Adopted Sections 
 An agency may take final action on a section 30 days after a proposal has been 
published in the Texas Register. The section becomes effective 20 days after the 
agency files the correct document with the Texas Register, unless a later date 
is specified or unless a federal statute or regulation requires implementation 
of the action on shorter notice. 
 If an agency adopts the section without any changes to the proposed text, only 
the preamble of the notice and statement of legal authority will be published. 
If an agency adopts the section with changes to the proposed text, the proposal 
will be republished with the changes. 
 
   
  TITLE 16. ECONOMIC REGULATION 
 Part I. Railroad Commission of Texas 
  Chapter 5. Transportation Division 
  
  Subchapter I. Equipment: Identification and Reports 
 
  16 TAC sec.5.152 
 
  The Railroad Commission of Texas adopts an amendment to  sec.5.152 concerning 
cab cards, without changes to the proposed text as published in the June 16, 
1992, issue of the Texas Register (17 TexReg 4305). 
 The amendment, published pursuant to a petition from Parkway Transport, Inc. , 
Parkway Distributors, Inc., and Parkway Custom Carriers, Inc., is adopted to 
further the legislative direction to encourage the transportation of recyclable 
materials. Thus an existing motor carrier may use its vehicles for existing 
operations and newly developed transportation of recyclable materials. 
 The amendment will allow motor carriers with several certificate or permits to 
register a vehicle under four different pieces of authority, provided that one 
of the pieces of authority is authority issued under the provisions of sec.5.43 
of this title (relating to Transportaiton of Recyclable Materials). The 
amendment will allow those carriers that have registered vehicles under three 
pieces of authority, the maximum currently allowed, to register those vehicles 
under the new recycable certificates or permits. 
 Several comments were received, all in support of the proposed rule. The 
comments supported the effort by the commission to encourage the integration of 
transportation of recycable materials into exiting traffic lanes. 
 No groups or associations commented regarding the proposed rule. 
 The amendment is adopted under the Texas Motor Carrier Act, Texas Civil 
Statutes, Article 911b, and the Health and Safety Code, sec.361.431, which 
authorize the commission to regulate the activities of motor carriers, and 
transporters of recycable materials. 
 
  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 August 17, 1992. 
 TRD-9211383 
  Nolan Ward 
 Hearings Examiner, Legal Division-General Law 
 Railroad Commission of Texas 
    Effective date: September 9, 1992 
 Proposal publication date: June 16, 1992 
 For further information, please call: (512) 463-7094 
         
               
  TITLE 22. EXAMINING BOARDS 
 Part II. State Board of Barber Examiners 
  Chapter 51. Practice and Procedure 
  
  Barber Shops 
 
  22 TAC sec.51.97 
 
  The State Board of Barber Examiners adopts an amendment to sec.51.97, 
concerning booth rental permits, without changes to the proposed text as 
published in the May 29, 1992, issue of the Texas Register (17 TexReg 3888). 
 The amendment changes some language to make the rule easier to understand. 
 The individual permit holders and the shop owners will be responsible for 
violations. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under Texas Civil Statutes, Article 8407a, sec.28(a) , 
which provide the State Board of Barber Examiners with the authority to adopt 
rules and regulations for the transaction of business. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on August 14, 1992. 
 TRD-9211295 
  Jo King McCrorey 
 Executive Director 
 State Board of Barber Examiners 
    Effective date: September 8, 1992 
 Proposal publication date: May 29, 1992 
 For further information, please call: (512) 835-2040 
         
               
  TITLE 31. NATURAL RESOURCES AND CONSERVATION 
 Part IX. Texas Water Commission 
  
  (Editor's Note: Chapter 285, Private Sewage Facilities, of Title 31 is being 
administratively transferred and renumbered to Chapter 284 of Title 31. The 
transfer is to reorganize existing rules to facilitate the transfer of 
additional rules caused by the implementation of Senate Bill 2, 72nd 
Legislature, First Called Session. 
 <p The table below lists the new section numbers and the old section numbers 
that correspond to them.) 
 
