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 I. Office of the Governor 
  Chapter 4. Automobile Theft Prevention Authority 
  
  1 TAC sec.4.47 
 
  The Office of the Governor, Automobile Theft Prevention Authority Division, 
proposes new sec.4.47, concerning form and instructions for the preparation and 
filing of the assessment on insurers licensed to write motor vehicle insurance 
for the 1992 calendar year. The new section is necessary to provide insurers 
with a form and instructions. Timely and accurate payment of the assessment is 
necessary for funding the operations of the authority. The new section adopts by 
reference a form and instructions which facilitate compliance with statutory 
requirements for reporting and payment of the assessment. The annual assessment 
is required by statute to be paid on or before February 1, 1993. The authority 
has filed copies of these forms and instructions with the Secretary of State's 
Office, Texas Register Section. Persons desiring copies of the form and 
instructions can obtain copies from Tax Administration, Texas Department of 
Insurance, Tower 1, Room 860, 333 Guadalupe Street, Austin. 
 Gary N. Johnson, director of Tax Administration, Texas Department of Insurance, 
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, and there will be no effect on local 
employment or local economy. 
 Mr. Johnson also has determined that, for each year of the first five years the 
proposed section is in effect, the public benefit anticipated as a result of 
enforcing the section will be the adoption of the appropriate form and 
instructions to facilitate proper filing and payment by insurers required to 
report and pay the assessment to the Texas Department of Insurance. The cost of 
compliance for small businesses will be the administrative cost in completing 
the form and following the instructions. This cost will be at least partially 
offset because the form is statutorily required in any case. There is no 
expected difference in cost of compliance between small and large businesses on 
the basis of cost per hour of labor. The anticipated economic cost to persons 
who are required to comply with the proposed section will be the administrative 
cost in completing the form and following the instructions. This cost will be at 
least partially offset because assessment forms are statutorily required in some 
form in any case. 
 The cost will depend on each company's recordkeeping practices and type of 
operation. 
 Comments on proposal may be submitted to Gary N. Johnson, Director, Tax 
Administration, Mail Code 108-2A, Texas Department of Insurance, P.O. Box 
149104, Austin, Texas 78714-9104. 
 The new section is proposed under Texas Civil Statutes, Article 4413(37), 
sec.10. The Texas Civil Statutes, Article 6252-13a, sec.4 and sec.5, require and 
authorize 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.4.47. Preparation of 1992 Assessment Form.  Form and instructions for the 
preparation of the Motor Vehicle Assessment for the 1992 calendar year are 
adopted by reference. These instructions and form are published by the Texas 
Department of Insurance through interagency contract with the Automobile Theft 
Prevention Authority, and may be obtained from Tax Administration of the Texas 
Department of Insurance, Tower 1, Room 860, 333 Guadalupe Street, Austin. Each 
insurer shall follow such instructions and use and report on such forms as 
appropriate to its operation. 
 
  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 December 29, 1992. 
 TRD-9217087 
  David A. Talbot, Jr. 
 General Counsel 
 Office of the Governor 
    Proposed date of adoption: February 8, 1993 
 For further information, please call: (512) 463-1919 
         
               
  TITLE 10. COMMUNITY DEVELOPMENT 
 Part IV. Texas Department of Housing and Community Affairs 
  Chapter 53. Home Investment Partnership Program 
  
  10 TAC sec.sec.53.1-53.18 
 
  (Editor's Note: The Texas Department of Housing and Community Affairs 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 Department of Housing and Community Affairs proposes new sec.sec.53. 
1-53.18, concerning the Home Investment Partnership Program Rules. These 
sections are proposed for adoption in final form to provide procedures for the 
allocation by the Department of certain funds available under federal and state 
laws and regulations to, among others, qualified public entities, for-profit and 
non-profit originations and low- and very-low income families. 
 Scott McGuire, acting deputy for housing finance and development, 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. McGuire 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 be to permit the adoption of new rules for the allocation of 
home investment partnership funds within the State of Texas to enhance the 
State's ability to provide affordable housing. There will be no effect on small 
businesses. The Department is unable to determine whether the administration of 
these rules will have any fiscal implication on persons. 
 Comments on the proposal may be submitted to Anne O. Paddock, Acting General 
Counsel, P.O. Box 13941, Austin, Texas 78711-3941, within 30 days of the date of 
this publication. 
 The new sections are proposed under Texas Civil Statutes, Article 4413(501), 
sec.3.02 which provide the Department with the authority to make rules governing 
the administration of the housing finance division of the Department and its 
programs. 
 
