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 REGULATIONS Part I. Railroad Commission of Texas Chapter 11. Surface Mining and Reclamation Division Subchapter D. Coal Mining 16 TAC sec.11.221 The Railroad Commission of Texas adopts an amendment to sec.11.221, concerning state program regulations, with changes to the proposed text as published in the October 6, 1992, issue of the Texas Register (17 TexReg 6846). The amendment of the section reflects revisions to the ownership and control provisions of permit processing requirements. The revisions will revise the text of sec.sec.778.116, 786.215, and 778.225 of the regulations to address the requirements for a federally-approved coal regulatory program. Texas Utilities Services, Inc. commented that a reference to sec.786.215(e) (1)(B) was misplaced. Although the adoption by reference does not change, the correction has been made in the actual text of the rule. Texas Utilities Services, Inc. acknowledged its support for the commission's proposed rules and noted the limitations imposed on the commission's discretion by Federal requirements. The Office of Surface Mining Reclamation and Enforcement (OSM) made comments regarding the effectiveness of the text of the rules which are revised as compared to Federal counterpart regulations. OSM correctly noted that Texas law precludes the adoption of some provisions it supports. however OSM has previously approved those statutory provisions as a part of the Texas Program. OSM also misunderstands the effect of some provisions which will be clarified in the program amendment documents. Some comments cannot be addressed in this current rulemaking, and will be considered later, because those comments are not within the scope of this rulemaking. The commission disagrees with OSM regarding automatic suspension of permits and automatic rescission of permits because of the procedural requirements expressed in the Administrative Procedure and Texas Register Act as well as the Texas Surface Coal Mining and Reclamation Act. The amendment is adopted under Texas Civil Statutes, Article 5920-11, sec.6, which provide the commission with the authority to promulgate rules pertaining to surface coal mining operations. sec.11.221. State Program Regulations. (a) The following rules contained in the document title "State Program Submissions to Office of Surface Mining Reclamation and Enforcement, Department of the Interior," as amended, prepared by the commission and submitted to the Office of Surface Mining, are adopted by reference: Rules 051. 07.04.001-.023, .069-.085, .100-.163, .170-.243, .300-.304, .306-.314, .317, . 325-.328, .330- .393, .395-.422, .500-.591, .600, .610-.613, .620-.622, .624, . 625, .650-.651, .660-.661, .670-.675, .680-.687, .690-.698, and .800-.817. (b) The State Program Regulations are renumbered by commission Rule Adoption Order Number SMRD 2-87 by replacing the generic prefix number "051.07. 04" with new specific three-digit prefix numbers to identify the Part in which each regulation is located: 700.001-.007, 701.008-.009, 705.010-.019, 707.020-. 022, 708.023, 760.069-.070, 761.071-.072, 762.073-.077, 764.078-.085, 770.100-. 102, 771.103-.108, 776.109-.115, 778.116-.123, 779.124-.138, 780.139-.154, 782. 155- .163, 783.170-.184, 784.185-.199, 785.200-.205, 786.206-.221, 787.222-.223, 788.224-.233, 795.234-.243, 800.300-.303, 805.304-.307, 806.308-.311, 807. 312- .313, 808.314-.317, 815.325-.328, 816.330-.393, 816.395-.422, 817.500-.591, 819.600, 822.610-.613, 823.620-.625, 827.650-.651, 828.660-.661, 840.670-.675, 843.680-.687, 845.690-.698, and 850.700-.710. (c) The commission has published the state program regulations, as amended January 11, 1993, in booklet form titled "Coal Mining Regulations." Copies may be obtained from the Surface Mining and Reclamation Division, PO Box 12967, Austin, Texas 78711-2967. 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 January 11, 1993. TRD-9317453 Nolan Ward Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: February 1, 1993 Proposal publication date: October 6, 1992 For further information, please call: (512) 463-6841 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 67. Instructional Resources Subchapter A. State Textbook Program Textbook Proclamation 19 TAC sec.67.31, sec.67.37 The Texas Education Agency adopts an amendment to sec.67.31, concerning proclamation, public notice, and schedule for adoption of textbooks, and new sec.67.37, concerning involvement of publishers in the proclamation development process, without changes to the proposed text as published in the October 23, 1992, issue of the Texas Register (17 TexReg 7507). The amendment and new section are necessary to help ensure that students throughout the state receive quality textbooks and systems. The amendment to sec.61.31 requires that each textbook proclamation contain an estimated number of units to be purchased during the first contract year and an estimated expenditure for each category in the proclamation. New sec.61. 