  
   
  
   
  
   
  
   
  
   
  
   
  
     
  
       
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part XIII. Texas Commission on Fire Protection 
  Chapter 423. Fire Suppression 
  
  Subchapter A. Minimum Standards for Structure Fire Protection Personnel 
Certification 
 
  37 TAC sec.sec.423.3, 423.5, 423.9 
 
  The Texas Commission on Fire Protection adopts amendments to sec.423.3 and 
sec.423.5, and new sec.423.9, concerning minimum standards for structure fire 
protection personnel certification, without changes to the proposed text as 
published in the June 5, 1992, issue of the Texas Register  (17 TexReg 4072). 
 These amendments and new section will allow and encourage advanced training of 
the fire protection personnel by creating greater avenues for training options 
of advanced levels of certification in structure fire fighting. 
 The amendment to sec.423.3 adds a training option for intermediate structure 
fire protection personnel to reflect current National Fire Academy courses. The 
amendment to sec.423.5 allows additional options for college course credit 
requirements for advanced structural fire protection personnel certification. 
New sec.423.9 allows fire protection personnel assigned to other disciplines to 
seek higher levels of certification in structural fire protection. 
 No comments were received regarding the adoption of the amendments and new 
section. 
 The amendments and new section are adopted under the Government Code, 
sec.419.008, which provides the Texas Commission on Fire Protection with 
authority to adopt rules for the administration of its powers and duties, and 
the Government Code, sec.419.022(a)(5), which provides the commission with 
authority to establish minimum standards for advanced or specialized fire 
protection personnel positions. 
 
  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 August 18, 1992. 
 TRD-9211386 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Effective date: September 9, 1992 
 Proposal publication date: June 5, 1992 
 For further information, please call: (512) 873-1700 
         
           Chapter 435. Fire Fighter Safety 
  
  37 TAC sec.435.1, sec.435.3 
 
  The Texas Commission on Fire Protection adopts the amendments to sec.435.1 and 
sec.435.3, concerning protective clothing and self-contained breathing apparatus 
(SCBA) for use by fire protection personnel, without changes to the proposed 
text as published in the June 5, 1992, issue of the Texas Register (17 TexReg 
4074). 
 The amendments concerning SCBA are mandated by Acts 1991, 72nd Legislature, 
Chapter 628 (Senate Bill 383), which granted the commission authority to approve 
nationally recognized standards for SCBA equipment, testing, and breathing air 
quality. The amendments will increase fire fighter safety because employing 
entities must provide a more complete ensemble of protective clothing and will 
have a clear delineation of standards applicable to SCBA. 
 The amendments concerning protective clothing outline the components of a 
protective clothing ensemble and the effective dates of National Fre Protection 
Association (NFPA) standards applicable to fire fighter boots and protective 
hoods. The amendments concerning SCBA adopts NFPA standards in effect at the 
time a department contracts for new, rebuilt, or used SCBA and identifies NFPA 
standards applicable to equipment testing and air quality sampling. 
 No comments were received regarding adoption of the amendments. 
 The amendments are adopted under the Government Code, sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its powers and duties; the Government Code, sec.419. 
041, which provides the commission with authority to approve standards for SCBA 
used by fire protection personnel; and the Government Code, sec.419.042, which 
provides the commission with authority to adopt standards for protective 
clothing and SCBA. 
 
  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 August 18, 1992. 
 TRD-9211387 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Effective date: September 9, 1992 
 Proposal publication date: June 5, 1992 
 For further information, please call: (512) 873-1700 
         
         Chapter 437. Fees 
  
  37 TAC sec.437.3 
 
  The Texas Commission on Fire Protection adopts an amendment to sec.437.3, 
concerning certification fees, without changes to the proposed text as published 
in the June 5, 1992, issue of the Texas Register (17 TexReg 4074). 
 The amendment will allow an opportunity to recognize the training and work 
experience of fire prevention and fire protection personnel after retirement or 
separation from service. 
 The amendment outlines the requirements and certification fee for a one-time 
certificate for persons no longer employed by a regulated entity stating the 
level of certification in each discipline held by the person on the date of 
separation from employment. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under the Government Code, sec.419.008, which provides 
the Texas Commission on Fire Protection with authority to adopt rules to 
administer its powers and duties, and the Government Code, sec.419.033, which 
authorizes the commission to issue a one-time certificate to persons no longer 
employed by an entity regulated by the commission. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on August 18, 1992. 
 TRD-9211388 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Effective date: September 9, 1992 
 Proposal publication date: June 5, 1992 
 For further information, please call: (512) 873-1700 
         
