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 1. ADMINISTRATION Part IV. Office of the Secretary of State Chapter 81. Elections Voter Education 1 TAC sec.81.301 The Office of the Secretary of State adopts new sec.81.301, concerning voter education, with changes to the proposed text as published in the February 18, 1992, issue of the Texas Register (17 TexReg 1373). The new section is necessary to ensure that the conduct of a student mock election does not affect the proper and efficient conduct of a general, special, or primary election. The new section will prescribe the procedures necessary to conduct a student mock election in accordance with the Election Code and the laws of the State of Texas. Paragraph (9) was deleted and paragraph (10) was renumbered as paragraph (9). Several comments were received regarding the adoption of the new section. While each supported the education aspects of mock student elections, concerns regarding voting at the polling place were noted. The statute permits but does not require that student mock elections occur at the adult polling places. These rules establish specific special guidelines to eliminate interference with or confusion regarding the adult voting process. The new section is adopted under the Texas Election Code, sec.276.007(h), which provides the Office of the Secretary of State with the authority to prescribe any procedures necessary to implement this section and ensure that the conduct of a student election does not affect the proper and efficient conduct of a general, special, or primary election. sec.81.301. Ordered Student Mock Elections. The Secretary of State shall prescribe any procedures necessary to implement this section and ensure that the conduct of a student mock election does not affect the proper and efficient conduct of a general, special, or primary election. (1) A student mock election may be ordered by: (A) the commissioners court, for a student mock election held in conjunction with an election ordered by the governor or a county authority; (B) the governing body of a political subdivision, for a student mock election held in conjunction with an election of the political subdivision; (C) the county executive committee, for a student mock election held in conjunction with a primary election. (2) If a student mock election is ordered by the commissioners court, governing body of a political subdivision, or the county executive committee to be held in the adult polling place, it may only be held on election day or the day before the election, pursuant to the Election Code, sec.276.007. The restrictions set forth in sec.276.007 only apply to student mock elections held in conjunction with a general, special, or primary election. (3) The authority ordering a student mock election shall specify in the order each grade that may participate in the election. A student in a specified grade may enter a designated polling place or specified locale for the purpose of casting an unofficial ballot in the student election on the same offices and measures that appear on the official ballot. (4) The student mock election, if held in conjunction with a general, special, or primary election, shall not be disruptive nor infringe upon any rights provided a legal registered voter. (A) The student mock election, shall be implemented and conducted in accordance with the Election Code and laws of the State of Texas (whether or not conducted in the adult polling place), insofar as they are applicable, except as otherwise provided by these rules, or any directive from the Secretary of State's Office. (B) An official polling place may be used to conduct a student mock election by an entity, provided that the entity has submitted an application to the Secretary of State's Office pursuant to the rules and guidelines hereby prescribed and has secured final approval from the local authority and the secretary of state before the 60th day before the day of the student election. (The application is available through the Secretary of State's Office.) (C) A student mock election voting booth (or other voting system) shall not be within 50 feet of an adult voting booth that is located in the same room. The regular election judge may exercise his or her statutory authority to maintain order in the polling place to ensure that the mock election is not disruptive. Nothing in these rules shall be construed to lessen the authority of the regular election judge. Note: an exception to the distance requirement may be obtained with written permission from the Secretary of State's Office no later than 60 days before the day of the student election. (5) If it is not feasible to hold the student mock election in the same polling area as the regular election, an alternate location may be selected. The authority ordering the election shall determine the polling locations. The alternate sites should be selected to serve the convenience of the students and accompanying adults, without disrupting the adult voters. Recommended sites include the schools or other locations within the same building as the regular polling place. (A) The student mock election may be held at any time during the hours of 7 a.m. to 7 p.m., but the mock election is not required to remain open the entire time. (B) The student mock election is not required to use the same number of polling places, or the same locations as the regular election. (6) As practicable, the student mock election should adopt the voting system most prevalent in the students' community. If such a voting system is not available, any other voting system authorized by the election code may be used. (7) Regardless of the location of the student mock election polling area, no unauthorized persons, telephones, or any type of mechanical or electronic recording equipment, are allowed within the mock polling area. (8) The election officers serving in the official election may not serve in the student mock election. The authority ordering the election shall appoint a separate set of election officers to conduct the student mock election. All student mock election officers and organizers must be community volunteers. No county or state funds may be used for payment of election judges and clerks. (9) Tabulation of the results may begin at the time specified by the Election Code for the voting system used. Student mock election results may not be announced until after the adult polling places are closed on election day (7 p.m.). 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 March 23, 1992. TRD-9207691 Audrey Selden Assistant Secretary of State Office of the Secretary of State Effective date: June 25, 1992 Proposal publication date: February 18, 1992 For further information, please call: (512) 463-5701 TITLE 4. AGRICULTURE Part III. Texas Feed and Fertilizer Control Serviced Chapter 61. Feed Labeling 4 TAC sec.61.21, sec.61.22 The Texas Feed and Fertilizer Control Service adopts amendments to sec.61. 21 and sec.61.22 concerning labeling, without changes to the proposed text as published in the April 17, 1992, issue of the Texas Register (17 TexReg 2660). The amendments simplify and clarify previous rules. The amendments delete prohibition of negative labeling, delineate conditions under which declaration of contents can be made in the ingredient statement, set forth requirements for determining net weights, expend methods allowed for statement of minerals, specify conditions under which micro-organisms must be listed, change requirements for feeds containing more than 16% sugar, conformance to standard of identity, declaration of micro-organism, moisture, standardize state requirements for labeling vitamins and minerals with national standard. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Agriculture Code, sec.141.004, which provides the Texas Feed and Fertilizer Control Service with the authority to adopt rules as necessary for the enforcement of this Chapter following notice and a public hearing. 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 College Station, Texas, on June 2, 1992. TRD-9207647 George W. Latimer, Jr. Texas State Chemist Texas Feed and Fertilizer Control Service Effective date: June 25, 1992 Proposal publication date: April 17, 1992 For further information, please call: (409) 845-1121 TITLE 10. COMMUNITY DEVELOPMENT Part I. Texas Department of Housing and Community Affairs Chapter 9. Texas Community Development Program Subchapter A. Allocation of Program Funds 10 TAC sec.9.1, sec.9.3 The Texas Department of Housing and Community Affairs adopts amendments to sec.9.1 and sec.9.3, concerning allocation of program funds, with changes to the proposed text as published in the March 31, 1992, issue of the Texas Register (17 TexReg 2319). The amended sections concern the eligibility of small business incubator activities for the Texas Capital Fund under the Texas Community Development Program (TCDP). The amended sections allow Texas Capital Funds to be made available to eligible units of local government to provide financing for small business incubators. The amended sections establish the standards and procedures by which TDHCA will allocate these funds to eligible units of local government in Texas. The amended sections include threshold requirements and selection procedures and criteria. One comment was received from the Texas Department of Criminal Justice. Clarification was required concerning whether a research and development authority established under Chapter 382, Texas Local Government Code, is included within the definition of "incubator" or "incubator sponsor." Section 9.1(a)(9) has been changed to specifically include such authorities within the definition of "incubator sponsor." The Texas Department of Criminal Justice also asked whether the term "enterprise zone" as used in sec.9.3(h)(2) includes reinvestment zones created under Chapters 311 and 312 of the Texas Tax Code. Although designation of an area as an enterprise zone constitutes designation of the area as a reinvestment zone, the reverse is not true. An area designated as a reinvestment zone is not required to meet the standards of pervasive poverty, unemployment, and economic distress that are required for the area to be designated as an enterprise zone. For these reasons, a reinvestment zone that has not also been designated as an enterprise zone, may not be considered under sec.9.3(h)(2). In addition, sec.9.3(g)(2) has been changed to ensure consistency with the definition of "Slum or Blighted Area" in sec.9.1(a)(17). The amendments are adopted under Texas Civil Statutes, Article 4413(501), sec.2.07, which provide the Texas Department of Housing and Community Affairs with the authority to allocate CDBG nonentitlement area funds to eligible counties and municipalities according to department rules. sec.9.1. General Provisions. (a) (No change.) (1)-(7) (No change.) (8) Incubator-An incubator or small business incubator is defined as a facility within which small businesses share space, equipment, and support personnel and have access to professional consultants for advice related to the technical and management aspects of conducting a commercial enterprise. (9) Incubator sponsor-A non-profit organization or entity including a quasi- governmental entity, a junior college, an institution of higher learning as defined by the Education Code, sec.61.003, a private college or university, a small business development center, a development corporation created under state law, or a research and development authority established under Chapter 382, Texas Local Government Code that enters into a written agreement with the applicant to establish, operate, and administer a small business incubator. (10) Local government-A unit of general local government. (11) Low-and moderate-income person-A member of a family which earns less than 80% of the area median family income, as defined under the United States Department of Housing and Urban Development sec.8 Assisted Housing Program. (12) Nonentitlement area-An area which is not a metropolitan city or part of an urban county as defined in 42 United States Code, sec.5302. (13) Permanent job-A job for which continuation of employment is not dependent on funds provided through the Texas Community Development Program. (14) Poverty-The current official poverty line established by the director of the Federal Office of Management and Budget. (15) Primary beneficiary-A low-or moderate-income person. (16) Regional review committee-A regional community development review committee, one of which is established in each of the 24 state planning regions established by the governor pursuant to Texas Local Government Code, sec.391.003. (17) Slum or blighted area-An area which has been designated a state enterprise zone, or an area within a municipality or county that is detrimental to the public health, safety, morals, and welfare of the municipality or county because the area: (A) has a predominance of buildings or other improvements that are dilapidated, deteriorated, or obsolete due to age or other reasons; (B) is prone to high population densities and overcrowding due to inadequate provision for open space; (C) is composed of open land that, because of its location within municipal or county limits, is necessary for sound community growth through replatting, planning, and development for predominantly residential uses; or (D) has conditions that exist due to any of the causes enumerated in subparagraphs (A)-(C) of this paragraph or any