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 7. BANKING AND SECURITIES Part VI. Credit Union Department Chapter 91. Chartering, Operations, Mergers, Liquidations Investments 7 TAC sec.91.802 The Credit Union Department adopts an amendment to sec.91.802, without changes to the proposed text as published in the September 22, 1992 issue of the Texas Register (17 TexReg 6252). This rule provides credit unions the authority to invest in open-end investment companies (mutual funds). Prior to this rule being adopted, a credit union's authority to do such investing was questionable. The rule as written not only authorizes investments in mutual funds, but it also establishes restrictions as to what fund can be invested, the mutual fund companies that can be used, and the method for recording the value of such investments. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 2461-8.01(9) and Article 2461-11.07, which provide the Credit Union Commission with the authority to adopt reasonable rules necessary for the administration of the Texas Credit Union 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 November 16, 1992. TRD-9215447 John R. Hale Commissioner Credit Union Department Effective date: December 8, 1992 Proposal publication date: September 22, 1992 For further information, please call: (512) 837-9236 Chapter 95. Texas Share Guaranty Credit Union Finance and Accounts 7 TAC sec.95.313 The Credit Union Department adopts an amendment to sec.95.313, without changes to the proposed text as published in the October 16, 1992, issue of the Texas Register (17 TexReg 7144). This rule provides recourse for a credit union that has been advised that it is having its membership and insurance terminated by Texas Share Guaranty Credit Union (TSGCU). Prior to this amendment, receiving such notice was tantamount to that credit union being placed into liquidation. Such actions without the right of appeal are considered unconstitutional and in violation of the Texas Credit Union Act. With this rule, there is authority for appeal of such notification. TSGCU, with the consent of the commissioner, can issue a letter terminating a credit union's membership in TSGCU. If the commissioner does not agree with TSGCU's decision to terminate a credit union's membership, TSGCU can demand a formal hearing on the matter. If a credit union's membership is terminated by TSGCU, the credit union has the right to appeal this termination in a formal hearing. If the credit union's membership in TSGCU is terminated and the credit union is unable to obtain share insurance through another source which is approved by the commissioner, its membership shall be formally notified by letter and through ads in a local newspaper of general circulation. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 2461-11.07, which provide the Credit Union Commission with the authority to adopt reasonable rules necessary for the administration of the Texas Credit Union 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 November 16, 1992. TRD-9215446 John R. Hale Commissioner Credit Union Department Effective date: December 8, 1992 Proposal publication date: October 16, 1992 For further information, please call: (512) 837-9236 TITLE 13. CULTURAL RESOURCES Part IV. Texas Antiquities Committee Chapter 45. State Archeological Landmarks Protection of State Archeological Landmarks 13 TAC sec.45.4 The Texas Antiquities Committee adopts an amendment to sec.45.4, without changes to the proposed text as published in the September 18, 1992, issue of the Texas Register (17 TexReg 6415). Periodic review and update of designated state land tracks is required by subsection (f) of this section (concerning state land tracts designated by the committee as containing state archeological landmark (SAL) in Texas submerged land). The section will increase the number of sensitive state land tracks within which a SAL exists or is likely to exist. No comments were received regarding adoption of the amendment. The amendment is adopted under the Natural Resources Code, Title 9, Chapter 191 (revised by Senate Bill 231, 68th Legislature, 1983, by House Bill 2056, 70th Legislature, 1987), sec.191.052, which provides the Texas Antiquities Committee with the authority to promulgate rules and require contract or permit condition to reasonably effect the purposes of Chapter 191. 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 November 16, 1992. TRD-9215405 Kathleen McLaughlin-Weyland Certifying Official Texas Antiquities Committee Effective date: December 7, 1992 Proposal publication date: September 18, 1992 For further information, please call: (512) 463-6096 TITLE 22. EXAMINING BOARDS Part XXIII. Texas Real Estate Commission Chapter 541. Rules Relating to the Provisions of Article 6252-13c Criminal Offense Guidelines 22 TAC sec.541.1 The Texas Real Estate Commission adopts an amendments to sec.541.1 concerning criminal offense guidelines, without changes to the proposed text as published in the October 2, 1992, issue of the Texas Register (17 TexReg 6733). The amendment specifies licenses and registrations issued by the commission and provides guidelines to determine whether criminal offenses are considered directly related to the duties and responsibilities for which the licenses or registrations are issued. The amendment is necessary to ensure the commission's compliance with Texas Civil Statutes, Article 6252-13c. One comment was received which urged the commission not to consider factors such as the age of the offender or the severity of the offense. The commission declined to make the suggested change since the consideration of those factors is required by Texas Civil Statutes, Article 6252-13c. The amendment is adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which authorize the commission to make and enforce all rules and regulations necessary for the performance of its duties. 