         Chapter 439. Examinations for Certification 
  
  37 TAC sec.439.3, sec.439.5 
 
  The Texas Commission on Fire Protection adopts amendments to sec.439.3 and 
sec.439.5, concerning examinations, without changes to the proposed text as 
published in the June 5, 1992, issue of the Texas Register (17 TexReg 4075). 
 The amendment to sec.439.3, extending the examination requirement to all 
disciplines, will allow for greater assurance that training course content is 
retained by candidates for certification in all disciplines. The amendment to 
sec.439.5 is necessary to define the scope of material covered by examinations. 
 The amendment to sec.439.3, concerning general requirements, will delete the 
word "structure" from the text to establish an examination requirement for new 
applicants in all disciplines of fire protection personnel. The amendment to 
sec.439.5 provides for examinations based on currently adopted curricula adopted 
in the Commission Certification Curriculum Manual. 
 No comments were received regarding adoption of the amendments. 
 The amendments are adopted under the Government Code, sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
to administer its powers and duties, and the Government Code, sec.419.026(b), 
which authorizes the commission with authority to set and collect an examination 
fee for each examination given to fire protection personnel for basic 
certification. 
 
  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 August 18, 1992. 
 TRD-9211389 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Effective date: September 9, 1992 
 Proposal publication date: June 5, 1992 
 For further information, please call: (512) 873-1700 
         
         Chapter 441. Continuing Education 
  
  37 TAC sec.441.5, sec.441.7 
 
  The Texas Commission on Fire Protection adopts amendments to sec.441.5 and 
sec.441.7, concerning continuing education requirements for fire protection 
personnel, without changes to the proposed text as published in the June 5, 
1992, issue of the Texas Register (17 TexReg 4035). 
 The enforcement of these amendments will provide for a higher level of 
compliance with continuing education requirments and a generally high level of 
competence for public fire protection personnel. 
 The amendment to sec.441.5 establishes a curative procedure for individuals who 
fail to comply with continuing education requirements during a certification 
period. The amendment to sec.441.7 provides fire department heads with the 
authority to determine exemptions from continuing education requirements for 
personnel who do not serve in structural fire protection at least six months 
during the certification period. 
 No comments were received regarding adoption of the amendments. 
 The amendments are adopted under the Government Code, sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
for the administration of its power and duties and the Government Code, sec.419. 
032(b), which provides the commission with authority to establish qualifications 
relating to continuing education programs. 
 
  This agency hereby certifies that the rule as adopted has been reviewed by 
legal counsel and found to be a valid exercise of the agency's legal authority. 
 Issued in Austin, Texas, on August 18, 1992. 
 TRD-9211390 
  Jack Woods 
 General Counsel 
 agency 
    Effective date: September 9, 1992 
 Proposal publication date: June 5, 1992 
 For further information, please call: (512) 873-1700 
         