37 provides publishers the opportunity to give input to the State Board of Education (SBOE) during the early stages of the development of textbook proclamations. No comments were received regarding adoption of the amendment and new section. The amendment and new section are adopted under the Texas Education Code, sec.12.16, which authorizes the SBOE to promulgate rules concerning the manner of selection for all books on the multiple list of textbooks. 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 January 13, 1993. TRD-9317580 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: February 3, 1993 Proposal publication date: October 23, 1992 For further information, please call: (512) 463-9701 Chapter 75. Curriculum Subchapter D. Essential Elements-Grades 9-12 Essential Elements for English Language Arts; Other Languages; Mathematics; Science; Health; Physical Education; Fine Arts; Social Studies; Texas and United States History; Economics with Emphasis on the Free Enterprise System and its Benefits; and Business Education 19 TAC sec.75.70 The Texas Education Agency adopts an amendment to sec.75.70, concerning essential elements, Grades 9-12, without changes to the proposed text as published in the September 22, 1992, issue of the Texas Register (17 TexReg 6529). The amendment is necessary so that students will have to enroll in more rigorous courses that will better prepare them to meet real-world expectations and student outcomes. The amendment establishes a date for phasing out the Business Mathematics course in business education for state graduation credit. Plano ISD requested that the option to offer Business Mathematics for TAAS remediation purposes to 11th grade students continues to be made available. The agency disagrees because Business Mathematics was not intended as a remediation course and the content is covered in other business education and math courses. A waiver option to continue the course is available to schools that are having success offering Business Mathematics. The amendment is adopted under the Texas Education Code, sec.21.101, which authorizes the State Board of Education to promulgate rules prescribing the subjects and essential elements that comprise a well-balanced curriculum. 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 January 13, 1993. TRD-9317579 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: February 3, 1993 Proposal publication date: September 22, 1992 For further information, please call: (512) 463-9701 Chapter 161. Advisory Groups 19 TAC sec.sec.161.1-161.5 The Texas Education Agency adopts the repeal of sec.sec.161.1-161.5, concerning advisory groups, without changes to the proposed text as published in the November 27, 1992, issue of the Texas Register (17 TexReg 8262). Chapter 161 is being repealed in accordance with the sunset review process mandated by Senate Bill 1, 71st Legislature. The sections in this chapter are being moved from the Texas Administrative Code to the State Board of Education Operating Rules to locate them more appropriately with other rules related to board operations. No comments were received regarding adoption of the repeals. The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. 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 January 13, 1993. TRD-9317578 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: February 3, 1993 Proposal publication date: November 27, 1992 For further information, please call: (512) 463-9701 Chapter 165. Relationships with the United States Government and Its Agencies State Board of Education Leadership 19 TAC sec.sec.165.1-165.3 The Texas Education Agency adopts the repeal of sec.sec.165.1-165.3, concerning State Board of Education (SBOE) leadership, without changes to the proposed text as published in the November 27, 1992, issue of the Texas Register (17 TexReg 8262). Chapter 165 is being repealed in accordance with the sunset review process mandated by Senate Bill 1, 71st Legislature. The repeals will result in a clearer, more concise statement of the rules relating to relationships with the federal government and agencies. No comments were received regarding adoption of the repeals. The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. 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 January 13, 1993. TRD-9317582 Criss Cloudt Directors of Policy Planning and Evaluation Texas Education Agency Effective date: February 3, 1993 Proposal publication date: November 27, 1992 For further information, please call: (512) 463-9701 Chapter 173. Rules and the Rulemaking Process Subchapter A. Rules of the Texas Education Agency 19 TAC sec.sec.173.1-173.7 The Texas Education Agency adopts the repeal of sec.sec.173.1-173.7 and 173. 21-173.27, concerning rules and the rulemaking process, without changes to the proposed text as published in the November 27, 1992, issue of the Texas Register (17 TexReg 8263). Chapter 173 is being repealed in accordance with the sunset review process mandated by Senate Bill 1, 71st Legislature. The sections in this chapter are being moved from the Texas Administrative Code to the State Board of Education Operating Rules to locate them more appropriately with other rules related to board operations. No comments were received regarding adoption of the repeals. The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. 