  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 December 29, 1992. 
 TRD-9217091 
  Susan J. Leigh 
 Executive Director 
 Texas Department of Housing and Community Affairs 
    Earliest possible date of adoption: February 8, 1993 
 For further information, please call: (512) 475-3916 
         
             
  TITLE 28. INSURANCE 
 Part II. Texas Workers' Compensation Commission 
  Chapter 56. Structured Compromise Settlement Agreements 
  
  28 TAC sec.56.55 
 
  The Texas Workers' Compensation Commission proposes an amendment of sec.56. 
55, concerning requirements for an annuity company. This amendment is intended 
to lower the requirements for the company that writes annuities for workers' 
compensation claims to allow more companies to compete and to provide lower cost 
alternatives for insurance companies than currently exist. This proposed 
amendment takes advantage of the fact that the companies offering annuities are 
guaranteed by an association. The beneficiary of the annuity will be protected 
by: the financial strength of the insurance company writing the annuity; the 
original insurance company that purchased the annuity since that company remains 
liable for benefits; and the strength of the guaranty association. 
 Janet Chamness, chief of budget, has determined that for the first five-year 
period the section is in effect there will be fiscal implications for state and 
local government as a result of enforcing or administering the section. 
 There will be no added costs to state or local government as a result of this 
amendment. There will be potential savings as a result of purchasing lower cost 
annuities, however, since this only applies to claims subject to the law in 
effect prior to January 1, 1991, those savings will not be likely to grow or 
apply to larger numbers of claims than are currently being paid through 
annuities. 
 Other than potential cost savings, this amendment should have no effect on 
small or even on large businesses. 
 Ms. Chamness 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 
sections arethe public benefits anticipated as a result of enforcing the section 
will be availability of a broader range of options for purchasing annuities and 
lower costs. While this would normally result in trading off limited 
availability and the costs of annuities from top rated companies against a 
higher risk of inability to pay, the added layer of protection offered by the 
guaranty association eliminates this risk. 
 There is no anticipated economic cost to persons who are required to comply 
with the section as amended. 
 Comments on the proposal may be submitted to Ken Forbes, Policy and Rules 
Administrator, Texas Workers' Compensation Commission, Southfield Building, 4000 
South I-H 35, Austin, Texas 78704-7491. 
 The amendment is proposed under Texas Civil Statutes, Article 8307, sec.4(a), 
which provide the Texas Workers' Compensation Commission with the authority to 
adopt rules necessary to administer the workers' compensation laws and 
sec.17.12(b) of Senate Bill One, Second Called Session, 1989, which delegates 
authority to the executive director to administer the workers' compensation laws 
in effect prior to the effective date of the Workers' Compensation Act. 
 
 
  sec.56.55. Annuity Company. <ol> An annuity company providing an annuity under 
the terms of a structured settlement must be <nl>authorized <ol>[licensed] to 
<nl>write annuities<ol>[do business] in Texas and must [have a Best's rating of 
A+, with a financial size category of VII or above, according to the most recent 
information available (effective 1987)] <nl>be in good standing with the Texas 
Department of Insurance<ol>. 
 
