texas if the LPG is in continuous movement to a 
destination outside the state.
(b)  Purchasers or representatives of purchasers claiming an exemption under 
this section must complete the appropriate form and return it to the loading 
rack operator making the exempt delivery. AFRED Form Number 2, Load Exemption, 
or another form specifically approved in advance in writing as equivalent by the 
Division, shall be completed by any purchaser certifying that a particular load 
of LPG is exempt from the fee. AFRED Form Number 4, Blanket Exemption, or 
another form specifically approved in advance in writing as equivalent by the 
division, shall be completed by any purchaser obtaining an exemption for all LPG 
purchased. Each loading rack operator shall keep all exemption forms filed with 
him/her on file and available for commission inspection for a period of four 
years.
sec.15.24. Loading Rack Refunds. Any purchaser who pays a fee to a loading rack 
operator on a load of LPG that is exempt under sec.15.23 of this title (relating 
to Exemptions) may apply to the loading rack operator for a refund of the amount 
paid. To apply for the refund, the purchaser must complete AFRED Form Number 5, 
Request for Refund, and return it to the loading rack operator who collected the 
fee. Any loading rack operator who is required to refund a fee to a purchaser as 
a result of the purchaser having returned AFRED Form Number 5 shall report the 
amount of the refund on Schedule A of AFRED Form Number 1. All amounts refunded 
and reported in this manner may be deducted from the total amount of fees 
collected to arrive at the total amount of fees to be remitted to the 
commission. All refund amounts reported must be supported by refund request 
forms kept on file and available for commission inspection by the loading rack 
operator for a period of four years.
sec.15.25. Commission Refund.  Any operator of a loading rack may petition the 
commission for refund of fees remitted to the commission in error. Any operator 
seeking a refund must complete AFRED Form Number 3, Fee on First Sale of 
Odorized LPG Refund Request, and return it to the Alternative Fuels Research and 
Education Division of the commission. The reason for the refund and supporting 
documentation must accompany the request.
sec.15.26. Penalty For Failure To Report as Required.
(a)  Loading rack operators filing a report or remitting fees later than the 
25th day of the month in which fees are due, but within 30 days of the deadline, 
shall remit a penalty in the amount of 5.0% of the amount of fees originally due 
and payable.
(b) Loading rack operators filing a report or remitting fees more than 30 days 
after the deadline shall remit a penalty in the amount of 10% of the amount of 
fees originally due and payable.
(c) An additional penalty of 75% of the amount of the fees and penalties due and 
payable will be added to the above-mentioned penalties if the failure to file a 
report or to remit the fees collected is determined to be the result of fraud or 
an intent to evade the provisions of the Texas Natural Resources Code, Annotated 
sec.sec.113. 241-113.245 or commission rules.
sec.15.27. Civil Penalties.
(a) Any person who violates the provisions of the Texas Natural Resources Code, 
sec.sec.113.241-113.245 or the rules of the commission implementing those 
provisions forfeits to the state a civil penalty in an amount not less than $25 
and not more than $200.
(b)  At the request of the commission, the Attorney General is empowered to sue 
in a court of competent jurisdiction to collect any fee or penalty due under the 
provisions of the Texas Natural Resources Code, sec.sec.113.241-113.250.
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 February 24, 1992.
TRD-9202810
Nolan Ward
Hearings Examiner, Legal Division-General Law
Railroad Commission of Texas
Effective date: March 18, 1992
Proposal publication date: November 12, 1991
For further information, please call: (512) 463-7013
       
Part II. Public Utility Commission of Texas
Chapter 23. Substantive Rules
Records and Reports
16 TAC sec.23.12
The Public Utility Commission of Texas adopts an amendment to sec.23.12, 
concerning financial records and reports, with changes to the proposed text as 
published in the September 27, 1991, issue of the Texas Register  (16 TexReg 
5303).
The section prescribes the uniform system of accounts that every public utility 
must keep and specifies those financial and operating reports that must be filed 
by telephone and electric utilities. The section also establishes reporting 
requirements for mergers and for the sales of property of stock.
The following submitted comments in response to the September 27, 1991, Texas 
Register publication: Houston Lighting & Power Company (HL&P); Office of Public 
Utility Counsel (OPUC); Southwestern Bell Telephone company (SWB); Southwestern 
Public Service Company (SPS); Texas Association of Long Distance Telephone 
Companies (TEXALTEL); and Texas Telephone Association (TTA). Central Telephone 
Company of Texas (Centel) filed a letter of concurrence in the comments filed by 
TTA.
OPUC did not oppose the proposed amendments.
TEXALTEL urged the commission to modify the proposed definition of Class A and 
Class B telephone utilities in sec.23.12(a)(1)(A) to delete the word "regulated" 
from the phrase "utilities with regulated annual operating revenues. " TEXALTEL 
expressed concern that inclusion of the word "regulated" could impede the 
commission from evaluating the existence of possible cross-subsidies between the 
regulated and unregulated business operations of local exchange companies 
operating in Texas. TEXALTEL's comments are apparently based on the belief that 
the commission requires the filing only of that information required by the 
Federal Communications Commission (FCC). Clearly, the commission is not 
dependent upon FCC reports for information. Nothing in this rule prevents the 
commission from imposing additional reporting requirements or seeking additional 
information. The definition is consistent with the current classifications used 
by FCC. By adopting a definition consistent with the FCC classification scheme, 
the commission establishes a system of accounts consistent with that established 
by the FCC, as required by the Public Utility Regulatory Act, sec.27(a). 
Consequently, no change is made based on TEXALTEL's comments.
TTA comments that sec.23.12(b)(1)(C) be revised to limit annual reporting to 
those utilities subject to the reporting requirements of the Securities and 
Exchange Commission (SEC). Despite the broad language of its proposed revision, 
ITA's comments reflected concerns only about the imposition of reporting 
requirements on holding companies, particularly private-owned utility holding 
companies. The commission declines to adopt TTA's suggestion in its entirety, as 
it is interested in obtaining annual reports from all utilities subject to its 
jurisdiction, as well as utility holding companies subject to SEC reporting 
requirements. The commission, however, modifies the subparagraph to exclude from 
the reporting requirements of sec.23.12(b)(1)(C) utility holding companies not 
subject to annual reporting to the SEC.
HL&P proposed that sec.23.12(b)(2) be revised to require that the commission 
approve instructions to the earnings reports, and that such approval occur only 
after interested persons have been permitted to comment on the instructions 
contained in those reports. The commission currently conducts industry workshops 
and otherwise solicits comments prior to substantively revising either the 
instructions or schedules contained in the earnings report. HL&P did not comment 
that these informal mechanisms are inadequate. Moreover, obtaining commission 
approval may impose significant delay in implementing necessary revisions. No 
change is made to this paragraph based on HL&P's comment.
SPS and TTA proposed elimination of the semi-annual earnings report, as required 
by sec.23.12(b)(2). SPS characterized the semi-annual earnings report as 
redundant. TTA argued that preparation of the semi-annual report was burdensome, 
as most telephone companies operate on a fiscal year ending December 31. The 
commission proposed no change to the frequency of the filing of these reports. 
The semi-annual filing requirement ensures that the commission, at minimal cost, 
has access to current earnings information and can effectively monitor earnings. 
Additionally, to the extent the semi-annual reports indicate a need for the 
commission's general counsel to formally inquire into a utility's rates, the 
filing of such reports minimizes the regulatory lag associated with such action. 
Consequently, the commission declines to make the recommended changes.
HL&P recommended that sec.23.12(b)(3) be revised to excluded from filing 
requirements those exhibits and documents incorporated by reference in 
commission (SEC) reports, as well as certain other reports and registration 
statements. HL&P suggested that such information be made available upon request. 
Though HL&P stated that the information can be voluminous, it did not quantify 
its claim. The commission serves as a public repository for information relating 
to a utility's operations. Adoption of HL&P's proposal would restrict the 
information available for public review and hinder understanding of those 
documents filed. The commission declines to adopt this recommendation.
SWB, SPS, and TTA opposed the proposed deletion of sec.23.12(b)(5), noting that 
this provision protects utilities from the requirement to file information that 
is already on file with the commission. The commission agrees with SWB, SPS, and 
TTA and reinstates this provision as sec.23.12(b)(4).
No party filed comments on the proposed deletion of the last sentence of 
sec.23.12(b)(1)(B)(i). That sentence was to have been revised, rather than 
deleted, to reflect the current classification scheme used by the Federal Energy 
Regulatory commission (FERC). In the absence of comments supporting the 
deletion, the sentence is reinstated, with appropriate revisions.
The amendment is adopted under Texas Civil Statutes, Article 1446c, sec.16(a), 
which provide the Public Utility Commission of Texas with the authority to make 
and enforce the rules reasonably required in the exercise of its powers and 
jurisdiction.
sec.23.12. Financial Records and Reports.
(a) Uniform system of accounts. Every public utility shall keep uniform accounts 
as prescribed by the commission of all business transacted. The classification 
of utilities, index of accounts, definitions, and general instructions 
pertaining to each uniform system of accounts as amended from time to time shall 
be adhered to at all times, unless provided otherwise by these rules, or 
specifically permitted by the commission.
(1) Classification. For the purposes of accounting and reporting to the 
commission, each public utility shall be classified as follows.
(A) Telephone utilities.
(i) Class A: utilities with annual regulated operating revenues exceeding $100 
million.
(ii) Class B: utilities with annual regulated operating revenues less than $100 
million.
(B) Electric utilities.
(i) Major: utilities that had in each of the last three consecutive years sales 
or transmission service that exceeded any one or more of the following:
(I) one million megawatt-hours of total sales;
(II) 100 megawatt-hours of sales for resale;
(III) 500 megawatt-hours of gross interchange out; or
(IV)  500 megawatt-hours of wheeling for others (deliveries plus losses).
(ii) Nonmajor: utilities that are not classified as "major" as defined in this 
subparagraph.
(2) System of accounts. For the purpose of accounting and reporting to the 
commission, each public utility shall maintain its books and records in 
accordance with the following prescribed uniform system of accounts.
(A) (No change.)
(B) Electric utilities.
(i) Major: uniform system of accounts as adopted and amended by the Federal 
Energy Regulatory commission for major utilities or other commission- approved 
system of accounts as will be adequately informative for all regulatory 
purposes.
(ii) Nonmajor: uniform system of accounts as adopted and amended by the Federal 
Energy Regulatory commission for nonmajor utilities or other commission-approved 
system of accounts as will be adequately informative for all regulatory 
purposes.
(C)-(D) (No change.)
(3)-(4) (No change.)
(b) Financial and operating reports. The following financial and operating 
reports shall be filed with the commission.
(1) Annual reports.
(A) Telephone utilities: Each Class A and B telephone utility shall file with 
the commission the same annual report as is required of such utility by the 
Federal Communications commission or United States Department of Agriculture-
Rural Electrification Administration. Such annual reports shall be filed on the 
same dates as required to be filed by the Federal Communications commission or 
the United States Department of Agriculture-Rural Electrification 
Administration, whichever is applicable.
(B) Electric utilities.
(i) Each major electric utility shall file with the commission the same annual 
report required by the Federal Energy Regulatory commission or United States 
Department of Agriculture-Rural Electrification Administration. Such annual 
reports shall be filed with the commission on the same dates as required to be 
filed by the Federal Energy Regulatory commission or United States Department of 
Agriculture-Rural Electrification Administration, whichever is applicable. Major 
electric utilities which are not required to file such reports shall file with 
the commission an annual report on the form prescribed by the Federal Energy 
Regulatory commission.
(ii) Each nonmajor electric utility shall file with the commission the same 
annual report as is required of such utility by the Federal Energy Regulatory 
commission or United States Department of Agriculture-Rural Electrification 
Administration. Such annual reports shall be filed with the commission on the 
same dates as required to be filed by the Federal Energy Regulatory commission 
or United States Department of Agriculture-Rural Electrification Administration, 
whichever is applicable.
(C) Each utility holding company subject to annual reporting to the Securities 
and Exchange commission and each utility shall file with the commission three 
copies of its annual report to shareholders, customers, or members. Unless 
included in the annual report to shareholders, customers, or members, each 
utility shall file concurrently with the filing of such report three copies of 
any audited financial statements that may have been prepared on its behalf.
(2) Semi-annual and annual earnings reports. Each utility shall file with the 
commission an earnings report providing the information required by the 
commission to enable it to properly monitor telephone and electric utilities 
within the state. Each utility shall report information related to 12 months of 
operations as specified in the instructions to the reports. Each utility shall 
file three copies of the commission-prescribed earnings report and shall 
electronically transmit one copy of the report no later than the dates 
prescribed in sec.23.11 of this title (relating to General Reports).
(A) Telephone utilities.
(i) Investor-owned utilities. Each investor-owned telephone utility shall file 
earnings reports on a semi-annual and annual basis.
(ii) (No change.)
(B) Electric utilities.
(i) Investor-owned utilities. Each investor-owned electric utility shall file 
earnings reports on a semi-annual and annual basis.
(ii) (No change.)
(3) Securities and exchange commission reports. Each utility and utility holding 
company subject to reporting requirements of the Securities and Exchange 
Commission shall file three copies of each required report with the commission. 
Three copies of each such report including 10-Ks, 10-Qs, 8-Ks, annual reports, 
and registration statements filed with the Securities and Exchange Commission 
shall be submitted to the commission no later than 15 days from the initial 
filing date with the Securities and Exchange Commission.
(4) Duplicate Information. A utility shall not be required to file with the 
commission forms or reports which duplicate information already on file with the 
commission.
(c)-(d) (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 February 25, 1992.
TRD-9202782
Mary Ross McDonald
Secretary of the Commission
Public Utility Commission of Texas
Effective date: March 17, 1992
Proposal publication date: September 27, 1991
For further information, please call: (512) 458-0100
       
Customer Service and Protection
16 TAC sec.23.56
The Public Utility Commission of Texas adopts an amendment to sec.23.56, 
concerning the components of the dual-party relay service, with changes to the 
proposed text as published in the November 29, 1991, issue of the Texas Register  
(16 TexReg 6896).
The section provides for the establishment of a statewide telecommunications 
dual-party relay service (DPRS) for the hearing-impaired and speech-impaired 
using special equipment such as telecommunications devices for the deaf (TDDs), 
computers, and operator translations. The section requires that the DPRS provide 
interstate service while reimbursement through the universal service fund (USF) 
is allowed for interstate service. The section also sets out a detailed 
methodology for separating intrastate and interstate costs and for calculating 
intrastate and interstate assessments.
The following submitted comments in response to the November 29, 1991, Texas 
Register publication: Texas Exchange Carrier Association (TECA); Southwestern 
Bell Telephone Company (SWBT); Texas Telephone Association (TTA); Central 
Telephone Company of Texas (Centel); and an individual from Hickory Creek, 
Texas. Centel concurred with the comments of TTA.
SWBT, TTA, Centel, and the individual expressed their support of the proposed 
amendment to provide full interstate calling capability to the hearing impaired. 
The individual emphasized the fact that under the current system, "[c] 
ommunications parity is not being achieved...because while the caller can call 
out, return calls from the other party from another state cannot be made." He 
cited three negative ramifications of this, specifically: the potential for 
life-threatening situations; the inability for business people to efficiently 
conduct business outside of the state; and the inability for doctors and other 
professionals who may be located out-of-state to communicate with their clients.
In its comments SWBT expressed support for the "temporary" funding of interstate 
relay service by the USF. SWBT, TTA, and Centel supported the proposed 
methodology for separating interstate and intrastate costs, with some 
modifications. The proposed amendments provide for the recovery of relay service 
expenses incurred by the administrator of the USF (the administrator) and the 
commission for the interstate and intrastate jurisdictions according to an 
allocation of these expenses based on the ratio of intrastate or interstate 
calls to total calls. Many of the parties contended that any expenses incurred 
by the administrator or the commission that can be separately identified as 
specific to the provision of the interstate or intrastate portion of the relay 
service should be directly assigned to the cost of that service and not 
allocated based on calling patterns.
SWBT stated that while it believes that, in general, the method of allocating 
the expenses incurred by the administrator in proposed subsection (h)(1)(A)(ii) 
and (h)(1)(B)(ii) (now subsection (h)(1)(A)(iii) and (h)(1)(B)(iii)) is "fair 
and equitable", any expenses incurred by the commission and the administrator 
specifically for the provision of interstate service should be allocated totally 
to the cost of that portion of the service.
In particular, SWBT points out that the expenses which will be incurred by the 
administrator to implement the interstate assessment process should be assigned 
fully to the cost of interstate service: "To allocate these expenses based upon 
the ratio of interstate calls to total calls, overburdens the intrastate portion 
of the service and ultimately the customers of the local exchange carriers 
(LECs). LEC ratepayers should not be expected to pay for over 90% of the cost of 
implementing interstate relay service."
Similarly, TTA and Centel supported the methodology proposed, provided that 
expenses incurred by the administrator that can be identified as specific to the 
provision of interstate or intrastate service are assessed accordingly. TTA 
recommended the addition of clarifying language in proposed subsection (h)(1)(A) 
(ii) and (h)(1)(B)(ii) (now subsection (h)(1)(A)(iii) and (h)(1)(B)(iii)), to 
allow for the recovery of 100% of any and all costs that can be specifically 
attributed to the start-up and provisioning of a portion of the service from the 
proper jurisdiction. TTA stated that while the commission staff has not 
indicated any intent to pass through any portion of specifically identifiable 
expenses to the wrong entity, this should be clearly stated in the rule to 
alleviate any possible ambiguity.
TECA, the current administrator of the USF, indicated that it has the capability 
to identify the precise costs it incurs in the administration of interstate and 
intrastate relay service. Furthermore, "percentages may not properly reflect the 
jurisdictional costs incurred by TECA." To address this, TECA recommended 
modifications to subsection (h)(1)(A) and (h)(1)(B), which would allow for the 
specific identification and recovery of intrastate and interstate costs incurred 
by the administrator.
The commission agrees with the parties that any costs incurred that can be 
specifically attributed to the provision of intrastate or interstate service 
should be allocated totally to the cost of that portion of the service. In 
particular, all expenses that can be separately identified as being associated 
with the implementation of interstate service will be fully assigned to the cost 
of the interstate portion of the service. The commission has added language into 
subsection (h)(1)(A)(i) and (h)(1)(B)(i) that will allow for the direct 
assignment of implementation expenses, where possible, to the proper portion of 
the service. Since TECA has indicated that it is able to separately identify 
costs incurred in the ongoing provision of the service, the commission has 
incorporated language similar to that suggested by TECA into subsection 
(h)(1)(A) (iv) and (h)(1)(B)(iv). While the commission may be able to separately 
identify its costs associated with the start-up of interstate service, the 
commission lacks TECA's capability to distinctly identify the costs associated 
with the provision of the interstate and intrastate portions of the relay 
service on an ongoing basis. Thus, with the exception of any separately 
identifiable implementation costs, the commission will allocate its expenses to 
the intrastate and interstate costs of the relay service based on the ratio of 
intrastate and interstate calls to total calls.
TECA emphasized that interstate data and funds should not be commingled with the 
existing intrastate relay program. To this effect, TECA proposed the issuance of 
separate interstate billing statements and the separate receipt of interstate 
and intrastate funds. TECA pointed out that separate accounting will facilitate 
a smooth transfer of funds and records when an interstate funding mechanism is 
set in place by the Federal Communications Commission (FCC). TECA suggested the 
addition of language to subsection (d)(3), concerning scope of the dual-party 
relay service, to ensure that, "Interstate records and funds will at no time be 
commingled with intrastate."
The commission recognizes TECA's concern and agrees that separate accounts will 
ease the transition to the interstate funding system to be set up by the FCC. 
The commission has modified the language proposed by TECA to provide for 
separate funds and records for the interstate and intrastate portions of the 
service and inserted it into subsection (d)(3).
Regarding the LEC intrastate assessment calculations, the commission proposed a 
change to subsection (h)(4), concerning division of LEC assessment among LECs. 
The new language paralleled that used to describe the calculation of assessments 
to other telecommunications utilities. The change would not have altered the 
amount of the individual LEC assessment percentages. TECA commented that it 
believed this change would require revisions to the TECA billing programs and 
reports. TECA estimated it would take three weeks to implement and test the 
revisions, with an approximate cost of $4,000. Because of this cost impact, TECA 
recommended that the existing LEC intrastate assessment calculation remain 
essentially unchanged, with some minor modifications and proposed language to 
this effect.
The commission proposed this revision in order to bring the language used to 
describe the LEC assessment methodology into parity with that used for other 
telecommunications utilities. While the proposed revision may appear to change 
the assessment methodology, the actual calculation used to determine assessments 
to each LEC remains the same. The language merely describes the LEC assessment 
methodology in such a way as to mirror that used for assessments to other 
telecommunications utilities. Thus, TECA will not be required to make any 
changes to their programs or reports; it may continue to use the same 
procedures, programs, and reports currently used to calculate the LEC 
assessments.
Additionally, TECA pointed out that presently, the LECs do not furnish TECA with 
interstate local switching access minutes of use (MOUs). Since the proposed 
revisions to the rule require that interstate assessments be made based on 
interstate local switching MOUs, but do not add the requirement that LECs 
provide TECA with this information, TECA suggested language to be added to 
subsection (h)(6)(A), relating to the interstate assessment procedure for other 
telecommunications utilities, which would require that LECs report interstate 
local switching access MOUs to TECA.
The commission concurs with TECA in that the rule should require LECs to supply 
this information, and has adopted TECA's suggested language in subsection 
(h)(6)(D). Additionally, in subsection (h)(5)(D), the commission has added the 
requirement that LECs supply TECA with monthly reports showing intrastate local 
switching access MOU. Although this requirement is set forth in sec.23.53, 
concerning universal service fund, it has not previously been included in 
sec.23. 56.
TECA indicated that it would take approximately eight weeks to implement and 
thoroughly test interstate DPRS programs. In addition, the programmer to be 
hired must be notified three weeks in advance. To address this concern, the 
commission has factored in an implementation period during which the 
administrator and the DPRS carrier will be able to set up for the provision of 
interstate service. A date certain of May 1, 1992, by which the DPRS carrier 
must begin providing full interstate capability, has been added to subsection 
(d) (2)(K). This period will give the parties sufficient time to implement any 
modifications necessary to provide interstate service and develop appropriate 
administrative procedures.
TECA commented on several other items for consideration, specifically: the 
necessity of amending the TECA/PUC contract to address the interim 
administration of interstate DPRS billing by TECA; a recommendation that the 
interim interstate billing performed by TECA be audited by a firm appointed by 
the commission; the handling of implementation costs of the interstate service 
incurred by TECA prior to the issuance of interstate billing; and whether TECA 
will be required to publish interstate DPRS administrative procedures.
The commission will consider amending the TECA/PUC contract to address the 
interim administration of interstate DPRS billing and whether TECA will be 
required to issue interstate DPRS Administrative Procedures separately from this 
proceeding. Section 23.53, the universal service fund, provides for the annual 
audit of the USF administrator. At the time the commission executes the USF 
audit contract, it will take into consideration TECA's recommendation regarding 
an audit of the interim interstate DPRS billing performed by TECA. Expenses 
incurred for the implementation or provision of the interstate relay service may 
not be submitted prior to the May 1992 report due date established by the 
administrator of the USF. The commission has added language to this effect to 
subsection (g)(4) of the rule.
The amendment is adopted under Texas Civil Statutes, Article 1446c, sec.16(a), 
which provide the Public Utility Commission of Texas with the authority to make 
and enforce the rules reasonably required in the exercise of its powers and 
jurisdiction.
sec.23.56. Statewide Dual-Party Relay Service.
(a)-(c) (No change.)
(d) Dual-party relay service. The dual-party relay service shall provide the 
hearing-impaired and speech-impaired with access to the telecommunications 
network in Texas equal to that provided other customers.
(1) (No change.)
(2) Components of the dual-party relay service. The dual-party relay service 
shall consist of the following:
(A)-(I)  (No change.)
(J) capability for callers to be able to place calls through the dual-party 
relay service from locations other than their primary location and utilize 
alternate billing arrangements;
(K) capability of providing both inbound and outbound interstate service, to 
begin on or before May 1, 1992, except as provided in paragraph (3) of this 
subsection; and
(L) other service enhancements proposed by the relay service carrier and 
approved by the commission.
(3) Scope of the dual-party relay service. The interstate service capability set 
forth in paragraph (2)(K) of this subsection shall be required as a component of 
the dual-party relay service only while reimbursement through the universal 
service fund is allowed for interstate service. The cost of providing interstate 
service will be reimbursed through the universal service fund until the earlier 
of July 26, 1993, or the time when the hearing-impaired or speech-impaired in 
Texas are provided interstate service through a service other than the statewide 
dual-party relay service. However, if federal funding is made available to the 
universal service fund for the purpose of funding the interstate service, the 
dual-party relay service may continue to provide interstate service after July 
26, 1993. Separate funds and records therefore shall be maintained for the 
intrastate and interstate portions of the service.
(4) Rates and charges. The following rates and charges shall apply to the dual-
party relay service.
(A)-(B) (No change.)
(C)  Interstate long distance charges. The rates for interstate service provided 
to users of the dual-party relay service shall be set by contract between the 
commission and the relay service carrier. The calling or called party shall bear 
one-half of the total charges established by this contract.
(D) Access charges. Local exchange carriers shall not impose access charges on 
calls that make use of this service and which originate and terminate within the 
same toll-free local calling scope.
(E) Billing and collection services. Upon request by the relay service carrier, 
local exchange carriers shall provide billing and collection services in support 
of this service at just and reasonable rates.
(e)-(f) (No change.)
(g) Recovery of costs through the universal service fund.
(1) The relay service carrier will be reimbursed from the universal service fund 
for the costs of the service that are not paid by the calling or the called 
party. These costs may include a return on the investment required to provide 
the service and the cost of unbillable and uncollectible calls placed through 
the service, provided that the cost of unbillable and uncollectible calls shall 
be subject to a reasonable limitation as determined by the commission, based on 
recommendations made by commission staff after reviewing such costs that are 
submitted for reimbursement. The relay service carrier shall submit a monthly 
report to the commission justifying its claims for reimbursement under the 
contract. Upon approval by the commission, the universal service fund 
administrator as defined by sec.23.53(c)(1)(A) of this title (relating to 
universal service fund) shall make a disbursement in the approved amount.
(2)-(3) (No change.)
(4) Expenses incurred for the implementation and provision of interstate relay 
service, as provided in subsection (d)(2)(K) of this section, may not be 
submitted prior to the May 1992 report due date established by the 
administrator.
(h) Universal service fund assessment.
(1) Cost of the service.
(A) The cost of the intrastate portion of the service is the sum of:
(i) any separately identifiable start-up expenses incurred in the implementation 
of the intrastate portion of the service;
(ii) the amount paid to the relay carrier for the provision of intrastate calls 
based on the contracted rate per minute of service;
(iii) an allocated portion of the expenses incurred by the commission based on 
the ratio of intrastate calls to total calls, such ratio to be calculated 
annually at the same time that the commission reviews the assessment 
percentages;
(iv)  the expenses incurred by the administrator on behalf of the commission for 
the provision of the intrastate portion of the service; and
(v)  any amount established as a reserve for such contingencies as late payments 
and uncollectibles.
(B) The cost of the interstate portion of the service is the sum of:
(i) any separately identifiable start-up expenses incurred in the implementation 
of the interstate portion of the service;
(ii) the amount paid to the relay carrier for the provision of interstate calls 
based on the contracted rate per minute of service;
(iii)  an allocated portion of the expenses incurred by the commission based on 
the ratio of interstate calls to total calls, such ratio to be calculated 
annually at the same time that the commission reviews the assessment 
percentages;
(iv) the expenses incurred by the administrator on behalf of the commission for 
the provision of the interstate portion of the service; and
(v) any amount established as a reserve for such contingencies as late payments 
and uncollectibles.
(2) Funding for the intrastate portion of the service. The cost of the 
intrastate portion of the service shall be assessed to local exchange carriers 
(LECs) and other telecommunications utilities based on the "assessment 
percentages" established in subparagraph (A) of this paragraph. As used herein, 
the term assessment percentages means the proportion of the intrastate dual-
party relay service cost which is to be recovered from the LECs and the 
proportion which is to be recovered from other telecommunications utilities.
(A) In setting the appropriate intrastate assessment percentages for funding of 
the intrastate portion of the service, the commission shall consider the 
aggregate calling pattern of the users of the intrastate portion of the service.
(i) The intrastate assessment percentage assigned to the LECs will be based on:
(I) local calls completed through the relay service; and
(II) a share of the intrastate toll calls completed through the relay service 
that represents the LECs' carriage of intraLATA toll calls.
(ii)  The intrastate assessment percentage assigned to other telecommunications 
utilities will be based on a share of the intrastate toll calls completed 
through the relay service that represents the other telecommunications 
utilities' carriage of intrastate toll calls.
(B)  The commission shall review the assessment percentages annually and adjust 
the assessment percentages as found appropriate hereunder. Notification of the 
new assessment percentages will be made by publishing such assessment 
percentages in the  Texas Register. The commission staff will notify the 
administrator of the universal service fund of the new assessment percentages.
(3) Funding for the interstate portion of the service. One hundred percent of 
the cost of the interstate portion of the service shall be assessed to other 
telecommunications utilities.
(4) Division of LEC assessment among LECs.
(A) The administrator shall establish an assessment rate to apply to LECs. This 
rate shall be calculated by dividing the cost assessed to LECs as set forth in 
paragraph (2) of this subsection for the current period by the total number of 
basic local service access lines as of December 31 of the previous year.
(B) The assessment to each LEC shall be the number of that LEC's basic local 
service access lines as of December 31 of the previous year multiplied by the 
LEC assessment rate for the period.
(5) Division of other telecommunications utilities' intrastate assessment among 
other telecommunications utilities.
(A) The Administrator shall establish an intrastate assessment rate to apply to 
other telecommunications utilities. This rate shall be calculated by dividing 
the cost assessed to other telecommunications utilities as set forth in 
paragraph (2) of this subsection for the current period by the total intrastate 
local switching access minutes of use (MOU) as set forth in subparagraph (B) of 
this paragraph for the current period.
(B) Intrastate local switching access MOU are all minutes for which 
telecommunications utilities are billed the local switching rate element (e.g., 
LS1, LS2) from the LEC's intrastate access service tariff. These minutes shall 
include sent paid, sent collect, and originating 800 service. For services not 
billed the local switching rate element, intrastate local switching access MOU 
will be the assumed MOU as defined in the LEC's intrastate access service tariff 
multiplied by the number of intrastate voice grade equivalents billed to that 
telecommunications utility.
(C) The intrastate assessment to each other telecommunications utility shall be 
the amount of that utility's intrastate access MOU multiplied by the intrastate 
assessment rate for the period.
(D) LECs shall submit monthly reports to the administrator showing intrastate 
local switching access MOU for other telecommunications utilities.
(6) Division of other telecommunications utilities' interstate assessment among 
other telecommunications utilities.
(A) The administrator shall establish an interstate assessment rate to apply to 
other telecommunications utilities. This rate shall be calculated by dividing 
the cost assessed to other telecommunications utilities as set forth in 
paragraph (3) of this subsection for the current period by the total interstate 
local switching access minutes of use (MOU) as set forth in subparagraph (C) of 
this paragraph for the current period.
(B) Interstate local switching access MOU are all minutes for which 
telecommunications utilities are billed the local switching rate element (e.g., 
LS1, LS2) from the LEC's interstate access service tariff. These minutes shall 
include sent paid, sent collect, and originating 800 service. For services not 
billed the local switching rate element, interstate local switching access MOU 
will be the assumed MOU as defined in the LEC's interstate access service tariff 
multiplied by the number of interstate voice grade equivalents billed to that 
telecommunications utility.
(C) The interstate assessment to each other telecommunications utility shall be 
the amount of that utility's interstate access MOU multiplied by the interstate 
assessment rate for the period.
(D) LECs shall submit monthly reports to the administrator showing interstate 
local switching access MOU for other telecommunications utilities.
(i)-(m) (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 February 25, 1992.
TRD-9202788
Mary Ross McDonald
Secretary of the commission
Public Utility commission of Texas
Effective date: March 17, 1992
Proposal publication date: November 29, 1991
For further information, please call: (512) 458-0100
       
