Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. Administration Part II. Texas Ethics Commission Chapter 20. Campaign Financing Subchapter C. Rules Concerning Reports 1 TAC sec.sec.20.111, 20.113, 20.115, 20.119, 20.121, 20.123, 20. 125, 20.127, 20.131, 20.133, 20.135, 20.137, 20.139, 20.151, 20.153, 20.155, 20.157, 20.159, 20.161 The Texas Ethics Commission proposes new sec.sec.20.111, 20.113, 20.115, 20. 119, 20.121, 20.123, 20.125, 20.127, 20.131, 20.133, 20.135, 20.137, 20.139, 20.151, 20.153, 20.155, 20.157, 20.159, and 20.161, concerning the procedure for the determination of late reports of contributions and expenditures required to be filed with the commission by the Texas Election Code, Title 15, and the method of assessing civil penalties for late filings, and the procedure for appealing of fines to the commission. Jim Mathieson, assistant general counsel, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Mathieson also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be to promote the on-time filing of reports with the commission giving the public more timely disclosure. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Jim Mathieson, 1101 Camino La Costa, Austin, Texas 78752, (Only written comments will be accepted). The new sections are proposed under Texas Civil Statutes, Article 6252-9d.1, which provides the Texas Ethics Commission with the authority to promulgate and adopt rules concerning the Texas Election Code, Title 15. sec.20.111. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Common or contract carrier-A business that is regularly engaged in the delivery of parcels for the general public, but does not include an employee of the filer. Executive director -The executive director of the Texas Ethics Commission. Filer-A person required to submit documents or information to the commission by the Texas Election Code, Title 15. Postmark-A postal cancellation by the United States Postal Service that contains the post office name, state, and zip code and the month, day, and year the canceling post office accepted custody of the material. Report-Any document or information required to be filed with the commission by a filer. sec.20.113. Change of Address. (a) A filer who is required to file a campaign treasurer appointment with the commission shall provide written notice to the commission of any change of mailing address for the filer no later than the 10th-day after the effective date of the change. (b) Mail from the commission to a member of the Texas Legislature shall be sent by state inter-agency mail to the House of Representatives post office or the Senate mail room unless the legislator provides written notice to the commission of an alternative mailing address. sec.20.115. One-Time Notice of Filing Obligations. (a) The commission shall provide to each filer who has a campaign treasurer appointment on file with the commission: (1) a schedule of the appropriate filing deadlines for the following year; and (2) one copy of the appropriate forms for future use by the filer. (b) Failure to receive the reporting forms is not a defense for failure to file a report or for failure to pay a fine. sec.20.119. Late Report. (a) A report is filed on: (1) the date it is received at the commission's office; (2) if the report is mailed, the date the report is deposited in an official repository of the United States Postal Service, if the report is properly addressed with all postage or handling charges prepaid; or (3) if the report is delivered by common or contract carrier, the date the report is delivered to the common or contract carrier, if the report is properly addressed with all handling charges prepaid. (b) A report is late if: (1) it is not filed by the deadline established by the applicable statute; or (2) even if it is filed by the deadline, the report does not include all information that must be included in the report and all required signatures, oaths, and affirmations. (c) Each day that a report is late shall constitute a separate violation. sec.20.121. Preliminary Notice that Report is Late. (a) The commission staff shall notify each filer whose report appears to be late of the reason the report appears to be late. (b) If the report has not been received by the commission when the notice required by subsection (a) of this section, is sent, the notice shall state that the report will be determined to be late and a civil penalty will be assessed unless the filer provides to commission staff the following response: (1) a copy of the report that was filed; and (2) an affidavit that states the report was filed by the deadline. The affidavit under this paragraph shall comply with sec.20.127 of this title (relating to Affidavit of Timely Report). (c) If a complete report appears to be late because the date of the postmark or receipt mark of a common or contract carrier is after the deadline or is illegible, the notice shall state that the report will be determined to be late and a fine will be assessed unless the filer provides a completed affidavit that complies with sec.20.127 of this title. (d) If the report is filed and the filer provides an affidavit that complies with sec.20. 127 of this title, the report will be deemed to have been timely filed. (e) If a report appears to be late because of a de minimus
    error in reporting required information, the notice shall state that the report will be determined to be late and a fine will be assessed unless the filer provides an amended report within 10 business days of the filer's receipt of the notice. sec.20.123. Determination that Report is Late. (a) A report is determined to be late when: (1) the filer's response to the preliminary notice under sec.20.121 of this title (relating to Preliminary Notice that Report is Late) does not establish that the report was filed by the deadline, or does not include a copy of the report if a copy of the report is necessary; or (2) a report that is filed is found by commission staff to be incomplete. (b) A rebuttable presumption of lateness is raised when the filer's response to the preliminary notice under sec.20.121 of this title is not actually received by commission staff by the 10th business day after the preliminary notice was mailed to the filer. The presumption may be rebutted by submitting to the executive director an affidavit under sec.20. 