  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 December 31, 1992. 
 TRD-9217144 
  Susan Cory 
 General Counsel 
 Texas Workers' Compensation Commission 
    Earliest possible date of adoption: February 8, 1993 
 For further information, please call: (512) 440-3592 
         
               
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part I. Texas Department of Public Safety 
  Chapter 1. Organization and Administration 
  
  Personnel and Employment Policies 
 
  37 TAC sec.sec.1.22, 1.23, 1.32, 1.34, 1.36 
 
  The Texas Department of Public Safety proposes amendments to sec.sec.1.22, 1. 
23, 1.32, 1.34, and 1.36, concerning personnel and employment policies. 
Amendments to these sections are proposed to comply with the provisions of the 
Americans with Disabilities Act. Language is added and deleted in sec.sec.1.22, 
1. 23, 1.32, and 1.34 to revise the screening and basic requirements for certain 
positions in order that medical and physical requirements are related to the 
performance of essential job functions. Section 1.36 is amended by changing the 
word "handicap" to "disability." 
 Melvin C. Peeples, assistant chief of fiscal affairs, 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. 
 Mary Ann Courter, commander, personnel bureau, 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 be to ensure the public 
that applicants for positions with the department will be screened on the basis 
of job-related requirements. 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 John C. West, Jr., Texas 
Department of Public Safety, Box 4087, Austin, Texas 78773-0001, (512) 465-2000. 
 The amendments are proposed under the Texas Government Code, sec.411.006(4) and 
sec.411.004(3), which provides the director with the authority to adopt rules 
necessary for the control of the department, subject to the Public Safety 
Commission's approval. 
 
 
  sec.1.22. Screening of Applicants on the Basis of Traffic and Criminal Record. 
When it is determined that an applicant fits into any of the following 
categories, the applicant will not be eligible to take the examination for 
entrance into the department, or if the applicant has completed the examination, 
the application will be rejected at once: 
 
  (1) -(2) (No change.) 
   
  [(3) the applicant's driver's license is suspended, cancelled, or revoked;] 
   
  [(4) a traffic record or other condition of such a nature that the department 
has started action or is about to start action to suspend, cancel, or revoke the 
applicant's license;] 
   
  <nl>(3)<ol>[(5)] a finding by a court of competent jurisdiction that the 
applicant was a delinquent child. If the applicant's record in the proceeding is 
ordered sealed, the incident should be disregarded and treated as though it did 
not exist; 
   
  <nl>(4)<ol>[(6)] the applicant's driver's license has been suspended by the 
department during the last five years as a habitual violator. 
 
     
  sec.1.23. Individual Evaluation of Applicant's. Suitability.  <ol> When an 
applicant's record shows any of the following, additional information will be 
secured from the applicant or other sources and an individual evaluation will be 
made of the applicant's suitability: 
 
  (1) -(4) (No change.) 
   
  <nl>(5) a traffic record or other condition of such a nature that the 
department has started action or is about to start action to suspend, cancel, or 
revoke the applicant's license; 
   
  <nl>(6)<ol>[(5)] applicants who do not have a valid Texas driver's license 
will be individually evaluated according to the requirements of the position 
being sought; 
   
  <nl>(7) <ol>[(6)] a pattern of a high number of entries of accidents or 
arrests, at least two per year, in the applicant's traffic record over any 
three-year period and extending up into the past two years, but who was not 
suspended during the three-year period; 
   
  <nl>(8)<ol>[(7)] an arrest or conviction for a Class A or B misdemeanor; 
   
  <nl>(9)<ol>[(8)] any military disciplinary action [which results in forfeiture 
of any pay, confinement, or reducing of rank]; 
   
  <nl>(10) <ol>[(9)] past use of any illegal substance(s). Such use may be cause 
for rejection. 
 
     
  sec.1.32. Basic Requirements for Employment as Trooper. 
 
  (a)  Application requirements. 
 
  (1)-(8) (No change.) 
   
  (9) All applicants for a position with the department must pass a [rigid] 
physical examination and the physical demands work sample tests prior to 
probationary appointment. [The physical examination will be made by a physician 
designated by the department.] The physical demands work sample tests will be 
conducted by the Department of Public Safety personnel. <nl>The physical 
examination will be made by a physician designated by the department after a 
conditional job offer has been made. 
   
  (10)-(11) (No change.) 
     
  (b) Medical-physical standards. Applicants must conform to the following 
medical-physical standards. 
 
  [(1) General appearance. The applicant must be free from any marked deformity, 
free from all parasitic or systemic skin diseases, and free from evidence of 
intemperance in the use of stimulants or drugs. The body must be well 
proportioned, of good muscular development, and show careful attention to 
personal cleanliness. Obesity, muscular weakness, or poor physique must reject. 
Applicant must be in sound physical condition.] 
   