TITLE 19. EDUCATION
Part II. Texas Education Agency
Chapter 75. Curriculum
Subchapter E. Well-Balanced Curriculum
19 TAC sec.75.141
The Texas Education Agency adopts an amendment to sec.75.141, concerning well 
balanced curriculum, without changes to the proposed text as published in the 
November 26, 1991, issue of the  Texas Register (16 TexReg 6842). The section is 
being amended to comply with Senate Bill 608, 72nd Legislature, Regular Session, 
requirements that school districts with existing prekindergarten programs comply 
with applicable Texas Department of Human Services' minimum standards for child 
care facilities. The bill requires that districts with existing prekindergarten 
programs comply with the applicable standards by September 1, 1994. Districts 
with new prekindergarten programs must comply with the requirements as of 
September 1, 1991.
Justification for the amendment will be compliance with Senate Bill 608, 72nd 
Legislature, Regular Session, requirements that school districts with existing 
prekindergarten programs comply with applicable Texas Department of Human 
Services' minimum standards for child care facilities.
The amendment will function by providing policy guidelines that help school 
districts ensure compliance with applicable child care licensing standards.
Comments were received regarding adoption of the amendment from various school 
districts and associations. A description of these comments and the agency's 
responses follow. No changes were made as a result of these comments.
Comment: Cypress-Fairbanks ISD requested clarification whether the proposed 
rules in subsection (g)(3)(J)(v) regarding safety standards would put undue 
limitations on indoor play areas which are used during bad weather.
Response: No change was made as a result of the comment because the rule text 
specifically states the safety requirements for play areas and the agency does 
not consider them to place undue limitations on indoor play areas.
Comment: Austin ISD expressed concern that some of the standards will require 
additional purchases of equipment; additional employee instruction; and 
renovations of buildings, and may have cost implications for local school 
districts.
Response: The agency responded by letter to the district explaining the 
anticipated costs related to these areas. In general, the agency believes that 
the cost implications are considered minimal for the implementation of health, 
safe, quality prekindergarten programs. In each case, there may be more than one 
appropriate way to adhere to the standard without substantial cost. It would be 
difficult to consider any prekindergarten program adequate without such minimal 
attention to the physical needs of three- and four-year-old children.
Comment: The Texas Association of School Administrators expressed the following 
concerns: In subsection (g)(3)(B) who may serve as a director of the facility?
Response: The director need not be an additional staff person; a teacher or 
principal might serve as the director.
Comment: In subsection (g)(3)(C) would districts be required to have several 
staff members on campus that meet the state qualifications?
Response: Only one person per campus would be required to be certified in first 
aid and CPR at a cost of $15-20 per campus for each certification.
Comment: In the same subsection, the requirements for establishing procedures 
and rules for emergency release of students will require staff time and 
paperwork at additional district expense.
Response: Emergency release procedures are essential to ensure the safety of 
young children. THe lack of such safeguards would make school districts legally 
vulnerable.
Comment: In subsection (g)(3)(D) who will train school district employees on 
child care standards?
Response: Districts will provide child care training just as training is 
provided to other grade level personnel to ensure effective programming. 
Training could be arranged to be provided by an outside source.
Comment: Is a staff/child ratio of 1:1 required in clause (g)(3)(E)(iii)?
Response: Aides are considered staff members. The information obtained regarding 
each child's needs will be invaluable in readying children for school learning. 
This clause does not imply that a 1:1 teacher/student ratio is required.
Comment: subsections (g)(3)(F)-(J) seem to imply costs for school districts.
Response: Quality prekindergarten programs must provide equipment and 
furnishings that are developmentally appropriate and adequate.
Comment: Subsection (g)(3)(K) seems to imply that all school districts offering 
a three-year-old prekindergarten program must have a fenced play yard.
Response: The standards on sanitation, safety, and animals are minimal to help 
ensure keeping children from physical harm. The standard regarding animals does 
not require fencing.
Comment: The requirement of a rest period in subsection (g)(3)(L) will limit the 
time of instruction in a three-hour program.
Response: The standard providing a rest period is for those children who are in 
a full-day program.
Comment: The standard on discipline and guidance in subsection (g)(3)(M) should 
remain a local option between the school districts and parents. It is 
appropriate that the state dictate discipline policy?
Response: The state has the responsibility to ensure that all children are 
treated in a humane and appropriate manner. Furthermore, to ensure compliance 
with the Texas Family Code statutes related to child abuse the minimal standards 
are appropriate.
Comment: How can schools realistically clean and disinfect clothing on a daily 
basis, as required in subsection (g)(3)(N)?
Response: Cleanliness of bedding and diaper changing procedures are minimal to a 
health environment and do not require cleaning and disinfecting clothing, only 
the area where diapers are changed. Existing programs' failure to respond to 
these requirements would be irresponsible.
Comment: Houston ISD requested clarification whether the standards were 
applicable to campuses or classrooms; toilet facilities inside each classroom; 
the effect on the staff/pupil ration.
Response: The standards are applicable to campuses, not to specific classrooms. 
Therefore, toileting facilities are not required to be inside each classroom. 
The manner in which staff are deployed throughout various prekindergarten 
classrooms to ensure learning is a local decision. The use of trained volunteers 
may substantially reduce program costs and increase parent and community 
involvement in prekindergarten programs.
Comment: Sorocco IDS expressed concerns about the costs for additional 
individuals trained in CPR and the development and implementation of emergency 
release plans.
Response: The cost of first aid and CPR certification is approximately $15-20 
per person certificate. Other persons on campus could be certified to ensure 
that someone would be present in case of an emergency. If local procedures for 
emergency release of children by parent to a stranger verify the in formation 
listed in the standard, then the local procedures meet the standard and 
additional procedures are not required. The standard is essential, however, to 
ensure the safety of those children in school districts that may not have such a 
procedure.
Comment: The State Board Liaison for Region IV Education Service Center 
supported the standards but submitted cost data for existing programs to ensure 
that the agency was aware of the costs associated with implementing the 
standards.
Response: The agency is aware that staffing and facilities are cost concerns for 
school districts; however, in order to provide developmentally appropriate 
prekindergarten programs, child/staff ratio and furnishings and equipment should 
be appropriate to the ages of the children.
The amendment is adopted under the Texas Education Code,  sec.21.136, as amended 
by Senate Bill 608, 72nd Legislature, Regular Session, which directs the State 
Board of Education to adopt rules for providing coordination between public 
school prekindergarten programs and child care licensing facilities.
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 February 17, 1992.
TRD-9202758
Criss Cloudt
Director, Policy Planning and Evaluation
Texas Education Agency
Effective date: March 17, 1992
Proposal publication date: November 26, 1991
For further information, please call: (512) 463-9701
       
Chapter 89. Adaptations for Special Populations
Subchapter B. Remedial and Compensatory Instruction
19 TAC sec.89.41
The Texas Education Agency (TEA) adopts an amendment to  sec.89.41 concerning 
remedial and compensatory instruction, without changes to the proposed text as 
published in the December 13, 1991, issue of the Texas Register  (16 TexReg 
7151). The section is being amended at the request of the State Board of 
Education to incorporate the principles of accelerated learning as the goal of 
compensatory and remedial programs.
Justification for the amendment will be implementation of the principles of 
accelerated learning as the goal of compensatory and remedial programs.
The amendment will function by clearly delineating in state policy the goals and 
school district responsibilities relative to state compensatory education 
programs.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Texas Education Code,  sec.21.557, which 
provides the State Board of Education with the authority to adopt standards for 
school districts compensatory and remedial instructional programs.
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 February 17, 1992.
TRD-9202756
Criss Cloudt
Director, Policy Planning and Evaluation
Texas Education Agency
Effective date: March 17, 1992
Proposal publication date: December 13, 1991
For further information, please call: (512) 463-9701
       
Chapter 137. Teacher Education
Subchapter M. 1987 Program Requirements for Preparation of School Personnel for 
Initial Certificates and Endorsements
19 TAC sec.137.559
The Texas Education Agency (TEA) adopts an amendment to  sec.137.559 concerning 
endorsements, without changes to the proposed text as published in the December 
13, 1991, issue of the  Texas Register (16 TexReg 7151). The amendment deletes 
the use of the Language Proficiency Instrument (LPI) to assess oral proficiency 
of persons seeking a bilingual endorsement, and removes the requirement to take 
the College Level Examination Program (CLEP) Test for assessing written 
proficiency in Spanish for bilingual teachers. It is the contention of the 
agency that to some extent, the skills measured on the CLEP Text overlap those 
on the Examination for the Certification of Educators in Texas (ExCET) Bilingual 
Test. In addition, the State Board of Education recently adopted the Texas Oral 
Proficiency Test (TOPT) for assessing oral proficiency of persons who will teach 
Spanish or French as another language and who use Spanish in a bilingual 
classroom setting.
Justification for the amendment will be the consolidation of testing instruments 
for measuring the oral proficiency of teachers providing instruction in Spanish, 
and the elimination of duplicate testing requirements currently in effect.
The amendment will function by measuring the oral proficiency of all teacher who 
use Spanish in the classroom by the same test, and eliminating the duplication 
of skills testing by deleting the requirement for the CLEP Test.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Texas Education Code,  sec.13.031(c), which 
provides the State Board of Education with the authority to adopt rules under 
which the Commission on Standards for the Teaching Profession shall recommend 
standards for teacher education and certification for certified personnel in 
public school districts operating elementary and/or secondary schools.
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 February 17, 1992.
TRD-9202757
Criss Cloudt
Director, Policy Planning and Evaluation
Texas Education Agency
Effective date: March 17, 1992
Proposal publication date: December 13, 1991
For further information, please call: (512) 463-9701
       