combination of those causes that: (i) endanger life or property by fire or other causes; or (ii) are conducive to: (I) the ill health of the residents; (II) disease transmission; (III) abnormally high rates of infant mortality; (IV) abnormally high rates of juvenile delinquency and crime; or (V) disorderly development because of inadequate or improper platting for adequate residential development of lots, streets, and public utilities. (18) Slum or blight, spot basis-A building which has been declared as a slum or blight and has multiple and unattended building code violations, and qualifies as slum or blighted on a spot basis under local law. (19) State review committee-The State Community Development Review Committee established pursuant to Texas Civil Statutes, Article 4413(501), sec.2.10. (20) Underemployed person-A person who works less than 40 hours per week not by choice, at a salary that is not commensurate with his skills and experience. (21) Unemployed person-A person between the ages of 16 and 64, inclusive, who is not presently working but is seeking employment. (22) Unit of general local government-An entity defined as a unit of general local government in 42 United States Code, sec.5302(a)(1), as amended. (b)-(e) (No change.) (f) Citizen participation. (1) (No change.) (2) Application requirements. Prior to submitting an application, an applicant for Texas Community Development Program funding shall satisfy the following requirements. (A)-(E) (No change.) (F) The second public hearing must include a discussion of the proposed project, the amount of funds being requested, the estimated amount of funds proposed for activities that will benefit low- and moderate-income persons, or in the case of the small business incubator program may include the fulfillment of the national objective of aiding in the prevention or elimination of slums or blight, and the plans of the applicant to minimize displacement of persons and to assist persons actually displaced as a result of activities assisted with Texas Community Development Program funds, if applicable. The notice must include the location and hours when the application is available for review. (3)-(5) (No change.) (g)-(n) (No change.) sec.9.3. Texas Capital Fund. (a) General provisions. This fund covers projects which will result in either an increase in new, permanent employment within a community or retention of existing permanent employment; or may, in the case of the small business incubator program, include the fulfillment of the national objective in eliminating slum or blight. All jobs being created or retained must primarily benefit low- and moderate-income persons. A minimum of 51% of all of the jobs ultimately created or retained must have been for people who at the time of their employment had total family income below the low- and moderate-income limit for the county where the development occurred. If the project is designed to aid in the prevention or elimination of slums or blight, then it must meet the area slum or blight or spot slum or blight criteria and threshold requirements outlined in the pre-application. Eligible activities include the loan program, the infrastructure program, the real estate development program, and the small business incubator program. The loan program provides financing for activities such as machinery and equipment, working capital, the purchase of land and depreciable property, new construction, and rehabilitation of commercial or industrial facilities. The public infrastructure program provides funds for eligible activities such as the construction or improvement of water/wastewater facilities, public roads, natural gas-line services, electric- power services, and railroad spurs. The real estate development program provides a contract to an eligible applicant for the acquisition, construction, or rehabilitation of real estate in support of a specific business (either a for- profit entity or a nonprofit entity). The small business incubator program provides funds for an eligible applicant to acquire, construct, or rehabilitate real estate and to provide public improvements in support of a nonprofit incubator sponsor. The terms and criteria for the loan program, the public infrastructure program, the real estate development program, and the small business incubator program are further defined in the pre-application guidelines for the programs. A firm financial commitment from all funding sources other than the United States Department of Commerce Economic Development Administration is required upon submission of a pre-application. A letter from the United States Department of Commerce Economic Development Administration inviting a formal application under its public works program must be included in the pre-application if applicable. The leverage ratio between all funding sources and Texas Capital Funds must not be less than 1:1. In order for an applicant to be eligible for Texas Capital funding under the low and moderate income persons benefit objective, the cost per job calculation must not exceed $25,000. (1)-(2) (No change.) (3) The department will not consider any application for funding in which the business or incubator sponsor to be assisted thereunder has filed under the Federal Bankruptcy Code, and the matter is in the process of being adjudicated or in which such business has been adjudicated bankrupt. (4) The department will only consider applications that provide funding for one business or incubator sponsor. (5) (No change.) (6) A business or incubator sponsor which is currently being provided assistance from the Texas Capital Fund must create at least 50 permanent jobs in each additional proposed Texas capital fund project in order for such project to be considered for funding, with the exception of Small Business Incubator Program projects that have met the national objective of aiding in the prevention or elimination of slums or blight. (7) A Texas capital fund or governor's special assistance fund for small and minority businesses contractor must satisfactorily close out a contract in support of a specific business/incubator sponsor in order to be eligible to receive additional funds under the Texas capital fund for the same business/incubator sponsor. (8) (No change.) (b) (No change.) (c) Selection procedures. The department has entered into an interagency cooperation contract with the Texas Department of Commerce by which the Texas Department of Commerce performs marketing and underwriting services for this fund. Applications under this section are reviewed by the Texas Capital Fund Advisory Committee after they have been evaluated by staff of the Texas Department of Commerce. The Advisory Committee is appointed by the executive director of the Texas Department of Commerce and the community development block grant division director of the department. The Texas Department of Commerce and the department have equal representation on the Advisory Committee. The Texas Capital Fund Advisory Committee and staff make recommendations to the department's executive director for final award. The application and selection procedures consist of the following steps. (1) (No change.) (2) Upon receipt of a pre-application containing financial information on the business or incubator sponsor to be considered for funding, the staff of the Texas Department of Commerce performs an initial review to determine whether the pre-application is complete and whether the activities proposed are eligible for funding. In those instances where the staff of the Texas Department of Commerce determines that the pre-application is either incomplete or that the activities are ineligible for funding, the pre-application is returned for the applicant to complete or is cited as ineligible. The staff at the Texas Department of Commerce then conducts a review of each complete pre-application to make threshold determinations with respect to: (A)-(D) (No change.) (E) whether there is evidence that at least 51% of the permanent jobs created or retained will benefit low- and moderate-income persons and/or in the case of the Small Business Incubator Program may meet the national objective of aiding in the prevention or elimination of slums or blight. (3)-(4) (No change.) (5) The staff of the Texas Department of Commerce generates scores on selection criteria related to leverage ratio, cost per job, minority hiring, and project feasibility. Scores on factors in these categories are derived from information provided by the applicant. An infrastructure, loan, or real estate development program applicant must receive at least 60 points out of a possible 100 points to be considered for funding. An applicant that receives at least 60 points on such criteria may be invited to send a representative to make a presentation to the Texas Capital Fund Advisory Committee. An application submitted under the Small Business Incubator Program is not scored, however, an applicant must meet the minimum threshold requirements specified in the pre- application. (6)-(10) (No change.) (d) Selection criteria. The following is an outline of the selection criteria used for selection of projects under the Texas Capital Fund Infrastructure, Loan and Real Estate Development Programs. One hundred points are available. The terms and criteria used in this subsection are further defined in the pre- application guidelines for these programs. (1)-(4) (No change.) (e)-(f) (No change.) (g) Threshold requirements for the small business incubator program. The following is an outline of threshold requirements used for selection of projects under the Texas Capital Fund Small Business Incubator Program. The terms and criteria used in this subsection are further defined in the pre-application guidelines for this program. In order for its pre-application to be considered, an applicant must meet either Paragraphs (1), (2), or (3) of this subsection. (1) Low and moderate income persons benefit objective. Document that at least 51% or more of all the persons to benefit from the economic development activities qualify as low and moderate income persons. (2) Area slums/blight objective. Document the boundaries of the area designated as a slum or blighted, document the conditions which qualified it under the definition in sec.9.1(a)(17), and the way in which the assisted activity addressed one or more of the conditions which qualified the area as slum or blighted. (3) Spot slum/blight objective. To show how this objective will be met, the applicant must: (A) document that the project qualifies as slum or blighted on a spot basis under local law; (B) describe the specific condition of blight or physical decay that is to be treated; (C) for rehabilitation carried out under this category, describe the specific conditions detrimental to public health and safety which will be corrected; and (D) provide details and scope of the proposed rehabilitation, by structure. (4) The staff at Texas Department of Commerce conducts a review of each complete pre-application to make threshold determinations with respect to the feasibility of each incubator project based on the soundness of the project. Factors examined include firm commitments for financial contributions; the jobs to be created or retained; the history of the incubator; the financial condition of the incubator, including a full review of the credit analysis and cash flow projections; the feasibility study and business plan; pre-lease commitments; demonstrated proof of community support; demonstrated linkages with related small business programs and educational institutions; and evidence of strong management experience of the incubator sponsor. (h) Additional criteria for the small business incubator program. (1) A minimum 10% equity injection (of the total project costs) in the form of cash, land, buildings, equipment, furniture, or fixtures by the applicant and/or incubator sponsor is required. (2) An incubator project located in a designated enterprise zone receives special consideration. 