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 1. ADMINISTRATION Part II. Texas Ethics Commission Chapter 10. Practice and Procedure Subchapter D. Miscellaneous 1 TAC sec.10.313 The Texas Ethics Commission adopts new sec.10.313, concerning practice and procedure, without changes to the proposed text as published in the November 17, 1992, issue of the Texas Register (17 TexReg 8085). The section regards the commission's new requirement requiring the filing of duplicate reports with the commission when a report is required to be filed with the commission. This section will ease the burden of filing reports with the commission by allowing a more expedited procedure to be implemented thereby providing a faster method of data entry by the commission. No public comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 6252-9d.1, which provide the Texas Ethics Commission with the authority to promulgate and adopt rules concerning those provisions of the law administered 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 February 21, 1993. TRD-9319436 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: March 16, 1993 Proposal publication date: November 17, 1992 For further information, please call: (512) 463-5800 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter P. Commercial Zones 16 TAC sec.5.294 The Railroad Commission of Texas adopts an amendment to sec.5.294, with changes to the proposed text as published in the September 1, 1992, issue of the Texas Register (17 TexReg 5994). The amendment expands the definition of the existing Houston commercial zone, to include Harris, Galveston, Fort Bend, Waller, and Montgomery Counties in their entirety, and portions of Liberty, Chambers, and Brazoria Counties. It is in the public interest that the boundaries of the Houston commercial zone be more clearly defined, in order to reduce the amount of time and expense that is currently spent by the shipping public, carriers, and the Commission's enforcement staff in determining whether the rule's exemptions are applicable to traffic conducted within the proposed expansion area. Additionally, it is in the public interest to expand the boundaries of the Houston commercial zone because of the considerable amount of growth and development that have taken place in Houston and its surrounding communities since 1978, the last time the limits of the Houston commercial zone were prescribed by the Commission. Five of the eight proposed counties, namely, Harris, Galveston. Fort Bend, Waller, and Montgomery Counties, are included in the amended section in their entirety. The use of those county lines to define the boundaries of the Houston commercial zone in this instance is justified by the sheer expansiveness of the Houston metropolitan area and the significant amount of commercial activity conducted therein. However, regarding the other three proposed counties, namely, Chambers, Liberty, and Brazoria Counties, only portions of these three counties are included in the amended section, for several reasons. First, the excluded portions of the three counties have substantially less growth in population, commercial and residential development, and commercial activity than is found in the territory that is included in the amended section. Second, the Brazosport area, which is located in the southernmost part of Brazoria County, is excluded because this area, comprised of Freeport, Lake Jackson, Brazoria, Clute, Angleton, and other nearby cities, is in itself an autonomous community that is neither adjacent to nor commercially a part of Houston. The proposed text is also changed to eliminate proposed subparagraphs (B) and (C), which refer to incorporated and unincorporated areas that are contiguous to the proposed eight-county expansion area. To include this territory would not only be inconsistent with the goal of clarifying the boundaries of the Houston commercial zone as it is currently defined, but it would also be in direct contravention to the statutory requirement that the expansion area be adjacent to and commercially part of the incorporated municipality of Houston. The amendment will facilitate the expedited movement of goods within the expanded territory, and it will divert substantial traffic from private carriers, but will have little or no effect on existing common carriers. Eighty-five public comments were received during the 60-day comment period, and 67 witnesses appeared and testified at a hearing regarding the proposed expansion. Most of the comments received during the public comment period, and all persons who testified at the hearing, were in favor of the proposed amendment. Those who supported the proposed amendment generally stated that the use of county lines to delineate the boundaries of the Houston commercial zone would provide a much clearer definition of the zone for compliance purposes, and that expansion of the Houston commercial zone is necessary due to an increasing need for for-hire, expedited trucking, and courier services throughout the proposed eight-county expansion area. Several existing common carriers and one trade association filed comments that were opposed to the amendment as proposed by the Petitioner. These groups stated that the inclusion of the eight proposed counties in a new definition of the Houston commercial zone would be too expansive to be consistent with the statutory requirement that the proposed expansion area be adjacent to and commercially a part of the incorporated municipality of Houston. In addition, those who filed comments in opposition to the proposed amendment indicated that the deregulation of such a broad area would have a detrimental impact on the operations of existing common carriers that currently serve the community, particularly with respect to the Brazosport area, in southern Brazoria County. Nevertheless, even those who were opposed to amending the section as proposed submitted alternatives to the proposed amendment. The alternative proposals provided for a significantly smaller proposed expansion area than that of the Petitioner, but which included all of Harris County and a portion of each of the other seven involved counties. The following groups and associations commented in favor of the proposed amendment: Baytown/West Chambers County Economic Development Foundation; Crosby- Huffman Chamber of Commerce; Greater Fort Bend Economic Development Council; Rosenberg/Richmond Area Chamber of Commerce; Houston Area Urban League, Inc.; Independent Insurance Agents of Houston; The Woodlands Chamber of Commerce; Greater Conroe Chamber of Commerce; Greater Houston Hospital Council; The Association of Texas Warehousemen; Liberty-Dayton Area Chamber of Commerce; Houston Delivery and Courier Association. The following association commented against the proposed amendment: Texas Motor Transportation Association, Inc. While the Commission generally agrees that the Houston commercial zone's boundaries should be more clearly defined and expanded, the Commission disagrees that the zone should be as expansive as the entire proposed eight-county area and incorporated and unincorporated areas