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 November 16, 1992. TRD-9215467 Mark A Moseley General Counsel Texas Real Estate Commission Effective date: December 8, 1992 Proposal publication date: October 2, 1992 For further information, please call: (512) 465-3900 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 11. Health Maintenance Organizations Subchapter O. Administrative Procedures 28 TAC sec.11.1403 The State Board of Insurance of the Texas Department of Insurance adopts new sec.11.1403, concerning a requirement that health maintenance organizations advise enrollees of a toll-free complaint telephone number for psychiatric and chemical dependency treatment services, with changes to the proposed text published in the June 26, 1992, issue of the Texas Register (17 TexReg 4600). The new section is necessary to carry out the provisions of a memorandum of understanding entered into by the Texas Department of Insurance and other state agencies, and to advise enrollees of the existence of the toll-free number established under that memorandum. The section will require health maintenance organizations to publish a notice of the toll-free complaint telephone number for complaints regarding psychiatric services or chemical dependency treatment services in their next newsletter and to include the same information in information provided to new subscribers. An informal comment was received which asked that the language of the notice itself be shortened and stated more clearly. The Department has changed the language as requested so that the notice now merely refers the enrollee to the toll-free complaint telephone number without setting forth the specifics of the way in which the referral will be handled, and without stating the way in which the providers of services are required to post such notices. This change should provide the needed information to the enrollee and will not impose additional requirements on the HMOs. In accordance with the indication published in the preamble to the proposed rule, the department has also acquiesced to the request of the commenter made at the time the rule was approved for publication for comment, that the notice be printed in Spanish, and that the notice be printed in l0 point type if the newsletter is printed in type smaller than l0 point type. A Spanish translation is published in the rule for the convenience of the HMOs. No comments were received for the sections during the comment period. The Office of Public Insurance Counsel commented informally against the rule in its proposed form during the comment period. The new section is adopted under the Insurance Code, Articles 20A.22 and l. 04, and Texas Civil Statutes, Article 6252-13a, sec.4 and sec.5. Article 20A.22 authorizes the board to promulgate rules to carry out the provisions of the Health Maintenance Organization Act. Article 1.04(b) provides the board with authority to determine rules in accordance with the laws of this state. Texas Civil Statutes, Article 6252-13a, sec.4 and sec.5 authorize and require each state agency to adopt rules of practice setting forth the nature and requirements of available procedures and prescribe the procedures for adoption of rules by a state administrative agency. sec.11.1403. Requirement for Notifying Enrollees of Toll-free Telephone Number for Complaints about Psychiatric or Chemical Dependency Services of Private Psychiatric Hospitals, General Hospitals and Chemical Dependency Treatment Centers. Health Maintenance Organizations shall include in their next available newsletter or other general mailing to all enrollees following the effective date of this rule, and shall include in information provided to new subscribers, the following notice: [graphic] The entire notice shall be in at least 10-point type. If the newsletter or other mailing is in larger then 10-point type, the notice shall be in the same type as the rest of the newsletter or mailing. Paragraphs 1-3 of the English notice and paragraphs 1-3 of the Spanish notice must be in bold face type. Paragraphs 1 and 2 of the English and Spanish notices must be in all capital letters. A final print of the mailing shall be submitted to the HMO Unit of the Texas Department of Insurance for filing within 30 days following distribution to enrollees. 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 November 17, 1992. TRD-9215476 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: December 8, 1992 Proposal publication date: June 26, 1992 For further information, please call: (512) 463-6327 Title 34. Public Finance Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter O. State Sales and Use Tax 34 TAC sec.3.357 The Comptroller of Public Accounts adopts an amendment to sec.3.357, concerning labor relating to nonresidential real property repair, remodeling, restoration, maintenance, new construction, and residential property, without changes to the proposed text as published in the October 2, 1992, issue of the Texas Register (17 TexReg 6762). The amendment clarifies the comptroller's definition of real property "maintenance," adds definitions of "scheduled" and "periodic," and revises subsection (b)(5) regarding repairs, remodeling and restoration performed by exempt entities. Other wording changes were made for clarity. No comments were received regarding adoption of the amendment. The amendment is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. Issued in Austin, Texas, on November 16, 1992. TRD-9215412 Martin E. Cherry Chief, General Law Comptroller of Public Accounts Filed: November 16, 1992 For further information, please call: (512) 463-4028 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's Note: As required by the Insurance Code, Article 5.96 and 5. 97, the Texas Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the Texas Department of Insurance, 333 Guadalupe, Austin.) The State Board of Insurance, at a Board meeting held on November 12, 1992, adopted amendments to the Texas Statistical Plan for Residential Risks. These amendments incorporate changes made necessary because of the implementation of new and revised provisions contained in House Bill 2, enacted by the 72nd Legislature. The amendments consist of amendments of certain terminology to be consistent with the coverages provided; addition of new codes to capture statistical information for new premium charges and credits previously approved by the Board; addition of new codes to reflect premium and losses for new insurance coverages previously approved by the Board for homeowners, dwelling, farm and ranch, and farm and ranch owners insurance; the addition of farm and ranch insurance as a personal lines coverage in lieu of a commercial coverage; the addition of zip code information for future market information; and other editorial changes to ensure the proper gathering of statistical information. (Reference Number P-0992-60-I). The amendments to the Texas Statistical Plan for Residential Risks is adopted to be effective on and after 12:01 a.m, January 1, 1993. Copies of the full text of the Texas Statistical Plan for Residential Risks are available for review in the office of the Chief Clerk of the State Board of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. For further information or to request copies of the text, please contact Angie Arizpe at (512) 322-4147 (refer to Reference Number P-0992-60-I). This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. This agency hereby certifies that the 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 November 17, 1992. TRD-9215479 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: January 1, 1993 Proposal publication date: October 9, 1992 For further information, please call: (512) 463-6328