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 June 1, 1992. TRD-9207658 Anne O. Paddock Assistant General Counsel Texas Department of Housing and Community Affairs Effective date: June 25, 1992 Proposal publication date: March 31, 1992 For further information, please call: (512) 320-9526 TITLE 16. ECONOMIC REGULATION Part II. Public Utility Commission of Texas Chapter 23. Substantive Rules Customer Service and Protection 16 TAC sec.23.45 The Public Utility Commission of Texas adopts an amendment to sec.23.45, concerning billing, with changes to the proposed text as published in the December 27, 1991, issue of the Texas Register (16 TexReg 7687). The commission adopts amendments to subsection (f)(1)(A) so that end-user customers are properly informed regarding the entity who is responsible for setting the rates for the service for which the end-user customer is billed. Subsection (f)(1)(A) is revised slightly from the December published version in response to specific comments received by the commission, which are discussed infra. The section as adopted will require a telephone utility, when billing customers for services provided by private pay telephone providers, to identify on the bill the private pay telephone provider whose rates are used to calculate the charges for such services. These private pay telephone providers use automated call completion technology to complete operator service calls, e.g., third number billed calls, calling card calls, and collect calls. All of the following submitted comments in response to the December 27, 1991, Texas Register publication: Intellicall, Inc. (Intellicall); OAN Services, Inc. (OAN); Texas Statewide Telephone Cooperative, Inc. (TSTCI); and Texas Telephone Association (TTA). Generally, commenters supported the proposed amendment in that it would provide additional consumer information. However, commenters were concerned that other factors (e.g., technical problems involved in implementing the requirements of the amendment) might outweigh the consumer benefits. When a local exchange carrier (LEC) bills a customer for a call that was completed by a private pay telephone provider using automated operator service call completion technology, the amendment requires the LEC to identify that private pay telephone provider on the bill. Currently, such a call may be billed under the name of a billing agent that aggregates calls from many providers of operator services. Intellicall and OAN stated that the amendment will require the private pay telephone provider to purchase (indirectly through its billing agent) sub-carrier identification (Sub-CIC) services from the LECs. Intellicall and OAN expressed concern that Southwestern Bell Telephone Company's (SWBTs) rates for Sub-CIC services far exceed those of other telephone companies. OAN submitted that the cost of SWBT's Sub-CIC service may outweigh the benefit to consumers of knowing the identity of the private pay telephone provider. The commission is not persuaded by these comments. Neither OAN nor Intellicall demonstrated that SWBT's rates for overall billing and collection services, including Sub-CIC services, are unjust or unreasonable. Although OAN's comparison of SWBT's rates for Sub-CIC services to those of other carriers showed a variance, OAN did not state whether those other carriers recover the entire cost of Sub-CIC services through the rate elements used by OAN for comparison purposes. The commission is not willing to abandon the requirement to better inform consumers based on these comments. If OAN or Intellicall believes that SWBTR's rates for billing and collection services are not just and reasonable, either company may file a complaint with the commission. TSTCI claimed that the costs some LECs will incur to modify their billing systems will outweigh the benefit to consumers of having the private pay telephone provider identified on the bill. TSTCI believes that the benefit to customers of having the private pay telephone provider identified on the bill is minimal because private pay telephone providers often contract with another entity to handle customer inquiries. The commission finds that TSTCI's concerns do not outweigh the benefit to consumers of having the private pay telephone provider identified on the bill. There continues to be customer confusion over using pay telephones. Consumers must be given enough information so that they can make informed choices about what operator services to use. If a consumer is unhappy with the charges for a particular call, the consumer can associate the unacceptable charges with the responsible service provider only if that service provider is identified on the bill. Once the consumer is able to associate unacceptable charges with the responsible service provider, the consumer can make informed choices in the marketplace by listening to the call branding or by checking the posted information to ensure that he/she does not use the services of that provider. When making a billing inquiry about a particular call, the customer may deal with an entity hired by the private pay telephone provider to provide customer service. However, the customer must be able to identify the party truly responsible for the rates and services if the customer is to make informed choices among providers of operator services. TSTCI submitted that requiring LECs to identify private pay telephone providers that use automated call completion technology to complete operator service calls will only "exacerbate the problems the industry currently has with the rule as revised in 1991." The 1991 revision required LECs to include information on the bill that would identify the telecommunications utilities whose rates were used to calculate the charges for calls listed on the bill. TSTCI cited the following problems: messages sent for billing must be in an industry standard format; a national standard has not been established for Sub-CICs; and the current standard allows for only one CIC code in the record. TTA stated that "compliance is impossible at this time." However, some LECs are apparently complying with the section's current requirement, even though many of the telecommunications utilities that must be identified on the bill use the services of billing agents and thus require Sub-CIC identification. The only comments the commission received from LECs in this proceeding were those submitted by TSTCI and TTA. Based on information gathered by the commission's staff, it is possible for LECs to implement an interim solution for identifying the entity whose rates are used to bill the call. Existing fields in the standard record format for billing can be used to supply Sub-CIC information. For example, the LEC and the billing agent may agree to use the re-rate fields to supply the information necessary to identify the entity whose rates are used to calculate the charges for the call. Although TSTCI stated that it does not believe the implementation costs are justified, a variable length record could also be used in meeting the requirements of the section. LECs should fully explore these options. An LEC is not required to wait for a new national standard. If an LEC believes that it has good cause for not complying with the section, then a waiver request is the appropriate vehicle for the LEC to present its good cause case. TTA stated that LECs will be forced to discontinue providing billing and collection functions for many telecommunications utilities. Intellicall expressed its concern that LECs might indeed use this requirement to refuse to provide billing and collection services. The commission finds that LECs cannot simply refuse to provide billing and collection services as a way to comply with the rule. LECs should utilize the waiver process to demonstrate good cause for non-compliance. Unless a LEC is granted a waiver, it must establish a reasonable method for telecommunications utilities and private pay telephone providers, or their billing agents, to provide Sub-CIC information. If the telecommunications utility, private pay telephone provider, or billing agent refuses to comply with a reasonable method, the LEC may be able to discontinue providing the billing and collection service. However, the proper forum for any dispute about the fairness of the billing and collection service provided by an LEC is a complaint case. TSTCI requested that the rule provide an exception for intraLATA calls placed by a Texas LEC's customer in another LEC's out-of-state territory when that call is rated by the out-of-state LEC and is billed to a telephone number in the Texas LEC's territory (e.g., third number billed, billed to a calling card, or billed collect). TSTCI stressed that these calls: are rated by a regulated local exchange carrier; are billed under the billing LEC's intraLATA portion of the bill; and are under the full authority of the billing LEC for the purpose of making billing adjustments. TSTCI urged the commission to specifically exclude from the requirement alternately-billed intraLATA calls carried by a regulated LEC. At this time, the commission is willing to make an exception as requested by TSTCI. Subsection (f)(1)(A) is changed to incorporate TSTCI's suggestion. The amendment is adopted under Texas Civil Statutes, Article 1446c, sec.16, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction. sec.23.45. Billing. (a)-(e) (No change.) (f) Rendering and form of bills. (1) Telephone utilities. (A) Bills for telephone service shall be rendered monthly unless otherwise authorized by the commission, or unless service is rendered for a period of less than one month, and shall provide a listing of all charges due and payable including outstanding amounts in the same customer class the utility has chosen to transfer from a customer's prior delinquent account(s). The utility shall provide, at no charge to the customer, a breakdown of local service charges at the time the service is initially installed or modified and upon request. Additionally, a notice shall be included on the customer's bill offering, at no charge to the customer, either an annual or monthly itemized breakdown of all local service charges. The itemized breakdown may be provided as a part of the customer's bill or as a separate mailing. Itemized toll statements shall be included in each bill. If the telephone utility is billing the customer for services provided by another telecommunications utility or for services provided by a private pay telephone provider that uses automated call completion technology to complete operator service calls, the bill shall identify the utility or the private pay telephone provider whose rates are used to calculate the charges for each call listed on the bill. This requirement to identify the entity whose rates are used to calculate the charges does not apply to intraLATA services provided in another state by a regulated local exchange carrier. Customer billing sent through the United States mail shall be sent in an envelope. (B)-(C) (No change.) (2)-(3) (No change.) (g)-(n) (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 June 4, 1992. TRD-9207770 Mary Ross McDonald Secretary of the Commission Public Utility Commission of Texas Effective date: June 26, 1992 Proposal publication date: December 27, 1991 For further information, please call: (512) 458-0100 Part IV. Department of Licensing and Regulation Chapter 75. Air Conditioning and Refrigeration Contractor License Law 16 TAC sec.sec.75.20, 75.40, 75.80, 75.100 The Texas Department of Licensing and Regulation adopts amendments to sec.sec.75.20, 75.40, 75.80, and 75.100, concerning air conditioning and refrigeration contractors, without changes to the proposed text as published in the May 5, 1992, issue of the Texas Register (17 TexReg 3214). The amendments clarify existing rules and make department processing more efficient. Section 75.20 adds a paragraph which describes the work a duct cleaning person can do without a license. Section 75.40 adds the requirement that insurance coverage be submitted on the form furnished by the department. Section 75.80 deletes the provision to assess one-half the fee as an administrative charge on refund requests. Section 75.100 brings air conditioning rules into agreement with the revised rule for boiler repairs in the boiler program and clarifies the tasks an air conditioning and refrigeration contractor can perform on piping. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 8861, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the 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 June 5, 1992. TRD-9207721 Jack W. Garison Acting Executive Director Texas Department of Licensing and Regulation Effective date: June 26, 1992 Proposal publication date: May 5, 1992 For further information, please call: (512) 463-3127 TITLE 22. EXAMINING BOARDS Part XXVII. Board of Tax Professional Examiners Chapter 624. Education 22 TAC sec.sec.624.1-624.11 The Board of Tax Professional Examiners adopts new sec. sec.624.1-624.11 concerning education. Section 624.7 is adopted with changes to the proposed text as published in the December 20, 1991, issue of the Texas Register (16 TexReg 7436). Sections 624.1, 624.2, 624.3, 624.4, 624.5, 624.6, 624.8, 624.9, 624.10, and 624.11 are adopted without changes and will not be republished. The new sections establish rules for conduct of the education program for property tax officials required of them for certification under state law. This program was guided by rules of an agency that was abolished September 1, 1992, with responsibility transferred to this board. The new sections will provide guidance to a student population of registrants in property tax agencies and to course providers of professional associations and entrepreneurs. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 8885 as amended by 68th Legislature, which provide the Board of Tax Professional Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.624.7. Instructors. (a) The executive director shall maintain a list of all persons approved as instructors for board approved courses. (b) The board shall publish qualifications that a person must meet to be approved as an instructor. The qualifications may vary by course. Instructor approval will be contingent upon a person required to register with the board being in good standing with the board. (c) An individual may be considered for approval as a course in- structor by filing an Instructor Approval Request form with the executive director. The director shall either: (1) deliver a written notice of approval to the applicant within 21 days of the date the application is received; or (2) with concurrence of the board education committee, deliver a written notice of disapproval, with reasons therefore, to the applicant within 30 days of the date the application is received. (d) The Education Committee on recommendation of the executive director may withdraw approval of an instructor for: (1) providing false information on an approval request form; (2) failure to comply with board rules or board education standards or procedures; (3) unacceptable teaching skills or methods as evidenced by student, sponsor, or board evaluations. (4) cancellation, suspension, or revocation of the registration of an instructor who was or is registered with the board whether such action is final or probated. (e) If the education committee withdraws approval of an instructor, the executive director shall deliver a written notice of withdrawal to the individual within 15 days after the date the committee makes a determination. He shall include with the notice an explanation of the reasons for the action. An instructor whose approval is withdrawn may not request approval for at least one year from the date he receives a notice of withdrawal. (f) An individual who is denied approval as an instructor or an instructor whose approval is withdrawn will be advised in writing of the procedures for protesting the disapproval or withdrawal, and may protest by filing a petition with the board within 30 days after the date the executive director sends notice of the disapproval or withdrawal. (g) An instructor shall be placed on the inactive roll when he or she ceases teaching board approved or equivalent courses for a period of three consecutive years. To be placed on the active roll again the instructor must file a new request for approval. 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 June 3, 1992. TRD-9207595 Sam H. Smith Executive Director Board of Tax Professional Examiners Effective date: June 24, 1992 Proposal publication date: December 20, 1991 For further information, please call: (512) 329-7982 TITLE 25. HEALTH SERVICES Part II. Texas Department of Mental Health and Mental Retardation Chapter 401. System Administration Subchapter B. Interagency Agreements 25 TAC sec.401.53 The Texas Department of Mental Health and Mental Retardation adopts amendments to Exhibit J, which is adopted by reference in sec.401.53, without changes to the proposed text as published in the February 11, 1992, issue of the Texas Register (17 TexReg 1185). The amendment reallocates 78 level-of-care V beds (24 from the north, 12 from the west, 24 from the east, and 18 from the south) and 12 level-of-care VI beds (six from the north and six from the east) to the central region. The reallocation would meet the need evidenced by the applications received to establish ICF/MR facilities in the central region and has been approved by the Interagency Council on ICF/MR Facilities. No comments were received regarding adoption of the amendment. The amendment is proposed under the Health and Safety Code, Title 7, sec.532. 015, which provides the Texas Board of Mental Health and Mental Retardation with rulemaking powers. 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 May 29, 1992. TRD-9207631 Ann Utley Chairman Texas Board of Mental Health and Mental Retardation Effective date: June 25, 1992 Proposal publication date: February 11, 1992 For further information, please call: (512) 465-4670 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 5. Property and Casualty Insurance Subchapter M. Filing Requirements 28 TAC sec.5.9303 The State Board of Insurance of the Texas Department of Insurance adopts new sec.5.9303, concerning defining weather-related events as catastrophes or natural disasters, without changes to the proposed text as published in the March 20, 1992, issue of the Texas Register (17 TexReg 2115). Section 5.9303 adopts a definition of a weather-related event as a catastrophe or natural disaster for the purposes of allowing claims resulting from a defined catastrophe or natural disaster to be subject to the additional time periods for the processing of claims. The adoption of sec.5.9303 is in furtherance of the legislative directive in the Insurance Code, Article 21.55, sec.5(d), that the board define an event as a weather-related catastrophe or major natural disaster to effect additional days for the processing of claims. Section 5.9303 allows an insurer to petition the Texas Department of Insurance to review a weather-related event to determine if such event meets specified conditions that must exist in order to be defined as a catastrophe or natural disaster. The claims handling process set forth in personal lines policies allows specific time periods for the processing of claims. The determination by the Texas Department of Insurance of an event as a weather-related catastrophe or major natural disaster will permit insurers an additional 15 days to process claims arising directly from such an event. The agency received one set of comments, from the CNA Insurance Companies group. CNA did not specifically oppose the proposed section, but it expressed three concerns with respect to its provisions. The first comment of the sole commenter focused on the requirement that an individual insurer petition the department for determination that an event is a catastrophe. The commenter expressed a position that such a requirement is burdensome, and suggested that the department instead rely on information service organizations, such as the Property Claims Services, to determine if an exposure is large enough to warrant an extension of time for claims processing. The board disagrees with such a recommendation, since it conflicts with the language of the Insurance Code, Article 21.55, and the intent of the legislature to delegate to the board, not an outside party, the task of defining an event as a catastrophe. The definition of an event as a catastrophe directly affects the processing of claims for consumers, and therefore should remain the responsibility of the board rather than an outside party which does not have such a direct duty to the insurance consumers of Texas. The second comment was directed to the number of days for which claims processing is to be extended under the proposed section. The commenter suggested a more appropriate extension of time would be 30 days, instead of the 15 provided in the proposed section, because of the significant amount of claims processing work associated with weather-related catastrophes and major natural disasters. The board responds that it cannot provide for a time period greater than the 15 days specified in the proposed section. The legislature, in the Insurance Code, Article 21.55, sec.5(d), has explicitly provided that if an event is found by the Board to be a weather-related catastrophe or major natural disaster, the deadlines otherwise imposed by Article 21.55 are extended for 15 days. The third comment was directed to the threshold level of losses and the aggregate number of claims necessary to support a petition for weather-related catastrophe or major natural disaster. Specifically, it was urged that the threshold level of $5 million for losses and 3,000 claims in the aggregate for an event to be determined to be a catastrophe is unrealistic condition. The board disagrees, since the $5 million for losses and 3,000 for aggregate claims is a threshold standard commonly used nationwide to determine catastrophe loss. It must be the overall event itself determining whether a catastrophe has occurred, rather than whether an event may be a catastrophe to one or more insurance carriers. The section is adopted under the Insurance Code, Articles 21.55, sec.5(d), and 1.04(b), and Texas Civil Statutes, Articles 6252-13a, sec.4 and sec.5. The Insurance Code, Article 21.55, sec.5(d), authorizes the board to define a weather-related event as a catastrophe or natural disaster for the purpose of providing additional days in the claims handling process. Article 1.04(b) authorizes the board to determine rules in accordance with the laws of this state. Texas Civil Statutes, Article 6252-13a, sec.4, authorizes and requires each state agency to adopt rules of practice setting forth the nature and requirement of available procedures; sec.5 prescribes the procedure for adoption of rules by a state administrative agency. 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 June 8, 1992. TRD-9207804 Linda K. von Quintus-Dorn Chief Clerk Texaas Department of Insurance Effective date: June 29, 1991 Proposal publication date: December 13, 1991 For further information, please call: (512) 463-6327 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 5. Funds Management (Fiscal Affairs) Claims Processing-Payroll 34 TAC sec.5.46 The Comptroller of Public Accounts adopts new sec.5.46, concerning deductions for certain membership fees, with changes to the proposed text as published in the December 17, 1991, issue of the Texas Register (16 TexReg 7315). The new section defines terms and prescribes procedures for participation in the program under which deductions may be made from an employee's salary or wages to pay membership fees to state employee organizations. The following is a summary of the changes made to the proposed text. Subsection (a)(11)-(15) was renumbered. New paragraph (11) was added and provides a definition of "salary or wage leveling agreement," a term that is used in subsection (b)(6). Subsection (b)(3)(E) was rewritten to clarify the requirements that apply when a state employee organization changes the amount of membership fees it charges to state employees on an across-the-board basis. Subsection (b)(5) was rewritten to account for the fact that certain state agencies do not pay salaries or wages on the first working day of a month. Subsection (b)(6) was rewritten to account for the fact that certain state employees are not scheduled to work every month of the year. In addition, the new version of subsection (b)(6) makes eligible organizations responsible for calculating the deduction amount and instructing state employees about how to enter the correct deduction amount on authorization forms. Subsection (c)(1)(D) was rewritten to eliminate ambiguity. Subsection (c)(2) was changed by adding subparagraphs (D) and (E). Subparagraph (D) authorizes a state agency to accept or return an authorization form when the form postpones the first deduction beyond the effective date determined under the section. Subparagraph (E) requires a state agency to state in writing the reason for the return of an authorization form. Subsection (d)(2) was changed by adding subparagraph (D). The new subparagraph requires a state agency to state in writing the reason for the return of a cancellation form. Subsection (i)(3)(C) was rewritten to account for the fact that certain state agencies do not pay salaries or wages on the first working day of a month. Subsection (i)(5) was rewritten to provide definitive requirements for paying deducted membership fees directly to subordinate units of eligible organizations. The new subparagraph authorizes the comptroller to require a state employee organization to submit proof that an entity is a subordinate unit of the organization before a payment of deducted membership fees is paid directly to the entity. The comptroller is authorized under this subparagraph to periodically require the organization to submit proof that the entity is still a subordinate unit of the organization. Subsection (j) was rewritten to provide notice that the comptroller will be adopting at a later date a provision about the administrative fees that will be charged to cover start-up costs for the deduction program. Subsection (o)(5)(B) and (6)(B) was rewritten to provide state employee organizations with more flexibility about submitting authorization and cancellation forms to state agencies. Subsection (r) was deleted because the section is taking effect after February 1992. Comments from several sources were received about the proposed text of the new section. The University of Texas at Austin and Texas A&M University said that they do not pay salaries or wages to some employees on the first workday of the month. Therefore, it would be impossible for the universities to comply with the requirement to make the deduction from the salaries or wages that are paid on the first workday of the month. The universities suggested a change to the proposed text to provide more flexibility. The comptroller agrees with the suggestion and has changed subsections (b)(5) and (i)(3)(C) accordingly. Texas A&M University said that some of its employees do not work every month of the year. For example, some of its employees have contracts with the university that require the employees to work only nine months of each year. Some of those employees have asked the university to spread their salary payments evenly over 12 months. The university suggested that the new section specifically account for this type of employee. The comptroller agrees with the suggestion. The adopted text contains a definition of "salary or wage leveling agreement" in subsection (a) and has revised language for subsection (b)(6). Texas Tech University provided two comments. First, Texas Tech suggested that each state employee organization or subordinate unit of an organization be informed of the administrative cost of participating. The comptroller has not included this suggestion in the adopted text of the section because provisions about administrative fees will be adopted at a later date. Second, Texas Tech said it would be expensive to state agencies for state employees to be allowed to pay membership fees through payroll deduction to an unlimited number of eligible state employee organizations. The section does not impose a limit on the number of eligible state employee