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 22. EXAMINING BOARDS
Part XI. Board of Nurse Examiners
Chapter 215. Nurse Education
22 TAC sec.215.8, sec.215.17
The Board of Nurse Examiners adopts amendments to sec.215.8, sec.215.17, 
concerning faculty policies and clinical resources, without changes to the 
proposed text as published in the February 21, 1992, issue of the Texas Register  
(17 TexReg 1443).
The amendments are being adopted to remove unnecessary language from the rules 
concerning use of cooperating agencies for student clinical experiences; thereby 
increasing accessibility of learning opportunities and eliminating duplication 
of regulatory functions.
By removing unnecessary language from the rules, the board is removing 
additional barriers governing the use of clinical agencies by programs of 
professional nursing. This will increase a student's accessibility to learning 
experiences.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Civil Statutes, Article 4514, sec.1, 
which provide the Board of Nurse Examiners with the authority to make and 
enforce all rules and regulations necessary for the performance of its duties 
and conducting of proceedings before it.
This agency hereby certifies that the rules as adopted have been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on April 1, 1992.
TRD-9204542
Louise Waddill, Ph.D., R.N.
Executive Director
Board of Nurse Examiners
Effective date: April 23, 1992
Proposal publication date: February 21, 1992
For further information, please call: (512) 835-8650
       
Chapter 217. Licensure and Practice
22 TAC sec.217.2
The Board of Nurse Examiners adopts an amendment to sec.217.2, concerning 
licensure by examination, without changes to the proposed text as published in 
the February 21, 1992, issue of the  Texas Register (17 TexReg 1444).
This amendment is being adopted to allow those persons admittance to the 
licensure examination who have met all baccalaureate degree nursing requirements 
as a prerequisite of a MSN.
Qualified applicants may write the licensure examination upon completion of all 
requirements for the baccalaureate in nursing degree, but prior to being awarded 
the MSN which would be their first degree in nursing. Successful candidates will 
then become licensed 1-1 1/2 years prior to completion of the degree, thereby 
increasing the supply of RNs.
Two favorable comments were received. One commenter wrote: "I support the 
proposed amendment allowing persons who have met baccalaureate nursing degree 
requirements as a prerequisite to the MSN degree to be admitted to the licensure 
examination." Another commenter wrote: "I fully support this change. I am one of 
the students and this change will directly benefit my practice as a nurse.
The favorable comments were received from College of Nursing, UTEP and a 
student.
The amendment is adopted under Texas Civil Statutes, Article 4514, sec.1, which 
provide the Board of Nurse Examiners with the authority to make and enforce all 
rules and regulations necessary for the performance of its duties and conducting 
of proceedings before it.
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 April 1, 1992.
TRD-9204543
Louise Waddill, Ph.D., R.N.
Executive Director
Board of Nurse Examiners
Effective date: April 23, 1992
Proposal publication date: February 21, 1992
For further information, please call: (512) 835-8650
       
22 TAC sec.217.12
The Board of Nurse Examiners adopts an amendment to sec.217.12, concerning 
designations for registered nurse/titles deemed misleading, without changes to 
the proposed text as published in the February 21, 1992, issue of the Texas 
Register  (17 TexReg 1444).
The amendment is being adopted to cause the registered nurse to know that when 
using RN in connection with his or her name and/or practice, the board considers 
the nurse accountable for his or her actions and for compliance with the Nurse 
Practice Act and Standards of Nursing Practice.
Any RN who advertises to the public that he/she is a registered nurse will be 
required to function within the Nurse Practice Act and Standards of Nurse 
Practice, regardless of the practice he/she is engaged in. This will protect the 
public from fraud or deceit in situations where a nurse desires to use his/her 
license to solicit clients.
One favorable comment was receive. The commenter agreed with the proposed change 
and was supportive of the attempt to maintain quality in nursing practice.
The favorable comments was received from the College of Nursing, UTEP.
The amendment is adopted under Texas Civil Statutes, Article 4514, sec.1, which 
provide the Board of Nurse Examiners with the authority to make and enforce all 
rules and regulations necessary for the performance of its duties and conducting 
of proceedings before it.
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 April 1, 1992.
TRD-9204544
Louise Waddill, Ph.D., R.N.
Executive Director
Board of Nurse Examiners
Effective date: April 23, 1992
Proposal publication date: February 21, 1992
For further information, please call: (512) 835-8650
       