  <nl>(1)<ol>[(2)]  Weight. Not less than two pounds per inch of height nor more 
than three pounds per inch of height for males and not less than 1 3/4 pounds 
per inch of height nor more than 2 1/2 pounds per inch of height for females and 
according to body build. 
   
  [(3) Handicaps or chronic conditions. Applicants with physical handicaps or 
chronic conditions and past medical histories tending to indicate early 
incapacitation will be disqualified.] 
   
  <nl>(2)<ol>[(4)] Vision. 
 
  (A) Visual acuity. Maximum uncorrected visual acuity of 20/200 and correctable 
or corrected as follows: 
 
  (i) 20/30 thru 20/40-correctable to 20/30 in each eye and binocularly; 
   
  (ii) in excess of 20/40 thru 20/100-must be corrected to 20/30 in each eye and 
binocularly by means of eye-glasses or contact lenses. 
   
  (iii) in excess of 20/100 thru 20/200-must be corrected to 20/30 in each eye 
and binocularly by contact lenses and a statement from an ophthalmologist that 
no ocular disease exists; 
     
  (B) Field of vision. Horizontal 60-85 degrees temporally from a central 
fixation point. 
   
  (C) Muscular imbalance. Zero vertical deviation. Horizontal-5 prism diopters 
exophoria at 20 feet, 10 prism diopters esophoria at 20 feet. 
   
  (D) Other visual factors. Applicants will be rejected for color deficiencies 
as determined by Department of Public Safety testing, chronic inflammation of 
the eye or adnexa, or permanent abnormalities of either eye (including 
cataracts, corneal opacities, paralysis of ocular muscles, etc.). Loss of either 
eye will reject. 
     
  <nl>(3)<ol>[(5)]  Ears. Normal hearing with <nl>or without a hearing aid 
for<ol> each ear is required. 
   
  [(6) Nose, throat, and mouth. Obstruction to free breathing, chronic asthma, 
or very offensive breath must reject. The mouth must be free from deformities or 
conditions that interfere with distinct speech, or that predispose to disease of 
the ear, nose, or throat. There shall be no disease or hypertrophy of tonsil or 
thyroid enlargement. Teeth must be clean, well cared for, and free from multiple 
cavities. The jaws must be free from badly broken or decayed teeth. Pyorrhea 
will reject.] 
   
  <nl>(4) <ol>[(7)] Heart. The action of the heart must be uniform, free, and 
steady, its rhythm regular, and the heart and vascular system free from organic 
changes. Organic heart disease will disqualify. 
   
  <nl>(5)<ol>[(8)]  Circulation. Blood pressure-systolic maximum, 139; 
diastolic, 89; pulse pressure, 45. A slight variation from figures may be 
permissible subject to the discretion of the examining physician. Hypertension 
that is controlled by medication to within the limits set forth herein is 
acceptable. The applicant must furnish a medical statement describing the 
medication and any warnings or cautions for proper safeguards against physical 
conditioning techniques with a statement furnished by a physician. It is also 
very important that the training academy and DPS physical training officer know 
when a trainee is taking medication. A marked tendency to the formation of 
varicose veins must reject. 
   
  <nl>(6)<ol>[(9)] Respiration. Must be full, easy, and regular; the respiratory 
murmur must be clear and distinct over both lungs, and no disease of the 
respiratory organs must be present. 
   
  <nl>(7) <ol>[(10)] Hernia. <nl>An<ol> actual [or potential] hernia in any form 
must reject. 
   
  <nl>(8)<ol>[(11)] Genito-Urinary. Applicants must be free from [deformities 
and must be free from] stricture or incontinence of urine. [Any acute and all 
venereal diseases of these organs must reject.] Kidneys or kidney must be 
healthy and the urine normal. [Medically accepted laboratory test for venereal 
disease will be made before permanent appointment. ] 
   
  [(12) Rectum. Fissures, fistulas, and external or internal hemorrhoids must 
reject.] 
   