TITLE 22. EXAMINING BOARDS
Part II. State Board of Barber Examiners
Chapter 51. Practice and Procedure
The Board
22 TAC sec.51.1
The State Board of Barber Examiners adopts an amendment to sec.51.1, concerning 
the schedule of regular meetings and examinations, without changes to the 
proposed text as published in the January 3, 1992, issue of the Texas Register  
(17 TexReg 19).
The amendment provides that the board shall conduct regular meetings quarterly 
on the Tuesday following examinations.
The amendment provides reduced expenses for the conduct of board business.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202640
Jo King McCorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
Barber Colleges, Schools, and Students
22 TAC sec.51.12
The State Board of Barber Examiners adopts an amendment to sec.51.12, concerning 
inspection of a new barber school or college, without changes to the proposed 
text as published in the January 3, 1992, issue of the Texas Register  (17 
TexReg 19).
The amendment provides for more convenient inspections at times when two of the 
four qualified board members may not be available and students will be able to 
enroll at an earlier time.
New schools will be able to operate sooner and students will be allowed to begin 
schooling earlier.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202641
Jo King McCorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.13
The State Board of Barber Examiners adopts an amendment to sec.51.13, concerning 
inspection of barber school or college when ownership changes, without changes 
to the proposed text as published in the January 3, 1992, issue of the Texas 
Register (17 TexReg 19).
The amendment provides for more convenient inspections at times when two of the 
four qualified board members may not be available.
New owners of schools will be able to operate sooner and students can resume 
training.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202642
Jo King McCorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.14
The State Board of Barber Examiners adopts an amendment to sec.51.14, concerning 
hours and days schools or colleges are open, without changes to the proposed 
text as published in the January 3, 1992, issue of the Texas Register  (17 
TexReg 20).
The amendment calls for information needed in the board office to be able to 
contact the owner or manager of a school or college.
The board will have the information available to interested callers.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202643
Jo King McCorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.15
The State Board of Barber Examiners adopts an amendment to sec.51.15, concerning 
barber chairs per student, without changes to the proposed text as published in 
the January 3, 1992, issue of the Texas Register (17 TexReg 20).
The amendment make sure each student has a chair for practice.
This will provide quicker service to customers.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202644
Jo King McCorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.16
The State Board of Barber Examiners adopts an amendment to sec.51.16, concerning 
equipment for students, without changes to the proposed text as published in the 
January 3, 1992, issue of the Texas Register (17 TexReg 20).
The amendment changes some language to make the rule more effective and updates 
required and optional equipment.
The students will have necessary equipment to provide advertised services.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202645
Jo King McCorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.17
The State Board of Barber Examiners adopts an amendment to sec.51.17, concerning 
specialty equipment in barber school or college, without changes to the proposed 
text as published in the January 3, 1992, issue of the Texas Register (17 TexReg 
21).
The amendment adds needed items to school or college equipment.
The amendment will provide safety and protection of the public.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202646
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.19
The State Board of Barber Examiners adopts an amendment to sec.51.19, concerning 
absence of teachers without changes to the proposed text as published in the 
January 3, 1992, issue of the Texas Register (17 TexReg 21).
The amendment for change of wording is for stricter enforcement.
The amendment will make sure students are supervised by a licensed teacher.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provides the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202647
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.20
The State Board of Barber Examiners adopts an amendment to sec.51.20, concerning 
applications for enrollment in barber school or college, without changes to the 
proposed text as published in the January 3, 1992, issue of the Texas Register 
(17 TexReg 21).
The amendment for change of wording is for stricter enforcement. The addition of 
doctor of osteopathic medicine is to comply with changes in the barber law made 
by the 71st Legislature, 1989.
The updating of records will be of benefit to the public.
No comments were received regarding adoption of the amendments.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202648
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.21
The State Board of Barber Examiners adopts amendments to  sec.51.21, concerning 
deadline for enrollment applications to be in the office, without changes to the 
proposed text as published in the January 3, 1992, issue of the Texas Register 
(17 TexReg 21).
The amendment for change of wording is for stricter enforcement.
After requirements of sec.51.20 have been met and the enrollment information has 
been received, a student certificate with picture is mailed to the school. 
Customers will know that a student has been approved to study and practice 
barbering in the school.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202649
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.22
The State Board of Barber Examiners adopts an amendment to sec.51.22, concerning 
the first day a student attends barber school, without changes to the proposed 
text as published in the January 3, 1992, issue of the Texas Register  (17 
TexReg 21).
The amendment for a change of wording is to be specific about the first date of 
enrollment.
Customers will know how long a student has been enrolled in a course of study 
and practice when the student certificate is displayed.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28a, 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202650
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.25
The State Board of Barber Examiners adopts an amendment to sec.51.25, concerning 
reenrollment of a student in the same school or transfer from another school, 
without changes to the proposed text as published in the January 3, 1992, issue 
of the Texas Register (17 TexReg 22).
The amendment by a change of wording shows a better picture of what actually 
takes place, especially when students transfer from one school to another.
There will be current information on the student certificate displayed at the 
student's work station.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202651
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.26
The State Board of Barber Examiners adopts an amendment to sec.51.26, concerning 
student progress reports, without changes to the proposed text as published in 
the January 3, 1992, issue of the Texas Register (17 TexReg 22).
The amendment changes wording and adds a provision for computer printouts 
instead of handwritten or typed reports.
School owners who are already using computers will save time and the reports 
could be mailed to the office sooner.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202652
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.27
The State Board of Barber Examiners adopts the repeal of  sec.51.27, concerning 
deduction or increase of hours for barber students, without changes to the 
proposed text as published in the January 3, 1992, issue of the Texas Register  
(17 TexReg 22).
The repeal is on the advice of the attorney general's office that destruction of 
a student's record is contrary to the provisions of the Texas Record Act.
Students will not be deprived of the time and expense spent in barber school.
No comments were received regarding adoption of the repeal.
The repeal is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202624
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.29
The State Board of Barber Examiners adopts an amendment to sec.51.29, concerning 
curriculum for each course taught in barber schools, without changes to the 
proposed text as published in the January 3, 1992, issue of the Texas Register 
(17 TexReg 22).
The amendment is to comply with Senate Bill 430 passed by the legislature in 
1991.
The curriculum may have more diversity as submitted by the school 
owners/teachers and the students would be able to provide more services to the 
public.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202625
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.35
The State Board of Barber Examiners adopts an amendment to sec.51.35, concerning 
services that may be given by a barber's technician, without changes to the 
proposed text as published in the January 3, 1992, issue of the Texas Register 
(17 TexReg 22).
The amendment defines a barber's technician and clarifies wording in the barber 
law passed in 1989.
A barber's technician will be able to provide more services to patrons.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202626
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
Examinations and Licensing
22 TAC sec.51.53
The State Board of Barber Examiners adopts the repeal of  sec.51.53, concerning 
barbers from other states or countries, without changes to the proposed text as 
published in the January 3, 1992, issue of the Texas Register  (17 TexReg 23) .
The repeal is to comply with Senate Bill 430 passed by the legislature in 1991.
Barbers from other states or countries will be issued a Texas barber license 
without having to wait for the next scheduled examination after application is 
made.
No comments were received regarding adoption of the repeal.
The repeal is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202627
Jo King McCorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.56
The State Board of Barber Examiners adopts the repeal of  sec.51.56, concerning 
eligibility for examination, without changes to the proposed text as published 
in the January 3, 1992, issue of the Texas Register (17 TexReg 23).
The repeal is to comply with Senate Bill 430 passed by the legislature in 1991.
The repeal provides that the board may administer the written examination after 
a student has completed 1,000 hours of the 1,500 hour course.
No comments were received regarding adoption of the repeal.
The repeal is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202628
Jo King McCorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.57
The State Board of Barber Examiners adopts an amendment to sec.51.57, concerning 
a current health certificate as part of the application for examination, without 
changes to the proposed text as published in the January 3, 1992, issue of the 
Texas Register (17 TexReg 23).
The amendment adds wording from the barber law as amended by the 71st 
Legislature, 1989.
Doctors of osteopathic medicine will be allowed to sign health certificates.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202629
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.59
The State Board of Barber Examiners adopts the repeal of  sec.51.59, concerning 
deadline for completing examination, without changes to the proposed text as 
published in the January 3, 1992, issue of the Texas Register (17 TexReg 24).
The repeal is on the advice of the attorney general's office that destroying a 
student's record is contrary to the provisions of the Texas Record Act.
Students will not be deprived of the time and expense spent in barber school.
No comments were received regarding adoption of the repeal.
The repeal is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202630
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.63
The State Board of Barber Examiners adopts an amendment to sec.51.63, concerning 
failure of examination, without changes to the proposed text as published in the 
January 3, 1992, issue of the Texas Register (17 TexReg 24).
The amendment is needed because of the turn-around time for receiving grades 
from national testing.
The students will not be required to return to school.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202631
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.85
The State Board of Barber Examiners adopts an amendment to sec.51.85, concerning 
reciprocal/endorsement licensing of barbers from other states or countries, 
without changes to the proposed text as published in the January 3, 1992, issue 
of the Texas Register (17 TexReg 24).
The amendment is to comply with Senate Bill 430 passed by the legislature in 
1991.
Barbers from other states or countries will be able to obtain a barber license 
without taking an examination.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202632
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
Barber Shops
22 TAC sec.51.92
The State Board of Barber Examiners adopts an amendment to sec.51.92, concerning 
displaying a barber pole, without changes to the proposed text as published in 
the January 3, 1992, issue of the Texas Register (17 TexReg 25).
The amendment changes the word "shall" to "may", because barber poles are not 
only too expensive but difficult to find.
The board has agreed that a decal or painting on a window or door is acceptable.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202633
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.94
The State Board of Barber Examiners adopts an amendment to sec.51.94, concerning 
regulation of dress in shops and schools, without changes to the proposed text 
as published in the January 3, 1992, issue of the Texas Register  (17 TexReg 
25).
The amendment is necessary to include specialty shops that have been added since 
the rule was adopted in 1985.
The amendment will provide a sanitary condition for the consumer.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202634
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.95
The State Board of Barber Examiners adopts an amendment to sec.51.95, concerning 
other businesses in a barber shop or specialty shop, without changes to the 
proposed text as published in the January 3, 1992, issue of the Texas Register 
(17 TexReg 25).
The amendment is to add the specialty shops added in the barber law since the 
rule was made in 1986.
The amendment will provide a sanitary condition for the consumer.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202635
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.96
The State Board of Barber Examiners adopts an amendment to sec.51.96, concerning 
animals being prohibited in a barber shop, specialty shop or school, without 
changes to the proposed text as published in the January 3, 1992, issue of the 
Texas Register (17 TexReg 25).
The amendment is to include specialty shops and schools.
The amendment will provide a sanitary environment for the consumer.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202636
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
22 TAC sec.51.97
The State Board of Barber Examiners adopts new sec.51.97, concerning booth 
rental permits, without changes to the proposed text as published in the January 
3, 1992, issue of the Texas Register (17 TexReg 25).
The new section is necessary because some barbers are individual contractors who 
pay their own taxes instead of paying the shop owner a percentage of their 
earnings.
The individual permit holders will be responsible for violations instead of the 
shop owner.
No comments were received regarding adoption of the new section.
The new section is adopted under Texas Civil Statutes, Article 8407a, sec.28(a) 
, which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202637
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
Advertising
22 TAC sec.51.101
The State Board of Barber Examiners adopts an amendment to sec.51.101, 
concerning advertisements in the yellow pages of telephone directories, without 
changes to the proposed text as published in the January 3, 1992, issue of the 
Texas Register (17 TexReg 26).
The amendment is necessary to add a barber school.
Interested persons will be able to find the name and address of barber schools.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202638
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
Personnel-Qualifications and Duties
22 TAC sec.51.121
The State Board of Barber Examiners adopts an amendment to sec.51.121, 
concerning educational requirements for a barber inspector, without changes to 
the proposed text as published in the January 3, 1992, issue of the Texas 
Register (17 TexReg 26).
The amendment is necessary in order to have better qualified inspectors.
The inspectors will be better qualified to communicate with the barbers and 
consumers.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a), 
which provide the Board of Barber Examiners with the authority to adopt rules 
and regulations for the transaction of business.
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 February 20, 1992.
TRD-9202639
Jo King McCrorey
Executive Director
State Board of Barber Examiners
Effective date: March 13, 1992
Proposal publication date: January 3, 1992
For further information, please call: (512) 835-2040
       
TITLE 25. HEALTH SERVICES
Part I. Texas Department of Health
Chapter 127. Registry for Providers of Health-Related Services
25 TAC sec.127.2, sec.127.4
The Texas Department of Health (department) adopts amendments to sec.127.2 and 
sec.127.4 without changes to the proposed text as published in the December 20, 
1991, issue of the  Texas Register (16 TexReg 7436).
The amendments remove the occupation of dispensing opticians from the list of 
occupations approved by the Texas Board of Health under the Health and Safety 
Code, sec.12.014, to be placed on the registry. Section 12.014 allows only 
providers who are not otherwise licensed, registered or certified to be placed 
on the registry. The Opticians' Registry Act, Texas Civil Statutes, Article 
4551-1 allows dispensing opticians to become registered by the department. 
Accordingly, it will no longer be necessary to have dispensing opticians on the 
registry.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Health and Safety Code, sec.12.014, which 
provides the Texas Board of Health (board) with the authority to adopt rules 
establishing a registry of providers of health-related services; sec.12.001 
which provides the board with the authority to adopt rules for the performance 
of every duty imposed by law on the board, the department, and the commissioner 
of health; and the Opticians' Registry Act, Texas Civil Statutes, Article 4551-
1, which provides the department with the authority to adopt rules to register 
dispensing opticians.
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 February 25, 1992.
TRD-9202790
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Effective date: March 17, 1992
Proposal publication date: December 20, 1991
For further information, please call: (512) 834-6628
       
Chapter 129. Opticians' Registry
25 TAC sec.sec.129.1-129.5, 129.7-129.13
The Texas Department of Health (department) adopts new  sec.sec.129.1-129.5 and 
129.7-129.13 concerning the opticians' registry. Sections 129.1, 129.2, 129. 5, 
129.7, 129.8, and 129.10-129.13 are adopted with changes to proposed text as 
published in the December 17, 1991, issue of the Texas Register  (16 TexReg 
7300). Sections 129.3, 129.4, and 129.9 are adopted without changes and will not 
be republished.
The new sections implement the Opticians' Registry Act (Act), Texas Civil 
Statutes, Article 4551-1, sec.5. The registration of opticians provided for in 
the Act, will safeguard public health, safety, and welfare by providing a means 
by which the public can identify providers of ophthalmic dispensing services and 
products that meet minimum standards of competence. The regulation of dispensing 
opticians will create a means to better serve the public.
Comments received by the department and the department's responses are as 
follows.
Comment: Concerning sec.129.1(a), the word "voluntary" should be added to the 
subsection to comply with the Act.
Response: The department agrees and has added the suggested language.
Comment: Concerning sec.129.2, the Board of Health clarified the definition of 
"Council" by stating that it is a nine member advisory council.
Comment: Concerning sec.129.2, the Board of Health deleted the definition of 
"Opthalmic dispenser".
Comment: Concerning sec.129.5(b)(2), the phrase "registered spectacle dispensing 
optician" should be used instead of "registered spectacle dispenser."
Response: The department agrees and has made the change.
Comment: Concerning sec.129.5(c)(2), a recent photograph should be interpreted 
as one taken within six months instead of two years.
Response: The department agrees and has added language to show that photographs 
should be taken within six months prior to application.
Comment: Concerning sec.129.5(d), the examination should be in the area in which 
the person is actively engaged.
Response: The department agrees and has made the appropriate change.
Comment: Concerning sec.129.5(e)(3)(B), the number of days required for 
processing an examination fee should be more than 15 days.
Response: The department agrees and has changed the number of days to 80.
Comment: Concerning sec.129.5(e)(4), the names of the designated examinations 
should appear in the rule.
Response: The department agrees and has added new paragraph (4) to identify the 
required examinations.
Comment: Concerning sec.129.7(g)(1)-(2), the title "ophthalmic dispenser" should 
be removed to comply with the Act.
Response: The department agrees and has removed the title "ophthalmic 
dispenser".
Comment: Concerning sec.129.11(c)(2), the telephone number should be removed 
because of frequent changes.
Response: The department agrees and has removed the telephone number.
In addition to making changes as a result of comments received, the department 
made editorial changes for clarification to  sec.sec.129.1(a), 129.2 (definition 
of "Act"), 129.5(c)(1)(D), 129.8(b)(3)-(4), 129.8(d)(3), 129.10(b) -(d), 
129.11(c)(3), 129.12(c)(1), 129.12(d)(1), and 129.13(c)-(d). Concerning the 
editorial change to sec.129.10(d), the department deleted the last sentence 
because it is repeated verbatim in sec.129.10(e).
Pearle, Inc. of Dallas, Texas was the commenter. The commenter was not totally 
for or against the sections, but had recommendations and suggestions regarding 
changes.
The new sections are adopted under the Opticians' Registry Act, Texas Civil 
Statutes, Article 4551-1, sec.5, which provide the Board of Health with the 
authority to adopt rules to register opticians; and the Health and Safety Code, 
sec.12.001 which provides the Texas Board of Health with the authority to adopt 
rules for the performance of every duty imposed by law on the Texas Board of 
Health, the Texas Department of Health, and the commissioner of health. The 
sections will affect Texas Civil Statutes, Article 4551-1, sec.5.
sec.129.1. Purpose and Construction.
(a) Purpose. This chapter implements the provisions of the Opticians' Registry 
Act, Texas Civil Statutes, Article 4551-1, concerning the voluntary registration 
and regulation of dispensing opticians by providing a means by which the public 
can identify providers of ophthalmic dispensing services and products that meet 
minimum standards of competence.
(b) Construction. These sections cover definitions; organization, administration 
and operation of the Advisory Council; fees; application procedures and 
requirements; applicant eligibility and registration; examination; renewal of 
registration certificates; requirements for continuing education; name or 
address changes; procedures for violations, complaints, investigation of 
complaints, and disciplinary actions; registration of applicants with criminal 
backgrounds; and professional and ethical standards.
sec.129.2. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise.
   Act-The Opticians' Registry Act (Act), Texas Civil Statutes, Article 4551-1.
   Administrator-The department employee designated as the administrator of 
registration activities authorized by the Act.
   Applicant-A person who applies for registration under the Act.
   Board-The Texas Board of Health.
   Commissioner-The commissioner of the Texas Department of Health.
   Consumer-An individual receiving services or obtaining a product from a 
registered dispensing optician.
   Contact lens dispensing-The fabrication, ordering, mechanical adjustment, 
dispensing, sale, and delivery to the consumer of contact lenses prescribed by 
and dispensed in accordance with a prescription from a licensed physician or 
optometrist, together with appropriate instructions for the care and handling of 
the lenses. The term does not include the taking of any measurements of the eye 
or the cornea or evaluating the physical fit of the contact lenses, unless that 
action is directed or approved by a licensed physician.
   Contact lens prescription-A written specification by a licensed physician or 
optometrist for therapeutic, corrective, or cosmetic contact lenses that states 
the refractive power of the product and other information as required by:
(A) the physician or the Texas State Board of Medical Examiners; or
(B) the optometrist or the Texas Optometry Board.
   Council-The nine member Advisory Council of the Opticians' Registry.
   Department-The Texas Department of Health.
   Dispensing optician -A person who provides or offers to provide spectacle or 
contact lens dispensing services or products to the public.
   Dual application -An application by one person as both a registered spectacle 
dispensing optician and a registered contact lens dispenser.
   Examination-A qualifying test administered to eligible applicants by the 
department or its designee.
   Registered contact lens dispenser-A person properly registered under the Act 
as a contact lens dispenser.
   Registered spectacle dispensing optician-A person properly registered under 
the Act as a spectacle dispensing optician.
   Registration certificate -A document issued by the department to a qualified 
person authorizing that person to represent that he or she is registered under 
the Act.
   Spectacle dispensing -The design, verification, fitting, adjustment, sale, 
and delivery to the consumer of fabricated and finished spectacle lenses, 
frames, or other ophthalmic devices, other than contact lenses, prescribed by 
and dispensed in accordance with a prescription from a licensed physician or 
optometrist. The term includes:
(1) prescription analysis and interpretation;
(2) the taking of measurements of the face, including interpupillary distances, 
to determine the size, shape, and specification of the spectacle lenses or 
frames best suited to the wearer's needs;
(3) the preparation and delivery of work orders to laboratory technicians 
engaged in grinding lenses and fabricating spectacles;
(4)  the verification of the quality of finished spectacle lenses;
(5)  the adjustment of spectacle lenses or frames to the intended wearer's face; 
and
(6) the adjustment, repair, replacement, reproduction, or duplication of 
previously prepared spectacle lenses, frames, or other specially fabricated 
optical devices, other than contact lenses. Spectacle prescription-A written 
specification by a licensed physician or optometrist for therapeutic or 
corrective lenses that states the refractive power of the product and other 
information as required by the physician or optometrist.
sec.129.5. Application Procedures and Requirements for Registration.
(a) Purpose. The purpose of this section is to set out the application 
procedures and registration requirements of applicants for examination and 
registration.
(b) General.
(1) Unless otherwise indicated, an applicant must submit all required 
information and documentation of credentials on official Texas Department of 
Health (department) forms.
(2)  Applications may be submitted for registration as a registered contact lens 
dispenser, a registered spectacle dispensing optician, or both.
(3) The department will not consider an application as officially submitted 
until the applicant pays the application fee. The fee must accompany the 
application form.
(4) An application not completed within 30 days after the date of the 
department's notice of deficiency may be voided.
(c) Required application materials.
(1) The application form shall contain:
(A)  specific information regarding personal data, social security number, birth 
month and day, place of employment, preferred mailing address and telephone 
number, other registrations and licenses held, misdemeanor and felony 
convictions, educational and training background, and work experience;
(B)  a statement that the applicant has read the Opticians' Registry Act (Act) 
and this chapter and agrees to abide by them;
(C) a statement that the applicant shall return to the department any 
registration certificate(s) or identification card(s) upon the expiration, 
revocation, or suspension of the registration;
(D) a statement that the applicant understands that fees submitted in the 
registration process are nonrefundable unless the processing time is exceeded 
without good cause as set out in subsection (g) of this section;
(E) a statement that the applicant understands that materials submitted in the 
registration process become the property of the department and are not 
returnable;
(F) a statement that the information in the application is truthful and that the 
applicant understands that providing false and misleading information on items 
which are material in determining the applicant's qualifications may result in 
the voiding of the application, the failure to be granted any registration, or 
the revocation of any registration issued;
(G) the signature of the applicant which has been dated and notarized; and
(H) a statement that if issued a registration certificate, the registrant shall 
keep the department advised of his or her current mailing address.
(2) An applicant shall submit a full-face photo of a minimum size of one and 
one-half inches by one and one-half inches signed on the reverse side with the 
applicant's signature as it appears on the application. The photograph must have 
been taken within six months prior to application.
(3) An applicant shall submit documentation satisfactory to the department, that 
he or she has completed seven classroom hours.
(A)  The hours must have been completed within three years prior to the date of 
the application.
(B) The hours must be offered or approved by the American Board of Opticianry or 
the National Contact Lens Examiners.
(C)  If applying for dual registration the applicant must have completed 
fourteen classroom hours offered or approved by the American Board of Opticianry 
or the National Contact Lens Examiners.
(D) Documentation may include a transcript, diploma, certificate or other 
official or certified document.
(4) Proof of having passed the prescribed examination shall be attached to the 
application form if the applicant has already completed the examination.
(d) Application for time-limited waiver. A person who has been actively engaged 
in spectacle dispensing or contact lens dispensing for a period of three years 
prior to September 1, 1991, is entitled to a certificate of registration without 
examination in the area in which the person was actively engaged if the person:
(1) applies to the department for registration on the department forms not later 
than August 31, 1992; and
(2) pays the registration fee set by the department in sec.129.4 of this title 
(relating to Fees.).
(e) Examinations.
(1) Purpose. The purpose of this subsection is to establish rules governing the 
procedures for examination of applicants for registration as a spectacle 
dispensing optician or contact lens dispenser.
(2) Frequency. Examinations will be administered for the department at least 
once each year by a designee of the department.
(3)  Requirements.
(A) The administrator shall notify an applicant when all requirements for 
registration have been met except the taking and passing of the required 
examination. The department shall forward an examination registration form to 
each approved applicant as soon as the application has been approved.
(B) An applicant who wishes to take a scheduled examination must complete the 
examination registration form which must be received by the department with the 
required fee at least 80 days prior to the date of the examination. All fees 
shall be paid to the department if the applicant is taking the examination 
solely for registration purposes. The fee shall be paid to the designee of the 
department if the applicant is taking the examination for registration purposes 
and to obtain private certification.
(C) The examination for registration shall be a written examination approved by 
the department. A designee of the department shall administer and grade 
examinations and report to the department if the applicant has passed or failed 
the examination.
(D) If an applicant has already successfully completed the required examination, 
the applicant shall not be required to be re-examined, provided the applicant 
furnishes the department a copy of the test results indicating that the 
applicant passed the examination.
(E) An applicant who fails two successive examinations may not reapply until the 
applicant completes all remedial work as prescribed by the department.
(4)  Required examination.
(A) The examination administered by the American Board of Opticianry, or its 
successor, is the examination for registered spectacle dispensing opticians.
(B) The examination administered by the National Contact Lens Examiners, or its 
successor, is the examination for registered contact lens dispensers.
(f) Determining eligibility. The department shall receive and approve or 
disapprove all applications for registration as registered spectacle dispensing 
opticians or registered contact lens dispensers or both. The administrator shall 
be responsible for reviewing all applications.
(1) Notices of application approval, disapproval, or deficiency shall be in 
accordance with subsection (g) of this section.
(2) An application for a registration shall be disapproved if the applicant has:
(A) not met the requirements in this section;
(B) failed to pass the examination prescribed by the department as set out in 
subsection (e) of this section;
(C) failed to or refused to properly complete or submit any application form, 
endorsement, or fee or deliberately presented false information on any form or 
document required by the department;
(D) violated any provision of the Act or this chapter; or
(E) been convicted of a felony or misdemeanor as set out in sec.129.12 of this 
title (relating to Registration of Applicants With Criminal Backgrounds).
(3) If after review, the department determines that the application should not 
be approved, the administrator shall give the applicant written notice of the 
reason for the proposed decision and of the opportunity for a formal hearing. 
The notice shall be in accordance with sec.129.11 of this title (relating to 
Violations, Complaints, Investigation of Complaints, and Disciplinary Actions).
(g) Application processing.
(1) Time periods. The department shall comply with the following procedures in 
processing applications for registration and renewal.
(A) The following periods of time shall apply from the date of receipt of an 
application until the date of issuance of a written notice that the application 
is complete and accepted for filing or that the application is deficient and 
additional specific information is required. A written notice stating that the 
application has been approved may be sent in lieu of the notice of acceptance of 
a complete application. The time periods are as follows:
(i) letter of acceptance of application for registration -20 working days;
(ii) letter of application or renewal deficiency-20 working days; and
(iii) issuance of registration renewal-10 working days.
(B) The following periods of time shall apply from the receipt of the last item 
necessary to complete the application until the date of issuance of written 
notice approving or denying the application. The time periods for denial include 
notification of the proposed decision and of the opportunity, if required, to 
show compliance with the law and of the opportunity for a formal hearing. An 
application is not considered complete until the required examination has been 
successfully completed by the applicant. The time periods are as follows:
(i)  letter of approval for examination-20 working days;
(ii)  initial letter of approval for registration-30 days;
(iii)  letter of denial of registration-30 days; and
(iv)  issuance of registration renewal-10 working days.
(2)  Reimbursement of fees.
(A) In the event an application is not processed in the time periods stated in 
this subsection, the applicant has the right to request reimbursement of all 
fees paid in that particular application process. Application for reimbursement 
shall be made to the administrator. If the administrator does not agree that the 
time period has been violated or finds that good cause existed for exceeding the 
time period, the request will be denied.
(B) Good cause for exceeding the time period is considered to exist if the 
number of applications for registration and registration renewal exceeds by 15% 
or more the number of applications processed in the same calendar quarter the 
preceding year; another public or private entity relied upon by the department 
in the application process caused the delay; or any other condition exists 
giving the department good cause for exceeding the time period.
(3)  Appeal. If a request for reimbursement is denied by the administrator, the 
applicant may appeal to the commissioner of the department for a timely 
resolution of any dispute arising from a violation of the time periods. The 
applicant shall give written notice to the commissioner at the address of the 
department that he or she requests full reimbursement of all fees paid because 
his or her application was not processed within the applicable time period. The 
administrator shall submit a written report of the facts related to the 
processing of the application and of any good cause for exceeding the applicable 
time period. The commissioner shall provide written notice of the commissioner's 
decision to the applicant and the administrator. An appeal shall be decided in 
the applicant's favor if the applicable time period was exceeded and good cause 
was not established. If the appeal is decided in favor of the applicant, full 
reimbursement of all fees paid in that particular application process shall be 
made.
(4) Contested cases. The time periods for contested cases related to the denial 
of registration or registration renewals are not included within the time 
periods stated in this subsection. The time period for conducting a contested 
case hearing runs from the date the department receives a written request for a 
hearing and ends when the decision of the department is final and appealable. A 
hearing may be completed within one to four months, but may extend for a long 
period of time depending on the particular circumstances of the hearing.
sec.129.7. Issuance of Certificate of Registration.
(a)  Issuance of certificate. The Texas Department of Health (department) shall 
issue a certificate of registration and a registration identification card 
containing a registration number and expiration date to each qualified 
applicant.
(b) Certificate and identification card. Any certificate of registration or 
identification card issued remains the property of the department and shall be 
surrendered on demand of the department.
(c)  Display of certificate. The certificate shall be displayed in a prominent 
location in the primary office or place of employment of the registrant. A 
current identification card shall be carried by the registrant.
(d)  Reproduced or altered certificates/cards. The certificate or identification 
card shall not be reproduced or altered in any manner.
(e) Duplicate replacement certificates. Duplicate replacement certificates will 
be issued by the department upon written request from a registrant and payment 
of the appropriate duplicate certificate fee. The request shall include a 
statement detailing the loss or destruction of the original certificate or 
identification card or be accompanied by the damaged certificate or card.
(f)  Individual or dual registration. A certificate of registration shall be 
issued for a contact lens dispenser or a spectacle dispensing optician. In the 
event an individual is registered as a contact lens dispenser and a spectacle 
dispensing optician, he or she shall be issued two certificates.
(g)  Titles.
(1) A registered dispensing optician may refer to himself or herself as a 
registered dispensing optician, a registered spectacle dispenser, or a 
registered spectacle dispensing optician.
(2) A registered contact lens dispenser may refer to himself or herself as a 
registered contact lens technician or a registered contact lens dispenser.
(3) A registrant may not use abbreviations or other letters to represent that 
the person is registered.
(h) Expiration of initial registration. The initial registration certificate is 
valid through the registrant's next birth month.
sec.129.8. Renewal of Registration.
(a) Purpose. The purpose of this section is to establish the rules governing 
renewal of registration certificates.
(b) General.
(1) When issued, a registration certificate is valid through the registrant's 
next birth month.
(2) A registrant must renew the registration certificate annually.
(3) Each registrant is responsible for renewing the registration certificate 
before the expiration date indicated on the face of the certificate and shall 
not be excused from paying the late registration fee. Failure to receive 
notification from the Texas Department of Health (department) prior to the 
expiration date of the registration certificate will not excuse failure to apply 
for renewal or late renewal.
(4) The department will not renew the registration of a registrant who is in 
violation of the Opticians' Registry Act (Act) or this chapter at the time of 
application for renewal.
(5) The department shall not renew a license if renewal is prohibited by the 
Education Code, sec.57. 491.
(6) Notices of renewal approval, disapproval or deficiency shall be in 
accordance with sec.129.5(i) of this title (relating to Application Procedures).
(c) Registration renewal.
(1) At least 30 days prior to the expiration date of a person's registration, 
the department will send notice to the registrant at the address in the 
department's records of the expiration date of the registration and the total 
renewal fee, the continuing education report form, and the renewal form.
(2) The renewal form for each registrant shall require the provision of the 
preferred mailing address, primary employment address and telephone number, and 
a statement of all misdemeanor and felony offenses for which the registrant has 
been convicted.
(3) A registrant has submitted all renewal application materials when the 
registrant has mailed the renewal form, the required renewal fee and the 
continuing education report form to the department prior to the expiration date 
of the registration. The postmark date shall be considered as the date of 
mailing.
(4) The department shall issue to a registrant who has met all requirements for 
renewal, a renewed registration card and identification card.
(d) Late renewal.
(1) The department shall inform a person who has not renewed a registration 
within 30 days following the expiration of the registration of the amount of the 
late registration fee required for renewal and the date the registration 
expired.
(2) A person whose registration has expired for not more than 180 days may renew 
the registration by submitting to the department the registration renewal form, 
the completed continuing education report form, and the late registration fee. 
The renewal will be accepted and is effective if it is mailed to the department 
not more than 180 days after the expiration date of registration and is 
complete. The postmark date shall be considered as the date of mailing.
(3) A person whose registration has been expired for more than 180 days may not 
renew. The person may obtain a new registration by complying with the then-
current requirements and procedures for obtaining a registration.
(4) If a registrant fails to timely renew his or her registration because the 
registrant is or was on active duty with the armed forces of the United States 
of America serving outside the State of Texas, the registrant may renew the 
registration pursuant to this paragraph.
(A)  Renewal of the registration may be requested by the registrant, the 
registrant's spouse, or an individual having power of attorney from the 
registrant. The renewal form shall include a current address and telephone 
number for the individual requesting the renewal.
(B) Renewal may be requested before or after expiration of the registration.
(C) A copy of the official orders or other official military documentation 
showing that the registrant is or was on active duty serving outside the State 
of Texas shall be filed with the department along with the renewal form.
(D) A copy of the power of attorney from the registrant shall be filed with the 
department along with the renewal form if the individual having the power of 
attorney executes any of the documents required in this paragraph.
(E) A registrant renewing under this paragraph shall pay the renewal fee, but 
not the late registration fee.
(F) A registrant renewing under this paragraph shall not be required to submit 
any continuing education hours if continuing education is required to be shown 
for the renewal.
(e) Expiration of registration.
(1) A person whose registration has expired may not refer to himself or herself 
by any of the titles listed in sec.129.7(g) of this title (relating to Issuance 
of Certificate of Registration).
(2) A person who fails to renew a registration is required to surrender the 
registration certificate and identification card to the department after 180 
days from expiration of the registration or upon demand.
sec.129.10. Change of Name or Address.
(a) The purpose of this section is to set out the responsibilities and 
procedures for name and address changes.
(b) The registrant shall notify the Texas Department of Health (department) of 
changes in name, preferred mailing address, or place of business or employment 
within 30 days of such change.
(c) Any change shall submitted in writing to the administrator and include the 
name, old address, and new address.
(d) Before any new registration certificate or identification card will be 
issued by the department, notification of a name change must be forwarded to the 
administrator and shall include a duly executed affidavit and a copy of a 
marriage certificate, court decree evidencing such change, or a Social Security 
card reflecting the new name.
(e) The registrant shall return any previously issued certificate or 
identification card and remit the appropriate replacement fee as set out in 
sec.129.4 of this title (relating to Fees).
sec.129.11. Violations, Complaints, Investigation of Complaints, and 
Disciplinary Actions.
(a) Purpose. The purpose of this section is to set out:
(1) violations and prohibited actions under the Optician's Registry Act (Act) 
and this chapter;
(2) procedures concerning complaints alleging violations of the Act or this 
chapter; and
(3)  Texas Department of Health (department) actions against a person when 
violations have occurred.
(b) Compliance with the Act. A registrant or applicant must comply with the Act 
and this chapter.
(c) Filing of complaints.
(1) Any person may complain to the department alleging that a registered 
dispensing optician or another person has violated the Act or this chapter.
(2) A person wishing to file a complaint against a registered dispensing 
optician or another person shall notify the department. The initial notification 
of a complaint may be in writing, by telephone, or by personal visit to the 
administrator's office. The mailing address is Opticians' Registry, Texas 
Department of Health, 1100 West 49th Street, Austin, Texas 78756-3183.
(3) Upon receipt of a complaint, the administrator shall send to the complainant 
an acknowledgment letter and the department's complaint form, which the 
complainant must complete and return to the administrator before further action 
can be taken. If the complaint is made by a visit to the administrator's office, 
the form may be given to the complainant at that time; however, it must be 
completed and returned to the Texas Department of Health (department) before 
further action can be taken.
(4) Anonymous complaints may be accepted by the department if the complainant 
provides sufficient information.
(d)  Investigation of complaints.
(1) The department may investigate any complaint.
(2) If the administrator determines that the complaint does not come within the 
department's jurisdiction, the administrator shall advise the complainant and, 
if possible, refer the complainant to the appropriate governmental agency for 
handling such a complaint.
(3) The department shall, at least as frequently as quarterly, notify the 
parties to the complaint of the status of the complaint until its final 
disposition.
(4) If the administrator determines that there are insufficient grounds to 
support the complaint, the program administrator shall dismiss the complaint and 
give written notice of the dismissal to the registrant or person against whom 
the complaint has been filed and to the complainant.
(5) If the administrator determines that there are sufficient grounds to support 
the complaint, the administrator may propose to deny, suspend, revoke, probate, 
or not renew a registration.
(e) Disciplinary actions.
(1) The department may deny an application or registration renewal or suspend or 
revoke a registration or impose probation for any violation of the Act or this 
chapter.
(2) Prior to institution of formal proceedings to revoke or suspend a 
registration, the department shall give written notice to the registrant of the 
facts or conduct alleged to warrant revocation or suspension, and the registrant 
shall be given an opportunity, as described in the notice, to show compliance 
with all requirements of the Act and this chapter.
(3) If denial, revocation, suspension, or probation of a registration is 
proposed, the department shall give written notice to the registrant or 
applicant that the applicant or registrant must request, in writing, a formal 
hearing within 10 days of receipt of the notice. The notice shall state the 
basis for the proposed action. Receipt of the notice is presumed to occur on the 
tenth day after the notice is mailed to the last address known to the department 
unless another date is reflected on a United States Postal Service return 
receipt.
(4) If no timely request for a hearing is received, the applicant or registrant 
is deemed to have waived the hearing and be in agreement with the allegations 
and proposed action.
(5) The formal hearing shall be conducted in accordance with the department's 
formal hearing procedures in Chapter 1 of this title (relating to the Texas 
Board of Health) and  sec.129.12 of this title (relating to Registration of 
Applicants With Criminal Backgrounds), if applicable.
(6) If the applicant or registrant fails to appear or be represented at the 
scheduled hearing, the person is deemed to be in agreement with the allegations 
and proposed action and to have waived the right to a hearing.
(7) If the hearing is waived, the application or registration shall be denied, 
suspended, revoked, or probated by an order of the commissioner of health.
(f) Suspension, revocation, or nonrenewal.
(1) If the department suspends a registration, the suspension shall remain in 
effect until the administrator or the department determines that the reason for 
suspension no longer exists or for the period of time stated in the order. The 
administrator or the department shall investigate prior to making a 
determination.
(2) During the time of suspension, the suspended registrant shall return his or 
her registration certificate and identification card to the department.
(3) If a suspension overlaps a registration renewal date, the suspended 
registration holder may comply with the renewal procedures in this chapter; 
however, the department may not renew the registration until the administrator 
determines that the reason for suspension no longer exists or the period of 
suspension is completed.
(4) If the department revokes or does not renew a registration, a person may 
reapply for a registration by complying with the requirements and procedures in 
this chapter at the time of reapplication. The department may refuse to issue a 
registration if the reason for revocation or nonrenewal continues to exist.
(5) Upon revocation or nonrenewal, a registration holder shall return the 
registration certificate and identification card to the department.
sec.129.12. Registration of Applicants With Criminal Backgrounds.
(a) This section sets out the guidelines and criteria on the eligibility of 
persons with criminal backgrounds to obtain registration as spectacle dispensers 
or contact lens dispensers.
(b) Criminal convictions which directly relate to the occupation of dispensing 
opticians shall be considered by the Texas Department of Health (department) as 
follows.
(1) The department may suspend or revoke an existing registration, disqualify a 
person from receiving a registration, or deny to a person the opportunity to be 
examined for a registration because of a person's conviction of a felony or 
misdemeanor if the crime directly relates to the duties and responsibilities 
under that registration.
(2) In considering whether a criminal conviction directly relates, the 
department shall consider:
(A) the nature and seriousness of the crime;
(B) the relationship of the crime to the purposes for requiring a registration 
as a spectacle dispensing optician or a contact lens dispenser;
(C) the extent to which a registration might offer an opportunity to engage in 
further criminal activity of the same type as that in which the person 
previously had been involved; and
(D)  the relationship of the crime to the ability, capacity, or fitness required 
to perform the duties and discharge the responsibilities of a registered 
spectacle dispensing optician or a registered contact lens dispenser.
(c)  The following felonies and misdemeanors directly relate because these 
criminal offenses indicate an inability or a tendency for the person to be 
unable to perform or to be unfit for registration:
(1) the misdemeanor of violating the Opticians' Registry Act (Act);
(2) a conviction relating to deceptive business practices;
(3) a misdemeanor or felony offense involving moral turpitude;
(4) the misdemeanor of practicing medicine or optometry without a license;
(5) a misdemeanor or felony offense under various titles of the Texas Penal 
Code:
(A) Title 5 concerning offenses against the person;
(B) Title 7 concerning offenses against property;
(C) Title 9 concerning offenses against public order and decency;
(D) Title 10 concerning offenses against public health, safety, and morals; and
(E) Title 4 concerning offenses of attempting or conspiring to commit any of the 
offenses in this subsection; and
(6)  other misdemeanors and felonies which indicate an inability or tendency for 
the person to be unable to perform as a registrant or to be unfit for 
registration if action by the department will promote the intent of the Act, 
this chapter, and Texas Civil Statutes, Article 6252-13c.
(d)  Procedures for revoking, suspending, or denying a registration to a person 
with a criminal background shall be as follows.
(1) The administrator shall give written notice to the person that the 
department proposes to deny the application or suspend or revoke the 
registration in accordance with the provisions of sec.129.11(e) of this title 
(relating to Violations, Complaints, Investigations of Complaints, and 
Disciplinary Actions.).
(2) If the department denies, suspends, or revokes an application or 
registration under this section,the administrator shall give the person written 
notice:
(A)  of the reasons for the decision;
(B) that the person, after exhausting administrative appeals, may file an action 
in a district court of Travis County, Texas, for review of the evidence 
presented to the department and its decision;
(C) that the person, must begin the judicial review by filing a petition with 
the court within 30 days after the department's action is final and appealable; 
and
(D) of the earliest date that the person may appeal.
sec.129.13. Professional and Ethical Standards.
(a) The purpose of this section is to establish the professional and ethical 
standards to be followed by a registered spectacle dispensing optician or a 
registered contact lens dispenser.
(b) A registrant shall not misrepresent any professional qualifications or 
credentials.
(c) A registrant shall not provide any information that is false, deceptive, or 
misleading to the Texas Department of Health (department).
(d) A registrant shall provide all information required by the Opticians' 
Registry Act (Act) or this chapter to be submitted to the department.
(e) A registrant shall not consume alcohol or take controlled substances not 
prescribed by a licensed physician during the hours the registrant is available 
to dispense spectacles or contact lenses.
(f) A registrant shall not use false, misleading, or deceptive advertising.
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 February 25, 1992.
TRD-9202789
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Effective date: March 17, 1992
Proposal publication date: December 17, 1991
For further information, please call: (512) 834-6628
       