22 TAC sec.217.14
The Board of Nurse Examiners adopts an amendment to sec.217.14, concerning 
overpayment, without changes to the proposed text as published in the February 
21, 1992, issue of the Texas Register (17 TexReg 1445).
The amendment is being adopted to assist in expediting the transaction of the 
individual submitting payment for services by not delaying the action due to 
overpayment of funds not to exceed $10.
An individual submitting payment for a service provided by the board who 
inadvertently submits a fee from $1.00 to $10 in excess of that required will 
not receive a refund. This procedure will eliminate the delay in the transaction 
which would have occurred if a refund voucher had to be processed. If, however, 
and error was made and the individual was billed in excess of the amount owed, a 
refund would be made.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 4514, sec.1, which 
provide the Board of Nurse Examiners with the authority to make and enforce all 
rules and regulations necessary for the performance of its duties and conducting 
of proceedings before it.
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 April 1, 1992.
TRD-9204545
Louise Waddill, Ph.D., R.N.
Executive Director
Board of Nurse Examiners
Effective date: April 23, 1992
Proposal publication date: February 21, 1992
For further information, please call: (512) 835-8650
       
TITLE 34. PUBLIC FINANCE
Part I. Comptroller of Public Accounts
Chapter 3. Tax Administration
Subchapter V. Franchise Tax
34 TAC sec.3.572
The Comptroller of Public Accounts adopts new sec.3.572, concerning the 1992 
transition period, with changes to the proposed text as published in the 
November 26, 1991, issue of the  Texas Register (16 TexReg 6847).
This new section explains how corporations are affected by the franchise tax law 
because of the changes made by House Bill 11, 72nd Legislature, 1991.
Comments were received from the Certified Public Accounting firm of Wheeler & 
Bull. The firm felt that the section as proposed should be revised to clarify 
that only transactions designed to escape the franchise tax such as those 
between the same owners or corporations doing nothing more than changing 
charters should be included and not bona fide transactions between unrelated 
parties. The comptroller agreed and substantial changes were made to subsection 
(b) of the proposed section to effect a clarification.
Comments on the new section were received from the law firm of Thompson & Knight 
of Dallas, Texas. The firm takes exception to the proposed section on the basis 
that it exceeds the rulemaking authority of the comptroller by imposing a 
supplemental tax, operates retroactively with respect to changes in the tax laws 
effective January 1, 1992, and the terms "reorganization" and "transfer of 
assets" are overly broad or ambiguous. The comptroller made changes to 
subsection (b) of the proposed section to reflect that franchise tax will be due 
only from corporations entering into transactions for the primary purpose of 
avoiding or evading franchise tax. Tax avoidance transactions will be 
disregarded and the franchise tax will continue to apply as though the 
transactions had not occurred. Under the Tax Code, sec.111.002, the comptroller 
has the authority to prescribe, adopt, and enforce rules relating to the 
administration and enforcement of the provisions of the Tax Code and the 
transition rule establishes guidelines the comptroller will use in determining 
whether transactions should be disregarded as shams. In addition, the new 
section does not have a prohibited retroactive effect. The section does not 
apply a new tax; it clarifies that the comptroller will enforce the provisions 
of the franchise tax to corporations which entered into transactions for the 
primary purpose of avoiding or evading the franchise tax. Further, the 
comptroller interprets the terms "reorganization" and "transfer of assets" to be 
commonly understood as encompassing the restructuring of the ownership of the 
assets or stock of a business.
Comments were received from Luby's Cafeterias, Inc., of San Antonio, stating 
that the rule was inconsistent with the new franchise tax law. Luby's asked that 
the rule be withdrawn. The comptroller declined to withdraw the rule but did 
make changes to subsection (b).
J.C. Penney Company, Inc., of Dallas, also commented that there were alternative 
approaches that could be taken to the one in the comptroller's proposed 
regulation. The comptroller feels that the contents of the adopted rule comply 
with J.C. Penney's request for alternatives by the expansion of subsection (b).
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.3.572. 1992 Transition.
(a) Definition. "Beginning date" means:
(1) for a Texas corporation, the charter date; and
(2)  for a foreign corporation, the earlier of:
(A) the certificate of authority date; or
(B) the date the corporation begins doing business in Texas.
(b) Mergers, reorganizations, and transfers of assets.
(1) A corporation, including a limited liability company and a state or federal 
savings and loan association as provided in the Tax Code, sec.171.001(a) (2), 
which is the surviving corporation in any merger, reorganization, or transfer of 
assets occurring after August 13, 1991, and on or before December 31, 1991, will 
be subject to tax on the net taxable earned surplus of the nonsurviving 
corporation which is earned from the day after the date upon which the 
nonsurviving corporation's previous franchise tax report was based through the 
date of the merger, reorganization, or transfer of assets from the nonsurviving 
corporation to the surviving corporation if the principal purpose of the merger, 
reorganization, or transfer of assets was the evasion or avoidance of franchise 
tax.
(A) The provisions of subsection (b)(1) of this section will not apply to a 
corporation which merged, reorganized, or transferred assets pursuant to a 
binding contract entered into prior to August 13, 1991. For these purposes, a 
contract is binding if it is in writing, fully executed, and legally 
enforceable.
(B) If the beginning date of the nonsurviving corporation is after October 3, 
1990, and before December 31, 1991, the tax will be based on the net taxable 
earned surplus earned by the nonsurviving corporation from its beginning date 
through the date of the merger, reorganization, or transfer of assets to the 
surviving corporation.
(2)  The phrase "evasion or avoidance" is not limited to cases involving 
criminal penalties, or civil penalties for fraud. Further, if the purpose to 
evade or avoid franchise tax exceeds in importance any other purpose, it will be 
considered to be the principal purpose. The determination of the principal 
purpose of a merger, reorganization, or transfer of assets will be based upon 
the facts and circumstances of the entire transaction, including any series of 
steps in the course of conduct of the surviving and nonsurviving corporations 
which are interrelated. Transactions which are determined to have been 
undertaken for the principal purpose of evasion or avoidance of franchise tax 
will be disregarded as shams.
(3) Facts and circumstances which will, in the absence of additional evidence to 
the contrary, indicate that the principal purpose of the merger, reorganization, 
or transfer of assets was the evasion or avoidance of franchise tax will 
include, but not be limited to, the following:
(A) mere change in identity, form, or place of organization of the nonsurviving 
corporation, however effected; or
(B) continuation by the surviving corporation immediately following the merger, 
reorganization, or transfer of assets of:
(i) substantially the same trade or business in this state as conducted by the 
nonsurviving corporation immediately prior to the merger, reorganization, or 
transfer of assets; and
(ii) substantially the same ownership of the stock or assets of the nonsurviving 
corporation as that owned immediately prior to the merger, reorganization, or 
transfer of assets.
(4) In determining whether a corporation has continued to carry on a trade or 
business substantially the same as that conducted before the merger, 
reorganization, or transfer of assets, all the facts and circumstances of the 
transactions occurring between the nonsurviving corporation and the surviving 
corporation and any affiliated entities of either involved in the transactions 
will be taken into account. Among the relevant factors to be taken into account 
will be changes in the corporation's employees, plant, equipment, product, 
location, customers, and any other items that are significant in determining 
whether there has been a continuation of the trade or business of the 
nonsurviving corporation.
(5)  In determining whether a continuation of ownership has occurred, all the 
facts and circumstances of the transactions occurring between the shareholders 
of the nonsurviving corporation and the surviving corporation or its 
shareholders and any affiliated entities or the shareholders of affiliated 
entities involved in the transactions will be taken into account. A continuation 
of ownership will be deemed to have occurred only if immediately following the 
merger, reorganization, or transfer of assets, the surviving corporation owns, 
directly or indirectly, 80% or more in value of the stock or assets previously 
held by the nonsurviving corporation immediately prior to the merger, 
reorganization, or transfer of assets. The constructive ownership rules of the 
Internal Revenue Code of 1986, sec.318, as amended, will be applied in 
determining whether stock is owned directly or indirectly by a shareholder, 
except that the references to 50% in the Internal Revenue Code, sec.318(a)(2)(C) 
and (3)(C) will be read as 80%.
(6) The tax due from the surviving corporation in a merger, reorganization, or 
transfer of assets under paragraph (1) of this subsection is due May 15, 1992, 
on a form specified by the comptroller. If the amount of tax due is less than 
$100, no tax will be due. The tax will be due from the surviving corporation as 
though no merger, reorganization, or transfer of assets had occurred. For 
example, if an existing regular annual reporting corporation with a December 31 
year end was merged into a new corporation on December 1, 1991, the new 
corporation would be required to file a regular franchise tax report on May 15, 
1992, which would reflect all taxable capital of the surviving corporation as of 
December 31, 1991, and the taxable earned surplus of the nonsurviving 
corporation from January 1, 1991 through December 1, 1991, combined with the 
taxable earned surplus of the surviving corporation from December 1, 1991, 
through December 31, 1991.
(7)  The surviving corporation of a merger, reorganization, or transfer of 
assets which was not undertaken for the principal purpose of evasion or 
avoidance of franchise tax may file a disclosure statement on or before May 15, 
1992, on a form specified by the comptroller. A surviving corporation which 
files a disclosure statement no later than May 15, 1992, will not be required to 
file a regular annual report on May 15, 1992. No penalties will accrue on any 
franchise tax liability finally determined if a disclosure statement is timely 
filed under this paragraph. On or before July 1, 1992, the comptroller will 
notify each surviving corporation which has filed a disclosure statement of 
whether the transaction has been determined to have been undertaken for the 
principal purpose of evasion or avoidance of franchise tax.
(A) If the early determination of the comptroller is that the principal purpose 
of the transaction was not the evasion or avoidance of franchise tax, the 
nonsurviving corporation will not be liable for franchise tax for the franchise 
tax year 1992 and, unless a redetermination based on fraud or misrepresentation 
of fact is made by the comptroller, the surviving corporation will not be liable 
for any franchise tax liability based on the earned surplus of the nonsurviving 
corporation other than as a transferee.
(B) If the early determination of the comptroller is that the principal purpose 
of the transaction was the evasion or avoidance of tax, by August 1, 1992, the 
surviving corporation must either:
(i) file the franchise tax annual report in the manner described in paragraph 
(6) of this subsection; or
(ii) submit to the comptroller such additional information as it deems necessary 
or appropriate concerning the facts and circumstances of the transactions 
between the surviving corporation and the nonsurviving corporation and all 
affiliated entities. Penalties, will be assessed on all franchise tax due under 
subparagraph (B) of this paragraph after August 1, 1992, unless additional 
information is submitted by August 1, 1992.
(C) All early determination notices issued by the comptroller will be subject to 
change upon audit in the event of fraud or misrepresentation of fact in the 
information submitted to the comptroller in the disclosure statement or any 
additional information submitted to the comptroller in connection with issuing 
the early determination.
(c) Shortened privilege periods. All second and regular annual privilege periods 
which would have ended April 30, 1992, except for changes made by the 
legislature during 1991, will now end December 31, 1991.
(d) Tax rates.
(1) The tax rate for the regular annual privilege period beginning May 1, 1991, 
and ending December 31, 1991, will be $5.25 for each $1,000 or fraction of 
$1,000 of taxable capital allocated to this state.
(2) The tax rate for corporations with a beginning date after April 30, 1990, 
but before October 4, 1990, will be $5.25 for each $1,000 or fraction of $1,000 
of taxable capital allocated to this state per year of privilege period.
(3) Except for a corporation which is the nonsurvivor of a merger, 
reorganization, or transfer of assets occurring after August 13, 1991, and 
before January 1, 1992, the tax rate for corporations with a beginning date 
after October 3, 1990, is 0.25% per year of privilege period of net taxable 
capital and 4.5% of net taxable earned surplus for the entire initial report.
(4) In addition to the supplemental tax provided for in this section, the tax 
rate for a corporation with a beginning date after October 3, 1990, which ceases 
to exist before January 1, 1992, will be $5.25 for each $1,000 or fraction of 
$1,000 of taxable capital allocated to this state per year of privilege period.
(e) Loss of nexus before end of privilege period. If a corporation has nexus for 
one day of a privilege period, it must pay for the entire privilege period.
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 April 6, 1992.
TRD-9204651
Martin Cherry
Chief, General Law Section
Comptroller of Public Accounts
Effective date: April 27, 1992
Proposal publication date: November 26, 1991
For further information, please call: (512) 463-4028
       