         Chapter 445. Administrative Inspections and Penalties 
  
  37 TAC sec.sec.445.1, 445.3, 445.5, 445.7, 445.9, 445.11, 445.13, 445.15, 
445.17, 445.19, 445.21 
 
  The Texas Commission on Fire Protection adopts new sec. sec.445.1, 445.3, 445. 
5, 445.7, 445.9, 445.11, 445.13, 445.15, 445.17, 445.19, and 445.21, concerning 
administrative inspections and penalties, without changes to the proposed text 
as published in the June 5, 1992, issue of the Texas Register  (17 TexReg 4076). 
 The enforcement of these new sections will allow for stricter compliance with 
statutes and commission rules pertaining to fire fighter training and safety 
and, accordingly, provide higher quality fire prevention and suppression 
services. 
 Section 445.1 provides for a biennial inspection of each entity under the 
jurisdiction of the commission. Section 445.3 allows the commission, through its 
agents and employees, access to the entities it regulates. Section 445.5 allows 
the commission to implement and maintain compliance with the rules and the code 
through inspections and when noncompliance occurs, though disciplinary action as 
deemed appropriate. Section 445.7 provides procedures followed during the course 
of an inspection. This section also provides for definitions to major and minor 
violations. Section 445.9 provides procedures followed when violations are found 
and sec.445.11 provides procedures followed when major violations are found. 
Sections 445.13, 445.15, and 445.17 address disciplinary hearings, judicial 
enforcement, and liability for violations respectively. Section 445.19 charges 
the executive director, or his designee, with the development of forms for the 
inspections. Lastly, sec.445.21 provides an effective date of January 1, 1993, 
for the chapter. 
 No comments were received regarding adoption of these new sections. 
 The new sections are adopted under the Government Code,  sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
to administer its powers and duties; the Government Code, sec.419.027, which 
provides the commission with authority to inspect each facility conducting 
training for fire protection personnel and recruits and fire departments for 
compliance with statutes and commission rules; and the Government Code, sec.419. 
906, which provides the commission with the authority to impose administrative 
penalties for violations of chapter 419 or commission rules. 
 
  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 August 18, 1992. 
 TRD-9211391 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Effective date: September 9, 1992 
 Proposal publication date: June 5, 1992 
 For further information, please call: (512) 873-1700 
         
         Chapter 491. Voluntary Regualtion of State Agencies and State Agency 
Employees 
  
  37 TAC sec.sec.491.1, 491.3, 491.5, 491.7 
 
  The Texas Commission of Fire Protection adopts new sec.491.1, 491.3, 491.5, 
and 491.7, concerning voluntary regulation of state agencies and state employees 
providing fire protection, without changes to the proposed text published in the 
June 5, 1992, issue of the Texas Register (17 TexReg 4079). 
 These new sections will provide improved training and fire safety for state 
employees providing fire protection and prevention services. 
 The new sections define the components under which agencies and/or employees 
may elect regualtion and certification as fire protection personnel and outline 
the documentation required of the applicant. 
 No comments were received regarding adoption of these new sections. 
 The new sections are adopted under the Government Code,  sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
to administer its powers and duties, and the Government Code, sec.419.083, which 
provides the commission with authority to provide procedures for voluntary 
regulation and certification of state agencies and/or state employees who would 
be fire protection personnel if emploued by a local government. 
 
  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 August 18, 1992. 
 TRD-9211392 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Effective date: September 9, 1992 
 Proposal publication date: June 5, 1992 
 For further information, please call: (512) 873-1700 
         
         Chapter 493. Voluntary Regulation of Federal Agencies and Federal 
Agency Employees 
  
  37 TAC sec.sec.493.1, 493.3, 493.5, 493.7 
 
  The Texas Commission on Fire Protection adopts new sec. sec.493.1, 493.3, 493. 
5, and 493.7, concerning voluntary regulation of federal agencies and federal 
employees providing fire protection, without changes to the proposed text as 
published in the June 5, 1992, issue of the Texas Register  (17 TexReg 4079). 
 The enforcement of these sections will improve the training and fire safety for 
federal employees providing fire protection and prevention services. 
 The new sections define the components under which agencies and/or employees 
may elect regulation and certification as fire protection personnel and outline 
the documentation required of the applicant. 
 No comments were received regarding adoption of these new sections. 
 The new sections are adopted under the Government Code,  sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
to administer its powers and duties, and the Government Code, sec.419.084, which 
provides the commission with authority to provide procedures for voluntary 
regulation and certification of federal agencies and/or federal employees who 
would be fire protection personnel if employed by a local government. 
 