sec.129.10. Change of Name or Address.
(a) The purpose of this section is to set out the responsibilities and 
procedures for name and address changes.
(b) The registrant shall notify the Texas Department of Health (department) of 
changes in name, preferred mailing address, or place of business or employment 
within 30 days of such change.
(c) Any change shall submitted in writing to the administrator and include the 
name, old address, and new address.
(d) Before any new registration certificate or identification card will be 
issued by the department, notification of a name change must be forwarded to the 
administrator and shall include a duly executed affidavit and a copy of a 
marriage certificate, court decree evidencing such change, or a Social Security 
card reflecting the new name.
(e) The registrant shall return any previously issued certificate or 
identification card and remit the appropriate replacement fee as set out in 
sec.129.4 of this title (relating to Fees).
sec.129.11. Violations, Complaints, Investigation of Complaints, and 
Disciplinary Actions.
(a) Purpose. The purpose of this section is to set out:
(1) violations and prohibited actions under the Optician's Registry Act (Act) 
and this chapter;
(2) procedures concerning complaints alleging violations of the Act or this 
chapter; and
(3)  Texas Department of Health (department) actions against a person when 
violations have occurred.
(b) Compliance with the Act. A registrant or applicant must comply with the Act 
and this chapter.
(c) Filing of complaints.
(1) Any person may complain to the department alleging that a registered 
dispensing optician or another person has violated the Act or this chapter.
(2) A person wishing to file a complaint against a registered dispensing 
optician or another person shall notify the department. The initial notification 
of a complaint may be in writing, by telephone, or by personal visit to the 
administrator's office. The mailing address is Opticians' Registry, Texas 
Department of Health, 1100 West 49th Street, Austin, Texas 78756-3183.
(3) Upon receipt of a complaint, the administrator shall send to the complainant 
an acknowledgment letter and the department's complaint form, which the 
complainant must complete and return to the administrator before further action 
can be taken. If the complaint is made by a visit to the administrator's office, 
the form may be given to the complainant at that time; however, it must be 
completed and returned to the Texas Department of Health (department) before 
further action can be taken.
(4) Anonymous complaints may be accepted by the department if the complainant 
provides sufficient information.
(d)  Investigation of complaints.
(1) The department may investigate any complaint.
(2) If the administrator determines that the complaint does not come within the 
department's jurisdiction, the administrator shall advise the complainant and, 
if possible, refer the complainant to the appropriate governmental agency for 
handling such a complaint.
(3) The department shall, at least as frequently as quarterly, notify the 
parties to the complaint of the status of the complaint until its final 
disposition.
(4) If the administrator determines that there are insufficient grounds to 
support the complaint, the program administrator shall dismiss the complaint and 
give written notice of the dismissal to the registrant or person against whom 
the complaint has been filed and to the complainant.
(5) If the administrator determines that there are sufficient grounds to support 
the complaint, the administrator may propose to deny, suspend, revoke, probate, 
or not renew a registration.
(e) Disciplinary actions.
(1) The department may deny an application or registration renewal or suspend or 
revoke a registration or impose probation for any violation of the Act or this 
chapter.
(2) Prior to institution of formal proceedings to revoke or suspend a 
registration, the department shall give written notice to the registrant of the 
facts or conduct alleged to warrant revocation or suspension, and the registrant 
shall be given an opportunity, as described in the notice, to show compliance 
with all requirements of the Act and this chapter.
(3) If denial, revocation, suspension, or probation of a registration is 
proposed, the department shall give written notice to the registrant or 
applicant that the applicant or registrant must request, in writing, a formal 
hearing within 10 days of receipt of the notice. The notice shall state the 
basis for the proposed action. Receipt of the notice is presumed to occur on the 
tenth day after the notice is mailed to the last address known to the department 
unless another date is reflected on a United States Postal Service return 
receipt.
(4) If no timely request for a hearing is received, the applicant or registrant 
is deemed to have waived the hearing and be in agreement with the allegations 
and proposed action.
(5) The formal hearing shall be conducted in accordance with the department's 
formal hearing procedures in Chapter 1 of this title (relating to the Texas 
Board of Health) and  sec.129.12 of this title (relating to Registration of 
Applicants With Criminal Backgrounds), if applicable.
(6) If the applicant or registrant fails to appear or be represented at the 
scheduled hearing, the person is deemed to be in agreement with the allegations 
and proposed action and to have waived the right to a hearing.
(7) If the hearing is waived, the application or registration shall be denied, 
suspended, revoked, or probated by an order of the commissioner of health.
(f) Suspension, revocation, or nonrenewal.
(1) If the department suspends a registration, the suspension shall remain in 
effect until the administrator or the department determines that the reason for 
suspension no longer exists or for the period of time stated in the order. The 
administrator or the department shall investigate prior to making a 
determination.
(2) During the time of suspension, the suspended registrant shall return his or 
her registration certificate and identification card to the department.
(3) If a suspension overlaps a registration renewal date, the suspended 
registration holder may comply with the renewal procedures in this chapter; 
however, the department may not renew the registration until the administrator 
determines that the reason for suspension no longer exists or the period of 
suspension is completed.
(4) If the department revokes or does not renew a registration, a person may 
reapply for a registration by complying with the requirements and procedures in 
this chapter at the time of reapplication. The department may refuse to issue a 
registration if the reason for revocation or nonrenewal continues to exist.
(5) Upon revocation or nonrenewal, a registration holder shall return the 
registration certificate and identification card to the department.
sec.129.12. Registration of Applicants With Criminal Backgrounds.
(a) This section sets out the guidelines and criteria on the eligibility of 
persons with criminal backgrounds to obtain registration as spectacle dispensers 
or contact lens dispensers.
(b) Criminal convictions which directly relate to the occupation of dispensing 
opticians shall be considered by the Texas Department of Health (department) as 
follows.
(1) The department may suspend or revoke an existing registration, disqualify a 
person from receiving a registration, or deny to a person the opportunity to be 
examined for a registration because of a person's conviction of a felony or 
misdemeanor if the crime directly relates to the duties and responsibilities 
under that registration.
(2) In considering whether a criminal conviction directly relates, the 
department shall consider:
(A) the nature and seriousness of the crime;
(B) the relationship of the crime to the purposes for requiring a registration 
as a spectacle dispensing optician or a contact lens dispenser;
(C) the extent to which a registration might offer an opportunity to engage in 
further criminal activity of the same type as that in which the person 
previously had been involved; and
(D)  the relationship of the crime to the ability, capacity, or fitness required 
to perform the duties and discharge the responsibilities of a registered 
spectacle dispensing optician or a registered contact lens dispenser.
(c)  The following felonies and misdemeanors directly relate because these 
criminal offenses indicate an inability or a tendency for the person to be 
unable to perform or to be unfit for registration:
(1) the misdemeanor of violating the Opticians' Registry Act (Act);
(2) a conviction relating to deceptive business practices;
(3) a misdemeanor or felony offense involving moral turpitude;
(4) the misdemeanor of practicing medicine or optometry without a license;
(5) a misdemeanor or felony offense under various titles of the Texas Penal 
Code:
(A) Title 5 concerning offenses against the person;
(B) Title 7 concerning offenses against property;
(C) Title 9 concerning offenses against public order and decency;
(D) Title 10 concerning offenses against public health, safety, and morals; and
(E) Title 4 concerning offenses of attempting or conspiring to commit any of the 
offenses in this subsection; and
(6)  other misdemeanors and felonies which indicate an inability or tendency for 
the person to be unable to perform as a registrant or to be unfit for 
registration if action by the department will promote the intent of the Act, 
this chapter, and Texas Civil Statutes, Article 6252-13c.
(d)  Procedures for revoking, suspending, or denying a registration to a person 
with a criminal background shall be as follows.
(1) The administrator shall give written notice to the person that the 
department proposes to deny the application or suspend or revoke the 
registration in accordance with the provisions of sec.129.11(e) of this title 
(relating to Violations, Complaints, Investigations of Complaints, and 
Disciplinary Actions.).
(2) If the department denies, suspends, or revokes an application or 
registration under this section,the administrator shall give the person written 
notice:
(A)  of the reasons for the decision;
(B) that the person, after exhausting administrative appeals, may file an action 
in a district court of Travis County, Texas, for review of the evidence 
presented to the department and its decision;
(C) that the person, must begin the judicial review by filing a petition with 
the court within 30 days after the department's action is final and appealable; 
and
(D) of the earliest date that the person may appeal.
sec.129.13. Professional and Ethical Standards.
(a) The purpose of this section is to establish the professional and ethical 
standards to be followed by a registered spectacle dispensing optician or a 
registered contact lens dispenser.
(b) A registrant shall not misrepresent any professional qualifications or 
credentials.
(c) A registrant shall not provide any information that is false, deceptive, or 
misleading to the Texas Department of Health (department).
(d) A registrant shall provide all information required by the Opticians' 
Registry Act (Act) or this chapter to be submitted to the department.
(e) A registrant shall not consume alcohol or take controlled substances not 
prescribed by a licensed physician during the hours the registrant is available 
to dispense spectacles or contact lenses.
(f) A registrant shall not use false, misleading, or deceptive advertising.
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 February 25, 1992.
TRD-9202789
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Effective date: March 17, 1992
Proposal publication date: December 17, 1991
For further information, please call: (512) 834-6628
       