TITLE 37. PUBLIC SAFETY AND CORRECTIONS
Part IX. Texas Commission on Jail Standards
Chapter 259. New Construction Rules
The Texas Commission on Jail Standards adopts the repeal of sec.sec.259.18, 259. 
54-259.57, 259.207, 259.238-259.241, 259.307, and 259.343-259.246, concerning 
new construction rules, without changes to the proposed text as published in the 
March 3, 1992, issue of the Texas Register  (17 TexReg 1600).
The repeal of these rules regarding design, construction, and furnishing 
requirements of new jail, new low-risk, and podular/direct supervision 
facilities will allow for major revisions to these requirements made necessary 
by the enactment of House Bill 93 (72nd Legislature, 1991, Second Called 
Session) . In addition, cumbersome language and duplicate information will be 
eliminated.
Repeals of these sections will allow the adoption of new rules that encompass 
current legislation and that are more easily understood.
No comments were received regarding adoption of the repeals.
NNew Jail DNesign, Construction, and Fur5
New Jail Design, Construction, and Furnishing Requirements
New Jail Design, Construction, and Furnishing Requirements
37 TAC sec.sec.259.18, 259.54-259.57
The repeals are adopted under the Government Code, Chapter 511, which provides 
the Commission on Jail Standards with the authority to adopt reasonable rules 
and procedures establishing minimum standards for the construction, equipment, 
maintenance, and operation of county jails.
This agency hereby certifies that the rules as adopted have been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on April 3, 1992.
TRD-9204608
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 24, 1992
Proposal publication date: March 3, 1992
For further information, please call: (512) 463-5505
       