127 of this title (relating to Affidavit of Timely Report), and if necessary, a copy of the report. (c) The commission staff shall mail a determination of lateness to each filer whose report is determined to be late. The determination of lateness shall state the reason the report has been determined to be late, that a fine has been assessed in the amount established by sec.20.131 of this title (relating to Calculation and Imposition of Fine), order the filer to file immediately all required information, and demand remittance of all fines owed by the filer. sec.20.125. Report More than 30 Days Late. If a report is more than 30 days late, the commission staff shall send by registered mail, or by certified mail, return receipt requested, a demand for the report and a warning of liability. The warning shall advise the filer that if the report is not actually received by the commission staff before the 10th day after the day on which the warning was received, the commission may impose the additional fine authorized by sec.20.131(c) of this title (relating to Calculation and Imposition of Fine). The warning shall also advise the filer that the commission may refer the matter to the appropriate prosecutor for criminal prosecution. The determination of lateness required by sec.20.123 of this title (relating to Determination that Report is Late) may be included in the demand and warning required by this section. sec.20.127. Affidavit of Timely Report. (a) An affidavit of a filer swearing that a report is timely must be sworn under penalty of perjury before an officer qualified to administer an oath, and must make the following statement, or a substantially similar statement: [graphic] (b) Commission staff shall prepare and make available a form containing the affidavit prescribed in subsection (a) of this section. The form shall be included in all notices to which the affidavit is part of an appropriate response. (c) Commission staff shall have discretion to accept an affidavit that substantially conforms to the affidavit prescribed in subsection (a) of this section. (d) Commission staff may not accept any affidavit if the oath is in any way qualified. sec.20.131. Calculation and Imposition of Fine. (a) Except as provided by subsections (b), (c) and (d) of this section, the fine for a late report shall be $25 for each day the report is late. (b) The fine for a late report that is required to be filed eight days before any election shall be $100 for each day the report is late. (c) Unless the commission receives payment of a fine calculated under subsections (a) or (b) of this section, then beginning on the 10th day after the filer's receipt of a demand and warning sent under sec.20.125 of this title (relating to Report More than 30 Days Late), and in addition to the fines authorized by subsections (a) or (b), the commission may impose a fine of $1, 000 for each 30 day period that the report is late, including the first 30 day period. The commission may also refer the matter to the appropriate prosecutor for criminal prosecution. (d) The fine for a late report that has been successfully defended under sec.20.135 of this title (relating to Defenses to Late Filing) shall be a single fine of $100. (e) The number of days a report is late shall be computed by adding the days beginning on the day after the due date for the report and ending on the date a complete report is filed. (f) Commission staff shall assess and collect the fine authorized by this section. (g) The total aggregate fine for a single late report shall not exceed $10,000. sec.20.133. Appeal of Fine to Commission. (a) A filer may appeal to the commission a fine imposed under this subchapter. (b) An appeal under this section will be heard according to the Administrative Procedure and Texas Register Act. (c) An appeal must be based on the following: (1) a reasonably unforeseeable and extraordinary circumstance which reasonably caused the filer to miss a deadline for filing a report; or (2) a denial of a defense asserted under sec.20.135 of this title (relating to Defenses to Late Filing). (d) To file an appeal, the filer must have a complete report on file with the commission. The filer must submit a signed, written statement, sworn to under penalty of perjury before an officer qualified to administer an oath, to the executive director expressly requesting that an appeal be heard by the commission and clearly describing the circumstance upon which the appeal is based. (e) After the appeal is filed, commission staff shall not collect the fine until the appeal is decided by the commission. (f) The commission shall decide the appeal no earlier than its first meeting more than 30 days after the date the appeal is filed. (g) Commission staff shall notify the filer requesting an appeal of the date and time of the hearing by registered mail postmarked not later than the date that the notice of the meeting is posted in accordance with the Open Meetings Act, Article 6252-17. The filer may waive this notice. (h) The commission shall consider the following factors in an appeal: (1) the seriousness of the violation which brought the fine, including the nature, circumstances, consequences, extent, and gravity of the violation, and the amount of the fine; (2) any history of the filer's previous violations; (3) any demonstrated good faith of the violator, including actions taken to rectify the consequences of the violation; (4) the penalty necessary to deter future violations; and (5) any other matter that justice may require. (i) After hearing the appeal, the commission may affirm, reduce, or dismiss the fine. sec.20.135. Defenses to Late Filing. (a) The following are defenses to a fine assessed under this subchapter: (1) good faith error by the filer to include required information in a report if the filer did not know, or reasonably should not have known, of the information before the reporting deadline; (2) a medical emergency that is the primary reason a report is late and that involves the filer, a member of the filer's household, or a person related to the filer within the third degree of affinity or consanguinity; (3) reasonable reliance on incorrect information given to the filer by commission staff which caused the filer to miss a deadline for filing a report; or (4) administrative error by commission staff. (b) These defenses may be asserted at any time after a fine is assessed, and must be asserted by submitting an affidavit to the executive director stating the relevant facts. The affidavit must be sworn under penalty of perjury before an officer qualified to administer an oath, and must state the circumstance which caused the late filing, provided that the medical condition of a person need not be stated in a defense asserted under subsection (a)(l) of this section. (c) If a defense under this section is asserted, commission staff shall not impose or collect any fines for the alleged violation which resulted in the imposition of the fine to which the defense is asserted until the matter has been considered by the executive director. A defense asserted under this section does not remove the obligation to file immediately all required reports. (d) The executive director shall promptly consider properly executed affidavits submitted under this section. The executive director shall dismiss a fine if a properly executed affidavit establishes the defense. If the executive director finds the affidavit insufficient, the affidavit submitted by the filer shall be automatically treated as an appeal of the fine filed under sec.20.133 of this title (relating to Appeal of Fine to Commission). sec.20.137. Report Must be Filed. The satisfaction of civil and criminal penalties does not remove the obligation to file all required reports. An appeal of a fine or an assertion of a defense to late-filing does not remove the obligation to file all required reports. Penalties for failure to report any required information shall accrue until all such information is reported. sec.20.139. Attorney's Fees.