organizations because the comptroller does not believe statutory authority for the limit exists. The Texas Public Employees Association (TPEA) provided several comments. First, TPEA said state employee organizations that are certified within five years after the comptroller assesses the start-up fees should be required to pay a portion of those fees. The fees paid by those organizations should be used to make refunds to the organizations that initially paid the fees. The comptroller has not included this suggestion in the adopted text of the section because provisions about administrative fees will be adopted at a later date. Second, TPEA said that the amount of start-up fees assessed on each eligible state employee organization should be based on the first six months' participation in the membership fee deduction program instead of the number of members in each organization. The comptroller has not included this suggestion in the adopted text of the section because provisions about administrative fees will be adopted at a later date. Third, TPEA said that subsection (c)(2)(A) conflicts with subsection (o)(5) (B) and (6)(B). Subsection (o)(5)(B) requires a state agency to return an authorization form to the eligible organization that submitted the form if the agency receives the form during December. Subsection (o)(6)(B) requires an eligible organization to submit an authorization or cancellation form to a state agency by no later than the 15th calendar day after the organization receives the form. The comptroller does not believe that subsection (c)(2)(A) conflicts with subsection (o)(6)(B) because the former concerns authorization forms while the latter concerns cancellation forms. The comptroller has eliminated the apparent conflict between subsection (c)(2)(A) and subsection (o)(5)(B) by the revision of the latter subsection. The Texas State Employees Union (TSEU) provided several comments. First, TSEU suggested that the proposed text of the section be changed to provide a definition of "start-up costs" and an upper limit on those costs. TSEU suggested that state employee organizations be charged no more than $ .10 per member for start-up costs. TSEU said that without the changes, state agencies will use the implementation of the deduction program to make massive and unjustified overhauls of their existing payroll systems. The comptroller has not included this suggestion in the adopted text of the section because provisions about administrative fees will be adopted at a later date. Second, TSEU suggested that subsection (o)(5) be changed to require state employee organizations to submit authorization forms to state agencies only once each month. The comptroller believes that the organizations should be required to submit the forms within a reasonable time after they receive the forms and has changed subsection (o)(5) accordingly. Third, TSEU suggested that subsection (c)(2) require state agencies to state the reason for their return of authorization forms. The comptroller agrees with this suggestion and has changed the subsection accordingly. Fourth, TSEU suggested that the section specifically prohibit state agencies from requiring an employee to take any action to establish the deduction other than properly completing an authorization form. The comptroller disagrees with this suggestion because the payroll systems of some state agencies require the completion of additional forms or documentation before new deductions may be established. Fifth, TSEU suggested the deletion of subsection (e)(1)(C) because its requirements about authorization and cancellation forms are too restrictive. The comptroller disagrees with the suggestion because it is important for administrative reasons for those forms to be consistent. The new section is adopted under the Texas Government Code, sec.403.011, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the payment of accounts of the state. sec.5.46. Deductions for Certain Membership Fees. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Comptroller-The Comptroller of Public Accounts for the State of Texas. (2) Eligible organization-A state employee organization that the comptroller has certified in accordance with this section and whose certification has not been terminated. (3) Employer-A state agency that employs one or more state employees. (4) Fiscal year-The fiscal year of the State of Texas. (5) Holiday-A state or national holiday as specified by the General Appropriations Act or Texas Civil Statutes, Article 4591.2. (6) Include-Is a term of enlargement and not of limitation or exclusive enumeration. The use of the term does not create a presumption that components not expressed are excluded. (7) Institution of higher education-Has the meaning assigned by the Education Code, sec.61.003. (8) May not-Is a prohibition. The term does not mean "might not" or its equivalents. (9) Membership fee-The dues or fee that a state employee organization requires a state employee to pay to maintain membership in the organization. (10) Payee identification number-The 14-digit number that the comptroller assigns to each direct recipient of a payment made by the comptroller for the State of Texas. (11) Salary or wage leveling agreement-A contract or other agreement between a state employee and the employee's employer that requires the employer to pay the employee's total annual salary or wages over 12 months even though the employee is not scheduled to work each of those months. (12) Salary or wages-Base salary or wages, longevity pay, or hazardous duty pay. (13) State agency-A department, commission, council, board, office, agency, or other entity of Texas state government, including an institution of higher education. (14) State employee-An employee of a Texas state agency. The term includes an elected or appointed official, a part-time employee, an hourly employee, a temporary employee, an employee who is not covered by the Position Classification Act of 1961, and a combination of the preceding. The term excludes an independent contractor and the employee of an independent contractor. (15) State employee organization-An association, union, or other organization that advocates the interests of state employees concerning grievances, compensation, hours of work, or other conditions or benefits of employment. (16) Workday-A calendar day other than Saturday, Sunday, or a holiday. (b) Deductions. (1) Authorization of deductions. (A) A state employee may authorize one or more monthly deductions from the employee's salary or wages to pay membership fees to eligible organizations. (B) No state agency or state employee organization may state or imply that a state employee is required to authorize a deduction under this section. (C) A state employee may provide an authorization only if the employee: (i) properly completes an authorization form; and (ii) submits the form to the eligible organization to which the membership fees will be paid. (D) Neither the comptroller nor a state agency is liable or responsible for any damages or other consequences resulting from a state employee authorizing an incorrect amount of a deduction authorized by this section. (2) Manual change in the amount of a deduction. (A) At any time, a state employee may authorize a change in the amount to be deducted under this section from the employee's salary or wages. (B) A state employee may authorize a change in the amount of a deduction under this section only if the employee: (i) properly completes an authorization form; and (ii) submits the form to the affected eligible organization. (C) Neither the comptroller nor a state agency is liable or responsible for any damages or other consequences resulting from a state employee changing the amount of a deduction authorized by this section. (3) Automatic change in the amount of a deduction. (A) A state employee may authorize the employee's employer to change the amount of a deduction under this section from the employee's salary or wages without the employee first submitting an authorization form for the change. (B) A state employee may provide an authorization under subparagraph (A) of this paragraph only for a change that is needed because an eligible organization has changed the amount of membership fees it charges to state employees. An employee may not provide the authorization for a change that is needed because the employee's salary or wages have increased or decreased. (C) Even if a state employee provides the authorization under subparagraph (A) of this paragraph, the employee's employer may require the employee to submit a properly completed authorization form to the employer before the employer changes the amount of a deduction under this section from the employee's salary or wages. (D) A state employee may provide the authorization under subparagraph (A) of this paragraph only if the employee: (i) properly completes an authorization form that enables state employees to provide the authorization; and (ii) submits the form to the affected eligible organization. (E) When an eligible organization wants to change the amount of membership fees it charges to state employees, the organization must provide prior written notification of the change to the comptroller. If the comptroller receives the notification on the first calendar day of a month, then the change is effective for the salary or wages paid to state employees on the first workday of the second month following the month in which the comptroller receives the notification. If the comptroller receives the notification after the first calendar day of a month, then the change is effective for the wages and salaries paid to state employees on the first workday of the third month following the month in which the comptroller received the notification. (4) Sufficiency of salary or wages to support a deduction. (A) A state employee is solely responsible for ensuring that the employee's salary or wages are sufficient to support a deduction authorized by this section. (B) If a state employee's salary or wages are sufficient to support only part of a deduction authorized by this section, then no part of the deduction may be made. (C) The amount that could not be deducted from a state employee's salary or wages because they were insufficient to support the deduction may not be made up by deducting the amount from subsequent payments of salary or wages to the employee. (5) Timing of deductions. (A) Except as provided in subparagraph (B) of this paragraph, a deduction authorized by this section must be made from the salary or wages that are paid on the first working day of a month. (B) If a state employee does not receive a payment of salary or wages on the first working day of a month, then the employer of the employee may designate the payment of salary or wages to the employee from which a deduction authorized by this section will be made. A deduction authorized by this section may be made only once each month. (6) Regularity of deductions. (A) This subparagraph applies to a state employee who is scheduled by the employee's employer to work each month of a year. A deduction authorized by this section must be calculated so that the total membership fee paid by a state employee per year is spread evenly over 12 monthly deductions. (B) This subparagraph applies to a state employee who is not scheduled by the employee's employer to work each month of a year. (i) If a state employee has entered into a salary or wage leveling agreement, then a deduction authorized by this section must be calculated so that the total membership fee paid by the employee per year is spread evenly over the months the employee will be paid under the agreement. (ii) If a state employee has not entered into a salary or wage leveling agreement, then a deduction authorized by this section must be calculated so that the total membership fee paid by the employee per year is spread evenly over the months the employee will be paid. (C) The eligible organization to which a state employee authorizes a deduction under this section is responsible for calculating the deduction amount in accordance with this paragraph. The eligible organization is also responsible for instructing the state employee about how to enter the correct deduction amount on the authorization form. (7) Retroactive deductions. (A) In this paragraph, "retroactive deduction" means a deduction authorized by this section to the extent the purpose of the deduction is: (i) to correct an error made in a previous month that resulted in the amount of money deducted being less than the amount authorized by a state employee; or (ii) to catch-up on the amount of membership fees owed by a state employee to an eligible organization because a deduction authorized by this section was not made in one or more previous months. (B) A retroactive deduction is prohibited unless: (i) an error described in subparagraph (A)(i) of this paragraph was committed by the employer of the employee; and (ii) the eligible organization that received the erroneous deduction consents to the retroactive deduction. (8) Cancellation of deductions. (A) A state employee may cancel at any time a deduction authorized by this section. (B) A state employee may cancel a deduction authorized by this section to an eligible organization only if the employee: (i) properly completes a cancellation form and submits the form to the organization or the employee's employer; or (ii) provides other written notice of the cancellation to the organization