adjacent thereto. The inclusion of incorporated and unincorporated areas that are adjacent to the proposed eight- county area is inconsistent with the goal of clarifying the boundaries of the Houston commercial zone. In addition, the proposed expansion area is overly broad and is not consistent with the statutory requirement that the proposed expansion area be adjacent to and commercially a part of the incorporated municipality of Houston. By eliminating southern Brazoria County, and the more remote areas of Chambers and Liberty Counties, the commission strikes a better balance between the various statutory factors applicable to this proceeding. The amendment is adopted pursuant to Texas Civil Statutes, Article 911b, sec.1(g)(4), which authorizes the commission to define and prescribe commercial zones adjacent to and commercially a part of any specified incorporated municipality. sec.5.294. Existing Commercial Zones. Commercial zones defined and prescribed by the commission after notice and hearing are as follows. (1)-(2) (No change.) (3) The Houston commercial zone shall include: (A) Harris, Galveston, Fort Bend, Waller, and Montgomery Counties; (B) all points and incorporated areas in Liberty and Chambers Counties within and on the following described boundaries: from Smith Point north along FM 562 to its intersection with State Highway 65 and State Highway 61; thence west along State Highway 61 to Anahuac; thence north along FM 563 to its intersection with U.S. Highway 90 near Liberty; thence west along U.S. Highway 90 to its intersection with State Highway 321 at Dayton; thence north along State Highway 321 to its intersection with U.S. Highway 59 at or near Cleveland; thence west along State Highway 105 to its intersection with the Liberty-Montgomery County line; thence south along the Liberty-Montgomery County line and the Harris- Chambers County line to its intersection with the Galveston-Harris County line near Seabrook; thence east along the Galveston-Chambers County line to Smith Point; and (C) all points and incorporated areas in Brazoria County within and on the following described boundaries: from Rosharon along FM 1462 east to its intersection with State Highway 35; thence north on State Highway 35 to its intersection with State Highway 6 at or near Alvin; thence east along State Highway 6 to the Brazoria-Galveston county line; thence north along the Brazoria-Galveston County line to its intersection with the Brazoria-Harris County line; thence west along the Brazoria-Harris County line to its intersection with the Brazoria-Fort Bend County line; thence south along the Brazoria-Fort Bend County line to its intersection with FM 1462; thence east along FM 1462 to Rosharon. (4)-(6) (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 February 22, 1993. TRD-9319401 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: March 16, 1993 Proposal publication date: September 1, 1992 For further information, please call: (512) 463-7090 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 5. Program Development Subchapter H. Approval of Off-Campus and Out-of-District Instruction for Public Colleges and Universities 19 TAC sec.5.154 The Texas Higher Education Coordinating Board adopts an amendment to sec.5. 154, concerning Criteria Procedures for Considering Lower-Division Courses Proposed Off-Campus by Senior Institutions and Out-of-District by Community and Technical Colleges, with changes to the proposed text as published in the December 25, 1992, issue of the Texas Register (17 TexReg 9078). Subsection (c)(5)(6)(8) is being adopted with changes. The amendment provides a more efficient and proper provision of services by the state to its citizens. The amendment will assist us to conform to the 10 uniform service regions and to identify the institutions of higher education which will be members of the new regions. Use of the uniform service regions for higher education benefit the public in planning and reporting to support the tri-agency work force development initiatives. Comments were received from two colleges. One expressed no objection. The other wanted to know the effect of the change in regions to the Kaufmann Center, one of his out-of-district sites which is also part of his taxing district. Navarro College commented in favor of the adoption. Trinity Valley Community College commented against the adoption. The rule contains added language to respond to Trinity Valley's concern. The amendment is adopted under Article V, Page V-79, Rider 120, House Bill 1, 72nd Legislature (First Called Session), which provides the Coordinating Board with the authority to adopt rules regarding Criteria and Procedures for Considering Lower-Division Courses Proposed Off-Campus by Senior Institutions and Out-of-District by Community and Technical Colleges. sec.5.154. Criteria and Procedures for Considering Lower-Division Courses Proposed Off-Campus by Senior Institutions and Out-of-District by Community and Technical Colleges. (a)-(b) (No change.) (c) Regional higher education council membership. The Coordinating Board recognizes regional higher education councils in 10 uniform service regions of the state. The council membership consists of the president, or his/her representative, of each institution listed for each region. Membership of a region also allows the president or his/her designee to serve as voting members in more than one region if the area is in a region which is part of the college's taxing district. If an institution desires to participate in an adjoining regional council(s) in addition to the one in which it is designated a member by the Coordinating Board, the institution is encouraged to do so. Further, regionally accredited independent colleges and universities will be invited to participate in the councils in the interest of regional cooperation and planning. Upper-level institutions which are members of the councils shall not vote on matters pertaining to the approval or disapproval of lower division credit course offerings or the selection of the appropriate institution to offer such courses. The council member institutions are as follows: (1) High Plains-Region 1. Amarillo College, Clarendon College, Frank Phillips College, South Plains College, Texas State Technical College-Amarillo, Texas Tech University, and West Texas State University; (2) Northwest Texas-Region 2. Cisco Junior College, Midwestern State University, Ranger Junior College, Texas State Technical College-Sweetwater, Vernon Regional Junior College, and Western Texas College; (3) Metroplex-Region 3. Collin County Community College, Cooke County College, Dallas County Community College District, East Texas State University, Grayson County College, Navarro College, Tarleton State University, Tarrant County Junior College District, Texas Woman's University, University of North Texas, University of Texas at Arlington, University of Texas at Dallas, and Weatherford College; (4) Upper East Texas-Region 4. East Texas State University-Texarkana, Kilgore College, Northeast Texas Community College, Panola Junior College, Paris Junior College, Texarkana College, Trinity