      The attorney general's office may retain attorneys fees from any fine imposed by the commission which the attorney general's office collects. sec.20.151. Direct Campaign Expenditure Exceeding $100. An individual, corporation, or labor organization that makes a direct campaign expenditure that exceeds $100 must file the report required by the Texas Election Code, Chapter 254, for each reporting period during the election in which a political expenditure of any amount was made. sec.20.153. Amended Report. (a) An amended report shall include the first page of the appropriate form, each page of the form that is amended, and the affidavit page. (b) Information on an amended report that is changed from the report it amends should be clearly marked on each amended page. (c) Except as provided for in sec.20.121(e) and s20. 135(a)(1), an amendment to a report that is filed after the deadline established by statute for the report to be filed is a late report if the amendment adds any information that was required to have been included on the report when it was filed by the deadline. sec.20.155. Special Session Report. (a) Contributions reported in a special session report under the Texas Election Code, sec.254. 0391, need not be reported again. (b) An expenditure made during the reporting period of a special session are not reported in the special session report. Such expenditures are reported in the next applicable sworn report of contributions and expenditures. sec.20.157. 48 Hour Reports. Contributions and expenditures reported under the Texas Election Code, sec.254.038 and sec.254.039, must be reported again in the next applicable sworn report of contributions and expenditures. sec.20.159. Political Advertising Disclosure. The information required for a political advertising disclosure under the Texas Election Code, sec.255.001, must be stated in a phrase which appears on the face of the political advertising. sec.20.161. Retention of Records and Reports. Each filer shall maintain a copy of each report filed with the commission and the records supporting that report for a period of two years from the date the report was filed with the commission. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 3, 1992. TRD-9210569 Jim Mathieson Assistant General Counsel Texas Ethics Commission Proposed date of adoption: September 15, 1992 For further information, please call: (512) 463-5800 Part VII. State Office of Administrative Hearings Chapter 155. Rules of Procedures 1 TAC sec.sec.155.22, 155.23, 155.25, 155.33, 155.37 The State Office of Administrative Hearings proposes new ssec.155.2, 155. 23, 155.25, 155.33, and 155.37, concerning establishing rules of practice and procedure for contested cases conducted by the State Office of Administrative Hearings. Steven L. Martin, chief administrative law judge, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections. Mr. Martin also has determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will include uniformity of practice and a clearer understanding on the part of the public of the procedural requirement, in the conduct of contested cases by the State Office of Administrative Hearings. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Steven L. Martin, Chief Administrative Law Judge, State Office of Administrative Hearings, William P. Clements Building, 300 West 15th, Suite 408, Austin, Texas 78701-1649; or by mail to: P.O. Box 13025, Austin, Texas 78711-3025. The new sections are proposed under Texas Civil Statutes, Article 6252-13f, which authorize the State Office of Administrative Hearings to conduct contested cases for all agencies which do not have a person whose only duty is to preside as a hearings officer over matters related to contested cases before the agency and Texas Civil Statutes, Article 6252-13, sec.4(a), which require agencies to adopt rules of practice setting forth the nature and requirements of formal and informal procedures. sec.155.22. Filings. (a) All notices, pleadings, motions, answers, affidavits and all other filings in a contested case, made in accordance with the Administrative Procedure and Texas Register Act (APTRA), the Texas Rules of Civil Evidence, or other applicable law, shall be filed with the State Office of Administrative Hearings (Office) at the time the Office acquires jurisdiction under sec.155.7(b) of this title (relating to Jurisdiction) or at the time the instrument is issued and delivered if that time is later than the time the Office acquires jurisdiction. (b) Pursuant to sec.155.21(d) of this title (relating to Appearance of Parties at Hearings; Representation), a copy of all filings shall be sent by mail or otherwise delivered to all parties. A certificate of service, signed by the person making the filing, showing the manner of service, stating that the filing has been served on all other parties and identifying those parties shall be contained in or attached to all filings. The certificate is prima facie evidence of service. If a filing does not contain a required certificate of service, or otherwise show service on all other parties: (1) the Office may return the filing to the filing party or; (2) the Office may send a notice to all parties stating that the filing does not show service on all parties and will not be considered unless and until the Office is notified that all parties have been served with the filing or; (3) the Office may, in the interest of economy of effort, send a copy of the filing to all parties. (c) This section applies regardless of any conflicting rules of an agency for which a hearing is being conducted. sec.155.23. Discovery. (a) Parties to an administrative hearing before the State Office of Administrative Hearings (office) shall have the discovery rights provided in Administrative Procedure and Texas Register Act (APTRA) and the agency's statute and rules. (b) Requests for issuances of subpoenas or commissions should be directed to the agency for which the hearing is being conducted by the Office. (c) All discovery requests should be initially directed to the party from which discovery is being sought. (d) All disputes with respect to any discovery matter shall be filed with and resolved by the Office. (e) All parties will be afforded a reasonable opportunity to file objections or move for a protective order with respect to the issuance of a subpoena or commission. (f) Copies of discovery requests and documents filed in response thereto shall be filed with all parties, but should not be filed with the Office unless directed by the Judge or when in support of a motion to compel, motion for protective order, or motion to quash. sec.155.25. Prehearing Conferences. (a) When appropriate, the judge may hold a prehearing conference to resolve matters preliminary to the hearing. (b) A prehearing conference may be convened to address the following matters: (1) issuance of subpoenas; (2) factual and legal issues; (3) stipulations; (4) requests for official notice; (5) identification and exchange of documentary evidence; (6) admissibility of evidence; (7) identification and qualification of witnesses; (8) motions; (9) discovery disputes; (10) order of presentation; (11) scheduling; (12) settlement conferences; and (13) such other matters as will promote the orderly and prompt conduct of the hearing. (c) Among other matters, as stated in subsection (b) of this section, an administrative law judge may order (1) that the parties discuss the prospects of settlement or stipulations and be prepared to report thereon at the prehearing conference (see sec.155.39 of this title (relating to Telephone Hearings)); (2) that the parties file and be prepared to argue preliminary motions at the prehearing conference; (3) that the parties be prepared to specify the controlling factual and legal issues in the case at the prehearing conference; and (4) that the parties make a plain and concise statement of undisputed facts and issues at the prehearing conference. (d) At the discretion of the judge, all or part of the prehearing conference may be recorded or transcribed. (e) The administrative law judge may, after the Office acquires jurisdiction, issue an order requiring a prehearing statement of the case. Parties shall supplement this statement on a timely basis. The parties shall, within 14 days of service, file a statement specifying the parties present position on any or all of the following as required by the