The Texas Commission on Jail Standards adopts new sec. sec.259.18, 259.54-
259.57, 259.207, 259.238-259.241, 259.307, and 259.343-259.246, concerning new 
construction rules, without changes to the proposed text as published in the 
March 3, 1992, issue of the Texas Register (17 TexReg 1601).
In order to comply with the requirements of House Bill 93 (72nd Legislature, 
1991, Second Called Session), provisions are made for adequate separation of 
different classifications of inmates in new jail, low-risk, and podular/direct 
supervision facilities. The size, capacity, and furnishing of cells, 
dormitories, and day rooms are specified.
Jail inmates and staff will be provided with a safe, secure, and suitable 
environment.
No comments were received regarding adoption of the new sections.
The new sections are adopted under the Government Code, Chapter 511, which 
provides the Commission on Jail Standards with the authority to adopt reasonable 
rules and procedures establishing minimum standards for the construction, 
equipment, maintenance, and operation of county jails.
This agency hereby certifies that the rules as adopted have been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on April 3, 1992.
TRD-9204611
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 24, 1992
Proposal publication date: March 3, 1992
For further information, please call: (512) 463-5505
       
New Low Risk Design, Construction, and Furnishing Requirements
278>37TAC sec.sec.259.207, 259.238-259.241
The repeals are adopted under the Government Code, Chapter 511, which provides 
the Commission on Jail Standards with the authority to adopt reasonable rules 
and procedures establishing minimum standards for the construction, equipment, 
maintenance, and operation of county jails.
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 April 3, 1992.
TRD-9204607
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 24, 1992
Proposal publication date: March 3, 1992
For further information, please call: (512) 463-5505
       
 The new sections are adopted under the Government Code, Chapter 511, which 
provides the Commission on Jail Standards with the authority to adopt reasonable 
rules and procedures establishing minimum standards for the construction, 
equipment, maintenance, and operation of county jails.
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 April 3, 1992.
TRD-9204610
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 24, 1992
Proposal publication date: March 3, 1992
For further information, please call: (512) 463-5505
       