Valley Community College, Tyler Junior College, and University of Texas at Tyler; (5) Southeast Texas-Region 5. Angelina College, Lamar University Institute of Technology-Beaumont, Lamar University-Port Arthur, Lamar University-Orange, and Stephen F. Austin State University; (6) Gulf Coast-Region 6. Alvin Community College, Brazosport College, College of the Mainland, Galveston College, Houston Community College System, Lee College, North Harris Montgomery Community College District, Prairie View A&M University, Sam Houston State University, San Jacinto College District, Texas Southern University, University of Houston, University of Houston at Clear Lake City, University of Houston-Downtown, University of Houston-Victoria, and Wharton County Junior College; (7) Central Texas-Region 7. Austin Community College, Blinn College, Central Texas College, Hill College, McLennan Community College, Southwest Texas State University, Temple Junior College, Texas A&M University, Texas State Technical College-Waco, and the University of Texas at Austin; (8) South Texas-Region 8. Alamo Community College District, Bee County College, Corpus Christi State University, Del Mar College, Laredo Junior College, Laredo State University, Southwest Texas Junior College, Texas A&I University, Texas Southmost College, Texas State Technical College-Harlingen, University of Texas at San Antonio, University of Texas-Pan American- Brownsville, University of Texas-Pan American-Edinburg, and the Victoria College; (9) West Texas-Region 9. Angelo State University, Howard County Junior College District, Midland College, Odessa College, and University of Texas of the Permian Basin; (10) Upper Rio Grande-Region 10. El Paso Community College District, Sul Ross State University, and University of Texas at El Paso. (d)-(h) (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 February 23, 1993. TRD-9319419 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: March 16, 1993 Proposal publication date: December 25, 1992 For further information, please call: (512) 483-6160 Chapter 9. Public Junior College Subchapter D. Basic Standards 19 TAC sec.9.62 The Texas Higher Education Coordinating Board adopts an amendment to sec.9. 62, concerning Organization and Purpose, with changes to the proposed text as published in the December 25, 1992, issue of the Texas Register (17 TexReg 9080). The amendment adds clarification in the Community Colleges statutory mission of the significant contribution they already make in work force development, adult literacy, and other basic skills education. The proposed changes in the rule follow the current statutory language for community colleges purpose, but adds responsibilities for workforce development and for adult literacy. One comments was received opposing initial language which implied a statewide rather than local response by the colleges for requested services by businesses. Texas State Technical College-Sweetwater commented against the adoption of the amendment. The Coordinating Board disagrees with the commenter because changes were made to the rule and the final version did not include the statewide focus. The amendment is adopted under the Texas Education Code, sec.130.3, which provides the Coordinating Board with the authority to adopt rules regarding Basic Standards (Organization and Purpose). sec.9.62. Organization and Purpose. A public junior college is an institution of higher learning, controlled by a local board of trustees or regents, and operated under statutory provisions. A public junior college may confer associate degrees, but does not grant the baccalaureate degree. (1) The purpose of each public community college shall be to provide: (A) technical programs up to two years in length leading to associate degrees or certificates; (B) vocational programs leading directly to employment in semi-skilled and skilled occupations; (C) freshman and sophomore courses in arts and sciences; (D) continuing adult education programs for occupational or cultural upgrading; (E) compensatory education programs designed to fulfill the commitment of an admissions policy allowing the enrollment of disadvantaged students; (F) a continuing program of counseling and guidance designed to assist students in achieving their individual educational goals; (G) workforce development programs; and (H) literacy and other basic skills (ABE, ESL, GED) programs to prepare adults to live more functionally. 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 February 23, 1993. TRD-9319420 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: March 16, 1993 Proposal publication date: December 25, 1992 For further information, please call: (512) 483-6160 19 TAC sec.sec.21.53, 21.55-21.57, 21.59, 21.61-21.65 The Texas Higher Education Coordinating Board adopts amendments to sec.sec.21. 53, 21.55-21.57, 21.59, 21.61-21.65, concerning the Hinson-Hazlewood College Student Loan Program, without changes to the proposed text as published in the December 25, 1992, issue of the Texas Register (17 TexReg 9084). The rules for the Hinson-Hazlewood program will be in compliance with changes in federal law. Eligible students will receive below-market-interest-rate loans. The changes must be made if the Hinson-Hazlewood College Student Loan Program is to continue to quality for federal loan guarantees. The amendments are necessary in order to comply with changes in the federal guaranteed student loan as mandated by the Higher Education Amendments of 1992. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Education Code, sec.52.54, which provides the Coordinating Board with the authority to adopt rules regarding the Hinson-Hazlewood College Student Loan Program. 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 February 23, 1993. TRD-9319421 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: March 16, 1993 Proposal publication date: December 25, 1992 For further information, please call: (512) 483-6160 Subchapter CC. Tuition Credit Program 19 TAC sec.sec.21.954, 21.956, 21.957 The Texas Higher Education Coordinating Board adopts amendments to sec.sec.21. 954, 21.956, and 21.957, concerning the Tuition Credit Program, without changes to the proposed text as published in the December 25, 1992, issue of the Texas Register (17 TexReg 6254). Students will be encouraged to complete high school in three years and to enter college immediately. Procedures will be simplified for students enrolling at eligible private institutions. The amendments are to emphasize that the student should be fully ready for college; also, to simplify the procedures for students enrolling at eligible private institutions. No comments were received regarding adoption of the amendments. The amendments are adopted under Article III, Page III-9, Rider 23, House Bill 1, 72nd Legislature (First Called Session), which provides the Coordinating Board with the authority to adopt rules regarding the Tuition Credit Program. 