administrative law judge: (1) the disputed issues or matters to be resolved; (2) a brief statement of the facts or arguments supporting the party's position in each disputed issue or matter; (3) a list of facts or exhibits to which a party will stipulate; and (4) a description of the discovery, if any, the party intends to engage in and an estimate of the time needed to complete discovery. sec.155.33. Motions. (a) Unless otherwise provided by these rules: (1) a party may move for appropriate relief before or during a hearing; (2) a party shall submit all motions in writing or orally at a hearing; (3) written motions shall: (A) be filed no later than 15 days before the date of the hearing, provided, for good cause stated in the motion the judge may permit a written motion subsequent to that time; (B) state concisely the question to be determined; (C) be accompanied by any necessary supporting documentation; and (D) be served on each party. (4) an answer to a written motion shall be filed on the earlier of: (A) Seven days after receipt of the motion; or (B) on the date of the hearing. (5) on written notice to all parties or with telephone consent of all parties, the judge may schedule a conference to consider a written motion; (6) the judge may reserve ruling on a motion until after the hearing; (7) the judge may issue a written decision or state the decision on the record; (8) if a ruling on a motion is reserved, the ruling shall be in writing and may be included in the judge's proposed decision; and (9) the filing or pendency of a motion does not alter or extend any time limit otherwise established by these rules. (b) Continuances may be granted by the Office in accordance with Administrative Procedure and Texas Register Act (APTRA), the agency's statute and rules, and applicable case law. Motions for continuance shall be in writing or stated in record, and shall set forth the specific grounds upon when the party seeks the continuance. (c) Unless made during a prehearing or hearing, for all motions for continuance, cancellation of a scheduled proceeding or extension of an established deadline filed fewer than 10 days before the date or deadline in question, the movant must contact the other party(ies) and must indicate in the motion whether it is opposed by any party(ies). Further, if a continuance to a date certain is sought, the motion must include a proposed date or dates (preferably a range of dates) and must indicate whether the party(ies) contacted agree on the proposed new date(s). sec.155.37. Conduct of Hearings. (a) On a genuine issue in a contested case, each party is entitled to: (1) call witnesses; (2) offer evidence; (3) cross-examine any witness called by a party; and (4) make opening and closing statements. (b) Once the hearing is begun the parties may be off the record only when the judge permits. If the discussion off the record is pertinent, then the judge will summarize the discussion for the record. (c) Objections shall be timely noted in the record. See Rule 103, Texas Rules of Civil Evidence. (d) The judge may continue a hearing from time to time and from place to place. If the time and place for the proceeding to reconvene are not announced at the hearing, a notice shall be mailed stating the time and place of hearing. (e) The judge may question witnesses and/or direct the submission of supplemental data. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 5, 1992. TRD-9210664 Steven L. Martin Chief Administrative Law Judge State Office of Administrative Hearings Earliest possible date of adoption: September 11, 1992 For further information, please call: (512) 475-4993 Part XII. Advisory Commission on State Emergency Communications Chapter 251. Regional Plans 1 TAC sec.251.3 The Advisory Commission on State Emergency Communications proposes new sec.251.3, concerning guidelines for addressing funds. The policy and guidelines are for use in emergency communications regional planning and funding for statewide addresssing projects. The section specifies the types of funds available for distribution, parties eligible for such funds, procedural requirements, and the approval process associated with requests for funds. Mary A. Boyd, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Ms. Boyd also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be improved effectiveness of 9-1-1 call delivery by more easily locating 9-1-1 callers, in counties who utilize funds toward completion of rural address assignment. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Mary Boyd, Executive Director, Advisory Commission on State Emergency Communications, 1101 Capital of Texas Highway, South; Suite B-100, Austin, Texas 78746, (512) 327-1911. The new section is proposed under the Health and Safety Code, Chapter 771, sec.771.051, 771.056, and 771.057, which provides the Advisory Commission on State Emergency Communications with the authority to develop and amend a regional plan for the establishment and operation of 9-1-1 service throughout a 9-1-1 region that meets the standards established by the commission according to the procedures determined by the commission. sec.251.3. Guidelines for Addressing Funds. (a) Policy. The Advisory Commission on State Emergency Communications adopted a policy on March 11, 1992, regarding rural addressing and the use of state addressing funds. This information provides a guide whereby state addressing funds are distributed to local governments for the purpose of establishing addresses. Street addresses are essential to E9-1-1 systems utilizing the Automatic Location Identifier feature which displays locations of 9-1-1 callers. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Addressing activities-Work associated with the initial inventory of a county for the purposes of rural addressing, conversion of box and route numbers to street addresses, correction of existing address errors, notification to residents of new addresses, resolution of address assignment problems, and installation of new street signs. (2) Addressing pool funds-Funds directed to statewide addressing use including but not limited to federal or state grants, contributions, donations, and telephone rate case distributions but excluding Service Fee, either restricted or unrestricted in use. (3) Cost-estimate worksheet-A form which is used to list and calculate the costs and funds needed for addressing activities in a county. (4) Emergency communications district- (A) a public agency or group of public agencies acting jointly that provided 9-1-1 service before September 1, 1987, or that had voted or contracted before that date to provide that service; or (B) a district created under Subchapter B, C, or D, Chapter 772. (5) Local funds-Funds provided by local government from general revenue, in- kind services, and other local sources for addressing. (6) Regional plan-Each regional planning commission shall develop a plan for the establishment and operation of 9-1-1 service throughout the region that the regional planning commission serves. The service must meet the standards established by the advisory commission. (7) Regional Planning Commission-Regional Planning Commission means a commission established under Chapter 391, Local Government Code, also referred to as a regional council of governments (COG). (8) Restricted funds-Addressing Pool Funds for which the contributing agency has required certain conditions to be met in distributing funds for addressing. (9) Road mile count-County road miles based upon most current data from the Texas Department of Transportation. (10) Service fee-Except as otherwise provided by Subchapter D, Health and Safety Code 771, the advisory commission may impose a 9-1-1 emergency service fee on each local exchange access line or equivalent local exchange access line, including lines of customers in an area served by an emergency communication district participating in the applicable regional plan. (11) Unaddressed county-A county in Texas which has not completely notified residents of new addresses under a county addressing process. (12) Unaddressed housing count-The calculated number of housing units in a county based upon rural population data from the most recent United States Census reports. (13) Unaddressed land parcel count-The estimated number of county land parcels which have no address as calculated by counties to be addressed. (14) Unrestricted funds-Addressing Pool Funds for which