Podular/Direct Supervision Design, Construction, and Furnishing Requirements
37 TAC sec.sec.259.307, 259.343-259.346
The repeals are adopted under the Government Code, Chapter 511, which provides 
the Commission on Jail Standards with the authority to adopt reasonable rules 
and procedures establishing minimum standards for the construction, equipment, 
maintenance, and operation of county jails.
This agency hereby certifies that the rules as adopted have been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on April 3, 1992.
TRD-9204606
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 24, 1992
Proposal publication date: March 3, 1992
For further information, please call: (512) 463-5505
       
The new sections are adopted under the Government Code, Chapter 511, which 
provides the Commission on Jail Standards with the authority to adopt reasonable 
rules and procedures establishing minimum standards for the construction, 
equipment, maintenance, and operation of county jails.
This agency hereby certifies that the rules as adopted have been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on April 3, 1992.
TRD-9204609
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 24, 1992
Proposal publication date: March 3, 1992
For further information, please call: (512) 463-5505
       
Chapter 300. Fees and Payments
Emergency Overcrowding Relief
37 TAC sec.sec.300.21-300.27
The Texas Commission on Jail Standards adopts new sec. sec.300.21-300.27, 
concerning emergency overcrowding relief. Sections 300.21-300.23 are adopted 
with changes to the proposed text as published in the March 3, 1992, issue of 
the Texas Register (17 TexReg 1603). Sections 300.24-300.27 are adopted without 
changes and will not be republished.
In order to comply with the Government Code, Chapter 499, sec.499.124, 
procedures are delineated for calculating and making payments to qualifying 
counties for certain inmates awaiting transfer to the Texas Department of 
Criminal Justice-Institutional Division. Changes to the proposed text are made 
on the advice of legal counsel to clarify the responsibilities of the 
commission.
Overcrowding relief in the form of monetary payments to counties incarcerating 
certain inmates awaiting transfer to the state prison system will be provided in 
a timely manner through proper documentation of records.
One comment was received which was technical in the nature of the wording of the 
sections. The comment was incorporated into the adoption.
Commenting in favor was the Office of the Attorney General.
The new sections are adopted under the Government Code, Chapter 511, which 
provide the Commission on Jail Standards with the authority to adopt reasonable 
rules and procedures establishing minimum standards for the construction, 
equipment, maintenance, and operation of county jails.
sec.300.21. General.  The commission is required by the Government Code, Chapter 
499, sec.499.124 (concerning Emergency Overcrowding Relief) to make payments to 
qualifying counties for certain inmates awaiting transfer to the Texas 
Department of Criminal Justice-Institutional Division (TDCJ-ID), until September 
1, 1995.
sec.300.22. Qualifying County.  A qualifying county is defined by the Government 
Code, Chapter 499, sec.499.126 (concerning the Definition of Qualifying County).
sec.300.23. Method of Calculation. Qualifying counties will be paid based on 
percentages of a base number equal to the number of inmates confined in the jail 
on April 1, 1991, who were awaiting transfer to the TDCJ-ID as determined under 
the Government Code, Chapter 499, sec.499.123(a) (concerning Payment). The 
applicable percentages and calculations shall be as follows.
(1) From September 1, 1991 until August 31, 1993, the commission will pay a 
qualifying county the sum of $20 for each day of confinement for each inmate 
awaiting transfer in excess of 50% but less than or equal to 210% of the base 
number and the sum of $30 for each day of confinement for each inmate awaiting 
transfer in excess of 210% of the base number.
(2) From September 1, 1993, until September 1, 1995, the commission will pay a 
qualifying county the sum of $20 for each day of confinement for each inmate 
awaiting transfer in excess of 25% but less than or equal to 210% of the base 
number and the sum of $30 for each day of confinement for each inmate awaiting 
transfer in excess of 210% of the base number.
(3) The commission will pay the sum of $20 for each day of confinement for each 
inmate awaiting transfer to a qualifying county for which the base number is 
equal to zero.
(4) Percentage calculations are mathematically rounded up to whole integers. 
Payments are based on the number of inmates in excess of the rounded-up 
percentage requirements.
(5)  Payments, when appropriate, will be made to qualifying counties for each 
calendar month.
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 April 4, 1992.
TRD-9204605
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 24, 1992
Proposal publication date: March 3, 1992
For further information, please call: (512) 463-5505
       