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 February 23, 1993. TRD-9319422 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: March 16, 1993 Proposal publication date: December 25, 1992 For further information, please call: (512) 483-6160 TITLE 25. Health Services Part I. Texas Department of Health Chapter 128. Licensure and Regulation of Marriage and Family Therapists Subchapter A. Introduction The Texas Department of Health of the Texas State Board of Examiners of Marriage and Family Therapists, adopts amendments to existing sections sec.sec.128.2, 128.20, 128.143, 128.234, and 128.237, regarding the licensing and regulation of marriage and family therapists, without changes ot the proposed text as published in the December 4, 1992, issue of the Texas Register (17 TexReg 8399). The sections cover definitions; processing applications; supervisor requirements; license renewal; and surrender of a license. The amendments delete unnecessary language; clarify language concerning regionally accredited universities or colleges; clarify supervisor requirements acceptable to the board; declare applicant and licensee responsibility for address/information changes; and include editorial corrections. The licensing of marriage and family therapists provided for in this Act will safeguard public health, safety, and welfare by providing a means by which the public can identify licensed marriage and family therapists that meet minimum standards of competence. The regulation of licensed marriage and family therapists will create a means to better serve the public. There were no comments received from the public during the comment period concerning the proposed amendments. 25 TAC sec.128.2 The amendment is adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. 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 February 22, 1992. TRD-9319449 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: March 16, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 834-6657 Subchapter B. The Board 25 TAC sec.128.20 The amendment is adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. 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 February 23, 1993. TRD-9319448 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: March 16, 1992 Proposal publication date: December 4, 1992 For further information, please call: (512) 834-6657 Subchapter G. Experience Requirements for Examination and Licensure 25 TAC sec.128.143 The amendment is adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. 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 February 23, 1993. TRD-9319447 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: March 16, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 834-6657 Subchapter J. License Renewal and Inactive Status 25 TAC sec.128.234, sec.128.237 The amendments are adopted under the Licensed Marriage and Family Therapist Act, Texas Civil Statutes, Article 4512c-1, sec.13(c), which provides the Texas Board of Health, with the advice of the Texas State Board of Marriage and Family Therapists, with the authority to adopt rules to license and regulate marriage and family therapists; and the Health and Safety Code sec.12.001, which provides the Texas Board of Health with the authority to adopt rules for the performance of every duty imposed by law on the Texas Board of Health, the Texas Department of Health, and the commissioner of health. 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 February 23, 1993. TRD-9319445 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: March 16, 1993 Proposal publication date: December 4, 1992 For further information, please call: (512) 834-6657 Part VIII. Interagency Council on Early Childhood Intervention Program Chapter 621. Early Childhood Intervention Program Early Childhood Intervention Service Delivery The Interagency Council on Early Childhood Intervention (council) adopts amendments to sec.sec.621.22-621.24, 621.46, 621.62, and 621.63 concerning the early childhood intervention (ECI) program. Sections 621.22, 621.23, 621.24, are adopted with changes to the proposed text published in the September 22, 1992 issue of the Texas Register (17 TexReg 6539). Sections 621.46, 621.62, and 621.63 are adopted without changes and will not be republished. The amendments correct citations, clarify language, improve consistency, and modify language to reflect the public comments and recent changes in the federal regulations under the Individuals With Disabilities Education Act, (IDEA) Part H. The following comments were received concerning the proposed sections. COMMENT: Concerning sec.621.22, a commentor noted that the definition of "Public Agency" was not consistent with the federal definition and recommended that the definitions be identical. RESPONSE: The council concurs and has amended the definition to read "... that is responsible for providing services to eligible children under the Individuals with Disabilities Education Act, Part H." COMMENT: Concerning sec.621.23(1)(c) two commentors addressed the language change, stating that this rule change was confusing and asked if the change means at-risk children are not eligible? RESPONSE: Council agrees that the current language is confusing and has deleted subparagraph (C)(i) and (ii) in its entirety. The subsequent subparagraphs have been renumbered accordingly. COMMENT: Concerning sec.621.23 (5)(E), a commentor suggested that rule change be changed to correspond to the definition section to read: "(E) Service options. In a service area, options for instruction or treatment must be available based upon consideration of the medical, social, educational, and developmental needs of the child and the resources, priorities and concerns of the family as stated in the IFSP." It was also suggested that sec.621.23(5)(C) include the same change. RESPONSE: The Council agrees and the changes will be included in both subparagraphs. COMMENT: Concerning sec.621.23(5)(D)(ix)(II) and (III), a commentor noted that language would be clearer if amended to incorporate federal rule changes that are forthcoming. RESPONSE: The Council agrees and has amended the section to read: "(II) obtaining, interpreting, and integrating information appropriate to program planning to prevent, alleviate, or compensate for movement dysfunction and related functional problems;" "(III) providing individual or group services or treatment to prevent, alleviate, or compensate for movement dysfunction and related functional problems; and" COMMENT: Concerning sec.621.23(5)(E)(iii), a commentor noted that the word "and" should not be deleted from the language. RESPONSE: The council agrees and will not delete "and" in the clause reading "...including home and community settings in which..." COMMENT: Concerning sec.621.24(c)(10)(B), one commentor noted that the subparagraph required programs to obtain inspections from a local sanitation authority. The commentor pointed out that the responsibility for sanitation inspection varies greatly among communities and it was difficult to know when the "authority" had been located. RESPONSE: The council agrees and has amended the language to allow greater flexibility in obtaining a proper entity for doing the inspection. The language will read: "(B) Buildings where the ECI program is housed (including