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 January 13, 1993. TRD-9317583 Criss Cloudt Director of Policy Planning and Evaluation Texas Eduction Agency Effective date: February 3, 1993 Proposal publication date: November 27, 1992 For further information, please call: (512) 463-9701 Subchapter B. Public Comments Regarding Rules 19 TAC sec.sec.173.21-173.27 The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. 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 January 13, 1993. TRD-9317584 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: February 3, 1993 Proposal publication date: November 27, 1992 For further information, please call: (512) 463-9701 Chapter 175. Proprietary Schools and Veterans Education Subchapter E. Minimum Standards for Operation of Texas Proprietary Schools 19 TAC sec.sec.175.122, 175.127-175.129, 175.131 The Texas Education Agency adopts amendments to sec.sec.175.122, 175. 127- 175.129, and new sec.175.131, concerning minimum standards for operation of Texas proprietary schools. Section 175.127 is adopted with changes to the proposed text as published in the October 23, 1992, issue of the Texas Register (17 TexReg 7508). Sections 175.122, 175.128, and 175.129, and new sec.175.131 are adopted without changes and will not be republished. The amendments and new section are necessary to implement the Texas Proprietary School Act. The change in sec.175.127(b)(5)(I) adds the word "late" to distinguish that the interest penalty is due on late refunds. The change in sec.175.127(b)(11)(E) corrects an editorial mistake by adding that clause (iv) was not changed. The amendments and new section implement the tuition protection fund, update the instructor qualification rules, and expand graduate outcome information provided to prospective students. They also update financial stability and application fee requirements involving renewal fees impacted by legislative changes, increase renewal fees, and clarify the prerequisites for program admission in both certificate and degree programs in proprietary schools. No comments were received regarding adoption of the amendments and new section. The amendments and new section are adopted under the Texas Education Code, sec.32.22, which authorizes the SBOE to adopt policies, regulations, and rules necessary for carrying out the provisions of the Texas Proprietary School Act. sec.175.127. Minimum Standards for Operation of Proprietary Schools. (a) (No change.) (b) Schools desiring issuance and renewal of certificates of approval shall adhere to the following standards. (1) Personnel. (A) (No change.) (B) Instructors. (i) (No change.) (ii) Instructors shall have specific qualifications as set forth in any of the subclauses (I)-(V) of this clause. In such cases where the practical experience is gained on a seasonal basis as an industry standard, such as tax preparation, the season of at least three months of experience shall be considered as one year of experience. The director may approve a variance from these specific qualifications with sufficient justification and an assurance that the program quality will not be lessened. (I)-(IV) (No change.) (V) Court reporting speedbuilding instructors shall hold a high school diploma or GED and have completed all court reporting theory requirements in a licensed court reporting school. The instructor shall also provide evidence of a minimum of one year of experience in the court reporting field. Experience shall be defined as court reporting, note reading, teaching court reporting theory, and/or stenography. (iii) The instructor shall not be a current student in a same or similar program. (iv) The instructor shall be of good reputation and character. (v) Each instructor shall be evaluated annually. The report of the evaluation shall be available for review by representatives of the agency. (vi) As determined by the director, an appropriate number of the faculty shall have the relevant license or certificate required for the job objective. The holder of the license or certificate shall actively participate in curriculum development and/or curriculum revision. (vii) The school shall ensure continuity of instruction through the reasonable retention of the instructional staff. (viii) The school shall maintain and update annually a written plan for staff development which includes at a minimum: continuing education, staff meetings, and attendance at trade and professional meetings. Documentation of implementation shall also be maintained. (ix) The number of court reporting speedbuilding instructors who do not hold a court reporting certificate issued by a state, qualified under clause (ii)(V) of this subparagraph, related to instructor qualifications, shall not exceed 20% of the instructional staff. (x) The school shall publish as a part of its catalog a list of the instructors including qualifications and the field to be taught. (xi) Upon written notification to the director postmarked no later than the first day in the classroom, a person who has not been approved or disapproved as an instructor may serve as