  <nl>(9)<ol>[(13)] Limbs. Both arms and legs, hands, and feet must be present. 
Must be free from infections of the joints, sprains, stiffness, or other 
conditions [, such as ingrowing nails or hammertoes] which prevent the proper 
and easy performance of duty. Great toes must be present in their entirety on 
both feet. First (index), second (middle), and third (ring) fingers and thumb 
must be present in their entirety on both hands (may be waived by the director). 
   
  <nl>(10)<ol>[(14)] Brain and nervous system. <nl>An applicant who has a 
history of epilepsy, blackouts fainting spells, seizures, or convulsions must be 
seizure free for two years without taking medication.<ol> [Brain and nervous 
system must be free from defects. Epilepsy or any other condition that may cause 
loss of consciousness or muscular control must reject.] 
   
  <nl>(11)<ol>[(15)] Mental and personality. Applicants must be mentally alert 
and sound of mind and must be possessed of initiative, intelligence, good 
judgment, good address, and neatness of appearance. 
   
  <nl>(12)<ol>[(16)] Physical  <nl>agility<ol> [fitness] tests. Applicants for a 
position with the department must pass the physical <nl>agility <ol> [fitness] 
tests which are set out by the department. 
   
  <nl>(13)<ol>[(17)] Diabetes.  <nl>Applicants with insulin-dependent diabetes 
will be rejected. Applicants who have a history of diabetes, but whose diabetes 
is controlled by diet alone or diet and oral hypoglycemic agents, will be 
considered on a case-by-case basis. [Applicants with a past medical history of 
diabetes will be rejected.] 
   
  [(18) Syphilis. Applicants with a past medical history of syphilis will not be 
rejected until a syphilis screening test has been completed to determine if the 
applicant is infectious. When it is determined that an applicant is currently 
infectious, the applicant will be rejected.] 
   
  <nl>(14)<ol>[(19)] Questions. In all instances where a question may arise as 
to whether an applicant meets the medical-physical standards, the director or 
his designee shall make the final determination as to whether an applicant is 
physically qualified for acceptance as a trooper. 
 
       
  sec.1.34. Basic Requirement for Police Communication Operator I. 
 
  (a) Application procedure. 
 
  (1)-(5) (No change.) 
   
  (6) Applicants with prior military service must submit an 8-inch times 10-inch 
photostatic or certified copy of their military history form DD214 with the 
completed application. 
 
  (A)-(B) (No change.) 
   
  (C)<nl> After a conditional job offer has been made, applicants<ol> 
[Applicants] with medical discharges from military service must furnish a 
written explanation which is satisfactory to this department to receive 
consideration. 
     
  (7) (No change.) 
     
  (b) Medical-physical standards. 
 
  (1) (No change.) 
   
  (2)<nl> An applicant who has a history of epilepsy, blackouts, fainting sells, 
seizures, or convulsions must be free for two years without taking 
medication<ol> [Applicants with a past medical history of tuberculosis, 
rheumatic fever, epilepsy, or coronary condition will be rejected]. 
   
  [(3)  Applicants with a past medical history of syphilis will not be rejected 
until a syphilis screening test has been completed to determine if the applicant 
is infectious. When it is determined that an applicant is currently infectious, 
the applicant will be rejected.] 
   
  <nl>(3)<ol>[(4)]  Applicants who have a past medical history of diabetes will 
not be rejected until an individual evaluation is conducted. Applicants are 
required to submit a doctor's statement reflecting the stage and/or severity of 
the diabetes and the prescribed treatment. 
   
  <nl>(4)<ol>[(5)] Applicants with physical <nl>conditions<ol> [handicaps] such 
as loss of a limb or disfiguration may be employed, provided, in the judgment of 
the regional commander, the applicant can perform the required duties 
satisfactorily and is able to get to and from his place of work without 
department assistance. 
   
  <nl>(5)<ol>[(6)] Normal hearing with <nl>or without a hearing aid for<ol> each 
ear is required. 
   