offices) must be inspected annually by the local or state fire authority. A safety/sanitation inspection must be completed annually by an entity outside the ECI program using an approved ECI checklist. If the fire or safety/sanitation inspection indicates that hazards exist, these hazards must be corrected." COMMENT: Concerning sec.621.24(c)(14)(C), one commentor suggested that the subparagraph be changed to allow activities in a swimming pool to be conducted by a person with only CPR certification if the person is working with only one child. RESPONSE: The Council agrees with the intent of the comment and is deleting sec.621.24(14)(C) in its entirety. The following associations and agencies offered comments during the comment period: The University of Texas Medical Branch, Galveston; Brazoria County Association for Citizens with Handicaps, Angleton; Richmond State School, Richmond; Region Three Education Service Center (ESC), Victoria; Brenham State School, Brenham State School, Brenham; Katy ISD, Katy; Klein ISD, Klein; Harris County Mental Health Mental Retardation (MHMR), Houston; MHMR of Brazos Valley, Bryan; United Cerebral Palsy of Greater Houston, Inc., Houston; Dallas ISD, Dallas; Heart of Texas MHMR, Waco; Fort Worth State School, Fort Worth; Region Nineteen ESC, El Paso; Life Management Center, El Paso; El Paso City-County Health Department, El Paso; Texas Department of Health, El Paso; South Collin County Infant Program, Plano; Region Eight ESC, Mt Pleasant; Sabine Valley Center, Longview; Community Action Corporation of South Texas, Alice; Corpus Christi State School, and Corpus Christi. The agencies and centers generally supported the amendments but offered some recommendations for change. 25 TAC sec.sec.621.22-621.24 The amendments are adopted under the Human Resource Code sec.73.003, which provides the Interagency Council on Early Childhood Intervention with the authority to establish rules regarding services provided for children with developmental delays. sec.621.22. Definitions. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. Assessment-The ongoing procedures used by appropriate qualified personnel throughout the period of a child's eligibility to identify: (A) (No change.) (B) the resources, priorities, and concerns of the family and identification of supports and services necessary to enhance developmental needs of the children; and (C) the nature and extent of intervention services needed by the child and the family in order to resolve the determinations of this paragraph. Children-Infants and toddlers with disabilities. Committee-Advisory Committee to the Interagency Council on Early Childhood Intervention. Its functions are those of the Interagency Coordinating Council described in Individuals with Disabilities Education Act Amendments of 1991 Public Law 102-119. Include(ing)-The items named are not all of the possible items that are covered whether like or unlike the ones named. Public agency-The Interagency Council on Early Childhood Intervention and any other political subdivision of the state that is responsible for providing services to eligible children under the Individuals with Disabilities Education Act, Part H. Qualified-A person who has met state approval or recognized certificate, license, registration, or other comparable requirements that apply to the area in which the person is providing early intervention services. Service coordinator (case manager)-A staff person who is assigned to a child/family who is the families, and who is responsible for assisting and empowering families to receive the rights, procedural safeguards, and services authorized by these rules and ECI policy and procedures. Transportation services -Travel and other costs that are necessary to enable a child/family to receive early intervention services. sec.621.23. Service Delivery Requirements. Programs that receive ECI funds must have written policies and procedures which are implemented and evaluated in each of the following areas. (1) Client eligibility. The program must have written criteria for determining infants and toddlers with disabilities and accepting them into the program. (A)-(B) (No change.) (C) Determination of eligibility shall be as follows. (i)-(ii) (No change.) (2)-(4) (No change.) (5) Individualized family service plan (IFSP). An IFSP must be developed for each eligible child and the child's family. (A) Procedures for development, review, and evaluation. (i) The IFSP must be written within 45 days of referral and be developed jointly by the family and appropriate qualified personnel. The IFSP must be based on assessment and evaluation information and include services necessary to enhance the development of the child and the capacity of the family to meet the child's special needs. No IFSP shall be implemented without prior written consent from the parent(s). The contents and the implementation of the IFSP must be fully reviewed with the parents prior to obtaining their consent. (ii)-(vi) (No change.) (B) (No change.) (C) Required early intervention services. Individualized intervention services, as determined by the interdisciplinary team, must be provided under public supervision to meet the developmental needs of the child, and to address the resources, priorities and concerns of the family related to enhancing the child's development. All services identified as needed for the child by the interdisciplinary team must be addressed in the IFSP. With concurrence of the family, all services identified as needed by the family, may be addressed in the IFSP. The array of services must include, but is not limited to, the following: (i)-(xvii) (No change.) (xviii) nutrition services; (xix) assistive technology; and (xx) other services. (D) Types of services. For the purpose of this chapter the following types of services apply. (i)-(iii) (No changes.) (iv) Health services includes services necessary to enable a child to benefit from the other early intervention services during the time that the child is receiving the other early intervention services. (I) The term "health services" includes: (-a-) such services as clean intermittent catheterization, tracheostomy care, tube feeding, the changing of dressings or colostomy collection bags, and other health services; and (-b-) (No change.) (II) (No change.) (v)-(viii) (No change.) (ix) Physical therapy services include: (I) (No change.) (II) obtaining, interpreting, and integrating information appropriate to program planning to prevent, alleviate or compensate for movement dysfunction and related functional problems; (III) providing individual or group services or treatment to prevent, alleviate or compensate for movement dysfunction and related functional problems; and (VI) services to address the promotion of sensorimotor function through enhancement of musculoskeletal status, neurobehavioral organization, perceptual and motor development, cardiopulmonary status, and effective environmental adaption. (x)-(xii) (No change.) (xiii) Speech-language pathology services include: (I) identification of children with communicative or oropharyngeal disorders and delays in