Transfer of Felony Backlog
37 TAC sec.sec.300.51-300.63
The Texas Commission on Jail Standards adopts new sec. sec.300.51-300.63, 
concerning fees and payments. Sections 300.51-300.55 are adopted with changes to 
the proposed text as published in the March 3, 1992, issue of the Texas Register  
(17 TexReg 1604). Sections 300.56-300.63 are adopted without changes and will 
not be republished.
In order to comply with the Government Code, Chapter 499, sec.499.125, 
procedures are delineated for transferring inmates awaiting transfer to the 
Texas Department of Criminal Justice-Institutional Division (TDCJ-ID) from 
applicable county jails to appropriate facilities. Changes to the proposed text 
are made on the advice of legal counsel to clarify the responsibilities of the 
commission.
Orderly transfer of inmates to appropriate facilities from applicable county 
jails will help prevent further lengthy and costly litigation involving 
overcrowding issues. Inmates involved will be provided with safe, secure, 
suitable, and sanitary facilities.
One comment was received which was technical in the nature of the wording of the 
sections. The comment was incorporated into the adoption.
Commenting in favor was the Office of the Attorney General.
The new sections are adopted under the Government Code, Chapter 511, which 
provide the Commission on Jail Standards with the authority to adopt reasonable 
rules and procedures establishing minimum standards for the construction, 
equipment, maintenance, and operation of county jails.
sec.300.51. General.  The commission is required by the Government Code, Chapter 
499, sec.499.125 (concerning the Transfer of Felony Backlog) to transfer inmates 
awaiting transfer to the Texas Department of Criminal Justice-Institutional 
Division (TDCJ-ID) from an applicable county jail to appropriate facilities.
sec.300.52. Applicable County Jail. A jail is an applicable county jail when the 
commission determines that a jail meets the following criteria:
(1) a state or federal court determines that conditions in a county jail are 
unconstitutional; and
(2) on or after October 1, 1991, the percentage of inmates in the jail awaiting 
transfer to the TDCJ-ID is 20% or more of the total number of inmates in the 
jail.
sec.300.53. Appropriate Facility.  The executive director will develop a list of 
facilities which are appropriate to house the transferred inmates following 
determination by the commission that a jail is an applicable county jail. An 
appropriate facility may include a jail, detention center, work camp, or 
correctional facility.
sec.300.54. Administrative Order.  The commission will issue to the sheriff and 
commissioners court (by and through the county judge) of an applicable county 
jail upon determination by the commission that the jail meets the criteria of 
sec.300.52 of this title (relating to Applicable County Jail) a written 
administrative order to transfer felony backlog inmates to appropriate 
facilities.
sec.300.55. Request for Hearing. The sheriff or commissioners court of an 
applicable county jail to which the commission has issued an administrative 
order may, within 15 days after the date of the order, request a hearing upon 
any matter of fact or law with which he or the court disagrees. The request for 
hearing shall be in writing and shall comply with sec.297.8 of this title 
(relating to Request for Hearing). Upon receipt of a timely request for hearing, 
the commission may schedule a hearing to be conducted at a regular or special 
meeting of the commission.
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 April 3, 1992.
TRD-9204604
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Effective date: April 24, 1992
Proposal publication date: March 3, 1992
For further information, please call: (512) 463-5505
       
TITLE 40. SOCIAL SERVICES AND ASSISTANCE
Part I. Texas Department of Human Services
Chapter 48. Community Care for Aged and Disabled
In-home and Family Support Program
40 TAC sec.48.2703
The Texas Department of Human Services (DHS) adopts an amendment to sec.48. 2703 
concerning income eligibility, without changes to the proposed text as published 
in the February 25, 1992, issue of the Texas Register (17 Tex Reg 1528).
Justification for the amendment is implementation of an equitable copayment 
system which reflects the family's ability to pay.
The amendment will function by revising the copayment schedule based on updated 
state median income figures compiled by the United States Department of Health 
and Human Services.
No comments were received regarding adoption of the amendment.
The amendment 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 April 6, 1992.
TRD-9204684
Nancy Murphy
Agency liaison, Policy and Document Support
Texas Department of Human Services
Effective date: May 1, 1992
Proposal publication date: February 25, 1992
For further information, please call: (512) 450-3765