the contributing agency does not require conditions to be met in distributing funds for addressing. (c) Policy and procedures. The commission authorizes and allocates addressing funds to include addressing pool funds and Service Fees. Addressing pool funds may include funds not actually provided ACSEC, but placed under its control by a third party specifically for the purposes of this program. (1) Any unaddressed county implementing or operating 9-1-1 service, or a COG or emergency communication district applying on behalf of such a county are considered eligible for funds. (2) Unrestricted addressing pool funds will be allocated by adding all counties' numbers of road mileage, unaddressed housing units, and unaddressed land parcels. The total of those numbers will be compared against each county's individual total and a proportionate share of funds will be allocated to each county. The commission may establish a minimum amount of Addressing Pool Funds to be allocated to each eligible county in order to ensure adequate minimum funding to support addressing activities. (3) Restricted addressing pool funds will be allocated in accordance with those restrictions placed upon their distribution by the contributing agency. (4) As available, restricted addressing pool funds will be allocated first to eligible applicants, followed by unrestricted addressing pool funds. (5) Service fees may be allocated to counties after taking into account those costs associated with 9-1-1 monthly recurring expenses, ALI upgrade, and ancillary equipment requirements. (6) The addressing pool funds and Service Fees may be used only for costs associated with addressing activities. (7) A county must provide one dollar of local funds for every three dollars (25% match) allocated or authorized under this fund. (8) Under no circumstances will funds be allocated or approved under this program that exceed total net funds needed as calculated by the cost-estimate worksheet. (9) In accordance with this policy, counties, or emergency communications districts which have already started addressing activities and incurred costs may request reimbursement of those documented addressing expenditures, if costs were incurred since January 1, 1991. The commission may consider reimbursement of eligible expenses prior to that date on a case by case basis. (10) Funds under this program must be requested by a deadline to be established by the commission. Funds may be awarded by the commission following this established date on a case by case basis. (d) Requesting addressing pool funds and service fees. A regional plan amendment from a COG or a request from an emergency communications district is required as a means of requesting funds under this program, as described below. (1) A regional plan amendment or request for funds must contain the following: (A) An addressing project narrative; (B) A completed cost-estimate worksheet including identification of the required local match; (C) An approved projected COG financial cashflow if Service Fees are requested; (D) If necessary, a request to amend the COG administrative budget for additional staff, whether through hiring or through personnel contract services. (2) Regional plan amendments and requests for funds under this program should be submitted by the COG or the emergency communications district to the commission five weeks prior to the scheduled commission meeting at which the amendment or request will be considered. (e) Reporting. A performance and financial report is to be submitted to the commission in accordance with established commission policy. Where a COG or an emergency communication district is the primary contractor but a county is providing services under this program, said reports shall be provided to the commission prior to COG or emergency communications district reimbursement of related county expenses. Monthly financial reports are to be provided utilizing Form 269a, under the contractual column. Counties, emergency communications districts, and COGs are required to follow local government statutes as they apply to competitive proposals for purchase of services and equipment. (f) Cost estimate worksheet. The Cost-Estimate Worksheet is adopted by reference, and can be obtained from the Advisory Commission on State Emergency Communications, 1101 Capital of Texas Highway, South, Suite B-100, Austin, Texas 78746 (512) 327-1911. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 4, 1992. TRD-9210623 Mary A. Boyd Executive Director Advisory Commission on State Emergency Communications Earliest possible date of adoption: September 11, 1992 For further information, please call: (512) 327-1911 TITLE 10. COMMUNITY DEVELOPMENT Part I. Texas Department of Housing and Community Affairs Chapter 1. Administration Subchapter A. General Policies and Procedures 10 TAC sec.1.2 The Texas Department of Housing and Community Affairs (TDHCA) proposes new sec.1.2, concerning the implementation of a formal system to investigate and resolve complaints that TDHCA has the authority to resolve. Complaints concerning the Texas Community Development Program and TDHCA's administration of the Community Services Block Grant and Low-Income Home Energy Assistance Program are governed by TDHCA's Block Grant Complaint system at sec.1.11 and sec.1.13. Hershal E. Blankenship, director of administration, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Blankenship also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be timely, professional, and fully coordinated responses to complaints about TDHCA operations. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Anne O. Paddock, Acting General Counsel, 811 Barton Springs, Suite 500, Austin, Texas 78704, within 30 days after the date of this publication. The new section is proposed under Texas Civil Statutes, Article 4413(501) sec.1.18, which provide TDHCA with the authority to develop procedures by which complaints are filed with the department. sec.1.2. Department Complaint System. (a) Purpose. The purpose of this section is to establish the procedures by which complaints that the department has the authority to resolve are answered. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Complaint-A written complaint that a person believes the department has the authority to resolve, other than a complaint about the quality of services funded by a block grant administered by the department. Block grant complaints are governed by sec.1.11 and sec.1.13 of this title (relating to General Provisions; Complaint System). (2) Department-The Texas Department of Housing and Community Affairs. (3) Person-Any individual, other than an employee of the department, partnership, corporation, association, governmental subdivision, or public or private organization of any character. (c) Procedures. A person who has a written complaint may submit such complaint to the department's internal auditor or to any employee of the department for submission to the internal auditor. (1) The internal auditor assigns a control number to the complaint, reviews the complaint, investigates, or causes an investigation to be completed, and submits the department's findings to the executive director of the department. (2) The executive director shall either notify the complainant of the resolution of the complaint within 15 business days after the date the internal auditor received the complaint, or notify the complainant, within such period, of the date the complaint can be resolved. (3) The executive director shall notify the complainant of the status of the complaint at least quarterly and until the final disposition of the complaint unless the notice would jeopardize an undercover investigation. (4) The internal auditor shall maintain an information file about each complaint. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 30, 1992. TRD-9210541 Susan J. Leigh Executive Director Texas Department of Housing and Community Affairs Earliest possible date of adoption: September 11, 1992 For further information, please call: (512) 475-3917 Subchapter B. Block Grants 10 TAC sec.1.13 The Texas Department of Housing and Community Affairs (TDHCA) proposes an amendment to sec.1.13, concerning the formal complaint system established to investigate complaints received about programs funded by federal block grants administered by TDHCA. The proposed amendment changes the person to whom complaints are submitted. Hershal E. Blankenship, director of administration, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Blankenship also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the more efficient disposition of complaints. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Anne O. Paddock, Acting General Counsel, P.O. Box 13941, Austin, Texas 78711, within 30 days of the date of this publication. The amendment is proposed under Texas Civil Statutes, Article 4413(501) sec.1.07, which provides TDHCA with the authority to adopt and enforce rules for the conduct of its affairs. sec.1.13. Complaint System. (a) A recipient who has a comment or complaint about the quality of services funded by a block grant administered by the department may submit such comment or complaint in writing to the internal auditor of