development of communication skills, including the diagnosis and appraisal of specific disorders and delays in those skills; (II) referral for medical or other professional services necessary for the habilitation or rehabilitation of children with communicative or oropharyngeal disorders and delays in development of communication skills; and (III) (No change.) (xiv) Transportation and related costs include the coverage of cost of travel (e.g., mileage, or travel by taxi, common carrier, or other means) and other costs (e.g., tolls and parking expenses) that are necessary to enable an eligible child and the child's family to receive early intervention services. (xv) (No change.) (xvi) Vision services include: (I) evaluation and assessment of visual functioning, including the diagnosis and appraisal of specific visual disorders, delays, and abilities; (II) referral for medical or other professional services necessary for the habilitation or rehabilitation of visual functioning disorders or both; and (III) communication skills training, orientation and mobility training for all environments, visual training, independent living skills training, and additional training necessary to activate visual motor abilities. (xvii) Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of children with disabilities. Assistive technology service means a service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Assistive technology services include: (I) evaluating the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment; (II) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices used by children with disabilities; (III) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; (IV) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (V) training or technical assistance for a child with disabilities or, if appropriate, that child's family; and (VI) training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to employ, or are otherwise substantially involved in the major life functions of individuals with disabilities. (E) Service options. In a service area, options for instruction or treatment must be available based upon consideration of the medical, social, educational, and developmental needs of the child and the resources, priorities and concerns of the family as stated in the IFSP. These options include: (i)-(ii) (No change.) (iii) to the maximum extent appropriate to the needs of the child, early intervention services must be provided in natural environments, including home and community settings in which children without disabilities participate. Natural environments means settings that are natural or normal for the child's age peers who have no disabilities. (iv)-(v) (No change.) (F)-(G) (No change.) (H) Contents of the plan. Programs which receive ECI funds must have a written IFSP for each child developed jointly by the interdisciplinary team including the child's parents. (i)-(iv) (No change.) (v) To the extent appropriate, the IFSP must include: (I) (No change.) (II) the funding sources to be used in paying for those services. (vi)-(vii) (No change.) (I)-(L) (No change.) sec.621.24. Program Administration. (a)-(b) (No change.) (c) Program requirements. (1) (No change.) (2) Required services. As of January 1, 1993, each program must provide an evaluation and assessment, service coordination, an Individualized family service plan (IFSP), and provide or arrange for services that implement the IFSP for all eligible children. (3) (No change.) (4) Interagency coordination. Each program must develop and implement an interagency coordination plan which includes as a minimum procedures: (A) preventing duplication of assessments and services;. (B) coordinating referrals to and from ECI programs; (C) participating in local and regional planning and coordination groups affecting services to young children; and (D) coordinating activities to make the most effective use of staff development and service provision. (5) Staff composition and qualifications. (A) Programs must employ staff who meet the appropriate professional requirements and hold current professional credentials for their profession. Appropriate professional requirements are the entry level professional standards which: (i) are based on the state's highest requirements applicable to the profession or discipline in which a person is providing early intervention services; and (ii) establish suitable qualifications for personnel providing early intervention services to eligible children and their families, who are served by state, local, and private agencies. (B) ECI professional staff must abide by the licensure or certification requirements and the established rules of supervision and conduct for their professions. (C) For the occupational categories for which state authority has not established professional standards (such as service coordinator, and early intervention specialist), programs must employ staff who are qualified in terms of education and experience for their assigned scopes of responsibilities and the degree of supervision they are required. (D) The ECI program director must provide and document the amounts of supervision appropriate for all ECI contract staff and program staff to ensure the philosophy and intent of these regulations are met as adopted by the Early Childhood Intervention Council. (E) Local programs must establish a procedure to ensure that employees have not been convicted of any felony or a misdemeanor related to child abuse or sexual abuse or any other offense against a person or family. (6) Inservice education. Each provider shall annually assess the training needs of each early childhood intervention (ECI) staff member. Documentation of the development and implementation of each individualized professional development plan (IPDP) shall be maintained by the program. (7) ECI child service standards. (A) Determination of staff-child ratios must take into account the degree of each child's developmental level of functioning, the setting in which the child will be served, and the nature of the services to be provided. (B) Programs which provide child care as defined by the Texas Department of Human Services (TDHS) must meet licensing standards of TDHS. (8) Child health standards. Programs that receive ECI funds must have written policies and procedures which are implemented and evaluated in each of the following areas. (A) Medication policies. If staff is involved in the administration of medication, written policies must be maintained regarding such administration. (B) Infectious disease prevention and management. (i) All programs must adhere to the procedures of the Universal Precautions for the Texas Early Childhood Intervention Program, as issued by the Council. (ii) All programs must comply with the Texas Communicable Disease Prevention and Control Act, Texas Civil Statutes, Article 4419b-1. (iii) In the event of an outbreak of a contagious disease, infants attending center-based programs may be excluded if they have not been immunized due to medical or religious contraindications. (C) Policies regarding serving children who are HIV positive. The following