an instructor for no more than two weeks. This person shall have practical experience or education in the subject area to be taught. There shall be no more than one such person per grading period in an individual subject. It is the school's responsibility to ensure that students continue to receive a quality education. (2) Admission requirements. (A) The school shall submit for approval by the director its admission requirements for each program with justification for the requirements. (i) The school shall require for admission into its programs proof of the following, as appropriate: (I) high school graduation; (II) a recognized high school equivalency credential; or (III) ability to benefit by obtaining a satisfactory score on the approved entrance test. (ii)-(vii) (No change.) (B) (No change.) (C) Prior to enrollment the school shall furnish the following to each prospective student: (i)-(v) (No change.) (vi) if available, the average starting salary and yearly starting salary range for the prospective student's program objective, and data about the number of job openings in the program objective in a specified area within the last 12 months with the name of the source; (vii) regulations pertaining to incomplete grades; (viii) written and verbal explanations of the difference between a loan and a grant, if the school participates in a loan or grant program; (ix) requirements, if any, for any state or national licensing, certifications, or registrations; (x) passage rates for programs which prepare students for state licensing, certification, or registration exams; and (xi) for the applicants program, the completion, placement, and employment data required by paragraph (14)(G) of this subsection. (D) (No change.) (E) In addition, all schools shall use a form approved by the director to verify the student's receipt of the information required in subparagraphs (C) and (D) of this paragraph. At the discretion of the director, the form shall also include the following statements. (i) "I have furnished information disclosing my previous education, training, and work experiences. I understand this will be evaluated and may result in my program length being shortened and the cost being reduced." (ii) "I further realize that any grievances not resolved by the school may be forwarded to the Division of Proprietary Schools and Veterans Education, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475- 9475." (iii) "A comparison of the cost to me for a similar program at other schools is available by contacting the Division of Proprietary Schools and Veterans Education, Texas Education Agency, Austin." (F)-(G) (No change.) (3)-(4) (No change.) (5) Cancellation and refund policy. (A)-(F) (No change.) (G) For programs consisting of a combination of home study lessons and residence training, not more than $100 will be retained by the school for those students who fail to enter residence training, unless the school submits affirmative evidence acceptable to the administrator disclosing the home study lessons are of such quality and content to reasonably assure that the students will achieve the stated objective without the residence training portion of the program. (H) In reference to the Texas Education Code, sec.32.39(e) , a school is considered to have made a good faith effort to consummate a refund if the student's file contains evidence of the following attempts: (i) certified mail to the student's last known address; (ii) certified mail to the student's permanent address; and (iii) certified mail to the address of the student's parent, if different from the permanent address. (I) Interest on late refunds for grants shall be paid to the tuition protection fund if the amount is $15 or less. Any other interest assessed on a school's late payment of student refunds, as provided by the Texas Education Code, sec.32.39(e), shall be disbursed in the following priority order: (i) to the student's account at the lending institution for the balance of principal and interest on the student loan; (ii) to the student for tuition and fees paid directly by the student; and (iii) to the tuition protection fund of any remaining balance of assessed interest. (J) If it is determined that the method used by the school to calculate refunds is in error or the school does not routinely pay refunds within the time required by the Texas Education Code, sec.32.39(b)(7) and (12), the school shall submit a report of an audit which includes any interest due as set forth in the Texas Education Code, sec.32.39(e), conducted by an independent certified public accountant or public accountant registered with the State Board of Public Accountancy, of the refunds due former students. The audit opinion letter shall be accompanied by a schedule of student refunds due which shall disclose the following information for the previous four years from the date of request by the agency for each student: (i)-(iii) (No change.) (6)-(10) (No change.) (11) Financial stability. (A) New school. (i) (No change.) (ii) If the school will be owned by a sole proprietor, the balance sheet may be reviewed, rather than audited by the accountant. The