  <nl>(6)<ol>[(7)] <nl>The nose, throat, and mouth must be free from deformities 
or conditions that interfere with distinct speech<ol> [The mouth must be free 
from deformities or conditions that interfere with distinct speech, or that 
predispose to disease of the ear, nose, or throat]. 
   
  [(8) Brain and nervous system must be free from defects.] 
   
  <nl>(7)<ol>[(9)] Applicants must be mentally alert and sound of mind and must 
possess initiative, intelligence, good judgment, good address, and neatness of 
appearance. 
   
  <nl>(8)<ol>[(10)] In all instances in which a question may arise as to whether 
an applicant meets the qualifications in this section, the director or his 
designee shall make the final determination. 
 
       
  sec.1.36. Equal Employment Opportunity Policy. 
 
  (a) It is the policy of the Texas Department of Public Safety to hire the best 
qualified people to perform the many tasks necessary in providing high quality 
service in the field of law enforcement administration and other areas of public 
safety. An integral part of this policy is to provide equal employment 
opportunity for all persons; to recruit and administer hiring, working 
conditions, benefits and privileges of employment, compensation, training, 
appointments for advancement including upgrading and promotion, transfers, and 
terminations of employment within the framework provided by statutes of the 
State of Texas and the United States without discrimination because of race, 
color, religion, national origin, sex, age, or <nl>disability <ol> [handicap]. 
   
  (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 December 16, 1992. 
 TRD-9217119 
  James R. Wilson 
 Director 
 Texas Department of Public Safety 
    Earliest possible date of adoption: February 8, 1993 
 For further information, please call: (512) 465-2000 
         
               Chapter 3. Traffic Law Enforcement 
  
  Traffic Supervision 
 
  37 TAC sec.3.62 
 
  The Texas Department of Public Safety proposes an amendment to sec.3.62, 
concerning regulations governing transportation safety. The amendment adds 
paragraph (d)(11) and renumbers current paragraphs (11) and (12) as (12) and 
(13). The department finds it unnecessary to adopt 49 Code of Federal 
Regulations, Part 390.23 (relief from regulations) for intrastate drivers except 
Part 390.23(a)(3) for tow trucks is adopted for intrastate carriers. 
 Melvin C. Peeples, assistant chief of fiscal affairs, 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. 
 George C. King, chief of traffic law enforcement, 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 that intrastate 
carriers will not be delayed in responding to local emergencies by the necessity 
of having a governmental agency declare an emergency. 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 John C. West, Jr., Texas 
Department of Public Safety, Box 4087, Austin, Texas 78773-0001, (512) 465-2000. 
 The amendment is proposed under Texas Civil Statutes, Article 6701d, sec.139, 
which provide the Texas Department of Public Safety with the authority to adopt 
such regulations as may be deemed necessary for the safe operation of motor 
carriers. 
 
 
  sec.3.62. Regulations Governing Transportation Safety. 
 
  (a)-(c) (No change.) 
   
  (d) Exceptions adopted by the Public Safety Commission not specified in Texas 
Civil Statutes, Article 6701d, sec.139, are as follows. 
 
  (1)-(10) (No change.) 
   
  <nl>(11) 49 Code of Federal Regulations, Part 390.23 (relief from regulations) 
will not be adopted for intrastate drivers. Part 390.23(a)(3) pertaining to tow 
trucks responding to a state or local police request to move wrecked or disabled 
vehicles is adopted for intrastate drivers. 
 
  <nl>(A) For intrastate carriers, Title 49 Code of Federal Regulations, sec.395 
shall not apply to any carrier subject thereto when transporting passengers or 
property to or from any section of the state with the object of providing relief 
in case of earthquake, flood, fire, famine, drought, epidemic, pestilence, or 
other calamitous visitation or disaster. 
   
  <nl>(B) Any carrier which utilizes this exemption in an emergency must 
document the type and duration of the emergency. The documentation must be kept 
on file for a minimum of six months. 
     
  <nl>(12)<ol>[(11)]  Regulations and exceptions adopted herein are applicable 
to intrastate drivers and vehicles. All regulations contained in 49 Code of 
Federal Regulations, Parts 390-393 and 395-397 and all amendments thereto 
pertaining to interstate drivers and vehicles are adopted. 
   