or the employee's employer. (C) If a state employee submits a cancellation form or other written notice of cancellation to the employee's employer, then the agency must include a copy of the form or notice with the next detail report that the agency sends to the affected eligible organization. (D) Neither the comptroller nor a state agency is liable or responsible for any damages or other consequences resulting from a state employee cancelling a deduction authorized by this section. (9) Interagency transfers of state employees. A state employee who transfers from one state agency to a second state agency must be treated by the second state agency as if the employee has not yet authorized any deductions under this section. (c) Effectiveness of authorization forms. (1) Effective date of authorization forms. (A) This subparagraph applies if a state agency receives a state employee's properly completed authorization form on the first calendar day of a month. (i) The first deduction authorized by this section must be made from the employee's salary or wages that are paid on the first workday of the first month following the month in which the agency receives the form. (ii) If an authorization form is submitted to change the amount of a deduction authorized by this section, then the change is effective with the deduction made on the first workday of the first month following the month in which the agency receives the form. (B) This subparagraph applies if a state agency receives a state employee's properly completed authorization form after the first calendar day of a month. (i) The first deduction authorized by this section must be made from the employee's salary or wages that are paid on the first workday of the second month following the month in which the agency receives the form. However, the agency may consent for the first deduction to occur from the salary or wages that are paid on the first workday of the first month following the month in which the agency receives the form. (ii) If an authorization form is submitted to change the amount of a deduction authorized by this section, then the change is effective with the deduction made on the first workday of the second month following the month in which the agency receives the form. However, the agency may consent for the change to be effective with the deduction made on the first workday of the first month following the month in which the agency receives the form. (C) If the first calendar day of a month is not a workday, then the first workday following the first calendar day is the deadline for the receipt of properly completed authorization forms. (D) A state agency may not give any effect to an authorization form that the agency receives during December 1992 or during December of a later year. (E) Eligible organizations are solely responsible for ensuring that properly completed authorization forms are received by the deadline. (2) Return of authorization forms. (A) A state agency shall return an authorization form to the eligible organization that submitted the form if the agency received the form during December 1992 or during December of a later year. (B) A state agency shall return an authorization form to the eligible organization that submitted the form if: (i) the form is incomplete, contains erroneous data, or is otherwise insufficient; and (ii) a deficiency listed in clause (i) of this subparagraph makes it impossible for the agency to establish the deduction in accordance with the form. (C) A state agency shall return an authorization form to the eligible organization that submitted the form if the form is for an individual who is not employed by the agency. (D) A state agency may either accept an authorization form from or return an authorization form to the eligible organization that submitted the form when the form postpones the first deduction authorized by this section beyond the effective date determined under paragraph (1) of this subsection. If the agency accepts the authorization form, then the agency may not make the deduction effective before the effective date specified on the form. (E) A state agency shall state in writing the reason for the return of an authorization form. The statement must be attached to the form being returned. (3) Copies of authorization forms. An eligible organization is solely responsible for making a copy of each authorization form before the organization submits the form to the appropriate state agency. (d) Effectiveness of cancellation forms and cancellation notices. (1) Effective date of cancellation forms and cancellation notices. (A) This subparagraph applies if a state agency receives a state employee's properly completed cancellation form or cancellation notice on the first calendar day of a month. A state employee's cancellation of a deduction authorized by this section is effective for the salary or wages paid to the employee on the first workday of the first month following the month in which the agency receives the cancellation form or cancellation notice. (B) This subparagraph applies if a state agency receives a state employee's properly completed cancellation form or cancellation notice after the 1st calendar day of a month. A state employee's cancellation of a deduction authorized by this section is effective: (i) for the salary or wages paid to the employee on the first workday of the second month following the month in which the agency receives the cancellation form or cancellation notice; or (ii) for the salary or wages paid to the employee on the first workday of the first month following the month in which the agency receives the cancellation form or cancellation notice if the agency consents to this effective date. (C) If the 1st calendar day of a month is not a workday, then the first workday following the 1st calendar day is the deadline for the receipt of properly completed cancellation forms or cancellation notices. (D) State employees and eligible organizations are responsible for ensuring that properly completed cancellation forms and cancellation notices are received by the deadline. (2) Return of cancellation forms and cancellation notices. (A) A state agency shall return a cancellation form or cancellation notice to the state employee or the eligible organization that submitted the form or notice if: (i) the form or notice is incomplete, contains erroneous data, or is otherwise insufficient; and (ii) a deficiency listed in clause (i) of this subparagraph makes it impossible for the agency to cancel the deduction in accordance with the form or notice. (B) A state agency shall return a cancellation form or cancellation notice to the state employee or the eligible organization that submitted the form or notice if the form or notice is for an individual who is not employed by the agency. (C) If a state agency returns a cancellation form or cancellation notice to an eligible organization, then the agency must promptly mail or deliver a copy of the returned form or notice to the state employee who completed it. (D) A state agency shall state in writing the reason for the return of a cancellation form. The statement must be attached to the form being returned. (3) Copies of cancellation forms and cancellation notices. A state employee or eligible organization is responsible for making a copy of the employee's cancellation form or cancellation notice before the employee or organization submits the form to the employee's employer. (e) Authorization and cancellation forms. (1) The comptroller's approval of authorization and cancellation forms. (A) An eligible organization may not distribute or provide an authorization or cancellation form to a state employee until the organization has received the comptroller's written approval of the form. (B) As a condition for retaining its eligibility, an eligible organization must produce an authorization form and a cancellation form that comply with the comptroller's requirements and this section. The organization must produce the forms within a reasonable time after the organization receives its certification from the comptroller. (C) The comptroller may not approve the authorization or cancellation form of an eligible organization unless: (i) the form is at least 8 1/2 inches wide; (ii) the form is at least 11 inches long; and (iii) the cancellation form clearly informs state employees that they are not required to state a reason for a cancellation; and (iv) the form complies with the comptroller's requirements for format and substance. (D) An eligible organization must revise an authorization or cancellation form upon request from the comptroller. The organization may not distribute or otherwise make available to state employees a revised form until the organization has received the comptroller's written approval of the form. (2) Distribution of authorization or cancellation forms. (A) An eligible organization must provide an authorization or cancellation form to a state employee or state agency promptly after receiving: (i) an oral or written request for the form from the employee or agency; or (ii) an oral or written request to provide the form to the employee from the comptroller or the employee's employer. (B) A state agency may maintain a supply of cancellation forms and distribute the forms to its state employees upon request. An eligible organization shall promptly provide the forms to the agency upon request. (f) Procedural requirements for certifying state employee organizations. (1) Request for certification. (A) The comptroller may not certify a state employee organization unless the comptroller receives a written request for certification from an individual who is authorized by the organization to make the request. (B) The comptroller may not certify a state employee organization if the comptroller receives the organization's request for certification after June 3rd of a fiscal year. (2) Requirements for requests for certification. The comptroller may not certify a state employee organization unless the organization's request for certification includes: (A) the organization's complete name; (B) the street address of the headquarters of the organization; (C) the mailing address of the headquarters of the organization, if different from the street address; (D) the full name, title, telephone number, and mailing address of the organization's primary contact; (E) a specific request for certification as an eligible organization; (F) a specific agreement to pay the administrative fees charged by the comptroller under this section; (G) a specific acceptance of the requirements of this section as they exist at the time the request is made or as adopted or amended thereafter; (H) the payee identification number of the organization; and (I) the other information that the comptroller deems necessary. (g) Substantive requirements for certifying state employee organizations. (1) Membership. (A) The comptroller may not certify a state employee organization unless it submits persuasive evidence to the comptroller that the organization had a membership of at least 4,000 state employees throughout the 18 months preceding the month in which the comptroller receives the organization's request for certification. (B) An example of the evidence that the comptroller may review is a membership roster containing the name of each state employee who is a member of the organization, the date each employee joined the organization, and the date through which each employee's membership fees are paid. (2) Statewide activities. The comptroller may not certify a state employee organization unless it demonstrates to the comptroller that the organization conducts activities on a statewide basis. A state employee organization may satisfy this requirement by submitting any relevant evidence, including newsletters, news articles, correspondence, and membership rosters containing the names and addresses of the organization's members. (3) Membership fee structure. (A) The comptroller may not certify a state employee organization unless it proves to the comptroller that the organization had a membership fee structure for state employees throughout the 18 months preceding the month in which the comptroller receives the organization's request for certification. A state employee organization may satisfy this requirement by submitting relevant evidence, including dated enrollment forms from state employees, documentation about the fees structure, and financial records. (B) The comptroller may not certify a state employee organization unless it demonstrates to the comptroller that the membership fees collected from state employees will be equal to an average of at least one-half of the membership fees received by the organization nationwide. A state employee organization may satisfy this requirement by submitting financial records that compare the membership fees to be received from state employees with the membership fees received from other individuals throughout the nation. (4) Electronic funds transfers. The comptroller may not certify a state employee organization unless: (A) the organization has submitted a request to be paid through electronic funds transfers under rules adopted by the comptroller; and (B) the comptroller has approved the request. (5) Exception. (A) The comptroller shall certify a state employee organization that demonstrates to the satisfaction of the comptroller that the organization had a membership of at least 4,000 state employees on April 1, 1991. The