notes to the personal balance sheet shall disclose the amount of payments for the next five years to meet debt agreements as required by generally accepted accounting principles for other types of financial statements. (iii) The balance sheet shall be accompanied by the owner's statement outlining any payments made since the balance sheet date and the expected expenses for the first three months of operation. These expenses may include, but are not limited to, the following: (I)-(V) (No change.) (iv) (No change.) (B) General requirements for financial statements. Each certificated school shall furnish annually two copies of acceptable financial statements in association with an independent public accountant or certified public accountant not later than 120 days from the close of the school's fiscal year. These statements shall be consistent with generally accepted accounting principles except compilations and shall include the following: (i) (No change.) (ii) statement of results of operation (statement of income and retained earnings). This statement shall include the gross amount of tuition and fees earned net of refunds during the fiscal year for all programs approved under the Texas Education Code, Chapter 32, for each school; (iii) (No change.) (iv) the gross amount minus refunds of annual student tuition and fees for each school. (C) Specific types of statements required. Certificated schools shall meet the following requirements. (i) Schools shall submit audited financial statements which have been certified by an independent public accountant or certified public accountant at the end of their first year of operation. Schools whose certificate of approval bond amount is in excess of the highest amount of unearned tuition (as defined in sec.175.122 of this title (relating to Definitions)) experienced in the most recent fiscal year or expected to be experienced in the next fiscal year, whichever is higher, may submit either compiled financial statements or all of the requirements outlined in clause (iii) of this subparagraph in lieu of audited financial statements. (ii) (No change.) (iii) Schools whose certificate of approval bond amount is in excess of the highest amount of unearned tuition (as defined in sec.175. 122 of this title) experienced in the most recent fiscal year or expected to be experienced in the next fiscal year, whichever is higher, may submit all of the following in lieu of the annual statements required in subparagraph (B)(i) -(iv) of this paragraph: (I) a statement of the maximum amount of unearned tuition at any time during the most recent fiscal year and projected maximum unearned tuition at any time during the next fiscal year, and the gross amount minus refunds of Texas student tuition and fees earned during the fiscal year on all programs approved under Texas Education Code, Chapter 32; (II) a copy of the annual income tax form filed specifically for the business; and (III) an owner's affidavit on a form provided by the director certifying that the statement concerning unearned tuition and the copy of the annual income tax form are true and correct. (iv) If the director determines that there exists a reasonable cause to question the validity of the compiled or reviewed financial statements submitted, information relating to tuition income, unearned tuition, annual income tax form, or the adequacy of the financial structure, the administrator may require an audit of a school at the school's expense that has been certified by an independent certified public accountant or public accountant. The owner shall furnish any other evidence deemed appropriate by the administrator to establish financial stability. (v) Schools which are subsidiaries of another corporation may submit, in lieu of the statements required in subparagraph (B)(i)-(iv) of this paragraph, the annual audited financial statements of the parent corporation provided that: (I) said statements shall be accompanied by an audited list of any Texas student tuition refunds payable by the subsidiary school at the close of its fiscal year. In addition, the statements shall also be accompanied by an owner's statement reflecting the gross amount minus refunds of Texas student tuition and fees earned during the fiscal year on all programs approved under the Texas Education Code, Chapter 32. If the director determines there exists a reasonable cause to question the validity of this information, the amount reported as tuition and fees shall be audited by an independent certified public accountant or public accountant; and (II) (No change.) (D) Interim financial statements. If a school chooses to submit interim financial statements in addition to the annual statements to establish financial stability, those interim statements shall meet the minimum requirements in subparagraphs (B) and (C) of this paragraph. (E) Financial stability required. The school shall have sufficient finances to establish and carry out a satisfactory program of education on a continuing basis. (i) The balance sheet required in subparagraph (A) of this paragraph shall reflect sufficient cash to pay all expenses for the