Chapter 130. Code Enforcement Registry
25 TAC sec.sec.130.1-130.17
The Texas Department of Health (department) adopts new  sec.sec.130.1-130-17, 
concerning the code enforcement registry. Sections 130.2, 130.4-130.15 and are 
130.17 adopted with changes to the proposed text as published in the December 
17, 1991, issue of the Texas Register (16 TexReg 7283). Sections 130.1, 130. 3, 
and 130.16 are adopted without changes and will not be republished.
The new sections implement the provisions of Texas Civil Statutes, Article 
4447bb, concerning the registration of code enforcement officers. This 
registration is intended to safeguard public health, safety, and welfare by 
providing a means by which the public can identify code enforcement officers 
that meet minimum standards of competence. The regulation of code enforcement 
officers will create a means to better serve the public. The sections define 
terms commonly used in the profession and set standards for registration as a 
code enforcement officer. The sections further require code enforcement officers 
to meet minimum state licensing standards for work experience and require the 
officers to take an approved code enforcement training program. The department 
is responsible for the review and processing of the registration of code 
enforcement officers and code enforcement officers-in training.
Comments received by the department concerning the proposal and the department's 
responses are as follows.
COMMENT: Concerning sec.130.2, the definition of "CEAT" should be removed from 
the section since there will be different designees every several years.
RESPONSE: The department agrees and has removed the definition.
COMMENT: Concerning sec.130.2, the definition of "code enforcement officer" 
should be redefined for clarification.
RESPONSE: The department disagrees because the department is not authorized to 
change the definition as stated in the Texas Civil Statutes, Article 4447bb.
COMMENT: The Board of Health clarified the definition of "Committee" by stating 
that it will be a five-member committee.
COMMENT: Concerning sec.130.4(a)(7), the words "department administered" should 
be removed since the department will not be administering the re-examinations.
RESPONSE: The department agrees and has deleted the words.
COMMENT: Concerning sec.130.5(d)(5), the phrase, "the successful completion of 
the", should be added for clarification.
RESPONSE: The department agrees and has added the phrase.
COMMENT: Concerning sec.130.5(d)(6), the phrases, "full-time" and "if applying", 
should be added for clarification.
RESPONSE: The department agrees and added the phrases.
COMMENT: Concerning sec.130.7(b), the language concerning the training program 
exemption should be clarified.
RESPONSE: The department agrees and has added the additional language.
COMMENT: Concerning sec.130.8(a), the phrase "administration for" should be 
removed for clarification.
RESPONSE: The department agrees and has removed the language.
COMMENT: Concerning proposed sec.130.8(b)(4)(A), subparagraph (A) should be 
moved up to combine with the opening sentence of paragraph (4); proposed 
subparagraph (B) should be renumbered as paragraph (5); and the remaining 
paragraphs should be renumbered accordingly.
RESPONSE: The department agrees and made the change.
COMMENT: Concerning sec.130.8(c), the department should change the content of a 
sentence for clarification.
RESPONSE: The department agrees and has added language to clarify the sentence.
COMMENT: Concerning proposed sec.130.8(c), paragraphs (1) and (2) should be 
deleted since this information may or may not apply.
RESPONSE: The department agrees and has deleted the paragraphs.
COMMENT: Concerning sec.130.10(c)(1), a more exact reference on the location of 
information in the paragraph should be included.
RESPONSE: The department agrees and has expanded the reference to include the 
exact location of the information referenced in the paragraph.
COMMENT: Concerning sec.130.11(d), the word "notarized" is redundant and should 
be replaced by the article "a".
RESPONSE: The department agrees and has made the change.
COMMENT: Concerning sec.130.12(b)(2), the paragraph should be deleted since it 
is repeated in sec.130.11(b)(2).
RESPONSE: The department agrees and has deleted the paragraph. The remaining 
paragraphs have been renumbered accordingly.
COMMENT: Concerning sec.130.12(f)(5), the words "or any penalty fee" should be 
deleted since it is repetitive.
RESPONSE: The department agrees and has made the change.
COMMENT: Concerning the title of sec.130.13, the title should be changed to 
redefine the sections that follow.
RESPONSE: The department agrees and has changed the title.
In addition to changes made as a result of comments received, the department 
made a number of editorial changes for clarification. Sections 130.2, 130.6, 
130. 13, 130.14, 130.15, and 130.17 were changed in that the statutory reference 
of "Acts 1991, 72nd Legislature, Chapter 796 (House Bill 1257)" has been 
replaced by the new statutory reference of "Texas Civil Statutes, Article 
4447bb". The department made other minor editorial changes for clarification to 
sec.130.5(d)(4) , sec.130.6(d)(2)(B), sec.130.6(c)(1), sec.130.6(d)(2)(B), 
sec.130.7(c)(1), sec.130. 8(a), sec.130.8(b)(3) and (4), sec.130.9(c)(6), 
sec.130.10(a)(1), sec.130.10(c)(3),  sec.130.11(c), sec.130.13(3)(C), 
sec.130.14(b)(2)(C), and sec.130.14(c)(7)(C) and (E) .
No agency, group, or association commented on the rules; all of the commenters 
were individuals. None of the commenters were totally for or against the 
sections, but had recommendations and suggestions regarding changes.
The new sections are adopted under Texas Civil Statutes, Article 4447bb, which 
provide the Board of Health with the authority to adopt rules to register code 
enforcement officers; and Health and Safety Code, sec.12.001, which provides the 
Texas Board of Health with the authority to adopt rules for the performance of 
every duty imposed by law on the Texas Board of Health, the Texas Department of 
Health, and the commissioner of health.
sec.130.2. Definitions.  The following words and terms, when used in this 
chapter, shall have the following meanings, unless the context clearly indicates 
otherwise.
   Act-Texas Civil Statutes, Article 4447bb, concerning the registration of code 
enforcement officers.
   Administrator-The department employee designated as the administrator of 
registration activities authorized by the Act.
   Applicant-A person who applies for registration under the Act.
   Board-The Texas Board of Health.
   Code enforcement -The inspection, improvement, and rehabilitation of 
environmental hazards in public and private premises by determining the presence 
of fire or health hazards, nuisance violations, unsafe building conditions, and 
violations of any fire, health, or building regulation, statute, or ordinance.
   Code enforcement officer-An agent of this state or a political subdivision of 
this state who engages in code enforcement.
   Committee-The five-member Code Enforcement Advisory Committee.
   Department-The Texas Department of Health.
   Full-time experience -Employment, self-employment, or independent contracting 
in the field of code enforcement where the regularly assigned duties included 
code enforcement and the experience was for not less than 32 hours per week.
   Registrant-A person registered under the Act.
   Registration-The procedure by which the department accepts, processes, and 
approves applications for registration of a person, and as a part thereof, 
includes the furnishing and replacement or duplication of certificates and 
identification cards.
sec.130.4. Fees.
(a) The schedule of fees is as follows:
(1) application fee (includes initial registration) -$50;
(2)  renewal fee-$50;
(3) reinstatement fee-$50;
(4)  registration fee for an upgrade (for code enforcement officers in training) 
-$20;
(5) certificate and/or identification card replacement fee-$20;
(6) examination fees:
(A) department administered-$50; or
(B) administered by department's designee-the amount specified in the contract 
between the department and the designee, not to exceed $50; and
(7) reexamination fee-$50.
(b) All fees are nonrefundable.
(c) All fees shall be submitted in the form of certified checks for guaranteed 
funds; money orders; checks from state agencies, municipalities, counties; or 
other political subdivisions of the state made payable to the department.
sec.130.5. Application Procedures.
(a) Purpose. The purpose of this section is to set the application requests and 
procedures for registration as a code enforcement officer. Applications may be 
submitted for registration as a registered code enforcement officer or code 
enforcement officer in training.
(b) General.
(1) Unless otherwise indicated, an applicant must submit all required 
information and documentation of credentials on official department forms.
(2) The department must receive all required application materials at least 90 
days prior to the date the applicant wishes to take the examination.
(3) The department will not consider an application as officially submitted 
until the applicant pays the application fee. The fee must accompany the 
application form.
(4) An application not completed within 30 days after the date of the 
department's notice of deficiency may be voided.
(5) An application is not considered complete until the required examination has 
been successfully completed by the applicant.
(c)  General application materials. The application contains the following 
items:
(1) specific information regarding personal data, social security number, birth 
date, place of employment, other state registrations and certifications held, 
and misdemeanor or felony convictions;
(2) the date of the application;
(3) the education and experience qualifications of each applicant;
(4) a statement that the applicant has read the Act and this chapter and agrees 
to abide by them;
(5) a statement that the applicant shall return to the department any 
registration certificate and identification card upon the expiration, 
revocation, or suspension of the registration;
(6) a statement that the applicant understands that fees submitted in the 
registration process are nonrefundable unless the processing time is exceeded 
without good cause as set out in sec.130. 14 of this title (relating to 
Processing Applications);
(7) a statement that the applicant understands that materials submitted in the 
registration process become the property of the department and are not 
returnable;
(8)  a statement that the information in the application is truthful and that 
the applicant understands that providing false and misleading information on 
items which are material in determining the applicant's qualifications may 
result in the voiding of the application, the failure to be granted any 
registration, or the revocation of any registration issued; and
(9) the signature of the applicant which has been dated and notarized.
(d) Documents. The following documents shall be submitted:
(1) a copy of the code enforcement certificate or certificates of course 
completion (notarized as a true and exact copy of an unaltered original) if the 
training program is required;
(2) a full-face photo of a minimum size of 1 1/2 by 1 1/2 inches signed on the 
reverse side with the applicant's signature as it appears on the application. 
The photograph must have been taken within the two-year period prior to 
application;
(3) if applying under sec.130.6(d) of this title (relating to Registration 
Qualification Requirements):
(A) an affidavit on an official form indicating at least one year of residence 
in Texas before the date of application; and
(B) an affidavit on an official form indicating employment as described in 
sec.130.6(d)(2);
(4) a copy of a high school diploma, general equivalence diploma, or diploma 
(associate degree or bachelor degree) from an accredited college or university 
(notarized as a true and exact copy of an unaltered original);
(5) proof of the successful completion of the examination if already taken; and
(6)  proof of one year full-time experience if applying under sec.130.6(a).
sec.130.6. Registration Qualification Requirements.
(a) The purpose of this section is to set out the qualifications of applicants 
for examination and registration as a code enforcement officer and code 
enforcement officer in training.
(b) An applicant who qualifies under Texas Civil Statutes, Article 4447bb, 
sec.6(a), must have:
(1) successfully completed the training program described in sec.130.7 of this 
title (relating to Educational Requirements);
(2) at least one year of full-time experience in the field of code enforcement;
(3) passed the examination as set forth in sec.130.8 of this title (relating to 
Examination); and
(4)  filed the documents and application required by sec.130.5 of this title 
(relating to Application Procedures).
(c) An applicant who qualifies under the Act, sec.6(d), must have:
(1) successfully completed the training program described in sec.130.7;
(2) passed the examination as set forth in sec.130.8;
(3) completed a supervision contract on department forms, and the contract shall 
include:
(A) the name and signature of each supervisor and the name and signature of the 
supervisee;
(B) the registration number of each supervisor;
(C) the primary location and address where code enforcement services are 
provided;
(D)  a description of code enforcement duties to be rendered by the supervisee;
(E) a statement that each supervisor and the supervisee have read and agree to 
adhere to this chapter; and
(F) the date the supervisor and supervisee signed the department's supervisor 
contract; and
(4) filed the documents and application required by  sec.130.5.
(d) An applicant who qualifies under the Act, sec.14, must have:
(1) been a resident of the state for at least one year before the date of 
application;
(2)  been employed full-time as a code enforcement officer for at least three 
years for not less than 32 hours per week from September 1, 1988 to August 31, 
1991.
(A) Employment includes self-employment or independent contractor status.
(B) The regularly assigned duties must have included code enforcement. The 
applicant need not have had the title of "code enforcement officer;"
(3) applied on or before September 1, 1993; and
(4)  filed the documents and application required by sec.130.5.
(e) On proper application, the department shall grant a certificate of 
registration to a licensee or registrant of another state, commonwealth, or 
territory of the United States that has requirements equivalent to or higher 
than those in effect in this state for the registration of a code enforcement 
officer or code enforcement officer in training.
sec.130.7. Educational Requirements.
(a) Purpose. The purpose of this section is to set out the educational 
requirements for examination and registration as a code enforcement officer or 
code enforcement officer in training.
(b) Training program required. An applicant must complete a training program in 
code enforcement from an educational institution accredited or licensed by the 
central education agency or Texas Higher Education Coordinating Board unless the 
applicant qualifies under Texas Civil Statutes, Article 4447bb, sec.14.
(c) Basic training program.
(1) The program shall include, but shall not be limited to, training in the 
following subjects:
(A) zoning and zoning ordinance enforcements;
(B)  sign regulations;
(C) home occupations;
(D) housing codes and ordinances;
(E) building abatement;
(F) nuisance violations;
(G) abandoned vehicles;
(H) junk vehicles;
(I) health ordinances; and
(J) basic processes of law related to code enforcement.
(2) The program shall consist of 36 classroom or laboratory hours. A classroom 
or laboratory hour shall constitute 50 clock minutes of actual classroom or 
laboratory time.
sec.130.8. Examination.
(a) This section sets out provisions governing the examination for a registered 
code enforcement officer.
(b)  Application for examination.
(1) An applicant meeting the requirement of sec.130.5 of this title (relating to 
Application Procedures) is allowed to take the examination provided the 
applicant complies with the requirements of this section.
(2) The Texas Department of Health (department) shall notify an applicant whose 
application has been approved at least 60 days prior to the next scheduled 
examination. Applications which are received incomplete or late may cause the 
applicant to miss the examination deadline. The notice shall include the 
examination registration form.
(3)  An examination registration form must be completed and received by the 
department with the required examination fee at least 30 days prior to the date 
of the examination. The fee shall be paid to the department if the applicant is 
taking the exam solely for registration purposes. The fee shall be paid to the 
designee of the department if the applicant is taking the exam for registration 
and to obtain private certification.
(4) The examination will be conducted in the English language. Exceptions will 
be made when English is not the native or first language of the applicant. The 
applicant will be responsible for any fee or consideration to be paid to an 
acceptable interpreter and/or translator whose services are necessary for the 
examination. If the applicant can make arrangements that are acceptable, the 
examination will be given at the first time available.
(5) Reasonable accommodations will be made for disabled applicants.
(6) Examinations will be held on dates and in locations to be announced by the 
department.
(7) Examinations will be graded by the department or its designee.
(8) The department shall notify each examinee of the results of the examination 
within 30 days of the date of the examination.
(9) A person who fails the examination may retest twice on the failed portion of 
the examination after paying another examination fee. All retests must be 
completed no later than two years after the initial date of examination 
eligibility or the person's application will be voided.
(10) No refunds will be made to examination candidates who fail to appear for an 
examination.
(c) The department shall offer a written examination prepared by the department 
or its designee as often as deemed necessary by the department.
(d) Applicants who have met all the requirements set out in sec.130.6(d) of this 
title (relating to Registration Qualification Requirements) shall have the 
examination requirement waived.
sec.130.9. Determination of Eligibility.
(a) The department shall receive and approve or disapprove all applications for 
registration as a code enforcement officer and code enforcement officer in 
training.
(b)  Notices of application approval, disapproval, or deficiency shall be in 
accordance with sec.130.16 of this title (relating to Processing Applications).
(c) An application for a registration shall be disapproved if the person has:
(1) not met the requirements in sec.130.6 of this title (relating to 
Registration Qualification Requirements);
(2) failed to pass the examination prescribed by the department as set out in 
sec.130.7 of this title (relating to Examination);
(3) failed to or refused to properly complete or submit any application form, 
documents, or fee or deliberately presented false information on any form or 
document required by the department;
(4) violated any provisions of the Act or this chapter;
(5)  been convicted of a felony or misdemeanor if the crime directly relates to 
the duties and responsibilities of a registered code enforcement officer as set 
out in sec.130.12 of this title (relating to Registration of Persons with 
Criminal Backgrounds); or
(6) certification or registration to engage in code enforcement or a related 
profession that had revoked by another licensing entity in this state or another 
state, commonwealth, or territory of the United States for any of the following 
reasons:
(A) unprofessional conduct;
(B) fraud, deceit, or negligence; or
(C) misconduct in the practice of code enforcement or a related profession.
(d) If after review, the department determines that the application should not 
be approved, the administrator shall give the applicant written notice of the 
reason for the proposed decision and of the opportunity for a formal hearing. 
The notice shall be in accordance with sec.130.13 of this title (relating to 
Violations, Complaints, and Disciplinary Actions).
sec.130.10. Code Enforcement Officer in Training.
(a)  Supervision. The purpose of this section is to set out the nature and the 
scope of the supervision provided for code enforcement officers in training.
(1) Supervision contract. A code enforcement officer in training must have a 
contract on department forms on file with the department.
(2)  Termination. The supervising code enforcement officer must submit a written 
notification of termination of supervision to the department and the supervisee 
within 14 days of when supervision has ceased. The department notification of 
termination of supervision shall include:
(A) the name, registration number, and signature of the supervisor and the name 
and registration number of the supervisee;
(B) a statement that supervision has terminated;
(C) the reason for termination;
(D) the date of termination of supervision; and
(E) a statement indicating whether the supervisor and the supervisee have 
complied with the requirements of this chapter.
(3)  Changes. Any change in the department supervision contract including adding 
or deleting supervisors shall require submission of a new supervision contract.
(4) Requirements of supervision.
(A) The supervisor must have adequate training, knowledge, and skill to consult 
competently concerning any code enforcement services which the supervisee 
undertakes.
(B) The supervisor must be a registered code enforcement officer.
(C) The supervisor may not supervise more than three supervisees.
(D) The supervisee must clearly state the supervised status to his or her 
employer and must provide the name, address, and telephone number of the 
supervisor.
(E)  The supervisor may not be employed by the supervisee, may not lease or rent 
space from the supervisee, and must avoid any dual relationship with the 
supervisee which could impair the supervisor's professional judgment.
(F)  The supervisor need not be the same as the officer in training's work 
supervisor.
(G) The supervisor must be available for discussion of any problems encountered 
by the supervisee and have quarterly reports available at reasonable times.
(H) The supervisor will provide an alternate registered code enforcement officer 
to provide supervision for the supervisee in circumstances when the supervisor 
is not available for more than four continuous weeks.
(5) Payment. A supervisee may not pay for supervision.
(b)  Required supervisor. A registered code enforcement officer in training must 
have a supervising registered code enforcement officer during the times the 
officer in training is engaged in code enforcement. Time shall not be counted 
toward the one year of full-time experience required for registration as a code 
enforcement officer unless the registered code enforcement officer had a 
qualified supervisor.
(c) Upgrading a code enforcement officer in training. The purpose of this 
subsection is to set out the procedure to upgrade a registration from a code 
enforcement officer in training to a code enforcement officer.
(1) The code enforcement officer in training shall submit to the department a 
properly completed experience documentation form as set out in sec.130.5(d)(6) 
of this title (relating to Application Procedures) with a written request to 
upgrade the registration.
(2) After review of all application materials, the program administrator shall 
notify the code enforcement officer in training of eligibility for registration 
as a code enforcement officer.
(3) The code enforcement officer in training shall surrender to the department 
the registration certificate and registration identification card and submit the 
registration fee for upgrade of a registration for a code enforcement officer in 
training to a code enforcement officer.
(4) If the code enforcement officer in training is not eligible for upgrade, the 
program administrator shall notify the code enforcement officer in training in 
writing of the reasons for deficiency and the additional experience or 
documentation needed to meet the minimum requirements for registration as a code 
enforcement officer.
sec.130.11. Code Enforcement Officer Registration.
(a) Purpose. The purpose of this section is to set out the code enforcement 
registration procedures of the Texas Department of Health (department).
(b) Issuance of registrations.
(1) The department will send each applicant whose application has been approved 
and who has passed the examination a code enforcement officer certificate and a 
registration identification card or a code enforcement officer in training 
certificate containing a registration number.
(2) A certificate of registration issued under this Act is valid for one year 
and may be renewed annually on payment of the required renewal fee.
(3) Any certificate of registration or identification card issued remains the 
property of the department and must be surrendered on demand of the department.
(c) Replacement certificate. The department will replace a lost, damaged, or 
destroyed certificate or identification card upon written request from a 
registrant and payment of the certificate and/or identification card replacement 
fee. The request shall include a statement detailing the loss or destruction of 
the original certificate or identification card or be accompanied by the damaged 
certificate or card.
(d) Name change. Before another registration certificate and identification card 
will be issued by the board, notification of name changes must be mailed to the 
department and shall include a duly executed affidavit and a notarized copy of a 
marriage certificate, court decree evidencing such change, or a copy of a Social 
Security card reflecting the new name. The registrant shall return any 
previously issued registration certificate and identification card and remit the 
certificate and/or identification card replacement fee as set out in sec.130.4 
of this title (relating to Fees).
sec.130.12. Code Enforcement Registration Renewal.
(a) Purpose. The purpose of this section is to set forth the rules governing 
registration renewal of code enforcement officers.
(b) General.
(1) A registrant must renew the registration annually.
(2) Each registrant is responsible for renewing the registration before the 
expiration date and shall not be excused from paying the reinstatement fee. 
Failure to receive notification from the department prior to the expiration date 
of the registration will not excuse failure to file for renewal or late renewal.
(3) The department will not renew the registration of the registrant who is in 
violation of the Act or this chapter at the time of application for renewal.
(4) Notices of renewal approval, disapproval, or deficiency shall be in 
accordance with sec.130.16 of this title (relating to Processing Applications).
(5) The department shall deny renewal of the registration of the registrant if 
renewal is prohibited by the Education Code, sec.57.491.
(c) Registration renewal.
(1) At least 30 days prior to the expiration date of a person's registration, 
the department will send notice to the registrant at the address in the 
department's records of the expiration date of the registration, the amount of 
the renewal fee due, and a renewal form which the registrant must complete and 
return to the department with the required renewal fee.
(2) The renewal form for all registrants shall require the provision of the 
preferred mailing address, primary employment address and telephone number, 
category of employment, and a statement of all misdemeanor and felony offenses 
for which the registrant has been convicted.
(3) A registrant has renewed the registration when the registrant has mailed the 
renewal form and the required renewal fee to the department prior to the 
expiration date of the registration. The postmark date shall be considered as 
the date of mailing.
(4) The department shall issue a registrant who has met all requirements for 
renewal a certificate and identification card.
(d) Late renewal.
(1) The department shall inform a person who has not renewed a registration 
within 30 days following the expiration of the registration of the amount of the 
renewal fee and reinstatement fee required for renewal and the date the 
registration expired.
(2) A person whose registration has expired for not more than one year may renew 
the registration by submitting to the department the registration renewal form, 
the renewal fee, and the reinstatement fee. The renewal must be mailed to the 
department not more than one year after the expiration date of registration. The 
postmark date shall be considered as the date of mailing.
(3) A person whose registration has been expired for more than one year may not 
renew. The person may obtain a new registration by complying with the then 
current requirements and procedures for obtaining a registration.
(e) Expiration of registration.
(1)  A person whose registration has expired may not claim to be a code 
enforcement officer or code enforcement officer in training or use the titles 
"code enforcement officer" or "code enforcement officer in training."
(2)  A person who fails to renew a registration is required to surrender the 
registration certificate and identification card to the department after 90 days 
from expiration of the registration or upon demand.
(f) Active duty. If a registrant fails to timely renew his or her registration 
because the registrant is or was on active duty with the armed forces of the 
United States of America serving outside the State of Texas, the registrant may 
renew the registration in accordance with this subsection.
(1) Renewal of the registration may be requested by the registrant, the 
registrant's spouse, or an individual having power of attorney from the 
registrant. The renewal form shall include a current address and telephone 
number for the individual requesting the renewal.
(2) Renewal may be requested before or after the expiration of the registration.
(3) A copy of the official orders or other official military documentation 
showing that the registrant is or was on active duty serving outside the State 
of Texas shall be filed with the department along with the renewal form.
(4) A copy of the power of attorney from the registrant shall be filed with the 
department along with the renewal form if the individual having the power of 
attorney executes any of the documents required in this subsection.
(5) A registrant renewing under this subsection shall pay the applicable renewal 
fee, but not the reinstatement fee.
sec.130.13. Grounds for Suspension or Revocation.  A certificate of registration 
may be suspended or revoked for the following reasons:
(1)  fraud or deceit in obtaining a certificate including:
(A)  presenting false information to the department on any initial application 
or document; or
(B) presenting false information to the department on any renewal document;
(2) gross negligence in the practice of code enforcement:
(A) as determined in the final judgment of a civil lawsuit; or
(B) as defined by case law;
(3) incompetency including:
(A) a determination of mental incompetency by a court;
(B)  commitment, emergency detention, or admission to a mental health facility 
under the Texas Mental Health Code; or
(C) any mental or physical condition which does not allow code enforcement to be 
performed with reasonable skill or safety; or
(4) misconduct in the practice of code enforcement including:
(A) presenting false information to the department in any investigation or 
disciplinary proceeding of the department;
(B) making deceptive, false, or misleading statements concerning:
(i)  professional qualifications or credentials;
(ii)  advertising for the registrant's services; or
(iii) the registrant's practice;
(C) failing to comply with an order issued by the department;
(D) consuming alcohol or taking controlled substances not prescribed by a 
licensed physician while on duty as a code enforcement officer;
(E) aiding or abetting the practice of an unregistered person when that person 
is required to be registered under the Texas Civil Statutes, Article 4447bb;
(F) verbally, physically, or sexually abusing or attempting to abuse an 
individual while on duty as a code enforcement officer;
(G) falsifying reports made as a code enforcement officer;
(H)  accepting or offering to accept any form of compensation for:
(i)  not reporting a hazard as required; or
(ii) correcting a hazard which was found while on duty as a code enforcement 
officer;
(I)  failing to report a crime when the report is required by law; or
(J)  failing to report another code enforcement officer or code enforcement 
officer in training who has violated the Act or this chapter.
sec.130.14. Registration of Persons with Criminal Backgrounds.
(a)  This section sets out the guidelines and criteria on the eligibility of 
persons with criminal backgrounds to obtain registration as a code enforcement 
officer or code enforcement officer in training.
(b) Criminal convictions which directly relate to the occupation of code 
enforcement shall be considered by the department as follows.
(1) The department may suspend or revoke an existing registration, disqualifying 
a person from receiving a registration, or deny a person the opportunity to be 
examined for a registration because of a person's conviction of a felony or 
misdemeanor if the crime directly relates to the duties and responsibilities 
under that registration.
(2) In considering whether a criminal conviction directly relates, the 
department shall consider:
(A) the nature and seriousness of the crime;
(B) the relationship of the crime to the purposes for requiring a registration 
as a code enforcement officer;
(C) the extent to which a registration might offer an opportunity to engage in 
further criminal activity of the same type as that in which the person 
previously had been involved; and
(D) the relationship of the crime to the ability, capacity, or fitness required 
to perform the duties and discharge the responsibilities of a code enforcement 
officer or code enforcement officer in training. In determining the present 
fitness of a person, the department shall consider the evidence described in 
Texas Civil Statutes, Article 6252-13c, sec.4(c).
(c) The following felonies and misdemeanors directly relate because these 
criminal offenses indicate an inability or a tendency for the person to be 
unable to perform or to be unfit for registration:
(1) the misdemeanor of violating the Texas Civil Statutes, Article 4447bb;
(2) a conviction relating to deceptive business practices;
(3) a misdemeanor or felony offense involving:
(A) bribery;
(B) forgery;
(C)  tampering with a governmental record;
(D) perjury;
(E)  burglary; or
(F) arson;
(4) a conviction for practicing another profession without a license, 
certificate, or registration required by state or federal law;
(5) a conviction relating to delivery, possession, manufacturing, or use of:
(A) controlled substances; or
(B)  dangerous drugs;
(6) a conviction involving moral turpitude;
(7) a misdemeanor or felony offense under various titles of the Texas Penal 
Code:
(A) Title 5 concerning offenses against the person;
(B) Title 7 concerning offenses against the property;
(C) Title 9 concerning offenses against public order and decency;
(D) Title 10 concerning offenses against public health, safety, and morals; or
(E)  Title 4 concerning offenses of attempting or conspiring to commit any of 
the offenses in this subsection; and
(8) other misdemeanors and felonies which indicate an inability or tendency for 
the person to be unable to perform as a registrant or to be unfit for 
registration if action by the department will promote the intent of the Act, 
this chapter, and Texas Civil Statutes, Article 6252-13c.
(d) Procedures for revoking, suspending, or denying a registration to persons 
with criminal backgrounds shall be as follows.
(1)  The administrator shall give a written notice to the person that the 
department proposes to deny the application or suspend or revoke the 
registration in accordance with the provisions of sec.130.13 of this title 
(relating to Violations, Complaints, and Disciplinary Actions).
(2) If the department denies, suspends, or revokes an application or 
registration under this section, the administrator shall give the person written 
notice:
(A)  of the reasons for the decision;
(B) that the person, after exhausting administrative appeals, may file an action 
in a district court of Travis County, for review of the evidence presented to 
the department and its decision;
(C) that the person must begin the judicial review by filing a petition with the 
court within 30 days after the department's action is final and appealable; and
(D) of the earliest date that the person may appeal.
sec.130.15. Violations, Complaints, Investigations, and Disciplinary Actions.
(a) Purpose. The purpose of this section is to set out:
(1) violations and prohibited actions under the Texas Civil Statutes, Article 
4447bb, and this chapter;
(2) procedures concerning complaints alleging violations of the Act or this 
chapter; and
(3) department actions against a person when violations have occurred.
(b) Compliance. A registrant or applicant must comply with the Act and this 
chapter.
(c)  Filing complaints.
(1) Any person may complain to the department alleging that a code enforcement 
officer, code enforcement officer in training, or another person has violated 
the Act or this chapter.
(2) A person wishing to file a complaint against a code enforcement officer or 
another person shall notify the department. The initial notification of a 
complaint may be in writing, by telephone, or by personal visit to the 
administrator's office.
(3) Upon receipt of a complaint, the administrator shall send to the complainant 
an acknowledgment letter and the department's complaint form, which the 
complainant must complete and return to the administrator before further action 
can be taken. If the complaint is made by visit to the administrator's officer, 
the form may be given to the complainant at that time; however, it must be 
completed and returned to the department before further action can be taken.
(4) Anonymous complaints may be investigated by the department if the 
complainant provides sufficient information.
(d) Investigation of complaints.
(1) The department may investigate any complaint.
(2)  If the administrator determines that the complaint does not come within the 
department's jurisdiction, the administrator shall advise the complainant and if 
possible, refer the complainant to the appropriate governmental agency for 
handling such a complaint.
(3) The department shall, at least as frequently as quarterly, notify the 
parties to the complaint of the status of the complaint until its final 
disposition.
(4) If the administrator determines that there are insufficient grounds to 
support the complaint, the program administrator shall dismiss the complaint and 
give written notice of the dismissal to the registrant or person against whom 
the complaint has been filed and the complainant.
(5) If the administrator determines that there are sufficient grounds to support 
the complaint, the administrator may propose to deny, suspend, revoke, or not 
renew a registration.
(e) Disciplinary actions.
(1) The department may deny an application or registration renewal or suspend or 
revoke a registration.
(2) Prior to institution of formal proceedings to revoke or suspend a 
registration, the department shall give written notice to the registrant of the 
facts or conduct alleged to warrant revocation or suspension, and registrant 
shall be given an opportunity, as described in the notice, to show compliance 
with all requirements of the Act and this chapter.
(3) If denial, revocation, or suspension of a registration is proposed, the 
department shall give written notice to the applicant or registrant that the 
application or registration must request, in writing, a formal hearing within 10 
days of receipt of the notice. The notice shall state the basis for the proposed 
action. Receipt of the notice is presumed to occur on the 10th day after the 
notice is mailed to the last address known to the department unless another date 
is reflected on a United States Postal Service return receipt.
(4) If no timely request for a hearing is received, the applicant or registrant 
is deemed to have waived the hearing and be in agreement with the allegations 
and proposed action.
(5) If the applicant or registrant fails to appear or be represented at the 
scheduled hearing, the person is deemed to be in agreement with the allegations 
and proposed action and to have waived the right to a hearing.
(6) If the hearing is waived, the application or registration shall be denied, 
suspended, or revoked by an order of the commissioner of health.
(7) The formal hearing shall be conducted according to the hearing procedures in 
sec.130.12 of this title (relating to Persons with Criminal Backgrounds), if 
applicable and the department's formal hearing procedures in Chapter 1 of this 
title (relating to Texas Board of Health).
(f) Denial, suspension, or revocation.
(1) The department shall suspend or revoke a certificate of registration issued 
under this Act if the department determines that the certificate holder engaged 
in fraud or deceit in obtaining a certificate or is grossly negligent, 
imcompetent, or guilty of misconduct in the practice of code enforcement.
(2) If the department suspends a registration, the suspension shall remain in 
effect until the administrator or the department determines that the reason for 
suspension no longer exists. The administrator or the department shall 
investigate prior to making a determination.
(3) During the time of suspension, the suspended registration holder shall 
return his or her registration certificate and identification card to the 
department.
(4)  If the suspension overlaps a registration renewal date, the suspended 
registration holder may comply with the renewal procedures in this chapter; 
however, the department may not renew the registration until the administrator 
determines that the reason for suspension no longer exists or the period of 
suspension is completed.
(5) If the department revokes or does not renew a registration, a person may 
apply for a registration by complying with the requirements and procedures in 
this chapter at the time of re-application. The department may refuse to issue a 
registration if the reason for revocation or nonrenewal continues to exist.
(6) Upon revocation, a registration holder shall return the registration 
certificate and identification card to the department.
sec.130.17. Exemptions.
(a) A person who is licensed or registered under another law of this state and 
who under the license or registration engages in code enforcement is not 
required to be registered under Texas Civil Statutes, Article 4447bb.
(b) This state or a political subdivision of this state is not required to 
employ a person registered under this Act if the state or political subdivision 
engages in code enforcement. However, if this state or a political subdivision 
of the state employs a person who uses the title "code enforcement officer," the 
person must be registered under this 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 February 25, 1992.
TRD-9202788
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Effective date: March 17, 1992
Proposal publication date: December 17, 1991
For further information, please call: (512) 834-6628
       
