Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part XIII. Texas Incentive and Productivity Commission Chapter 275. Productivity Bonus Program 1 TAC sec.275.7, sec.275.8 The Texas Incentive and Productivity Commission proposes an amendment to sec.275.7 and new sec.275.8, concerning the Productivity Bonus Program. The definition of a plan revision was amended and a definition of what does not constitute a revision was added in sec.275.7. Section 275.8 was added to address agency responsibility in providing information to the commission. The commission intends to appoint a committee to provide viewpoints and advice concerning sec.275.11(d)(1)-(8) relating to qualifications for employee bonuses. M. Elaine Powell, executive director, has determined that for the first five- year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Ms. Powell also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be to further define and outline the commission's expectations for the plan revision process and award application process. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to M. Elaine Powell, Executive Director, Texas Incentive and Productivity Commission, P.O. Box 12482, Austin, Texas 78711. The amendment and new section are proposed under Texas Civil Statutes, Article 6252-29a, sec.1, which provide the Texas Incentive and Productivity Commission with the authority to promulgate rules for the Productivity Bonus Program. sec.275.7. Plan Revisions. (a) An agency may make reasonable revisions [or adjustments] to its approved productivity plan during the implementation year. Before proceeding with implementation, and agency requesting such a revision to its approved plan shall notify the commission in writing. Any such request received by the commission shall be deemed to have been approved 30 days after receipt unless the commission staff requests additional information or indicates that the request should be reviewed by commission. (b) [This agency shall inform the commission in writing of any revisions or adjustments to its approved productivity plan at least quarterly]. Changes in the amount projected to be saved or reductions in projected savings due to nonimplementation of an item in a plan shall not constitute a revision under this section, but shall be reported to commission as provided in sec.275.8 of this title (relating to Agency Responsibility to Provide Information) . sec.275.8. Agency Responsibility To Provide Information. An agency that implements a productivity plan shall provide any information requested by the commission that is necessary to compute the amount of savings or other benefits derived from the plan. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on February 28, 1992. TRD-9202993 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Earliest possible date of adoption: April 6, 1992 For further information, please call: (512) 475-2393 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health The following new proposed rules submitted by Texas Department of Health will be serialized beginning in the March 10, 1992 issue of the Texas Register. The date of adoption for these rules is May 16, 1992. Chapter 61. Chronic Diseases Breast and Cervical Cancer Control Program 25 TAC sec.sec.61.31 - 61.42 sec.61.31. Purpose and Scope. sec.61.32. Federal Authorization and Requirements. sec.61.33. Eligible Applicants. sec.61.34. Target Population. sec.61.35. Selection Process. sec.61.36. Program Requirements. sec.61.37. Financial Eligibility and Screening Guidelines. sec.61.38. Quality Assurance Standards. sec.61.39. Follow-up. sec.61.40. Maintenance of Current Services. sec.61.41. Reimbursement of Costs. sec.61.42. Client Charges. Chapter 133. Hospital Licensing Permits 25 TAC sec.133.32 The Texas Department of Health (department) proposes new s133.32, concerning hospital licensing fees. The new section will establish a schedule for hospital license fees at $3.00 per bed, with a minimum fee of $100 and a maximum fee of $3,000. The fees will be set to assure that the department's costs of processing hospital license applications are supported by fee collections rather than general revenue. Stephen Seale, Chief Accountant III, Budget Division, has determined that for the first five-year period the new section is in effect there will be fiscal implications for state and local government as a result of enforcing or administering the section. The effect on state government will be an increase in revenue through fee collections in the approximate amount of $35,000 for each year. There will be an effect on local governments which operate a hospital or whose citizens are served by a hospital district. The fiscal impact on local governments will depend on the number of beds in the hospital operated by the local government or the number of beds in a hospital which is a member of a hospital district. A hospital affected by the new section will be required to pay an additional license fee ranging from $2.00 to $1,000 for each year, depending upon the number of beds in the hospital. Hospitals with less than 34 beds will be unaffected by the new fee schedule; hospitals with 34-800 beds will pay an additional license fee of $2.00 to $400 for each year; hospitals with 801-999 beds will pay an additional license fee of $403 to $997 for each year; and hospitals with 1,000 beds and over will pay an additional license fee of $1, 000 for each year. Mr. Seale also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the license fees will allow the department sufficient revenue to license, administer, and regulate hospitals for compliance with the minimum licensing standards. The additional revenue, generated through fees rather than general revenue, will enable the department to offset the increasing cost in processing hospital license applications. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. There also will be no impact on local employment. Comments on the proposal may be submitted to Maurice B. Shaw, Hospital Licensing Director, Chief, Bureau of Licensing and Certification, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, (512) 834-6650. Comments will be accepted for 30 days after publication in the Texas Register. The new section is proposed under the Health and Safety Code, sec.241.025, which provides the Board of Health (board) with the authority to adopt rules relating to hospital license fees; and sec.12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health. sec.133.32. Hospital Licensing Fees. (a) Each hospital shall pay an annual license fee at the time of application for an initial license or a license renewal. (b) The initial license fee shall be $3.00 per bed in the hospital with a minimum fee of $100 and a maximum fee of $3,000. (c) The license renewal fee shall be $3.00 per bed in the hospital with a minimum fee of $100 and a maximum fee of $3,000. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on February 27, 1992. TRD-9202876 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: May 16, 1992 For further information, please call: (512) 834-6650 INSURANCE Texas Department of Insurance Chapter 19. Agents Licensing Subchapter P. Fees Charged by Local Recording Agents 28 TAC sec.sec.19.1501-19.1504 The State Board of Insurance of the Texas Department of Insurance proposes new sec.sec.19.1501-19.1504, concerning fees charged by local recording agents. The new sections are necessary to provide procedures regulating the activities of local recording agents when charging fees in compliance with the Texas Insurance Code, Article 21.14, sec.4(e). New sec.19.1501 sets forth general provisions concerning these new sections and the procedures provided for under these new sections. New sec.19.1502 defines the terms used in these new sections. New sec.19.1503 adopts and incorporates by reference the Disclosure Statement for Local Recording Agents' Fees to be used by local recording agents in invoicing clients for fees authorized under the Texas Insurance Code, Article 21.14, sec.4(e). The board has filed copies of this form with the Office of the Secretary of State, Texas Register Section. Persons desiring copies of the form can obtain copies from the Agents License Section, Mail Code 107-1A, Texas Department of Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. New sec.19.1504 sets forth the procedures to be followed by local recording agents in charging fees under the Texas Insurance Code, Article 21.14, sec.4(e). These procedures include a requirement that the fees which can be charged are those listed in Article 21.14, sec.4(e) and similar transmission or reproduction costs; and a requirement which mandates the use of the Disclosure Statement for Local Recording Agents' Fees. The disclosure statement requires: the disclosure of the local recording agents' commission on the transaction; an explanation of the reason the fees were not anticipated in such commission; the written agreement of the client to the charges; the telephone number of the Claims and Complaints Section of the Texas Department of Insurance with a statement that the client may call that number if the client did not agree in advance to the charges or if the client does not agree to the fairness of the charges; and a complete list of the services being billed and the costs of such services. The procedures require that the disclosure statement and files relating to the fees must be maintained by the local recording agent and made available to the Texas Department of Insurance upon request. Jack Evins, deputy commissioner for licensing, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections, and there will be no effect on the local employment or local economy. Mr. Evins also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be more effective regulation of the charging of these fees by local recording agents, more accountability to both the consumer and the public, and the prohibition of inappropriate charging of unauthorized fees which are disadvantageous to the interests of the consumer. He has determined that for the first year of the first five years the sections are in effect the following costs can be anticipated by entities impacted by these sections. The cost to agents for the necessary accounting and file maintenance is anticipated to be between $20 to $50, depending upon the number of transactions. The cost to the agents will be offset by the ability to collect the fees for the services. On the basis of cost per hour of labor, there will be no difference in cost compliance between small businesses and larger businesses. Comments on the proposal may be submitted to Jack Evins, Deputy Commissioner for Licensing, Mail Code 105-5A, Texas Department of Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. The new sections are proposed under the Texas Insurance Code, Articles 1.04 and 21.14, sec.4(e). The Texas Insurance Code, Article 1.04 provides for general rulemaking authority in the State Board of Insurance and sec.2 of Acts 1991, 72nd Legislature, Chapter 626 which enacted Article 21.14, sec.4(e) and which specifically provides that the board shall adopt such reasonable rules as may be required to establish procedures for charging of fees for services by local recording agents. sec.19.1501. General Provisions. (a) Statutory basis and purpose. This subchapter implements the provisions of Article 21.14, sec.4(e) which was enacted in 1991 as Chapter 826 at page 2857 of the Acts of the 72nd Legislature and which first became effective on June 16, 1991. (b) Severability. Where any terms or sections of this subchapter are determined by a court of competent jurisdiction to be inconsistent with any statutes of this state or to be unconstitutional, the remaining terms and provisions of this subchapter shall remain in effect. sec.19.1502. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Board-The State Board of Insurance. Client-The client of the local recording agent. Commissioner-The commissioner of insurance. Company-Any insurance company, corporation, inter-insurance exchange, mutual, reciprocal, association, Lloyds, or other insurance carrier licensed to transact business in the State of Texas other than orders, societies, associations, or auxiliaries excepted from Texas Insurance Code, Article 21.14. Fees-Fees authorized by Texas Insurance Code, Article 21. 14, sec.4(e) which may include the services rendered to a client but not anticipated in any commission paid to the agent by an insurance company. These services may include special delivery postal charges, printing and reproduction costs, electronic mail costs, telephone transmission costs, or similar costs that the local recording agent may incur on behalf of the client. Local recording agent-A person engaged in soliciting and writing insurance, being authorized by a company, including fidelity and surety companies, to solicit business and to write, sign, execute, and deliver policies of insurance and to bind companies on insurance risks, and who maintains an office and a record of such business and the transactions which are involved, who collects premiums on such business and otherwise performs the customary duties of a local recording agent representing a company in its relation with the public; or a person engaged in soliciting and writing insurance, being authorized by a company, including fidelity and surety companies, to solicit business, and to forward applications for insurance to the home office of the companies, where the company's general plan of operation in this state provides for the appointment and compensation of agents for insurance and for the execution of policies of insurance by the home office of the company, or by a supervisory office of such company, and who maintains an office and a record of such business and the transactions which are involved and collects premiums on such business and otherwise qualifies and performs the customary duties of a local recording agent representing the company in its relation with the public. Person-A "person" is an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the foregoing acting in concert. sec.19.1503. Adoption by Reference of Forms Relating to Fees Charged by Agents.
    The Texas Department of Insurance adopts and incorporates herein by reference the Disclosure Statement for Local Recording Agents' Fees for use by local recording agents in invoicing clients for fees authorized under Texas Insurance Code, Article 21.14, sec.4(e). This form is published by the Texas Department of Insurance and may be obtained from the Agents License Section, Mail Code 105-5A, Texas Department of Insurance, 333 Guadalupe Street, P.O. Box 149104, Austin, Texas 78714-9104. sec.19.1504. Procedures for Charging Fees. (a) The expenses for which a local recording agent may charge a fee are those specifically enumerated in Article 21.14, sec.4(e), and listed in the definition of fees in this rule, and costs similar in nature to those enumerated expenses. (b) The local recording agent must use the Disclosure Statement for Local Recording Agents' Fees in invoicing a client for these fees. The local recording agent must list the following information on the form: (1) the commission paid to the local recording agent on the transaction; (2) the reasons why the fees being invoiced were not anticipated in the commission; (3) the written agreement of the client to the charges; (4) the telephone number of the Claims and Complaints Section of the Texas Department of Insurance and a statement in bold face type advising the client that the client may call that number to make a complaint if the client did not agree to the charges in advance or if the client does not agree to the fairness of the charges; and (5) a complete listing of the services provided for which the client is being invoiced and the costs for such services. (c) The Disclosure Statement for Local Recording Agents' Fees must be maintained in a separate file for a period of four years and must be made available to the Texas Department of Insurance upon request. (d) All files relating to the fees must be made available for inspection by the Texas Department of Insurance upon request to insure compliance with these rules and Texas Insurance Code, Article 21.14, sec.4(e). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on March 2, 1992. TRD-9203017 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Earliest possible date of adoption: April 6, 1992 For further information, please call: (512) 463-6327