  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 August 18, 1992. 
 TRD-9211393 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Effective date: September 9, 1992 
 Proposal publication date: June 5, 1992 
 For further information, please call: (512) 873-1700 
         
         Chapter 495. Voluntary Regulation of Nongovernmental Departments 
  
  37 TAC sec.sec.495.1, 495.3, 495.5 
 
  The Texas Commission on Fire Protection adopts new sec. sec.495.1, 495.3, and 
495.5, concerning voluntary regulation of nongovernmental entities providing 
fire protection, without changes to the proposed text as published in the June 
5, 1992, issue of the Texas Register (17 TexReg 4080). 
 The enforcement of these sections will be improved training and first safety 
for fire protection employees of nongovernmental entities providing fire 
protection to areas meeting statutory criteria. 
 The new sections define the procedures under which nongovernmental entities 
and/or employees may seek regulation and certification as fire protection 
employees and outline the documentation required of the applicant. 
 No comments were received regarding adoption of the new sections. 
 The new sections are adopted under the Government Code,  sec.419.008, which 
provides the Texas Commission on Fire Protection with authority to adopt rules 
to administer its powers and duties and the Government Code, sec.419.085, which 
provides the commission with authority to provide procedures for vouluntary 
regulation and certification of nongovernmental entities and/or employees who 
would be fire protection personnel if employed by a local government. 
 
  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 August 19, 1992. 
 TRD-9211385 
  Jack Woods 
 General Counsel 
 Texas Commission on Fire Protection 
    Effective date: September 9, 1992 
 Proposal publication date: June 5, 1992 
 For further information, please call: (512) 873-1700 
         
             
  TITLE 40. SOCIAL SERVICES AND ASSISTANCE 
 Part I. Texas Department of Human Services 
  Chapter 54. Family Violence Program 
  
  Administration 
 
  The Texas Department of Human Services (DHS) adopts the repeal of 
sec.sec.54.102, 54.103, 54.201, 54.205, 54.302, 54.304, and 54.307; adopts new 
sec.sec.54.102, 54.103, 54.201, 54.205, 54.302, 54.304, 54.307, and 54.405; and 
adopts amendments to sec.sec.54.104, 54.203, 54.204, 54.301, 54.305, 54.306, 54. 
310, 54.311, and 54.403. New sec.54.102 and sec.54.103 and the amendment to 
sec.54.204 are adopted with changes to the proposed text as published in the 
July 14, 1992, issue of the Texas Register (17 TexReg 5006). The repeal of 
sec.sec.54.102, 54.103, 54.201, 54.205, 54.302, 54.304, and 54.307; new 
sec.sec.54.201, 54.205, 54.302, 54.304, 54.307, and 54.405; and amendments to 
sec.sec.54.104, 54.203, 54.301, 54.305, 54.306, 54.310, 54.311, and 54.403 are 
adopted without changes and will not be republished. 
 The justification for the repeals, new sections, and amendments is to better 
define services purchased by DHS and to clarify expectations of contractors in 
record keeping and internal policies. 
 The repeals, new sections, and amendments will function by ensuring consistent 
services for battered women and their children across the state. 
 No comments were received regarding adoption of tbe repeals, new sections, and 
amendments; however, DHS is adopting new  sec.54.102(d)(3) with a change to 
clarify that shelter centers may provide 24-hour-a-day shelter to persons less 
than 18 years old if they are married or unmarried minor mothers who are the 
sole financial support of their natural child(ren). Sections 54.103(d)(2) and 
54.204(a) are adopted with minor editorial changes. 
   
  40 TAC sec.54.102, sec.54.103 
 
  The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, 
which provides the department with the authority to administer public assistance 
programs, and Chapter 51, which provides the department with the authority to 
contract for family violence shelter-center services and to adopt rules to 
implement them. 
 
  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 August 18, 1992. 
 TRD-9211330 
  Nancy Murphy 
 Agency Liaison, Policy and Document Support 
 Texas Department of Human Services 
    Effective date: September 15, 1992 
 Proposal publication date: July 14, 1992 
 For further information, please call: (512) 450-3765 
         
       
  40 TAC sec.sec.54.102-54.104 
 
  The new sections and amendment are adopted under the Human Resources Code, 
Title 2, Chapter 22, which provides the department with the authority to 
administer public assistance programs, and Chapter 51, which provides the 
department with the authority to contract for family violence shelter-center 
services and to adopt rules to implement them. 
 
 
  sec.54.102. Client Eligibility. 
 