Chapter 325. Solid Waste Management
(Editor's Note: Senate Bill 2, First Called Session, 72nd legislature, 
transferred all the powers, duties, rights and obligation sof the Texas 
Department of Health (TDH) pertaining to the disposal of solid waste, the 
setting of sanitary standards for drinking water and the protection of public 
water supplies and bodies of water, the regulation of on-site sewage disposal 
systems, the administration of on-site wastewater treatment research, and the 
disposal of radioactive substances to the Texas Water Commission (TWC) effective 
March 1, 1992. The TWC has determined that several of TDH's procedural rules 
should not be recodified as they conflict with the TWC's current procedural 
regulations. Therefore, the following sections are being administratively 
repealed.)
  sec.325.55, sec.325.56
  sec.sec.325.91 - 325.95
  sec.325.111
  sec.sec.325.171 - 325.173
  sec.325.221 - 325.223
  sec.325.261
       
Chapter 337. Water Hygiene
Water Saving Performance Standards
25 TAC sec.sec.337.251-337.256, 337.260, 337.265, 327.266
The Texas Department of Health (department) adopts new  sec.sec.337.251-337.256, 
337.260, 337.265, and 327.266, concerning water saving performance standards. 
Sections 337.251, 337.253, and 337.255 are adopted with changes to the proposed 
text as published in the December 24, 1991, issue of the Texas Register (16 
TexReg 7628). Sections 337.252, 337.254, 337.256, 337.260, 337.266, and 337. 
265, are adopted without changes and will not be republished.
The new sections will implement Senate Bill 587, 72nd Legislature, 1991, 
concerning plumbing fixtures, and related labeling requirements, which became 
effective on September 1, 1991.
Comments on the proposal are as follows.
Concerning sec.337.251, there were no comments received, but the department 
added several definitions to clarify the proposed language.
Concerning sec.337.253(a)(1), several commenters stated that the American 
National Standards Institute did not certify testing facilities. The department 
agrees and has made appropriate changes.
Concerning sec.337.255, several commenters stated that the required fee was too 
high for the number of products they sold. The department disagrees; however, 
the department did modify the text for clarity.
The new sections are adopted under the Health and Safety Code, Chapter 421, 
which provides the Texas Board of Health with the authority to adopt rules 
concerning water saving performance standards; and sec.12.001, which provides 
the board with authority to adopt rules to implement its statutory duties.
sec.337.251. Purpose, Authority, and Definitions.
(a) Purpose. The purpose of these sections is to establish water saving 
performance standards and labeling requirements for sink and lavatory faucets, 
shower heads, drinking water fountains, urinals, toilets, and flushometer 
toilets that are manufactured, imported, or otherwise supplied for sale in the 
State of Texas, and to establish labeling requirements for commercial or 
residential clothes-washing and dishwashing machines and lawn sprinklers to 
assist the consumer in making an informed purchasing decision. These sections 
apply to manufacturers, importers, and major suppliers of plumbing fixtures, who 
sell, offer for sale, distribute, or import plumbing fixtures into the state. 
These sections do not apply to plumbing fixtures manufactured in the state for 
sale outside of the State.
(b) Authority. The authority for these sections is the Health and Safety Code, 
Chapter 421, titled, "Water Saving Performance Standards."
(c)  Definitions. The following words and terms, when used in these sections, 
shall have the following meanings, unless the context clearly indicates 
otherwise.
   ANSI-The American National Standards Institute.
   Board-The Board of Health.
   Commissioner-The commissioner of health.
   Department-The Texas Department of Health.
   Importer-A business or individual that brings into the state plumbing 
fixtures from other countries or states for resale or installation (other than 
for their own domicile) within the state.
   Major supplier -A business or individual that provides plumbing fixtures to 
others for resale or installation (other than for their own domicile) within the 
state.
   Manufacturer-Someone that makes plumbing fixtures.
   Order-A request to purchase plumbing fixtures from a manufacturer, major 
supplier, or importer with a merchandise delivery date not to exceed 90 days 
from the date of the request.
   Plumbing fixture -A sink faucet, lavatory faucet, faucet aerator, shower 
head, urinal, toilet, flush valve toilet, or drinking water fountain.
   Toilet-A toilet or water closet except a wall mounted toilet that employs a 
flushometer valve.
   APTRA-The Administrative Procedure and Texas Register Act, Texas Civil 
Statutes, Article 6252-13a.
sec.337.253. Plumbing Fixture List.
(a) The Texas Department of Health (department) shall make and maintain a 
current list of plumbing fixtures that are certified to the department by the 
manufacturer or importer to meet the water saving performance standards 
established by  sec.337.252(b) of this title (relating to Design Standards). To 
have a plumbing fixture included on the department's current list, a 
manufacturer or importer must:
(1) furnish identification method and testing data which clearly indicates that 
the plumbing fixture was tested in accordance with American National Standards 
Institute requirements and complies with the flow requirements established in 
sec.337.252(b) .
(2) submit an identified sample plumbing fixture to the department for testing 
and verification of water saving performance standards by the department; and
(3) pay the appropriate fee as listed in sec.337.255 of this title (relating to 
Fees).
(b) The department retains the right to request a sample of the plumbing fixture 
for testing.
sec.337.255. Fees.  An initial fee of $50 per plumbing fixture model will be 
assessed for certification review, inspection, identification, and listing by 
the Department of Health (department). An annual renewal fee of $25 per plumbing 
fixture will also be assessed for maintenance of current listing. This fee will 
be payable to the department by the manufacturer or importer of the listed 
plumbing fixture before October 31 of each year.
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 February 25, 1992.
TRD-9202786
Robert A. MacLean, M.D.
Deputy Commissioner
Texas Department of Health
Effective date: March 17, 1992
Proposal publication date: December 24, 1991
For further information, please call: (512) 458-7533
       
Part VIII. Interagency Council on Early Childhood Intervention
Chapter 621. Early Childhood Intervention Program
Early Childhood Intervention Advisory Committee
25 TAC sec.sec.621.61-621.64
The Interagency Council on Early Childhood Intervention (council) adopts new 
sec.sec.621.61-621.64. Sections 621.62-621.64 are adopted with changes to the 
proposed text as published in the September 27, 1991, issue of the Texas 
Register (16 TexReg 5316). Section 621.61 is adopted without changes and will 
not be republished.
The new sections will implement the provisions of House Bill 7, sec.5.18, First 
Called Session, 72nd Legislature, 1991, and Public Law 102-119 (formerly Public 
Law 99-457), which became effective in October 1991, that the council establish 
the size and composition of an advisory committee to assist the council in the 
performance of its duties. The sections will cover the advisory committee's 
purpose, size, composition, terms of office, duties, and procedures.
There were no public comments received; however, the council itself made changes 
due to the requirements of Public Law 102-119. The proposed sec.sec.621. 61-
621.64 were changed to meet Public Law 99-457 requirements which were required 
before the Early Childhood Intervention Program could receive fifth year 
funding. During the proposal period; however, the council had to make changes to 
the final rules to comply with the requirements of Public Law 102-119.
Concerning sec.621.62(a), the council increased the size of the advisory 
committee to 22 members to allow the addition of new members required by Public 
Law 102-119 and to increase the number of parent representatives. This amendment 
and related changes to the subsection ensures that the advisory committee is in 
full compliance with all applicable federal regulations in size and composition.
Concerning sec.621.62(b)(1)(A)-(D), the council amended the subparagraphs to 
ensure that the advisory committee is in full compliance with all applicable 
federal regulations in size and composition.
Concerning sec.621.62(b)(1)(E), the council added a member of the Texas 
Department of Insurance to the advisory committee because Public Law 102-119 
requires "at least one member must be from the agency responsible for the state 
governance of insurance especially in the area of health insurance."
Concerning sec.621.62(b)(1)(E), the council added the following sentence in 
order to fulfill the requirements of Public Law 102-119: "That the state 
education agency member must be responsible for preschool services to children 
with developmental disabilities."
Concerning sec.621.62(b)(1)(A)-(D), the council added the phrase "at least" to 
be consistent with the language of Public Law 102-119.
Concerning sec.621.62(b)(2), the council made editorial change to ensure that 
the advisory committee is in full compliance with all applicable federal 
regulations.
Concerning sec.621.62(b)(2), the council changed the duty of appointing the ex 
officio member on the advisory committee to comply with Public Law 102-119.
Concerning sec.621.62(c), the council amended the subsection to have it comply 
with the increased size of the advisory committee.
Concerning sec.621.62(d), the council changed the duty of appointing the 
advisory chairperson to comply with Public Law 102-119.
Concerning sec.621.63(a)(2)-(3), the council added these two paragraphs 
concerning advisory committee duties to ensure that services are coordinated 
between the council and the Texas Education Agency for services for children 
from birth through five. The addition of paragraphs (2) and (3) ensures that the 
advisory committee is in full compliance with all applicable federal 
regulations. The remaining paragraphs have been renumbered.
Concerning sec.621.63(d)(1), the council added the phrase "with assistance from 
the council" to ensure that the advisory committee is in full compliance with 
all applicable federal regulations.
Concerning sec.621.64(f), the council amended this subsection to be consistent 
with Texas State Appropriations Act, Article V.
The new sections are adopted under the Human Resources Code (Code), sec.73.004, 
as amended by House Bill 7, sec.5.18, First Called Session, 72nd Legislature, 
1991, which provides the council with the authority to establish the size and 
composition of an advisory committee to assist the council, consistent with 
federal regulations and state rules, and Public Law 102-119 covering the size 
and composition of the advisory committee to the council.
sec.621.62. Size, Composition, and Terms of Office.
(a) Size. The advisory committee shall consist of 22 members which the governor 
shall appoint.
(b) Composition. The advisory committee shall be composed as follows.
(1) Official members, which include:
(A) at least seven members must be parents, including minority parents of 
infants or toddlers with developmental disabilities or children with 
developmental disabilities aged 12 or younger, with knowledge of, or experience 
with, programs for infants and toddlers with developmental disabilities. At 
least one such member shall be a parent of an infant or toddler with a 
developmental disability or a child with a developmental disability aged six or 
younger;
(B) at least five members must be public or private providers of early childhood 
intervention services, one of whom is an early childhood consultant and a 
provider of birth to three services in an educational service center;
(C) at least one representative from the Texas Legislature;
(D) at least one person involved in personnel preparation;
(E) one member from the Texas Department of Public Health, the Texas Mental 
Health and Mental Retardation, the Texas Department of Human Services, the Texas 
Education Agency, and the Texas Department of Insurance who have sufficient 
authority to engage in policy planning and implementation on behalf of their 
agency. The Texas Education Agency member must be responsible for preschool 
services to children with developmental disabilities;
(F) a physician, preferably a pediatrician who deals with children with 
developmental disabilities;
(G) a public health professional who deals with children with developmental 
disabilities; and
(H) a professional advocate of the rights of young children with developmental 
disabilities.
(2) Ex officio members may be appointed by the council to perform specific, 
time-limited tasks as needed. Ex officio members may not vote.
(c) Terms of office. Official advisory committee members shall serve for six 
year terms of office, with the terms of seven members expiring every two years 
except on the third two year cycle when terms of eight members will expire. 
Terms will expire on February 1 of each odd number year.
(d) Chairperson. The advisory committee shall appoint the chairperson of the 
advisory committee to serve for a term of two years.
sec.621.63. Advisory Committee Duties.
(a) The advisory committee shall:
(1) advise and assist the Interagency Council on Early Childhood Intervention 
(council) in the development and implementation of the policies that constitute 
the statewide system;
(2) advice and assist the Texas Education Agency (TEA) regarding the transition 
of toddlers with developmental disabilities to services provided under Public 
Law 102-119, Part B, to the extent such services are appropriate;
(3) advise and assist the council and TEA regarding the provision of appropriate 
services for children aged birth to five, inclusive;
(4) assist the council in achieving the full participation, coordination, and 
cooperation of all appropriate public agencies in the state; and
(5) assist the council in the effective implementation of the statewide system, 
by establishing a process that includes:
(A) seeking information from service providers, case managers (service 
coordinator), parents, and others about any federal, state, or local policies 
that impede timely service delivery; and
(B) taking steps to ensure that any identified policy problems are resolved; and
(6) to the extent appropriate, assist the council in the resolution of disputes.
(b) The advisory committee shall advise and assist the council in the:
(1)  identification of sources of fiscal and other support for services for 
early intervention programs under this chapter;
(2) assignment of financial responsibility to the appropriate agency; and
(3) promotion of the interagency agreements.
(c) The advisory committee shall advise and assist the council in the 
preparation of applications under this chapter, and amendments to those 
applications.
(d) The advisory committee shall:
(1) with assistance from the council prepare an annual report to the governor 
and to the Secretary of the United States Department of Education (secretary) on 
the status of early intervention programs operated within the state for children 
eligible under this chapter and their families; and
(2)  submit the report to the secretary by a date that the secretary 
establishes.
(e) Each annual report must contain the information required by the secretary 
for the year for which the report is made.
sec.621.64. Advisory Committee Procedures.
(a) Notice, frequency, and location of meetings.
(1) All advisory committee meetings are subject to the Texas Open Meetings Act 
(Act), Texas Civil Statutes, Article 6252-17a. Written notice of the date, time, 
place, and subject of each meeting shall be posted with the Texas Register 
Division, Secretary of State's Office, as required by the Act.
(2) The executive director, Early Childhood Intervention Program, shall send a 
copy of the notice of each meeting to each advisory committee member at least 
one week prior to the meeting.
(3) Meetings will be held at least quarterly and generally will be held in 
Austin.
(b) Robert's Rules of Order. All meetings will be conducted according to 
Robert's Rules of Order, except that:
(1) the chairperson may vote on any action as any other advisory committee 
member, and in case of a tie vote the chairperson's vote will be the tiebreaker; 
and
(2) all actions taken by the advisory committee must be approved by a majority 
vote of the members present at the meeting.
(c) Public participation. All requests from the public to participate in 
advisory committee meetings must be submitted to the chairperson for his/her 
determination as to whether participation will be allowed, and if so, to what 
extent.
(d) Absence of chairperson. If the chairperson will be absent from a meeting, 
he/she may designate another member to act as chairperson and to have all powers 
and responsibilities of the chairperson for that meeting.
(e) Per diem. Official and ex officio members who attend meetings may be 
reimbursed for expenses for meals, lodging and transportation as established in 
Article V of the current Texas State Appropriations Act.
(f) Interpreters. Interpreters for persons who are deaf and other necessary 
services must be provided at the advisory committee meeting, both for advisory 
committee members and participants.
(g) Conflict of interest. No advisory committee members may vote on any subject 
at a meeting which would provide direct financial benefit to that member or 
otherwise give the appearance of a conflict of interest.
(h) Absences from meetings. The Interagency Council on Early Childhood 
Intervention may recommend to the governor the removal of any advisory committee 
member who is absent from more than half of the regularly scheduled meetings of 
the advisory committee that the member is eligible to attend during each 
calendar year or is absent from more than two consecutive regularly scheduled 
meetings that the member is eligible to attend.
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 February 20, 1992.
TRD-9202570
Austin R. Kessler
Chairperson
Interagency Council on Early Childhood Interventions
Effective date: March 12, 1992
Proposal publication date: September 27, 1991
For further information, please call: (512) 458-7673
       