organization is not required to satisfy any of the other substantive requirements of this subsection except for paragraph (4) of this subsection. (B) A state employee organization may demonstrate that the organization had a membership of at least 4,000 state employees on April 1, 1991, only by: (i) submitting a membership roster containing the name of each state employee who was a member of the organization on April 1, 1991; (ii) the date each employee joined the organization; and (iii) the date through which each employee's membership fees were paid as of April 1, 1991. (6) Notifications. (A) The comptroller shall mail a notice to a state employee organization about the comptroller's approval or disapproval of the organization's request for certification by no later than the 30th day after the comptroller receives the request if the request is complete in all respects. (B) The comptroller shall notify each state agency of the comptroller's certification of a state employee organization by no later than the 30th day after the comptroller makes the certification. (h) Effective date of certification. (1) General effective date. Except as provided in paragraph (2) of this subsection, the first deduction to pay a membership fee to an eligible organization may be made from salary or wages paid on the first workday of the second month following the month in which the comptroller certifies the organization. (2) Exception. The first deduction to pay a membership fee to an eligible organization may be made from the salary or wages paid on February 3, 1992, if the comptroller certifies the organization during January 1992. (i) Payments of deducted membership fees. (1) Payments by the comptroller through electronic funds transfers. The comptroller shall pay deducted membership fees to an eligible organization by electronic funds transfer unless it is infeasible to do so. (2) Payments through warrants issued by the comptroller. (A) This paragraph applies only if it is infeasible for the comptroller to pay deducted membership fees to an eligible organization by electronic funds transfer. (B) The comptroller shall pay deducted membership fees by warrant. (C) The comptroller must issue one warrant for each combination of state agency, eligible organization, and payroll voucher submitted by the agency if the agency has at least one state employee from whose salary or wages a deduction is made under this section. The comptroller must make the warrant payable to the organization. (D) The comptroller must make each warrant available for pick-up by the state agency whose employees' membership fees are being paid by the warrant. The agency must mail or deliver the warrant to the payee of the warrant by no later than the 10th calendar day of the month. If the 10th calendar day of a month is not a workday, then the first workday following the 10th calendar day is the deadline for the mailing or delivery of warrants. (3) Payments by institutions of higher education. (A) This paragraph applies only to membership fees in eligible organizations that have been deducted from salaries or wages that the comptroller does not pay directly to state employees of institutions of higher education. (B) An institution of higher education shall pay deducted membership fees to an eligible organization by electronic funds transfer unless it is infeasible to do so. (C) If it is infeasible for an institution of higher education to pay deducted membership fees to an eligible organization by electronic funds transfer, then the institution shall pay the fees by check. The check must be mailed or delivered to the organization by no later than the 20th calendar day of the month following the month when the salary or wages from which the deductions were made were earned. If the 20th calendar day of a month is not a workday, then the first workday following the 20th calendar day is the deadline for the mailing or delivery of checks. (4) Payment reconciliation and discrepancies. (A) An eligible organization shall reconcile the detail report provided by a state agency under subsection (p) of this section with the amount of membership fees paid to the organization under the subsection. (B) An eligible organization must report all discrepancies between the detail report provided by a state agency under subsection (p) of this section and the actual amount of membership fees received under this subsection. The organization must ensure that the agency receives the organization's report of the discrepancies by no later than the 60th calendar day after the day on which the agency mailed the detail report to the organization. If the 60th calendar day is not a workday, then the first workday following the 60th calendar day is the deadline. (C) A state agency that receives a report of discrepancies from an eligible organization shall investigate the discrepancy and notify the organization of the action to be taken to eliminate the discrepancy. A discrepancy may be eliminated by: (i) making a retroactive deduction if it is authorized by subsection (b)(7) of this section; (ii) recovering an excessive payment to an eligible organization of amounts deducted under this section from a subsequent payment to the organization; (iii) recovering an excessive payment to an eligible organization of amounts deducted under this section by obtaining a refund from the organization in accordance with subsection (o)(7) of this section; or (iv) the agency making corrections to the detail report if the report is incorrect. (5) Subordinate units of eligible organizations. (A) A chapter or other subordinate unit of an eligible organization may receive directly from the comptroller or an institution of higher education a payment of deducted membership fees if: (i) the fees were deducted under authorization forms that authorized the payment of the fees to the organization; and (ii) the organization is credited on the accounting records of the State of Texas for the payment. (B) A request to pay deducted membership fees to a chapter or subordinate unit instead of the parent eligible organization must be submitted to the comptroller by the organization. (C) The comptroller may grant a request under subparagraph (B) of this paragraph only if the membership fee structure of the chapter or subordinate unit is the same as the membership fee structure of the parent eligible organization. (D) The comptroller's granting of a request under subparagraph (B) of this paragraph is not a certification of the chapter or subordinate unit as an eligible organization. (E) The comptroller may require an eligible organization to submit proof that an entity is a chapter or other subordinate unit of the organization before a payment of deducted membership fees is paid directly to the entity. The comptroller may periodically require the organization to submit proof that the entity is still a chapter or other subordinate unit of the organization as a condition for continuing to pay deducted membership fees directly to the entity. (j) Charging administrative fees to cover start-up costs. The comptroller intends to adopt at a later date provisions relating to the administrative fees that will be charged to cover start-up costs. (k) Charging administrative fees to cover costs incurred during fiscal year 1992. The comptroller intends to adopt at a later date provisions relating to the administrative fees that will be charged to cover costs incurred during fiscal year 1992. (l) Charging administrative fees to cover costs incurred during fiscal year 1993. The comptroller intends to adopt at a later date provisions relating to the administrative fees that will be charged to cover costs incurred during fiscal year 1993. (m) Charging administrative fees to cover costs incurred during fiscal year 1994 and subsequent fiscal years. The comptroller intends to adopt at a later date provisions relating to the administrative fees that will be charged to cover costs incurred during fiscal year 1994 and subsequent fiscal years. (n) Solicitation. Nothing in this section prohibits the head of a state agency from permitting or prohibiting solicitation by eligible organizations on the premises of the agency. (o) Responsibilities of eligible organizations. (1) Disseminating information. (A) An eligible organization is solely responsible for the dissemination of relevant information to its representatives and employees. (B) An eligible organization must ensure that its representatives and employees comply with the requirements of this section. (2) Notification to the comptroller. An eligible organization must notify the comptroller in writing immediately after a change occurs to: (A) the organization's name; (B) the street address of the headquarters of the organization; (C) the mailing address of the headquarters of the organization, if different from the street address; or (D) the full name, title, telephone number, or mailing address of the organization's primary contact; (3) Primary contact. The individual that a state employee organization designates as its primary contact must represent the organization for the purposes of: (A) communicating with the comptroller, including receiving and responding to correspondence from the comptroller; and (B) disseminating information, including information about the requirements of this section, to representatives of the organization. (4) Payee identification number. The payee identification number of an eligible organization must appear on all correspondence from the organization to the comptroller or a state agency. (5) Acceptance and submission of authorization forms. (A) An eligible organization must accept an authorization form from a state employee if a refusal to accept the form would violate a law of the United States or the State of Texas. (B) An eligible organization must make a reasonable effort to ensure that the appropriate state agency receives the original of a state employee's authorization form within a reasonable time after the organization receives the form. If an eligible organization receives an authorization form during the month of December, then the reasonable time deadline does not begin running until the first workday of the following January. (6) Acceptance and submission of cancellation forms and cancellation notices. (A) An eligible organization must accept a cancellation form or cancellation notice from a state employee unless: (i) the employee is not a member of the organization; or (ii) the employee did not properly complete the cancellation form. (B) An eligible organization must make a reasonable effort to ensure that the appropriate state agency receives the original of a state employee's cancellation form or cancellation notice within a reasonable time after the organization receives the form or notice. (7) Refunding excessive payments of amounts deducted under this section. (A) An eligible organization shall refund a payment of amounts deducted under this section to the extent the amount exceeds the amount that should have been paid to the organization if: (i) the organization receives a written request for the refund from a state agency; (ii) the agency provides reasonable evidence of the overpayment to the organization; and (iii) no subsequent payments of amounts deducted under this section are anticipated to be made to the organization. (B) If a refund is required by subparagraph (A) of this paragraph, the organization must ensure that the appropriate state agency receives the refund by no later than the 30th calendar day after the later of: (i) the date on which the organization receives the agency's written request for the refund; and (ii) the date on which the organization receives the agency's reasonable evidence of the overpayment. (p) Responsibilities of state agencies. (1) Reports of violations. A state agency may report to the comptroller a violation of this section that the agency believes an eligible organization or its representatives or employees might have committed. A report must be made in writing, and a copy of the report must be mailed to the organization at the same time that the original of the report is mailed to the comptroller. (2) Authorization forms. A state agency: (A) may accept authorization forms only if they comply with this section; (B) must ensure that the identifying information for an eligible organization on an authorization form is the same as the identifying information on the notification document received from the comptroller under subsection (g)(6)(B) of this section; and (C) may not accept an authorization form that contains an obvious alteration without the state employee's written consent to the alteration. (3) Detail reports to eligible organizations. (A) This subparagraph applies to the employer of one or more state employees from whose salary or wages deductions authorized by this section are made. An employer must submit a detail report each month to each eligible organization that receives the deductions. The report must be submitted in the manner required by the organizations unless the employer is incapable of complying with the requirement. (B) A detail report to an eligible organization for a month must include: (i) the name, in alphabetical order, and social security number of each state employee from whose salary or wages a deduction was authorized by this section for the month, regardless of whether the deduction was actually made; and (ii) the amount of the deduction made for each employee. (C) This subparagraph