requirements must be enforced in serving children who are HIV positive. (i) Children with HIV infection must not be discriminated against on the basis of HIV infection. Reasonable accommodations will be made to serve them on the basis of individual need. (ii) Any information a parent may provide on the HIV status of a child or family member will be deemed confidential and released only to individuals designated by the parent. (iii) For identified children with HIV infection, with parental consent, the staff must communicate with the physician responsible for medical care and must involve the physician in programmatic decisions about treatment. Communication with the physician must occur prior to assessment and on an ongoing basis as needed. (iv) Programs cannot require AIDS testing of children. (9) Safety regulations regarding emergencies for all buildings where ECI programs are housed. Programs that receive ECI funds must have written policies and procedures which are implemented and evaluated in the following areas. (A) First aid supplies must be maintained on the premises and in vehicles routinely used by the program. (B) There must be written posted procedures to be followed in the event of actual or threatened natural disasters, such as fire, tornado, flood, hurricane (as appropriate for the area). Evacuation routes must be posted. Procedures must be individualized for each location. (C) Each facility must conduct quarterly fire drills rehearsing the evacuation of all children. Such drills must be documented. (D) Each facility must have a working telephone, and emergency telephone numbers must be posted. (10) Accessibility and safety. Programs that receive ECI funds must have written policies and procedures which are implemented and evaluated in the following areas. (A) All ECI services must be available in buildings that are physically accessible to persons with disabilities. (B) Buildings where the ECI program is housed (including offices) must be inspected annually by a local or state fire authority. A safety/sanitation inspection must be completed annually by an entity outside of the ECI program using an approved ECI checklist. If the fire or safety/sanitation inspection indicates that hazards exist, these hazards must be corrected. (C) Buildings must be clean, free of hazards, free of insect and rodent infestation, in good repair, with adequate light, ventilation, and temperature control. (D) An external emergency release mechanism must be provided for opening interior doors that can be locked from the inside. Locks may not be used to restrain a child within a room. (E) Buildings must be able to be safely evacuated in the event of an emergency. (11) Transportation safety. Programs that receive ECI funds must have written policies and procedures which are implemented and evaluated in the following areas. (A) The transportation system operated by the ECI Program must meet local and state licensing, inspection, insurance, and capacity requirements. (B) Children must be transported in an appropriately installed federally approved child passenger restraint seat, appropriate to the child's age and size. (C) Drivers of vehicles must have valid and appropriate drivers' licenses. Drivers must have current defensive driving certification. (D) Drivers and driver's aides must have training in first aid, emergency care of seizures, and be certified in cardiopulmonary resuscitation for children and infants. (12) Reporting child abuse. The program must report suspected child abuse or neglect as required by the Texas Family Code, Chapter 34. (13) Staff health regulations. Programs that receives ECI funds must have written policies and procedures which are implemented and evaluated in the following areas. (A) Programs shall not discriminate against employees who have AIDS or HIV infection. (B) Programs shall not require HIV testing of employees. (C) All staff must provide written evidence of TB screening (negative tuberculin test or satisfactory chest x-rays) within six months of beginning employment in an ECI program, if required by local health officials or public school officials. (D) Any staff person with a communicable disease must refrain from working with children while the staff person is ill until cleared by a physician to return to work. (14) Staff development for health/safety issues. Programs that receive ECI funds must have written policies and procedures which are implemented and evaluated in the following areas. (A) All staff who work directly with children must receive training in first aid and have certification in cardiopulmonary resuscitation for children and infants. (B) All staff who work directly with children must receive training in the implementation of Universal Precautions for Texas ECI Programs and in the recognition of common childhood illnesses. 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 February 23, 1993. TRD-9319444 Tammy Tiner, Ph.D. Chairperson Interagency Council on Early Childhood Intervention Effective date: March 16, 1993 Proposal publication date:September 22, 1992 For further information, please call:(512) 458-7673 Procedural Safeguards and Due Process Procedures 25 TAC sec.621.46 The amendment is adopted under the Human Resource Code, sec.73.3, which provides the Interagency Council on Early Childhood Intervention with the authority to establish rules regarding services provided for children with developmental delays. 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 February 23, 1993. TRD-9319443 Tammy Tiner, Ph.D. Chairperson Interagency Council on Early Childhood Intervention Effective date: March 16, 1993 Proposal publication date: September 22, 1992 For further information, please call: (512) 458-7673 Early Childhood Intervention Advisory Committee 25 TAC sec.621.62, sec.621.63 The amendments are adopted under the Human Resource Code, sec.73.3, which provides the Interagency Council on Early Childhood Intervention with the authority to establish rules regarding services provided for children with developmental delays. 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 February 23, 1993. TRD-9319442 Tammy Tiner, Ph.D. Chairperson Interagency Council on Early Childhood Intervention Effective date: March 16, 1993 Proposal publication date: September 22, 1993 For further information, please call: (512) 458-7673 TITLE 28. INSURANCE Part II. Texas Workers' Compensation Commission Chapter 102. Practice and Procedures 28 TAC sec.102.9 The Texas Workers' Compensation Commission adopts new sec.102.9, concerning Submission of Information Required by the Commission, with changes to the text as published in the December 18, 1992, edition of the Texas Register (17 TexReg 8876). This section establishes that the commission may require participants to supply information necessary for the commission to carry out its obligation of monitoring and enforcing the Texas Workers' Compensation Act. It also establishes that failure to provide the information requested may result in an order to produce the information. It describes the statutory provision that failure to comply with an order of the director