TITLE 31. NATURAL RESOURCES AND CONSERVATION
Part II. Parks and Wildlife Department
Chapter 57. Fisheries
Exotic Shellfish Culture Permits
31 TAC sec.sec.57.191-57.193
The Parks and Wildlife Commission in a regularly scheduled public hearing on 
January 23, 1992, adopted the repeal of 31 TAC sec.sec.57.191-57.193 concerning 
Exotic Shellfish Culture Permits, without changes to the proposed text as 
published in the December 20, 1991, issue of the Texas Register  (16 TexReg 
7451). These rules were promulgated under the authority of Chapter 51 of the 
Parks and Wildlife Code. However, this Chapter was repealed by the 72nd 
Legislature and 31 TAC sec.sec.57.191-57.193, therefore, lacked current 
statutory authority.
The statutory authority for these rules was repealed by the 72nd Texas 
Legislature repealed rules.
The repeals will allow greater clarity by permitting the agency to consolidate 
all rules concerning exotic shellfish in one section.
No comments were received regarding adoption of the repeals.
The repeal is adopted under the authority of Parks and Wildlife Code sec.66. 007 
which permit the Commission to promulgate rules regulating harmful or 
potentially harmful exotic fish, shellfish and aquatic plants.
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 February 21, 1992.
TRD-9202663
Paul M. Shinkawa
Director, Legal Services
Texas Parks and Wildlife Department
Effective date: March 13, 1992
Proposal publication date: December 20, 1991
For further information, please call: 1-800-792-112, ext. 4863 or (512) 389-4643
       
Shellfish Sourcing Permit, Issuance Procedures
31 TAC sec.sec.57.201-57.203
The Parks and Wildlife Department adopts the repeal of  sec.sec.57.201-57.203 
concerning shellfish sourcing permit issuance procedures without changes to the 
proposed text as published in the December 20, 1992, issue of the Texas Register 
(16 TexReg 7451). These rules were promulgated under the authority of Chapter 51 
of the Parks and Wildlife Code. However, this Chapter was repealed by the 72nd 
Legislature and these rules, therefore, lacked current statutory authority.
The statutory authority for these rules was repealed by the 72nd Texas 
Legislature.
Repeal of these sections will remove rules which no longer have statutory 
authority from the Texas Administrative Code.
Repeal of these sections will remove rules which no longer have statutory 
authority from the Texas Administrative Code.
No comments were received regarding adoption of the repeals.
The repeals are adopted under the authority of Chapter 77, Parks and Wildlife 
Code, which permit the commission to adopt rules that regulate take and 
possession of shrimp.
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 February 21, 1991.
TRD-9202665
Paul M. Shinkawa
Director, Legal Services
Parks and Wildlife Department
Effective date: March 13, 1992
Proposal publication date: December 20, 1991
For further information, please call: 1-800-792-1112, ext. 4863 or (512) 389-
4863
       
Roughfish Removal, Permit Application
31 TAC sec.sec.57.211-57.220
The Parks and Wildlife Commission adopts the repeal of  sec.sec.57.211-57.220 
concerning roughfish removal permits, without changes to the proposed text as 
published in the December 17, 1991, issue of the Texas Register  (16 TexReg 
7315). These rules were promulgated under the authority of sec.66.113, and 
sec.sec.66.115-66.118 of the Parks and Wildlife Code. However, these sections 
were repealed by the 72nd Legislature and 31 TAC sec.sec.57.211-57.220, 
therefore, lacked current statutory authority.
The statutory authority for these rules was repealed by the 72nd Texas 
Legislature repealed rules.
The repeals will allow greater clarity by permitting the agency to consolidate 
all rules concerning non-game fish in one Chapter.
No comments were received regarding adoption of the repeals.
The repeals are adopted under the authority of the Parks and Wildlife Code, 
Chapter 67 which authorizes the commission to promulgate rules regulating 
Nongame Species.
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 February 21, 1991.
TRD-9202664
Paul M. Shinkawa
Director, Legal Services
Texas Parks and Wildlife Department
Effective date: March 13, 1992
Proposal publication date: December 17, 1991
For further information, please call: 1-800-792-1112, ext. 4643 or (512) 389-
4643
       
Collection of Broodfish from Public Waters of Texas
31 TAC sec.sec.57.391-57.401
The Texas Parks and Wildlife Commission in a regularly scheduled public hearing 
on January 23, 1992, adopted new 31 TAC sec. sec.57.391-57.401 concerning 
collection of fish broodstock from the public waters of Texas, without changes 
to the proposed text as published in the December 20, 1991, issue of the Texas 
Register (16 TexReg 7451).
The new sections as adopted implement language contained in Senate Bill 726, 
passed in regular session of the 72nd Legislature, which delegated to the Parks 
and Wildlife Commission rulemaking authority for permitting the collection of 
broodfish from public waters.
The new sections as adopted will allow collection of fish species, other than 
bass of the genus Micropterus and crappie of the genus Pomoxis, for use by Texas 
aquaculturists as broodfish. The rules establish a permitting system, a $25 
permit fee, a reporting system, and set the value of fish collected by an 
aquaculturist. The rules as adopted will provide substantive protection of the 
state's natural resources while allowing growth of the aquaculture industry.
One public comment was received by the department regarding these rules. No 
comments were received in opposition to the proposed rules. Comment about the 
rules were in support of the rules as proposed.
The Texas Aquaculture Association made comments for the rules as proposed.
The agency had no disagreement with the public comment.
The new sections are adopted under the Parks and Wildlife Code, sec.sec.43. 551-
93.554, which authorizes the department to regulate take of broodfish from 
public waters.
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 February 21, 1992.
TRD-9202666
Paul M. Shinkawa
Director, Legal Services
Texas Parks and Wildlife Department
Effective date: March 13, 1992
Proposal publication date: December 20, 1991
For further information, please call: 1-800-792-1112, ext. 4642 or (512) 389-
4642
       
Part IX. Texas Water Commission
(Editor's Note: Senate Bill 2, First Called Session, 72nd Legislature, 
transferred all the powers, duties, rights and obligations of the Texas 
Department of Health (TDH) pertaining to the disposal of solid waste, the 
setting of sanitary standards for drinking water and the protection of public 
water supplies and bodies of water, the regulation of on-site sewage disposal 
systems, the administration of on-site sewage disposal systems, the 
administration of on-site wastewater treatment research, and the disposal of 
radioactive substances to the Texas Water Commission (TWC), effective March 1, 
1992. The Texas Register is administratively transferring these rules from Title 
25, Part 1. Texas Department of Health to Title 31, Part IX, Texas Water 
Commission. However, the TWC has determined that several of TDH's procedural 
rules should not be recodified as they conflict with the TWC's current 
procedural regulations. It is the TWC's intention that its existing procedural 
rules apply to the newly transferred programs.
The following table illustrates the rule numbers under Title 25 (first set of 
rule numbers) and the new corresponding numbers under Title 31 (second set of 
rule numbers). The subchapters and undesignated heads listed below are TWC's 
designation. The text of these rules will be published in the Texas Register in 
the March 6, 1992 issue.)
Chapter 301. On-Site Wastewater Treatment to
Chapter 285. On-Site Wastewater Treatment
General Procedures and Information
  sec.sec.301.11 - 301.18   sec.sec.285.11 - 285.18
Design Criteria for Sewerage Systems
  sec.sec.301.51 - 301.63   sec.sec.285.51 - 285.63
Administrative Requirements for On-Site Sewerage
  sec.sec.301.101-301.109  sec. sec.285.101-285.109
Chapter 901. On-Site Wastewater Treatment Research Council to
Chapter 286. On-Site Wastewater Treatment Research Council
Subchapter A. The Council
  sec.sec.901.1 - 901.15   sec.sec.286.1 - 286.15
Subchapter B. Grants
  sec.sec.901.31 - 901.34   sec.sec.286.31 - 286.34
  sec.sec.901.51 - 901.53   sec.sec.286.51 - 286.53
  sec.sec.901.71 - 901.74   sec.sec.286.71 - 286.74
  sec.sec.901.91 - 901.97   sec.sec.286.91 - 286.97
  sec.sec.901.111-901.114 sec.sec.286.111- 286.114
  sec.901.131         sec.286.141
Chapter 337. Water Hygiene to
Chapter 290. Water Hygiene
Drinking Water Standards Governing Drinking Water Quality and Reporting 
Requirements for Public Water Supply Systems
  sec.sec.337.1 - 337.11   sec.sec.290.1 - 290.11
  sec.sec.337.13 - 337.17   sec.sec.290.12 - 290.16
  sec.sec.337.19 - 337.21   sec.sec.290.17 - 290.19
Certification of Person to Install, Exchange, Service, or Repair Residentail 
Water Treatment Facilities
  sec.sec.337.31 - 337.37   sec.sec.290.20 - 290.27
Certification of Waterworks Personnel
  sec.sec.337.51 - 337.60   sec.sec.290.28 - 290.36
Permit Application
  sec.337.131    sec.290.37

Public Water Systems
  sec.sec.337.251-337.256 sec.sec.290.251-290.256
  sec.337.260    sec.290.260
  sec.337.265, sec.337.266  sec.290.265, sec.290.266
Chapter 325. Solid Waste Management to
Chapter 330. Municipal Solid Waste
Subchapter A. General Information
  sec.sec.325.1 - 325.8   sec.sec.330.1 - 330.8
Subchapter B. Municipal Solid Waste Storage
  sec.sec.325.21 - 325.25   sec.sec.330.21 - 330.25
Subchapter C. Municipal Solid Waste Collection and Transporation
  sec.sec.325.31 - 325.34   sec.sec.330.31 - 330.34
Subchapter D. Classification of Municipal Solid Waste Sites
  sec.325.41, sec.325.42   sec.330.41, sec.330.42
Subchapter E. Permit Procedures and Design Criteria
  sec.sec.325.51 - 325.54   sec.sec.330.51 - 330.54
  sec.sec.325.57 - 325.62   sec.sec.330.55 - 330.60
  sec.325.64    sec.330.61
  sec.sec.325.71 - 325.76   sec.sec.330.62 - 330.67
Subchapter F. Operational Standards for Solid Waste Land Disposal Sites
  sec.sec.325.112-325.114 sec.sec.330.112-330.114
  sec.sec.325.121-325.124  sec. sec.330.121-330.124
  sec.325.131    sec.330.131
  sec.sec.325.132-325.155  sec. sec.330.132-330.155
Subchapter G. Operational Standards for Solid Waste Processing and Experimental 
Sites
  sec.sec.325.181-325.190  sec. sec.330.171-330.180
Subchapter I. Variances
  sec.325.231    sec.330.231
Subchapter J. County Governments with Licensing Authority
  sec.sec.325.241-325.243  sec. sec.330.241-330.243
Subchapter L. Hazardous Household Waste
  sec.sec.325.271-325.282  sec. sec.330.271-330.282
Subchapter M. Solid Waste Technician Training and Certification Program
  sec.sec.325.381-325.391  sec. sec.330.381-330.391
Subchapter N. Management of Sludges and Similar Wastes
  sec.sec.325.411-325.415  sec. sec.330.411-330.415
  sec.325.431, sec.325.432  sec.330.431, sec.330.432
  sec.sec.325.441-325.449  sec. sec.330.441-330.449
  sec.sec.325.461-325.465  sec. sec.330.461-330.465
  sec.sec.325.481-325.484  sec. sec.330.481-330.484
  sec.sec.325.501-325.504  sec. sec.330.501-330.504
  sec.sec.325.511-325.514  sec. sec.330.511-330.514
  sec.sec.325.531-325.534  sec. sec.330.531-330.534
Subchapter O. Guidelines for Regional and Local Solid Waste Management Plans
  sec.sec.325.561-325.568  sec. sec.330.561-330.568
Subchapter P. Fees and Reports for Facilities
  sec.sec.325.601-325.603  sec. sec.330.601-330.603
  sec.sec.325.621-325.623  sec. sec.330.621-330.623
  sec.sec.325.631-325.633  sec. sec.330.631-330.633
  sec.sec.325.641-325.643  sec. sec.330.641-330.643
Subchapter Q. Memoranda of Agreement and Joint Rules with Other Agencies
  sec.sec.325.701-325.706  sec. sec.330.701-330.706
  sec.325.721, sec.325.731  sec.330.721, sec.330.731
Subchapter R. Management of Used and Scrap Tires
  sec.sec.325.801-325.803  sec. sec.330.801-330.803
  sec.sec.325.805-325.809  sec. sec.330.804-330.808
  sec.sec.325.811-325.818  sec. sec.330.809-330.816
  sec.sec.325.821-325.828  sec. sec.330.817-330.824
  sec.sec.325.831-325.848  sec. sec.330.825-330.842
  sec.sec.325.851-325.856  sec. sec.330.843-330.848
  sec.sec.325.861-325.867  sec. sec.330.849-330.855
  sec.sec.325.871-325.878  sec. sec.330.856-330.863
  sec.325.881    sec.330.864
Subchapter S. Assistance Grants and Contracts
  sec.sec.325.890-325.897  sec. sec.330.890-330.897
Subchapter X. Forms and Documents
  sec.sec.325.900-325.909  sec. sec.330.900-330.909
  sec.sec.325.911-325.918  sec. sec.330.911-330.918
Subchapter Y. Medical Waste Management
  sec.sec.325.1001-325.1009  sec. sec.330.1001-325.1009
Subchapter Z. Waste Minimization and Recyclable Materials
  sec.sec.325.1051-325.1054  sec. sec.330.1051-330.1054
  sec.sec.325.1101-325.1109 sec.330.1101-330.1109
  sec.sec.325.1141-325.1152 sec.330.1141-330.1152
       
TITLE 34. PUBLIC FINANCE
Part I. Comptroller of Public Accounts
Chapter 3. Tax Administration
Subchapter Q. Franchise Tax
34 TAC sec.sec.3.391-3.395, 3.398-3.400, 3.404, 3.409, 3.414, 3.417
The Comptroller of Public Accounts adopts the repeal of  sec.sec.3.391-3.395, 3. 
398-3.400, 3.404, 3.409, 3.414, and 3.417, concerning franchise tax, text as 
published in the December 27, 1991, issue of the Texas Register  (16 TexReg 
7704).
The sections are being repealed in order that they can be adopted under Texas 
Administrative Code, Title 34, Part I, Chapter 3, Subchapter V.
No comments were received regarding adoption of the repeals.
The repeals are adopted under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
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 February 24, 1992.
TRD-9202714
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: March 16, 1992
Proposal publication date: December 27, 1991
For further information, please call: (512) 463-4028
       
34 TAC sec.sec.3.541-3.543, 3.545-3.547, 3.550, 3.552-3.554, 3.570, 3.574
The Comptroller of Public Accounts adopts new sec.sec.3.541-3.543, 3.545-3.547, 
3.550, 3.552-3.554, 3.570, and 3.574, concerning franchise tax, without changes 
to the proposed text as published in the December 27, 1991, issue of the Texas 
Register (16 TexReg 7706).
The new sections replace 34 TAC, Subchapter Q, which is being repealed in order 
that it can be adopted under Texas Administrative Code, Title 34, Part I, 
Chapter 3, Subchapter V.
No comments were received regarding adoption of the new sections.
The new sections are adopted under Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
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 February 24, 1992.
TRD-9202713
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: March 16, 1992
Proposal publication date: December 27, 1991
For further information, please call: (512) 463-4028
       
Subchapter V. Franchise Tax
34 TAC sec.3.561
The Comptroller of Public Accounts adopts new sec.3.561, concerning enterprise 
zones, with changes to the proposed text as published in the December 27, 1991, 
issue of the Texas Register (16 TexReg 7706).
The new section sets out guidelines for corporations eligible for refunds and 
tax base reductions in accordance with legislation on enterprise zones.
Comments on the new section were received from the law firm of Johnson and Gibbs 
of Austin. They pointed out that subsections (i) and (j) appeared to be in 
direct conflict. Subsection (i) allows enterprise projects to file amended 1992 
tax returns after August 31, 1993, to receive its 1992 franchise tax benefit. 
Subsection (j) does not. The firm felt that subsection (i) was the correct 
interpretation of the Tax Code and requested that subsection (j) be deleted from 
the adopted rule. The comptroller agreed and complied.
Another change may be found in subsection (g)(1). The sentence in the paragraph 
that read "The corporation's 1992 annual report (based on its June 10, 1991, 
fiscal year end) would be the first report in which it would be eligible for a 
taxable capital deduction under the Tax Code, sec.171.1015" was corrected. The 
date should have been June 30, 1991, instead of June 10, 1991.
The new section is adopted under the Tax Code, sec.111.002, which provides the 
comptroller with the authority to prescribe, adopt, and enforce rules relating 
to the administration and enforcement of the provisions of the Tax Code, Title 
2.
sec.3.561. Enterprise Zones.
(a) Except as otherwise provided in this section, the provisions of this section 
apply to franchise tax reports originally due on or after September 1, 1991.
(b) The following words and terms, when used in this section, shall have the 
following meanings, unless the context clearly indicates otherwise.
(1) Enterprise project-A qualified business designated by the Texas Department 
of Commerce as an enterprise project under the Texas Enterprise Zone Act (Texas 
Civil Statutes, Article 5190.7) that is eligible for the state tax incentives 
provided by law for an enterprise project.
(2) Enterprise zone-An area of the state designated by the Texas Department of 
Commerce as an enterprise zone under the Texas Enterprise Zone Act (Texas Civil 
Statutes, Article 5190.7).
(3)  New job-A new employment position that is:
(A) created by a qualified business that has provided employment to a qualified 
employee of at least 1,040 hours annually; and
(B) intended to be an employment position retained during the period the 
business is designated as an enterprise project.
(4) Qualified business-A person, including a corporation or other entity, that 
the Texas Department of Commerce certifies has met the necessary criteria 
specified under the Texas Enterprise Zone Act (Texas Civil Statutes, Article 
5190.7).
(5) Qualified employee-An employee who works for a qualified business and who 
performs at least 50% of his service for the business within the enterprise 
zone.
(6) Qualified investment-Capital equipment or other investment that qualifies 
for depreciation for federal income tax purposes and that is placed in service 
in the enterprise zone not earlier than the 90th day before the date of 
designation as an enterprise project. The investment must be used in the normal 
course of business in the enterprise zone and must not be removed from the zone, 
except for repair and maintenance.
(c) A corporation may apply for a refund under the Tax Code, sec.171.501, each 
year that it is certified as eligible for refund by the Texas Department of 
Commerce.
(d) The comptroller shall issue a refund under the Tax Code, sec.171.501, after 
receiving certification from the Texas Department of Commerce that a qualified 
business has created 10 or more new jobs for qualified employees in its 
enterprise zone. The 10 or more new jobs must have been created during the 
calendar year containing the accounting year end on which the franchise tax 
report is based. For example, a corporation with a June 30, 1992, accounting 
year end would be eligible for a refund of franchise tax paid on its 1993 annual 
report if 10 or more new jobs are created during the 1992 calendar year.
(e) If a corporation is eligible for a refund under the Tax Code, sec.171.501, 
on its initial report and that report includes a regular annual period, the 
corporation will be entitled to two refunds:
(1) a refund for the initial and second periods; and
(2) a refund for the regular annual period.
(f) Claims for refund under this section must be on the form provided by the 
comptroller for that purpose. The claim must indicate the report year in which 
franchise tax was paid. The claim must include certification from the Texas 
Department of Commerce that 10 or more new jobs have been created during the 
applicable calendar year.
(g) A corporation that the Texas Department of Commerce has certified to be a 
qualified business eligible for a tax deduction may elect to reduce either its 
apportioned taxable capital or apportioned taxable earned surplus in accordance 
with the Tax Code, sec.171.1015, on each report based on a fiscal year during 
all or part of which the corporation is designated an enterprise project. An 
election for an initial period applies to the second tax period and to the first 
regular annual period. This requirement is applicable to the first regular 
annual period whether it is included in the corporation's initial report or 
first annual report. Otherwise, the election will not be binding on the 
corporation for future reports.
(1) The deduction from apportioned taxable capital is limited to 50% of the 
depreciated value of qualified investments. For example, a corporation with a 
June 30 fiscal year end is designated as an enterprise project on January 3, 
1991. The corporation's 1992 annual report (based on its June 30, 1991, fiscal 
year end) would be the first report in which it would be eligible for a taxable 
capital deduction under the Tax Code, sec.171.1015. The deduction would apply to 
qualified investments placed in service in the enterprise zone on or after 
January 3, 1991.
(2)  The deduction from apportioned taxable earned surplus is limited to 5.0% of 
the depreciated value of qualified investments. For example, a corporation with 
a June 30 fiscal year end is designated as an enterprise project on January 3, 
1991. The corporation would be eligible for the earned surplus deduction on its 
1992 annual report (based on its June 30, 1991, fiscal year end) under the Tax 
Code, sec.171.1015. The deduction would apply to qualified investments placed in 
service in the enterprise zone on or after January 3, 1991.
(h) A corporation must retain records substantiating its apportioned taxable 
capital or apportioned earned surplus deduction. The records must be verifiable 
by audit and include copies of invoices showing the items purchased, the date of 
purchase, and the cost of the purchase. The records must also reflect the 
depreciated value of the items purchased and show that these items were placed 
in service in the zone after the corporation's designation as an enterprise 
project.
(i)  A corporation receiving its enterprise project designation after August 31, 
1991, cannot claim a tax base deduction under the Tax Code, sec.171.1015, until 
after August 31, 1993. For example, a corporation with a November 30, 1991, 
fiscal year end is designated an enterprise project on September 30, 1991. The 
corporation could not claim the tax base deduction on its 1992 report until 
after August 31, 1993. An amended report would have to be filed at that time.
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 February 20, 1992.
TRD-9202598
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: March 12, 1992
Proposal publication date: December 27, 1991
For further information, please call: (512) 463-4028
       