  <nl>(13)<ol>[(12)]  Nothing in this section shall be construed to prohibit an 
employer from requiring and enforcing more stringent requirements relating to 
safety of operation and employee safety and health. 
     
  (e) (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 December 16, 1992. 
 TRD-9217118 
  James R. Wilson 
 Director 
 Texas Department of Public Safety 
    Earliest possible date of adoption: February 8, 1993 
 For further information, please call: (512) 465-2000 
         
                   
  TITLE 40. SOCIAL SERVICES AND ASSISTANCE 
 Part I. Texas Department of Human Services 
  Chapter 29. Purchased Health Services 
  
  Subchapter K. Definitions 
 
  The Texas Department of Human Services (DHS) proposes amendments to 
sec.sec.29.1001, 29.2103, and 29.2501-29.2503, concerning general definitions 
for purchased health services, reimbursement of certified registered nurse 
anesthetists, benefits and limitations, conditions for participation, and 
reimbursement of advanced nurse practitioners, in its Purchased Health Services 
rules. The purpose of the amendments is to specify Medicaid coverage of services 
provided by all categories of advanced nurse practitioners as defined by the 
Board of Nurse Examiners for the State of Texas. The amendments to 
sec.sec.29.2501, 29.2502, and 29.2503 do not apply to certified nurse-midwives 
and certified registered nurse anesthetists. 
 The amendments also propose increasing the reimbursement rate for advanced 
nurse practitioners from 70% to 85% of the rate paid to physicians for the same 
services provided under Texas Medicaid reimbursement methodology. Certified 
registered nurse anesthetists and certified nurse-midwives will be reimbursed at 
85% of the rate paid to physicians. 
 Burton F. Raiford, commissioner, has determined that for the first five-year 
period the sections are in effect there will be fiscal implications as a result 
of enforcing or administering the sections. The effect on state government for 
the first five-year period the sections are in effect will be an estimated 
additional cost of $308,360 for fiscal year 1993; $575,161 for fiscal year 1994; 
$718,243 for fiscal year 1995; $873,024 for fiscal year 1996; and $1,061,161 for 
fiscal year 1997. There will be no fiscal implications for local government as a 
result of enforcing or administering the sections. 
 Mr. Raiford 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 be improved accessibility to primary medical care for Medicaid 
clients. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the proposed 
amendments. 
 Questions about the content of the proposal may be directed to Kay Sterling at 
(512) 338-6511 in DHS's Purchased Health Services Section. Comments on the 
proposal may be submitted to Nancy Murphy, Agency Liaison, Policy and Document 
Support-222, Texas Department of Human Services E-503, P.O. Box 149030, Austin, 
Texas 78714-9030, within 30 days of publication in the Texas Register. 
 DHS will conduct a public hearing to receive comments on the proposal. The 
public hearing will be held on February 1, 1993, at 9 a.m. in DHS's public 
hearing room of the John H. Winters Center (701 West 51st Street, Austin, First 
Floor, East Tower). 
   
  40 TAC sec.29.1001 
 
  The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs. 
 
 
  sec.29.1001. General Definitions for Purchased Health Services.  The following 
words and terms, when used in this chapter, shall have the following meanings, 
unless the context clearly indicates otherwise. 
   
  <nl>   Advanced nurse practitioner-A registered professional nurse, currently 
licensed, credentialed, and recognized as an advanced nurse practitioner, as 
defined by the Board of Nurse Examiners for the State of Texas in its "Rules and 
Regulations Relating to Professional Nurse Education, Licensure, and Practice." 
   
   [Certified family nurse practitioner-A currently licensed registered nurse 
who is recognized as a family nurse practitioner by the state licensing board 
for nurses.] 
   
   [Certified pediatric nurse practitioner-A currently licensed registered nurse 
who is recognized as a pediatric nurse practitioner by the state licensing board 
for nurses.] 
 