  (a) Eligible persons are victims of family violence as defined in the Human 
Resources Code, Title II, 51.002(2), and adults subjected to sexual and/or 
emotional abuse by their batterer. 
   
  (b) Shelter centers must: 
 
  (1) determine eligibility and document in the case file that the client is or 
has been a victim of family violence; 
   
  (2) have written policy specifying conditions under which persons are 
precluded from receiving services; 
   
  (3)  provide services to clients without regard to income; 
   
  (4) comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352), 
the Rehabilitation Act of 1973, sec.504 (Public Law 93-112), The Americans with 
Disabilities Act of 1990 (Public Law 101-336), and all amendments to each, and 
all requirements imposed by the regulations issued pursuant to these Acts. In 
addition, shelter centers must agree to comply with 40 TAC, Chapter 73. These 
provide in part that no person in the United States shall, on the grounds of 
race, color, national origin, age, sex, disability, political beliefs, or 
religion be excluded from participation or denied any aid, care, service, or 
other benefits provided by federal and/or state funding, or otherwise be subject 
to discrimination; and 
   
  (5) comply with the Health and Safety Code, sec.85.113 (relating to workplace 
and confidentiality guidelines regarding AIDS and HIV). 
     
  (c) Shelter centers may provide information and referral services without 
determining eligibility. 
   
  (d) Since shelter centers are not licensed to provide residential child care, 
they must not provide 24-hour-a-day shelter to a person less than 18 years old 
unless that person is: 
 
  (1) accompanied by a parent or legal guardian; 
   
  (2) legally emancipated, as defined in the Texas Family Code, Chapter 31; or 
   
  (3) a minor mother, married or unmarried, who is the sole financial support of 
her natural child or children. 
     
  (e) Under the Texas Family Code, Chapter 35.03(g), shelter centers may provide 
counseling to minors without parental consent. 
   
  (f) Shelter centers that provide services, other than community education as 
defined in sec.54.206 of this title (relating to Community Education), for 
minors without serving their parent as an adult victim of family violence must 
document what funds are used to provide the services and must not: 
 
  (1) use Texas Department of Human Services (DHS) funding to provide this 
service; or 
   
  (2) include this service in statistics they report to DHS. 
     
  (g) Shelter centers must have written policies stating whether they serve 
unmarried minor mothers who are the sole financial support of their child or 
children. 
   
  (h)  Shelter centers that serve unmarried minor mothers must document what 
funds are used to provide the services. Shelter centers must not: 
 
  (1)  use DHS funding to provide this service; or 
   
  (2) include this service in statistics they report to DHS. 
 
       
  sec.54.103. Confidentiality Requirements of Shelter Centers. 
 
  (a)  Shelter centers must develop policies to ensure confidentiality of 
persons requesting or receiving services. These policies must: 
 
  (1) be followed by all staff members and volunteers who have contact with 
clients or information regarding clients; 
   
  (2) be posted in the shelter center and other sites where resident and non-
resident clients are served; and 
   
  (3)  apply to all information provided by a client to a shelter staff member 
or volunteer. 
     
  (b) Shelter centers must obtain written consent from the client before 
releasing information orally or in writing. The consent must include the: 
 
  (1) name of the person or agency to which the information is being released; 
   
  (2) reason for releasing the information; and 
   
  (3) time period during which the release of information will occur. 
     
  (c) The consent must be signed and dated by the client and an appropriate 
staff member. Clients may verbally or in writing terminate their consent to 
release information at any time. 
   
  (d) Staff do not obtain written consent to report the following, and they must 
report: 
 
  (1) suspected abuse and neglect to Child Protective Services; and 
   
  (2) to appropriate mental health authorities circumstances in which the 
clients may be harmful to themselves or others. 
     
  (e) Shelter center board members must not use their position on the board of 
directors to obtain confidential client information unless the information is 
needed to carry out their board duties and responsibilities. 
   