        [director of the division within] the department [which is responsible for administering the block grant]. (b) The internal auditor
          [director of the division to which the comment or complaint is submitted] shall transmit a copy of the comment or complaint to the entity which is the subject of the comment or complaint within two calendar days for comments or complaints arising under the Texas Community Development Program or within five calendar days for all other block grant programs after the date the comment or complaint was received by the internal auditor
            [division]. (c) The entity shall complete its investigation of the comment or complaint and submit its findings, in writing, to the internal auditor
              [appropriate division director] within seven business days for Texas Community Development Program comments or complaints or 20 calendar days for all other entities after the date the entity received the comment or complaint or notify the internal auditor
                [division director,] within such period, of the date the investigation can be completed. (d) The executive director of the department
                  [appropriate division director] shall notify the complainant of the department's
                    [division's] and the entity's findings before the 15th business day for the Texas Community Development Program comments or complaints or the 31st calendar day for all other comments or complaints after the date the comment or complaint was received by the internal auditor
                      [division] or the executive director
                        [division] shall notify the complainant, within such period, of the date the investigation can be completed. (e) The executive director of the department shall notify the complainant of the status of the complaint at least quarterly and until the final disposition of the complaint unless the notice would jeopardize an undercover investigation. (f)
                          [(e)] The department shall consider the history of complaints regarding an entity in determining whether to renew a contract for the use of block grants funds by the entity. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on July 31, 1992. TRD-9210540 Susan J. Leigh Executive Director Texas Department of Housing and Community Affairs Earliest possible date of adoption: September 11, 1992 For further information, please call: (512) 475-3917 Chapter 49. Low-Income Rental Housing Tax Credit 10 TAC sec.sec.49.1-49.13 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Housing and Community Affairs or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Department of Housing and Community Affairs proposes the repeal of sec.sec.49.1-49.13, concerning low-income rental housing tax credit rules. The sections are repealed in order to enact new sections conforming to the requirements of new regulations enacted under the Internal Revenue Code of 1986, as amended, which provides for credits against federal income taxes for owners of qualified low-income rental housing projects. Ginger Brown, deputy for housing finance and development, has determined that for the first five-year period the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Ms. Brown, also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be permitting the adoption of new rules for the allocation of low-income housing tax credit authority within the State of Texas, thereby enhancing the state's ability to provide safe and sanitary housing for Texans through the Tax Credit Program administered by the department. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to Virginia Brown, P.O. Box 13941, Austin, Texas 78711-3941. The repeals are proposed under Texas Civil Statutes, Article 4413 (501), which provide the Texas Department of Housing and Community Affairs with the authority to adopt rules governing the administration of the department and its programs and Executive Order AWR-91-4 (June 17, 1992), which provides this department with the authority to make housing credit allocations in the State of Texas. sec.49.1. Scope. sec.49.2. Definitions. sec.49.3. State Housing Credit Ceiling. sec.49.4. Applications; Market Study; Reservations; Notifications; Commitments; Extensions; Carryover Allocation; Agreements and Elections; Extended Commitments. sec.49.5. Set-asides, Reservations, and Preference. sec.49.6. Threshold Criteria; Evaluation Factors; Selection Criteria; Bonus Points; Final Ranking; Credit Amount; Tax Exempt Bond Financed Projects. sec.49.7. Housing Credit Allocations. sec.49.8. Agency Records; Certain Required Filings. sec.49.9. Agency Responsibilities. sec.49.10. Application, Reservation, and Extension Fees. sec.49.11. Manner and Place of Filing Applications. sec.49.12. Withdrawals, Amendments, Cancellations. sec.49.13. Waiver and Amendment of Rules. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 4, 1992. TRD-9210686 Susan J. Leigh Executive Director Texas Department of Housing and Community Affairs Earliest possible date of adoption: September 11, 1992 For further information, please call: (512) 475-3917 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter K. Safety Requirements 16 TAC sec.5.173 The Railroad Commission of Texas proposes an amendment to sec.5.173, concerning the requirement of motor carriers to maintain drivers' daily logs. The amendment is proposed as a result of a petition for rulemaking filed by Brink's, Incorporated. The amendment exempts armored contract carriers operating pursuant to armored contract carrier permits issued by the commission from the requirements of maintaining drivers' daily logs. Jackye Greenlee, assistant director-central operations, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government. Barbara H. Owens, hearings examiner, has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of administering the section will be the elimination of record keeping already required of armored contract carriers by sec.5.101. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments may be submitted within 30 days to Barbara H. Owens, Hearings Examiner, Legal Division, Railroad Commission of Texas, P.O. Drawer 12967, Austin, Texas 78711-2967. The amendment is proposed under Texas Civil Statutes, Article 911b, sec.4(a), which vest the commission with power and authority to prescribe all rules and regulations necessary for the government of motor carriers and for the safety of operations of motor carriers. sec.5.173. Driver's Daily Log. (a) Except as provided in subsections (c),
                            [and] (e), and (f)