applies when the comptroller or an institution of higher education pays membership fees to an eligible organization by warrant or check. The appropriate state agency must mail the detail report for the payment to the organization by no later than the 20th calendar day of the month in which the payment was made. If the 20th calendar day is not a workday, then the first workday following the 20th calendar day is the deadline for mailing the report. (D) This subparagraph applies when the comptroller or an institution of higher education pays membership fees to an eligible organization by electronic funds transfer. The appropriate state agency must mail the detail report for the payment to the organization by no later than the 20th calendar day of the month in which the payment was made. If the 20th calendar day is not a workday, then the first workday following the 20th calendar day is the deadline for mailing the report. (q) Termination of certification. (1) Termination by the comptroller. (A) The comptroller may terminate the certification of an eligible organization only if the organization violates: (i) subsection (e) (1) of this section; or (ii) subsection (j)(3)(B) of this section. (B) The comptroller may determine the effective date of a termination under this paragraph. No deduction authorized by this section may be made to an eligible organization on or after the effective date of a termination under this paragraph. (C) When the comptroller terminates the certification of an eligible organization, the comptroller shall send written notice of the termination to the organization via certified mail, return receipt requested. (2) Termination by eligible organizations. (A) An eligible organization may terminate its participation in the deduction program authorized by this section only by terminating its certification. (B) An eligible organization may terminate its certification by providing written notice of termination to the comptroller. However, an organization may not provide written notice of termination to the comptroller until the organization has provided written notice of termination to each state employee from whose salary or wages a membership fee to the organization is being deducted. (C) An eligible organization's termination of its certification is effective beginning with the salary or wages that are paid on the first workday of the third month following the month in which the comptroller receives the organization's proper notice of termination. 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 June 4, 1992. TRD-9207713 Martin Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: June 26, 1992 Proposal publication date: December 17, 1992 For further information, please call: (512) 463-4028 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part XIII. Texas Commission on Fire Protection Chapter 461. General Administration 37 TAC sec.sec.461.1, 461.3, 461.5, 461.7, 461.9, 461.11, 461.13, 461.15, 461.17, 461.19, 461.21, 461.23, 461.25, 461.27 The Texas Commission on Fire Protection adopts the repeal of sec.sec.461.1, 461.3, 461.5, 461.7, 461.9, 461.11, 461.13, 461.15, 461.17, 461.19, 461.21, 461.23, 461.25, and 461.27, without changes as published in the March 10, 1992, issue of the Texas Register (17 TexReg 1809). The repealed sections consist of the rules of the Fire Department Emergency Board. Those sections are being revised and proposed as new sections by the Texas Commission on Fire Protection, pursuant to the transfer of the powers, duties, rights, and obligations of the Fire Department Emergency Board to the Texas Commission on Fire Protection by Senate Bill 383, the Government Code, sec.419. The repeal of the sections will provide for the incorporation of new agency rules and the reorganization and revision of those repealed. No comments were received regarding adoption of the repeals. The repeals are adopted under the Government Code, sec. sec.419.051-419.064, which provides the Texas Commission on Fire Protection with the authority to establish rules for the administration of the Fire Department Emergency Program. 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 June 5, 1992. TRD-9207773 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: June 26, 1992 Proposal publication date: March 10, 1992 For further information, please call: (512) 873-1700 37 TAC sec.sec.461.1-461.4 The Texas Commission on Fire Protection adopts new sec. sec.461.1-461.4, concerning the administration of the Fire Department Emergency Program, without changes to the proposed text as published in the March 10, 1992, issue of the Texas Register (17 TexReg 1809). The new sections adopted are necessary to define the procedures for electing committee members, to outline the rules governing meetings and inspections, and to define terms used throughout the chapter concerning the Fire Department Emergency Program. The new sections define the general administration of the Fire Department Emergency Program as it relates to committee members, meetings, and inspections. No comments were received regarding adoption of the new sections. The new sections are adopted under the Government Code, sec.sec.419.051- 419.064, which provides the Texas Commission on Fire Protection with the authority to establish rules for the administration of the Fire Department Emergency Program. 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 June 5, 1992. TRD-9207769 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: June 26, 1992 Proposal publication date: March 10, 1992 For further information, please call: (512) 873-1700 Chapter 463. Application Criteria 37 TAC sec.sec.463.1, 463.3, 463.5, 463.7, 463.9, 463.11, 463.13 The Texas Commission on Fire Protection adopts the repeal of sec.sec.463.1, 463.3, 463.5, 463.7, 463.9, 463.11, and 463.13, concerning the rules for the Fire Department Emergency Board, without changes as published in the March 10, 1992, issue of the Texas Register (17 TexReg 1810). The repealed sections consist of the rules of the Fire Department Emergency Board. Those sections are being revised and proposed as new sections by the Texas Commission on Fire Protection, pursuant to the transfer of the powers, duties, rights, and obligations of the Fire Department Emergency Board to the Texas Commission on Fire Protection by Senate Bill 383, the Government Code, sec.419. The repeal of the sections will provide for the incorporation of new agency rules and the reorganization and revision of those repealed. No comments were received regarding adoption of the repeals. The repeals are adopted under the Government Code, sec. sec.419.051-419.064, which provides the Texas Commission on Fire Protection with the authority to establish rules for the administration of the Fire Department Emergency Program. 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 June 5, 1992. TRD-9207768 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: June 26, 1992 Proposal publication date: March 10, 1992 For further information, please call: (512) 873-1700 37 TAC sec.sec.463.1-463.6 The Texas Commission on Fire Protection adopts new sec. sec.463.1-463.6, concerning the application process; limitation on loans, scholarships, and grants; application form; competitive needs criteria; criteria for eligibility for loans; contract information, without changes as published in the March 10, 1992, issue of the Texas Register (17 TexReg 1810). The new sections adopted are necessary to establish procedures for processing loan, grant, and scholarship applications and define the limitations on loans, grants, and scholarships under the Fire Department Emergency Program. The new sections will define the prerequisites and provide applicants with procedures for applying for loans, scholarships, and grants under the Fire Department Emergency Program. No comments were received regarding adoption of the new sections. The new sections are adopted under the Government Code, sec.sec.419.051- 419.064, which provides the Texas Commission on Fire Protection with the authority to establish rules for the administration of the Fire Department Emergency Program. 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 June 5, 1992. TRD-9207775 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: June 26, 1992 Proposal publication date: March 10, 1992 For further information, please call: (512) 873-1700 Chapter 465. Equipment, Facilities, and Training Standards 37 TAC sec.sec.465.1-465.3 The Texas Commission on Fire Protection adopts new sec. sec.465.1-465.3, concerning equipment, facilities, and training standards, without changes to the proposed text as published in the March 10, 1992, issue of the Texas Register (17 TexReg 1813). The new sections adopted are necessary to define standards for the purchase or funding of equipment, facilities, and education and training programs under the Fire Department Emergency Program. The new sections will provide recipients of funds under the Fire Department Emergency Program with guidelines for approved purchases or funding of equipment, facilities, and education and training programs. No comments were received regarding adoption of the new sections. The new sections are adopted under the Government Code, sec.sec.419.051- 419.064, which provides the Texas Commission on Fire Protection with the authority to establish rules for the administration of the Fire Department Emergency Program. 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 June 5, 1992. TRD-9207776 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: June 26, 1992 Proposal publication date: March 10, 1992 For further information, please call: (512) 873-1700 Chapter 501. Flammable Liquids 37 TAC sec.sec.501.1-501.5, 501.7 The Texas Commission on Fire Protection adopts amendments to sec.sec.501. 1- 501.5, and 501.7, concerning flammable liquids, without changes to the proposed text as published in the March 10, 1992, issue of the Texas Register (17 TexReg 1813). The amendments adopted are necessary to define standards for the safe storage, handling, and use of flammable liquids at retail service stations and to implement the transfer of the administration and regulation of flammable liquids from the State Board of Insurance to the Texas Commission on Fire Protection through the state fire marshal, pursuant to the Health and Safety Code, Chapter 753. The amendments will provide guidelines for individuals in the business of storage, handling, dispensing, and use of flammable liquids at retail service stations. No comments were received regarding adoption of the new sections. The amendments are adopted under the Health and Safety Code, Chapter 753, sec.753.003, which provides the Texas Commission on Fire Protection with the authority to adopt rules for the safe storage, handling, and use of flammable liquids at retail service stations. 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 June 5, 1992. TRD-9207774 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: June 26, 1992 Proposal publication date: March 10, 1992 For further information, please call: (512) 873-1700 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 of the Texas Department of Insurance, at a board meeting on May 6, 1992, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, considered a proposal filed by the staff of the Workers' Compensation Division of the Texas Department of Insurance. The staff proposed an amendment to the Texas Basic Manual of Rules, Classifications and Rates for Workers' Compensation and Employers' Liability Insurance pertaining to a new workers' compensation classification for retail drug stores and pharmacies. The amendment was proposed in a petition (Reference Number W-0392-15-I), filed by the staff on March 25, 1992. On May 6, 1992, the State Board of Insurance adopted the amendment with changes to the proposed published text. The new workers' compensation classification for retail drug stores and pharmacies is available to retail drug stores and pharmacies in which the sale of prescription medicine develops over 50% of the total sales of the store. In addition, the new classification includes the drivers that may also be employees of the drug store or pharmacy. 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 June 5, 1992. TRD-9207749 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: June 27, 1992 For further information, please call: (512) 463-6327 The State Board of Insurance of the Texas Department of Insurance, at a Board meeting on May 6, 1992, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, considered a proposal filed by the staff of the Workers' Compensation Division of the Texas Department of Insurance. The staff proposed an amendment to the Texas Basic Manual of Rules, Classifications and Rates for Workers' Compensation and Employers' Liability Insurance pertaining to amending Code 8837-Charitable and Religious Organizations to an "a" rated classification. The amendment was proposed in petition (Reference Number W-0392-14-I), filed by the staff on March 25, 1992. On May 6, 1992, the State Board of Insurance adopted the amendment as proposed. This notification is made pursuant to the Texas 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 adoption has been reviewed by legal counsel and found to be within the agency's authority to adopt. 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 June 5, 1992. TRD-9207750 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: June 27, 1992 For further information, please call: (512) 463-6327