  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 December 30, 1992. 
 TRD-9217071 
  Nancy Murphy 
 Agency Liaison, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: March 1, 1993 
 For further information, please call: (512) 450-3765 
         
           
  Subchapter V. Certified Registered Nurse Anesthetists' Services 
 
  40 TAC sec.29.2103 
 
  The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 
and 32, which provides the department with the authority to administer public 
and medical assistance programs. 
 
 
  sec.29.2103. Reimbursement. 
 
  (a) Subject to the specifications, conditions, limitations, and requirements 
established by the department or its designee, payment for covered anesthesia 
services provided by a participating certified registered nurse anesthetist 
(CRNA) will be limited to the lesser of the actual charge or <nl>85%<ol> [70%] 
of the rate reimbursed to a physician anesthesiologist for the same service. 
   
  (b)-(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 December 30, 1992. 
 TRD-9217073 
  Nancy Murphy 
 Agency Liaison, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: March 1, 1993 
 For further information, please call: (512) 450-3765 
         
             
  Subchapter Z. Certified <nl>Advanced<ol> [Family Nurse Practitioner and 
Pediatric] Nurse Practitioner Services 
 
  40 TAC sec.sec.29.2501-29.2503 
 
  The amendments are proposed under the Human Resources Code, Title 2, Chapters 
22 and 32, which provides the department with the authority to administer public 
and medical assistance programs. 
 
 
  sec.29.2501. Benefits and Limitations. 
 
  (a) <nl>Subject<ol> [Effective July 1, 1990, and subject] to the 
specifications, conditions, requirements, and limitations established by the 
department or its designee, services performed by <nl>advanced nurse 
practitioners<ol> [certified family nurse practitioners (FNPs) and certified 
pediatric nurse practitioners (PNPs)] are covered if the services: 
 
  (1)-(3) (No change.) 
     
  (b) (No change.) 
   
  (c) <nl>Advanced nurse practitioners <ol> [FNPs and PNPs] who are employed or 
remunerated by a physician, hospital, facility, or other provider must not bill 
the Texas Medical Assistance Program directly for their services if that billing 
would result in duplicate payment for the same services. If the services are 
coverable and reimbursable by the program, payment may be made to the physician, 
hospital, or other provider (if the provider is approved for participation in 
the Texas Medical Assistance Program) who employs or reimburses advanced nurse 
practitioners. The basis and amount of Medicaid reimbursement depend on the 
services actually provided, who provided the services, and the reimbursement 
methodology determined by the Texas Medical Assistance Program as appropriate 
for the services and the providers involved. 
   
  <nl>(d) The policies and procedures in this subchapter do not apply to 
certified registered nurse anesthetists and certified nurse-midwives. Coverage 
of services provided by certified nurse-midwives and certified registered nurse 
anesthetists are described in Subchapters (Q) and (V) of this chapter (relating 
to Nurse-Midwife Services and Certified Registered Nurse Anesthetists' 
Services). 
 
     
  sec.29.2502. Conditions for Participation. To be a provider of Medicaid 
covered services, <nl>an advanced nurse practitioner<ol> [a certified family 
nurse practitioner (FNP) or certified pediatric nurse practitioner (PNP)] must: 
 
  (1) (No change.) 
   
  (2) be recognized by the licensing authority as an  <nl>advanced nurse 
practitioner<ol> [FNP or PNP]; 
   
  (3)-(7) (No change.) 
 
     
  sec.29.2503. Reimbursement.  Covered services provided by <nl>advanced<ol> 
[certified pediatric and family] nurse practitioners are reimbursed on the basis 
of the lesser of actual charge or maximum fee established by the <nl>Texas 
Department of Human Services<ol> [department] or its designee. The maximum fee 
is <nl>85% of the rate paid to a physician (M.D. or D.O.) for the same service 
<ol> [based on a calculation of 70% of the locality's prevailing profile for the 
service when provided by a physician in family practice]. <nl>Advanced nurse 
practitioners are reimbursed at the same reimbursement level as physicians for 
laboratory services, x-ray services, and injections. 
 
  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 December 30, 1992. 
 TRD-9217072 
  Nancy Murphy 
 Agency Liaison, Policy and Document Support 
 Texas Department of Human Services 
    Proposed date of adoption: March 1, 1993 
 For further information, please call: (512) 450-3765