may result in further administrative actions and subsequent penalties. This section is necessary to fully enable the commission to monitor and enforce the Act and commission rules. Changes to the text, made in response to public comments, included the addition of a new subparagraph in (a)(2) to require that the commission specify the information being requested. A new subsection (b) was added to establish that a telephone request would be followed by a written request before any order for production would be considered. The previous subsection (b) was renumbered to (c) and changed by adding a provision that the period of time for production of information shall be "reasonable" and to delete the reference to the commission specifying the time and the reference to a 24-hour period and to add specific criteria for establishing the ability to provide the information. A new subsection was added to specify that the reasonable time will be no less than 24 hours for benefit issues and 72 hours for other issues. The former subsection (c) was renumbered to (e) and changed to provide that the order shall be in writing and shall be issued only by the executive director or by staff designated by the executive director, that the order shall be mailed or personally delivered, and a record of receipt kept. Another new subsection was added, subsection (f), to clarify that this section does not limit the executive director's ability to issue orders as authorized by statute. Comments opposing the proposal were received from American International Companies and American Insurance Association. The 24-hour standard is not practical for most requests. Recommend consideration of a differentiation between legitimately time sensitive requests and that time sensitive requests allow three working days for response. The commission agrees in part. Changes were made to make the time for reporting a reasonable time and further defined that reasonable is going to mean no less than 24 hours for benefit issues and 72 hours for other issues. As drafted, this rule is unenforceable for indefiniteness and constitutes a denial of due process. The rule does not provide fair warning since the commission can request any information at any time with only 24 hours to comply. Due process requires prior notice of the information that must be produced. The commission disagrees. While the statute, and therefore the rule, allows the commission access to a broad range of information without specific limitations on the time within which the commission can require production, the commission has determined that a reasonable application of the broad discretion allowed by statute for access to information consistent with the regulatory requirements of the commission, can best be met by allowing the commission to establish reasonable time periods for the production of information required by the commission. This section, as revised in response to public comment, limits the commission by not allowing the commission to require production in less than 24 hours for benefit related information and 72 hours for other issues. As stated in response to the previous comment, changes to the text of the rule include a provision that the time for response be "reasonable" and that the commission will consider many factors in making a decision. The proposed rule gives the commission unrestrained discretionary power to determine who must produce information and to select who must comply with the proposed rule. The commission disagrees. The rule as proposed is not overly broad but limits the commission to information necessary to administer the Act or commission rules. The rule as drafted also establishes that the requirement applies to those subject to the Act. In general, the proposed rule requires a party to perform an act so vague and involving so many factors of varying effect that no one can safely judge the impact. The commission disagrees. The proposed rule does not require a party to perform any task without specific direction of the commission. The rule imposes a duty on those subject to the Act to comply with commission requests for information. That is neither vague nor overly complicated. However, in response to public comment, the rule now requires the commission to state in its request the specific information to be submitted. Since most requests for information are currently being responded to, the impact of this new rule will be felt in those cases where someone chooses not to provide the requested information and the rule creates a much better regulatory path for the commission to follow to obtain compliance. The new section is adopted under Texas Civil Statutes, Article 8308-2.09(a), which authorize the commission to adopt rules necessary to administer the Act, and Texas Civil Statutes, Article 8308-2.11(f), which allows the executive director to prescribe the form, manner, and procedure for transmission of information to the commission. sec.102.9. Submission of Information Requested by the Commission. (a) The commission shall require those subject to the Act to provide information at such times and in such manner as necessary to administer the Act or commission rules. This requirement to provide information shall: (1) be communicated by telephone or in writing; (2) inform the participant of: (A) where the information is to be sent; (B) when the information must be submitted; and (C) the specific information to be submitted. (b) If the request for information is communicated by telephone, the request must be followed up in writing before any order could be requested or issued pursuant to subsection (d) of this section. (c) Upon receipt of the requirement from the commission, those subject to the Act will have a reasonable period of time to provide the information required to the commission considering: (1) accessibility of the information; (2) amount of information requested; (3) any other circumstances affecting the person's ability to supply the required information. (d) The reasonable period for responding to the request for information shall not be less than 24 hours if the requested information is needed to administer a benefit issue on a claim. For other requested information, the reasonable period for response shall not be less than 72 hours. (e) Failure to provide the information may result in a written order requested and issued by staff designated by the Executive Director to request or issue an order to produce the information. Violation of such an order carries a maximum penalty, as provided by the Act, sec.10.21(c), of up to $10,000 and sanctions. The written order shall be mailed through certified mail, return receipt requested, or by personal delivery with receipt acknowledged. (f) Nothing in this section limits the authority of the Executive Director to enter orders pursuant to the Act, sec.2.11(c)(7). 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 February 23, 1993. TRD-9319403 Susan Cory General Counsel Texas Workers' Compensation Commission Effective date: April 1, 1993 Proposal publication date: December 18, 1992 For further information, please call: (512) 440-3592