                              of this section, every motor carrier and every motor bus company shall require that a driver's daily log shall be made by each of its drivers, and every driver who operates a motor vehicle subject to the jurisdiction of the Railroad Commission of Texas shall make a daily log. Drivers' logs shall be made on and in accordance with the instructions of BMC-59, driver's daily log, as revised from time to time, as prescribed by the department of transportation, and they shall reflect the true facts as to the activities of each driver for the full 24 hours of each day. (b)-(e) (No change.) (f) Armored contract carriers providing service under armored contract carrier permits issued by the Railroad Commission of Texas, in lieu of complying with the provisions of subsection (a) of this section, shall maintain drivers' daily logs by the proper completion of daily armored car route manifests as provided in sec.5.101 of this title (relating to Motor Carriers Providing Service in Armored Cars and Trucks). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 3, 1992. TRD-9210661 Nolan Ward Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Earliest possible date of adoption: September 11, 1992 For further information, please call: (512) 463-7095 TITLE 22. Examining Boards Part XXVI. Texas Board of Licensure for Professional Medical Physicists Chapter 601. Medical Physicists 22 TACsec.sec.601.1-601.18 (Editor's Note: The Texas Board of Licensure for Professional Medical Physicists proposes for permanent adoption the new sections it adopts on an emergency basis in this issue. The text of the new sections is in the Emergency Rules section of this issue.) The Texas Board of Licensure for Professional Medical Physicists (board), with the approval of the Texas Department of Health (department), proposes new sec.sec.601.1-601.18, concerning the licensure and regulation of medical physicists. The sections cover purpose and scope; definitions; the board's operation; fees; exemptions; application procedures; licensure without examination; licensure by examination; temporary licensure; license issuance and license holder requirements; license renewal; application and renewal processing times; petitioning the board for adoption of a rule; code of ethics; licensing persons with criminal backgrounds; violations, complaints, and subsequent actions; surrender of license; and formal hearing procedures. Donna Hardin, program administrator, has determined that for the first five- year period the sections will be in effect there will be fiscal implications as a result of enforcing or administering the sections as proposed. The effect on state government will be an estimated cost of $21,000 per year for fiscal years 1993 -1997; however there will be an estimated increase in revenue of $31,250 for fiscal year 1993 and $18,750 per year for fiscal years 1994-1997. There is no anticipated effect on local government. Ms. Hardin also has determined that for each year of the first five years the sections as proposed are in effect, the public benefit anticipated as a result of enforcing the sections will be to ensure the protection of the health, safety, and welfare of the citizens of Texas from the harmful effects of excessive radiation and from the public threat if medical physics is practiced by incompetent persons. The anticipated cost of compliance for small businesses will be the cost of employing a licensed medical physicist to perform radiation beam calibration and characterization, quality assurance, instrument specification, acceptance testing, shielding design, protection analysis on radiation emitting equipment and radiopharmaceuticals and consultations with physicians to assure radiation dosage to specific patients. The cost of compliance for all businesses will be directly related to the number and complexity of radiation-emitting machines and the amount of radiopharmaceuticals used for medical purposes. The possible economic cost to persons who are required to comply with the sections as proposed will be the fees set out in sec.601.4 of these new rules. Comments on the proposal may be submitted to Gerald Guthrie, Director, Professional Licensing and Certification Division, 1100 West 49th Street, Austin, Texas 78756-3183, (512) 834-6628. Public comments will be accepted for 30 days after publication of the sections in the Texas Register. In addition, a public hearing will be held at 10 a.m., Wednesday, September 9, 1992, in the Texas Department of Health Annex, 8407 Wall Street, Room S400, Austin. The new sections are proposed under the Medical Physics Practice Act, Texas Civil Statutes, Article 4512n, sec.11, which provides the Texas Board of Licensure for Professional Medical Physicists with the authority to adopt rules, with the approval of the Texas Department of Health, that are reasonably necessary for the proper performance of its duties under the Act. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 3, 1992. TRD-9210561 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: October 24, 1992 For further information, please call: (512) 834-6628 TITLE 25. Health Services Part I. Texas Department of Health Chapter 145. Long Term Care Subchapter G. Standards for Nursing Homes That Cover Licensure and Medicaid Certification. 25 TAC sec.145.111 The Texas Department of Health (department) proposes an amendment to sec.145.111, concerning standards for nursing homes jointly developed by the department and the Texas Department of Human Services (TDHS) that apply to licensure and medicaid certification (standards). The standards are in TDHS rules in 40 TAC sec. s19.1-19.2216, which the department adopts by reference in sec.145.111. Accordingly, the department's amendment to sec.145.111 will incorporate the repeal of existing 40 TAC sec.19.2012 and new 40 TAC sec.sec.19.2201-19.2209, and sec.sec.19.2211-19.2216, concerning nursing facility remedies for contract violations being proposed by TDHS in the August 4, 1992, issue of the Texas Register. This amendment is being reproposed because of comments and recommendations by the joint TDHS and department committee. By proposing to adopt the reproposed TDHS amendments by reference the department will utilize TDHS rules in sec.sec.19.2201-19.2209 and sec.sec.19.2211-19.2216 as administrative penalty rules for nursing facilities which participate in the medicaid program. In addition, the department's amendment to sec.145.111 will incorporate TDHS's proposed amendments published in the July 31, 1992, issue of the Texas Register to existing 40 TAC sec. s19.302, 19.810, 19.1401, and 19.1503, concerning transfer and discharge, nursing practices, infection control, and applicable codes and standards. These amendments correct references to state/federal laws and health practitioners' licensing acts or clarify current standard wording. Mary Sidelnik, executive assistant, Bureau of Long Term Care, has determined that for each year of the first five-year period the section will be in effect as proposed, there will be no fiscal implications for state government as a result of enforcing or administering the section. There is a possibility of a fiscal impact on large and small nursing facilities operated by local government. The impact is difficult to determine exactly since the TDHS remedies rules offer a variety of remedy options for each facility based on the contract violations cited; however the option of a monetary penalty is one of the many options (see sec.19.2203(a)). It is estimated that the increased cost to a large or small facility may range from a minimum of $2.50 to a maximum of $10 per day per certified medicaid bed for a minimum of 15 days. The cost may be further increased by doubling the per day certified bed amount if the facility has claimed to correct the contract violation by the end of the 15 days, but is later found by the department surveyors to have failed to do so. Ms. Sidlenik also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section as proposed will be that nursing facility residents and their families will clearly understand the rules for assessment of monetary penalties and the rules will be clarified for providers, state surveyors, and appeal hearing officers. In addition, department staff and the public will more clearly understand the requirements because they will be updated to current statutory references or laws. The impact on small business will be the same as previously mentioned concerning facilities operated by local governments. There is no anticipated cost to persons who are required to comply with the section as proposed. There is no anticipated effect on local employment. Comments on the proposal may be submitted to Janice M. Caldwell, Dr.P.H., Chief, Bureau of Long Term Care, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3185, at phone (512) 458-7709. Comments will be accepted for 30 days following the date of publication of this proposal in the Texas Register. The amendment is proposed under the Health and Safety Code, sec.12.001, which provides the board with authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health; and s222.0255, which provides the department and the Texas Department of Human Services with the authority to jointly develop one set of standards for nursing homes that applies to licensure and to certification for participation in the medical assistance program under Chapter 32, Human Resources Code, and to adopt by rule the standards and any amendments to them. sec.145.111. Standards for Nursing Homes Jointly Developed by the Texas Department of Health and the Texas Department of Human Services that apply to Licensure and Medicaid Certification. (a) The Texas Department of Health proposes to adopt by reference the Texas Department of Human Services rules 40 TAC, sec.sec.19.1- 19.2216