  (f) Shelter residents or nonresidents must be allowed to review all 
information in their client file except the information exempted from disclosure 
under the Open Records 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 August 18, 1992. 
 TRD-9211331 
  Nancy Murphy 
 Agency Liaison, Policy and Document Support 
 Texas Department of Human Services 
    Effective date: September 15, 1992 
 Proposal publication date: July 14, 1992 
 For further information, please call: (512) 450-3765 
         
             
  Shelter Center Operational Requirements 
 
  40 TAC sec.54.201, sec.54.205 
 
  The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, 
which provides the department with the authority to administer public assistance 
programs, and Chapter 51, which provides the department with the authority to 
contract for family violence shelter-center services and to adopt rules to 
implement them. 
 
  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 August 18, 1992. 
 TRD-9211332 
  Nancy Murphy 
 Agency Liaison, Policy and Document Support 
 Texas Department of Human Services 
    Effective date: September 15, 1992 
 Proposal publication date: July 14, 1992 
 For further information, please call: (512) 450-3765 
         
       
  40 TAC sec.sec.54.201, 54.203, 54.204, 54.205 
 
  The new sections and amendment are adopted under the Human Resources Code, 
Title 2, Chapter 22, which provides the department with the authority to 
administer public assistance programs, and Chapter 51, which provides the 
department with the authority to contract for family violence shelter-center 
services and to adopt rules to implement them. 
 
 
  sec.54.204. Employee Orientation and Training. 
 
  (a) Shelter centers must provide an orientation to employees within the first 
two weeks of employment. The orientation must cover the policies listed in 
sec.54.201 of this title (relating to Shelter Center Policies and Procedures). 
   
  (b)  Shelter centers must provide training to employees within the first six 
months of employment. The training must cover all of the topics listed in 
sec.54.205 of this title (relating to Volunteer Training). Staff having direct 
contact with clients must also be trained on how to complete Texas Department of 
Human Services (DHS) and shelter center forms and how to write case notes. 
   
  (c) The employees' orientation and training must be documented in their 
personnel file. Documentation must include the number of training hours the 
employee received, and the topics and dates of training. 
 
  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 August 18, 1992. 
 TRD-9211333 
  Nancy Murphy 
 Agency Liaison, Policy and Document Support 
 Texas Department of Human Services 
    Effective date: September 15, 1992 
 Proposal publication date: July 14, 1992 
 For further information, please call: (512) 450-3765 
         
           
  40 TAC sec.sec.54.301, 54.302, 54.304-54.307, 54.310, 54.311 
 
  The new sections and amendments are adopted under the Human Resources Code, 
Title 2, Chapter 22, which provides the department with the authority to 
administer public assistance programs, and Chapter 51, which provides the 
department with the authority to contract for family violence shelter-center 
services and to adopt rules to implement them. 
 
  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 August 18, 1992. 
 TRD-9211335 
  Nancy Murphy 
 Agency Liaison, Policy and Document Support 
 Texas Department of Human Services 
    Effective date: September 15, 1992 
 Proposal publication date: July 14, 1992 
 For further information, please call: (512) 450-3765 
         
         
  Shelter Center Services 
 
  40 TAC sec.sec.54.302, 54.304, 54.307 
 
  The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, 
which provides the department with the authority to administer public assistance 
programs, and Chapter 51, which provides the department with the authority to 
contract for family violence shelter-center services and to adopt rules to 
implement them. 
 
  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 August 18, 1992. 
 TRD-9211334 
  Nancy Murphy 
 Agency Liaison, Policy and Document Support 
 Texas Department of Human Services 
    Effective date: September 15, 1992 
 Proposal publication date: July 14, 1992 
 For further information, please call: (512) 450-3765 
         
         
  Contracting Requirements 
 
  40 TAC sec.54.403, sec.54.405 
 
  The new section and amendment are adopted under the Human Resources Code, 
Title 2, Chapter 22, which provides the department with the authority to 
administer public assistance programs, and Chapter 51, which provides the 
department with the authority to contract for family violence shelter-center 
services and to adopt rules to implement them. 
 
  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 August 18, 1992. 
 TRD-9211336 
  Nancy Murphy 
 Agency Liaison, Policy and Document Support 
 Texas Department of Human Services 
    Effective date: September 15, 1992 
 Proposal publication date: July 14, 1992 
 For further information, please call: (512) 450-3765