first three months of operation. To determine sufficient cash, see subparagraph (A) (iii) of this paragraph. (ii) The applicant's balance sheet required in subparagraphs (A)-(D) of this paragraph shall reflect all of the following: (I)-(II) (No change.) (III) a current ratio of at least one-to-one. To determine this ratio, staff will deduct any unearned tuition from both the asset and liability sections, and deduct from the asset section and the equity section of the balance sheet, any subscription receivables, and/or related party receivables in connection with loans to stockholders if the loan has been included in current assets for more than one year. (iii)-(iv) (No change.) (F) Federal audits. Schools which participate in federal financial aid programs shall submit a copy of each audit in accordance with reporting requirements of "Government Auditing Standards," the most current edition, issued by the comptroller general of the United States at the same time the audit report is submitted to the Department of Education. (G) Change in ownership. Prior to a change in ownership of a proprietary school, the purchaser shall furnish the director an acceptable balance sheet which meets the requirements outlined in subparagraph (A) of this paragraph with the exception of subparagraph (A)(iii) of this paragraph. The purchaser shall furnish any other evidence deemed appropriate by the administrator to establish financial stability. (H) Other requirements. All financial statements shall identify the name of the independent public accountant or certified public accountant associated with the statements and be in accordance with generally accepted accounting principles. Compilations shall be accompanied by the owner's affidavit that the statements are true and correct. Accountants from states other than Texas shall give their state license number. (12)-(15) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on January 13, 1993. TRD-9317581 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: February 3, 1993 Proposal publication date: October 23, 1992 For further information, please call: (512) 463-9701 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 61. Community Services Volunteer Services The Texas Department of Human Services (DHS) adopts the repeal of sec.sec.61.9001-61.9004 and 61.9013-61.9018, new sec. sec.61.9001-61.9003 and 61. 9013, and amendments to sec.sec.61.9005-61.9008 and sec.sec.61.9010-61.9012 without changes to the proposed text as published in the December 8, 1992, issue of the Texas Register (17 TexReg 8515). New sec.61.9004 is adopted with a change to the proposed text. Justification for the repeals, new sections, and amendments will be a volunteer program with clear rights, benefits, and responsibilities. The repeals, new sections, and amendments will function by reflecting organizational changes in DHS and the addition of risk management practices to protect volunteers and DHS. The department received no comments regarding the adoption of the repeals, amendments, and new sections. The department made an addition to sec.61.9004(a) to clarify that limitations exist for volunteer insurance coverage. 40 TAC sec.sec.61.9001-61.9004, 61.9013-61.9018 The repeals are adopted under the Human Resources Code, Title 2, Chapter 22 which authorizes the department to administer public assistance 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 January 11, 1993. TRD-9317454 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: February 1, 1993 Proposal publication date: December 8, 1992 For further information, please call: (512) 450-3765 40 TAC sec.sec.61.9001-61.9004, 61.9013 The new sections are adopted under the Human Resources Code, Title 2, Chapter 22 which authorizes the department to administer public assistance programs. sec.61.9004. Volunteer Insurance. (a) All volunteers directly supervised by Texas Department of Human Services (DHS) staff or by DHS-designated volunteers are covered for excess accident and personal liability insurance. This is a secondary insurance and covers the volunteer in the performance of volunteer services with some limitations, as specified in the Volunteers Insurance Service Association, Inc., Insurance Plan. (b) If funds are available, volunteers, especially those who transport clients, may be covered for excess automobile insurance. The insurance is secondary and will only apply if the volunteer has met state insurance requirements. 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 January 11, 1993. TRD-9317455 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: February 1, 1993 Proposal publication date: December 8, 1992 For further information, please call: (512) 450-3765 40 TAC sec.sec.61.9005-61.9008, 61.9010-61.9012 The amendments are adopted under the Human Resources Code, Title 2, Chapter 22 which authorizes the department to administer public assistance 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 January 11, 1993. TRD-9317456 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Effective date: February 1, 1993 Proposal publication date: December 8, 1992 For further information, please call: (512) 450-3765