Subchapter X. Pari-Mutuel Wagering Racing Revenue
34 TAC sec.3.641
The Comptroller of Public Accounts adopts an amendment to sec.3.641, concerning 
pari-mutuel wagering, with changes to the proposed text as published in the 
January 17, 1992, issue of the Texas Register (17 TexReg 390).
The purpose of the amendment is to revise and clarify the responsibilities of 
horse and greyhound racing associations licensed by the Texas Racing Commission 
with regard to collection, deposit, reporting, and accounting for the state 
portion of pari-mutuel wagering revenues and related funds; minimum standards 
for pari-mutuel wagering equipment used to compute the state share of pari-
mutuel wagering revenues to reflect amendments to the Texas Racing Act enacted 
by the 72nd Legislature, 1991.
The first change occurs in subsection (b)(1)(C) where the reference to "sending 
track" was changed to "sending association." The second change is in subsection 
(g) and relates to the notification of live and simulcast race dates to the 
comptroller.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 179e, sec.4.03, 
which provide the comptroller with the authority to adopt rules relating to the 
administration and enforcement of the provisions of the Texas Racing Act.
sec.3.641. Pari-Mutuel Wagering.
(a) Definitions. The following words and terms, when used in this section, shall 
have the following meanings, unless the context clearly indicates otherwise.
(1) Association-A horse or greyhound association licensed by the commission to 
conduct races with pari-mutuel wagering or the authorized agent of such an 
association.
(A) -(C) (No change.)
(D) Class 4 association-An association licensed by the commission as a Class 4 
association for the purpose of conducting horse races with pari-mutuel wagering.
(E) Greyhound association-An association licensed by the commission for the 
purpose of conducting greyhound races with pari-mutuel wagering.
(F) Receiving association-A licensed racetrack association in this state that 
has been allocated live dates simulcasting or a simulcast race meeting, or a 
facility not located in this state that is authorized to conduct wagering under 
the law of the jurisdiction in which it is located.
(G) Sending association-A licensed association for racing in this state or out-
of-state from which a race is transmitted.
(2) (No change.)
(3) Common pool-A pool in which the wagers received at a receiving location are 
combined with the wagers received at a sending racetrack.
(4)  Communications facilities-Facilities which include all wire, radio, 
optical, satellite, or other electromagnetic systems and the modems, phone 
systems, and other equipment used to transmit voice, data, and images.
(5)  Comptroller-The Comptroller of Public Accounts or an authorized agent of 
the Comptroller of Public Accounts.
(6) Live pari-mutuel pool-The total amount of money wagered by patrons on the 
result of a particular live race or combination of live races within the 
enclosure of the racetrack association where the race is being run.
(7) Simulcast-The telecast or other transmission of live audio and visual 
signals of a race, transmitted from a sending track to a receiving location, for 
the purpose of wagering conducted on the race at the receiving location.
(8) Simulcast pari-mutuel pool-The total amount of money wagered by patrons at a 
licensed racetrack association in Texas on the result of a particular simulcast 
race or combination of simulcast races.
(9) Simulcast race meeting-The dates to conduct simulcast pari-mutuel wagering 
only, while conducting no live races.
(10)  State approved depository-A bank approved as a depository of state funds 
by the state depository board.
(11) Totalisator company-A company selling, leasing, servicing, maintaining, or 
operating automated electronic computer hardware and software to calculate, 
record, display, and store pari-mutuel wagering information.
(b) Collection/deposit of the state's share from live and simulcasting pari-
mutuel wagering revenues; reports to the comptroller.
(1) Reporting and payment of the state's share of simulcast pari-mutuel pools 
shall be in accordance with this subsection.
(A) The sending association is responsible for reporting and payment of the 
state's share from pari-mutuel wagering revenues derived from simulcast 
intrastate common pools.
(B) Each association is responsible for reporting and payment of the state's 
share from pari-mutuel wagering revenues derived from simulcast intrastate 
separate pools and simulcast interstate, separate, or common pools.
(C) The sending association must provide a copy of each simulcasting agreement 
or amendment(s) to the comptroller within 72 hours after such agreement or 
amendment(s) is approved by the commission. If interstate simulcasting is 
involved, the agreement or amendment(s) must be provided by the association 
located in Texas.
(2) In each locality with licensed Class 1, Class 2, or greyhound associations, 
the state treasurer has agreed to open an interest-bearing account in a local 
state-approved depository to be used for deposit of the state share of pari-
mutuel wagering proceeds.
(3) After each racing day, a representative of a Class 1, Class 2, or greyhound 
association shall deposit to the state account by 10 a.m. of the next banking 
day the state's total share from the live and simulcasting pari-mutuel pools for 
all races on which wagers were placed since the last deposit.
(4)  All deposits to the state account must be in cash or by check drawn on an 
association account in the state-approved depository bank or by telephone 
transfer from an association account in the state-approved depository bank.
(A) (No change.)
(B) Class 3 and Class 4 associations must transmit a check covering the amount 
of the state's share to the comptroller by 10 a.m. of the next banking day after 
the performance by express mail for one-day delivery. The check must be attached 
to the performance pari-mutuel summary report.
(5) After each racing performance, information must be reported to the 
comptroller.
(A) Live pari-mutuel pools. At the close of each racing performance, the 
association shall complete the Texas Pari-Mutuel Performance Summary Report. 
This report shall be filed for each racing date authorized by the commission 
even if no races are held.
(B) Interstate simulcast pools. At the close of each racing performance, if the 
association is receiving the races from an out-of-state destination, the pari-
mutuel wagering revenues derived from these races shall be reported on the Texas 
Pari-Mutuel Performance Summary Report and the Texas Pari-Mutuel Performance 
Supplemental Report. This report shall be filed for each racing day authorized 
by the commission even if no races are held.
(C) Intrastate simulcast common pools. At the close of each racing performance, 
the sending association shall report the pari-mutuel wagering revenues on the 
Texas Pari-Mutuel Performance Summary Report and the Texas Pari-Mutuel 
Supplemental Report. The receiving association shall also complete the Texas 
Pari-Mutuel Performance Supplemental Report. The pari-mutuel wagering revenues 
shall be derived from simulcast intrastate combined pari-mutuel pools. These 
reports shall be filed for each racing day authorized by the commission even if 
no races are held.
(D)  Intrastate simulcast separate pools. At the close of each racing 
performance, the receiving association shall complete the Texas Pari-Mutuel 
Performance Summary Report and the Texas Pari-Mutuel Performance Supplemental 
Report. This report shall be filed for each racing date authorized by the 
commission even if no races are held.
(E) Class 1, Class 2, and greyhound associations shall transmit a copy of the 
completed reports to the comptroller by facsimile equipment no later than 10 
a.m. of the next banking day following a performance. Class 3 and Class 4 
associations must transmit the completed report(s) to the comptroller along with 
the payment of the state's share by 10 a.m. of the next day by overnight or 
express mail.
(6) If problems exist in telephone transmission or other breakdown in the 
facsimile equipment and copies of the reports cannot be transmitted by telephone 
transmission and facsimile equipment because of these problems, then 
associations shall send such reports to the comptroller by overnight mail or 
overnight private delivery service.
(7)  Originals of the reports of which copies have been transmitted to the 
comptroller by facsimile equipment shall be preserved in chronological order 
with other association records. Class 3 and Class 4 associations shall preserve 
copies of the reports that have been mailed to the comptroller, in chronological 
order, at association offices located at the track or at such other location as 
may be agreed to in writing by the comptroller. These reports shall be available 
for audit inspection.
(c) Associations with pari-mutuel wagering to post bond or other security.
(1) Associations will be responsible for the state's share of the pari-mutuel 
pool from the time a ticket is sold and the money is collected until the money 
is deposited to the state account.
(2)  All associations shall be bonded or otherwise secured in an amount 
estimated by the comptroller to be five times the highest daily state's share of 
the pari-mutuel pool for the period covered by the bond. The bond will cover the 
state's share of the pari-mutuel pool.
(3) (No change.)
(4) The bond or other security shall be approved by and filed with the 
comptroller.
(A) The comptroller may require the posting of new or additional bond or 
security if:
(i) the comptroller determines the amount of bond or other security deposited to 
be inadequate; or
(ii) the comptroller determines that an association is delinquent in payment of 
an amount due; or
(iii) a surety gives the comptroller written notice of its intent to withdraw as 
surety.
(B)-(D) (No change.)
(5)-(7) (No change.)
(d) Equipment required; responsibilities of companies contracting to provide 
equipment.
(1) Each association licensed for pari-mutuel wagering shall use totalisator 
company equipment and software that satisfies the record-keeping and reporting 
requirements of the comptroller. The association must provide a copy of the 
totalisator contract or amendment(s) to the comptroller within 72 hours after 
such contract or amendment(s) is approved by the commission.
(A) (No change.)
(B) The association must install two separate devices which will cause the tote 
system to stop betting. The primary device will be installed accessible to 
association stewards or judges to be used to issue the stop betting command 
during normal operations. The second device (backup) is to be installed in the 
totalisator room and used by the pari-mutuel manager or the totalisator operator 
to issue the stop betting command in cases where hardware malfunction or human 
error does not cause the tote system to stop betting at the appropriate time.
(C) The totalisator system must have the capability of restricting the 
cancelling of wagers to the last four tickets issued by a machine (to be 
cancelled by that machine). If the ticket is not in the last four it must be 
cashed through designated cash/sell terminals only with the appropriate 
approvals. All manually cashed wagers, cancelled wagers, and refunds issued, 
must be recorded by the totalisator system for each cash/sell terminal. A 
detailed printed report of these transactions must be generated upon request of 
the comptroller, including a summary of each transaction type.
(D)-(G) (No change.)
(H) A waiver may be granted from these requirements for totalisator systems 
temporarily installed at Class 3 and Class 4 associations upon a showing to the 
comptroller's satisfaction that unnecessary expense would be incurred in 
complying with the requirements, and that the system can be made to function 
properly without meeting these requirements.
(2)-(3) (No change.)
(4) Totalisator equipment and software must be installed on-site and a series of 
system checkout programs designated by the comptroller must be executed by the 
totalisator company. At Class 1, Class 2, and greyhound associations this shall 
occur at least 48 hours before the start of each racing meeting. No changes 
shall be made in the programming after the tests are completed without the 
permission of the comptroller.
(5) In addition to the information referenced in subsection (d)(4) of this 
section, the comptroller may at any time, without prior notice, test or have 
tested the totalisator equipment or software and the communications facilities.
(6) Any malfunction of equipment hardware, software, or communications 
facilities which results in loss or delay of required report data and any 
processor down time, regardless of whether it results in loss or delay of 
required report data, shall immediately be reported by the association to the 
comptroller when the performance pari-mutuel summary report form is filed.
(7)-(8) (No change.)
(e) Audit; appeal of audit findings.
(1)-(2) (No change.)
(3) All computer tapes, computer programs, and books and records used to record, 
display, calculate, or report the state's share shall be maintained by the 
association or the totalisator company and shall be stored in chronological 
order in a disaster-proof environment to insure the integrity of the data and 
made available for inspection in a format compatible with the comptroller's 
equipment at any time without advance notice. Class 1, Class 2, and greyhound 
associations shall maintain their records at an association office at the track. 
Class 3 and Class 4 associations shall preserve the originals of these records 
at association offices located at the track or at such other location as may be 
agreed to in writing by the comptroller.
(4)-(5) (No change.)
(f) Sanctions.
(1) The comptroller will immediately certify to the commission the violation by 
the association or its agents of a rule promulgated by the comptroller; the 
failure or refusal of an association to pay all or any part of funds due the 
state or to file reports when due; the failure or refusal of an association to 
allow inspection of reports and records; the failure or refusal of an 
association to allow testing of the totalisator equipment or software or the 
communications facilities; the failure or refusal of an association to post bond 
in the amount required; or the failure or refusal of an association to keep and 
retain the records required by the comptroller.
(2)-(3) (No change.)
(g) Notification of live and simulcast race dates to the comptroller.
(1) Each association shall notify the comptroller in writing of any makeup or 
replacement race date(s) approved by the commission prior to that date.
(2) Each calendar year, each association, whether sending or receiving, shall 
provide to the comptroller in writing a schedule of simulcast race date(s) prior 
to the first simulcast race date. This schedule shall include the format of the 
simulcast pari-mutuel pool and the associations involved. If any changes are 
made to the simulcast race date(s) after the schedule has been submitted to the 
comptroller, each association, whether sending or receiving, shall notify the 
comptroller in writing of the changes prior to the changed simulcast date.
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 February 26, 1992.
TRD-9202815
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: March 18, 1992
Proposal publication date: January 17, 1992
For further information, please call: (512) 463-4028
       
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part I. Texas Department of Human Services
Chapter 48. Community Care for the Aged and Disabled
Program for All-Inclusive Care for the Elderly (PACE)
40 TAC sec.48.2811
The Texas Department of Human Services (DHS) adopts new  sec.48.2811 concerning 
program for all-inclusive care for the elderly (PACE), without changes to the 
proposed text as published in the January 14, 1992, issue of the Texas Register 
(17 TexReg 314).
Justification for the new section is that the public will have a clear 
understanding of the Beinvivir Waiver Program reimbursement methodology.
The section will function by establishing the reimbursement methodology to be 
used to set the rate for the Bienvivir Waiver program. Bienvivir Senior Health 
Services will provide comprehensive health care services to frail elderly 
persons who are eligible for institutional care.
No comments were received regarding adoption of the new section.
The new section is adopted under the Human Resources Code, Title 2, Chapters 22 
and 32, which authorizes the department to administer public and medical 
assistance programs.
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 February 21, 1992.
TRD-9202671
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Effective date: March 15, 1992
Proposal publication date: January 14, 1992
For further information, please call: (512) 450-3765
       
 Texas Department 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 State Board of Insurance has adopted amendments to the Standard Provisions 
for Automobile Policies (the Standard Provisions), in regard to minimum coverage 
for the Texas Personal Auto Policy.
These amendments are being made primarily as a result of a new statute 
designated as House Bill 2 in the 72nd Legislature, 1991. That statute amended 
the Insurance Code, Article, 5.06(1) to require the board to adopt a policy form 
and endorsements for each type of motor vehicle insurance subject to the 
Insurance Code, Chapter 5, Subchapter A. The coverage provided by such a form is 
the minimum coverage that may be provided under an insurance policy for that 
type of insurance in this state. The order amends the standard provisions in 
regard to personal automobile insurance only.
The new Texas Personal Auto Policy (PAP), including its special instructions and 
reference notes, is the minimum coverage form to be used for personal auto 
insurance for all policies that become effective on and after 12:01 a.m., March 
1, 1992. However, it is the board's intent to allow sufficient time for insurers 
to use at least some of their existing supply of old policy forms and 
endorsement forms. Therefore, an insurer may use the existing PAP and amendatory 
endorsement forms in effect immediately prior to the order for all policies that 
become effective prior to 12:01 a.m., September 1, 1992, provided such policies 
also include new Endorsement 594. Endorsement 594 has numerous provisions that 
bring the existing PAP into substantive conformance with the new PAP.
Many of the differences between the new PAP and the existing PAP are editorial 
in nature, and are set forth only in the exhibits to the order; however, the 
most substantive changes are also described in the body of the Order. First, the 
liability coverage is amended to include prejudgment interest within the 
description of damages which the insurer will pay on behalf of a covered person. 
This change makes the policy conform in this respect to the forms being used in 
most other states, and it broadens coverage.
An exclusion under liability coverage and an exclusion under physical damage 
coverage, are modified to specify that these exclusions apply to a loss 
resulting from seizure of an auto by law enforcement officers as evidence in a 
case against the insured under certain statutes if a conviction results. These 
changes result from a new statute designated as House Bill 1827 in the 71st 
Legislature, 1989.
Under medical payments coverage and under personal injury protection coverage, 
new provisions are made concerning assignment of payment for medical expenses in 
order to comply with the previously mentioned House Bill 2. These changes result 
in the addition of a clause to the general provisions portion of the policy, 
referencing such changes.
In the coverage for uninsured/underinsured motorists, the definition of 
"underinsured motor vehicle" (which is also deemed an "uninsured motor vehicle") 
is reworded to conform more clearly with the interpretation of the Texas Supreme 
Court in the Stracener case. For that same reason, this coverage's limit of 
liability provision, clause A.II. is amended to specify more clearly the rights 
of the policyholder.
The general provisions of the policy are amended to require that any premium 
refund is to be made on a pro rata basis, subject to the policy minimum premium. 
This change corresponds with a proposed change to the cancellation rule and 
policy minimum premium rule, by which short rate refunds will be eliminated. The 
result will be larger refunds when cancellations are made by the policyholder.
The amendments to the standard provisions are adopted for policies that become 
effective 15 days after the notification of this order is published in the Texas 
Register.
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 February 25, 1992.
TRD-9202800
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
Effective date: March 18, 1992
For further information, please call: (512) 463-6327
       
The State Board of Insurance adopted the new Texas Automobile Rules and Rating 
Manual (the rating manual) and amending to the Automobile Liability Experience 
Rating Plan (the plan).
These amendments are being made primarily as a result of a new statute 
designated as House Bill 2 in the 72nd Legislature, 1991. That statute added to 
the Insurance Code a new Article 5.101, of which sec.3(g)(1) requires the board 
to adopt "a rating manual of classifications and territories for each line 
subject to" the Insurance Code, Chapter 5, Subchapter M. Automobile insurance is 
a line that is subject to the newly created Subchapter M, and one function of 
the order is to revise and to rename the manual as the Texas Automobile Rules 
and Rating Manual (the rating manual).
House Bill 2 also amended the Insurance Code, Article 5.06(1) to require the 
board to adopt a policy form and endorsements for each type of motor vehicle 
insurance subject to the Insurance Code, Chapter 5, Subchapter A. The coverage 
provided by such a form is the minimum coverage that may be provided under an 
insurance policy for that type of insurance in this state. The order amends the 
endorsements in the endorsement supplement of the rating manual.
The other major function of the order is to revise the automobile liability 
experience rating plan for experience rating to comply with the provisions of 
House Bill 2. That manual retains its present title, and is called merely "the 
plan" in the order. Many of the differences between the existing plan and the 
revised plan are editorial in nature, and are set forth only in the exhibits 
attached to the order. However, the order also contains outline materials 
entitled, "Changes to the Experience Rating Plan/Summary," which describe some 
of the editorial changes, as well as substantive changes being made.
The most notable changes to the plan for experience rating are as follows: An 
exemption from experience rating is established for policies written on a 
combined single limit basis with either a bodily injury or property damage 
deductible equal to or greater than basic limits. Prior to March 1, 1992, the 
Insurance Code prohibits the application of deviations to an experience rated 
risk. On and after March 1, 1992, House Bill 2 does not prohibit applying the 
flex rates to experience rated risks. A clarification of how a flex rate will 
apply to an experience rated risk is provided by example. Clarification is made 
that there are two places where rating information can be obtained, subject to 
the stated requirements.
Many of the differences between the existing manual and the new rating manual 
are editorial in nature, and are set forth only in exhibits attached to the 
order. However, the order contains outline materials entitled, "Outline of 
Conversion/The Texas Automobile Manual to the Texas Automobile Rules and Rating 
Manual," which describe many of the editorial changes as well as substantive 
changes being made.
The most notable differences between the existing manual and the new rating 
manual are as follows: Existing references to the "State Board of Insurance" are 
changed to the "Texas Department of Insurance" throughout the rating manual 
where appropriate. Existing references to "standard rates" and "manual rates" 
are changed to "benchmark rates" throughout the rating manual. Existing 
references to the "Texas Automobile Insurance Service Office" (TAISO) are 
changed to "the department or a qualified entity" throughout the rating manual 
to use a more generic term to designate a nondepartmental entity rather than the 
mention of a specific organization. The existing $10 minimum premium in Rule 10 
is increased to $25 because of the change in Rule 13 that eliminates short rate 
calculation of premium refund, thereby eliminating the penalty for an insured 
requesting cancellation. The endorsements that have been deleted through merger 
into a new endorsement are referenced on an exhibit attached to the order. The 
endorsements to be phased out by September 1, 1992, are listed on an exhibit 
attached to the order. The reasons for amending the various commercial 
endorsements are briefly referenced on an outline exhibit attached to the order. 
Endorsement NR-1A eliminates short rate calculation of premium refund, thereby 
eliminating the penalty for an insured requesting cancellation of the non-
resident policy. Rule 74 is amended by adding a new Section G regarding adult 
operator age and mileage discounts. These discounts are optional by the insurer, 
but any discount elected must be applied uniformly to the applicable classes and 
coverages. The order incorporates by reference the entire board ruling issued on 
January 15, 1992, adding a new rule to the rating manual and amending the 
personal auto policy regarding payment of premiums by installments.
The amendments to the rating manual and to the plan are adopted effective 15 
days after publication of the notification of this order in the Texas Register.
This notification is made pursuant to the Insurance Code, Article 5.97, 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 February 25, 1992.
TRD-9202801
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
Effective date: March 18, 1992
For further information, please call: (512) 463-6327
       
The State Board of Insurance has adopted amendments to the Standard Provisions 
for Automobile Policies (the standard provisions), in regard to minimum coverage 
for other than the Personal Auto Policy.
These amendments are being made primarily as a result of a new statute 
designated as House Bill 2 in the 72nd Legislature, 1991. That statute amended 
the Insurance Code, Article 5.06(1) to require the board to adopt a policy form 
and endorsements for each type of motor vehicle insurance subject to the 
Insurance Code, Chapter 5, Subchapter A. The coverage provided by such a form is 
the minimum coverage that may be provided under an insurance policy for that 
type of insurance in this state. This order amends the standard provisions in 
regard to the Business Auto Coverage Form (BAP), Garage Coverage Form, Truckers 
Coverage Form, Excess Liability Policy, Mobilowners Policy, the Nonresident Auto 
Policy, Mechanical Breakdown Policies, and the single interest forms.
The new policies, including their special instructions, general instructions, 
and reference notes attached to the order, are the minimum coverage forms to be 
used for auto insurance policies that become effective on and after 12:01 a.m., 
March 1, 1992. However, it is the board's intent to allow sufficient time for 
insurers to use at least some of their existing supply of old policy forms and 
endorsement forms. Therefore, an insurer may use the existing policy forms and 
amendatory endorsement forms in effect immediately prior to the order for all 
policies that become effective prior to 12:01 a.m., September 1, 1992, provided 
such policies also include the appropriate endorsements and revised declarations 
pages, which are attached to the order. However, the previous procedure cannot 
be used for the Excess Liability Policy, as there is no endorsement to bring the 
old form into compliance with the new forms.
Many of the differences between the new forms and the existing forms are 
editorial in nature, and are set forth only in the exhibits to the order. 
However, the order also has attached outlines, entitled "Summary of Changes to 
Commercial Endorsement TE 00 30D" and "Summary of Changes for the Texas Standard 
Provisions for Automobile Insurance Policies," which describe many editorial 
changes, as well as substantive changes being made.
The most notable changes are as follows: The requirements for the display of an 
insurer's toll free telephone number are shown in the general instructions, 
special instructions, or reference notes for each policy form. Each policy form 
(other than single interest forms and mechanical breakdown forms) is revised to 
require pro rata refund, regardless of how cancellation occurs. Each reference 
in the policy forms to the Texas Automobile Insurance Service Office is revised 
to "a qualified entity." The BAP, Garage, and Truckers policies are modified 
specifically to exclude coverage for seizure of an auto by law enforcement 
officers under a controlled substances statute. (These exclusions comply with 
House Bill 1827, 71st Legislature, 1989.
The amendments to the standard provisions are adopted for policies that become 
effective 15 days after the notification of this order is published in the Texas 
Register.
This notification is made pursuant to the Insurance Code, Article 5.97, 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 February 25, 1992.
TRD-9202802
Linda K. von Quintus-Dorn
Chief Clerk
Texas Department of Insurance
Effective date: March 18, 1992
For further information, please call: (512) 463-6327