                                [19.2107], concerning Long Term Care Nursing Facility Requirements for Licensure and Medicaid Certification as amended October
                                  [April], 1992. (b) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas on August 5, 1992. TRD-9210690 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Proposed date of adoption: October 24, 1992 For further information, please call:(512) 458-7709 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 55. Law Enforcement Subchapter D. Operation Game Thief Fund 31 TAC sec.55.112 The Operation Game Thief Committee proposes an amendment to sec.55.112, concerning donations and disbursements. This proposed amendment is a result of legislative enactment of House Bill 1195, 70th Legislature, which authorizes the Operation Game Thief Committee more authority in implementing rules and establishing procedures for the payment of rewards and maintaining records in the Operation Game Thief Program. Jim Dickinson, deputy executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of this proposal. Mr. Dickinson also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the maximizing of funds available for rewards to eligible applicants thereby increasing the protection of wildlife and fisheries resources. There will be no effect on small businesses. There is no anticipated economic cost to persons who participate in this program if this proposal is enacted. Comments on the proposal may be submitted to Steve Pritchett, Operation Game Thief Coordinator, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4626 or 1-800-792-1112, extension 4626. The amendment is proposed under Texas Parks and Wildlife Code, Chapter 12, Subchapter C, which provides the Operation Game Thief Committee with the authority to adopt rules for the implementation of the Operation Game Thief Program. sec.55.112. Donations and Disbursements. (a)-(b) (No change.) (c) Donations received shall be deposited by the director in interest-bearing accounts (operation game thief fund) insured by the Federal Deposit Insurance Corporation or invested in United States Treasury bills and bonds or certificates of deposit at the best available yields. (d) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 3, 1992. TRD-9210553 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Proposed date of adoption: November 4, 1992 For further information, please call: 1-800-792-1112, ext. 4433 or (512) 389- 4433 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part XI. Texas Juvenile Probation Commission Chapter 341. Policies and Procedures 37 TAC sec.341.21 The Texas Juvenile Probation Commission proposes an amendment to sec.341. 21, concerning a memorandum of understanding on service delivery to runaways between the Texas Juvenile Probation Commission and the Texas Department of Human Services. The amendment will eliminate the need for annual publication of the rule for changes of the formula to calculate high number of runaways. Steve Bonnell, deputy executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Bonnell also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the improved coordination for runaway children's services at the community level. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Steve Bonnell, Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711, (512) 443-2001. The amendment is proposed under the Texas Human Resources Code, sec.141.0475, which provides the Texas Juvenile Probation Commission with the authority to develop a memorandum of understanding and model cooperative agreement. sec.341.21. Memorandum of Understanding on Service Delivery to Runaways. (a) (No change.) (b) This law requires TJPC and TDHS to develop a model cooperative agreement. The agencies must require local TDHS agents and local juvenile probation departments receiving state aid to sign county level agreements and to review
                                    [not later than September 1, 1990, and to] and update the agreements annually as needed
                                      . The parties adopt a model cooperative agreement by reference. Copies of the model are available at the TJPC office, 2015 South IH 35, Austin, Texas 78741 and at the TDHS office, 701 West 51st Street, Austin, Texas 78751. TJPC agrees to give the model agreement to the chief of each juvenile probation department that receives state aid. TDHS agrees to give it to the appropriate operations directors and program administrators for families and children. TDHS agrees to provide TJPC the name of its staff person who will sign the agreement for it in each county. The county level agreements must: (1)-(6) (No change.) (c) TJPC and TDHS must designate the number of runaways for each county that shall be considered as a high number. (1) A county shall be considered to have a high number of runaways if the actual runaway referrals to the department shown in the most recent TJPC annual "Texas Juvenile Statistical Report" exceeds 105% of the statewide mean for runaway arrests plus 25. The statewide mean number of runaways is calculated according to the following formula: Most recent uniform crime reports of runaway arrests reported in the Texas Department of Public Safety's annual publication "Crime in Texas" divided by the juvenile population projections published in the most recent TJPC annual "Texas Juvenile Probation Statistical Report" = Statewide Mean.
                                        [A county shall be considered to have a high number of runaways if the number of arrests for running away reported in the newest Uniform Crime Reports is greater than or equal to 105 percent of the statewide mean, plus 25. The statewide mean number of runaways is calculated according to the following formula: [graphic] (2) TJPC will identify and notify each county which has actual runaway referrals greater than or equal to 105% of the statewide mean plus 25 that its
                                          [The] local agreement [in a county with a high number of runaways] must include plans for presentation to the commissioners court of the county of a request for funds to develop or contract for emergency services for runaways. [(3) The parties adopt Appendix A by reference. Copies are available at the TJPC office, 2015 South IH 35, Austin, Texas 78741, and the TDHS office, 701 West 51st Street, Austin, Texas 78751. Appendix A shows the actual uniform crime reports of runaway arrests greater than or equal to 105% of the statewide mean plus 25 are identified.] (d)-(e) (No change.) (f) To prepare the report described in subsection (e) of this section, TDHS agrees to collect and report the data in Appendix A
                                            [B], its "Services to Runaways and At-Risk Youth" monthly summary statistics. The parties adopt Appendix A
                                              [B] by reference. Copies are available at the TJPC office, 2015 South IH 35, Austin, Texas 78741, and at TDHS offices at 701 West 51st Street, Austin, Texas 78751. (g) To prepare the report described in subsection (e) of this section, TJPC agrees to collect and report the information about runaways contained in its annual
                                                [calendar year 1990] "Texas Juvenile Probation Statistical Report." In addition, TJPC agrees to add the following question to the annual survey completed by each contracting juvenile probation department: How many runaway referrals were not served because of staff or resource shortfalls? (h) TJPC and TDHS agree to meet annually, prior to August 31,
                                                  [in April 1992] to consider whether changes should be made in their agreement , and to identify and notify those counties having a high number of runaways. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on August 3, 1992. TRD-9210624 Bernard Licarione, Ph.D. Executive Director Texas Juvenile Probation Commission Earliest possible date of adoption: September 11, 1992 For further information, please call: (512) 443-2001