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 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 1. General Procedures Subchapter A. General Rules of Practice 4 TAC sec.sec.1.1-1.5, 1.7, 1.10-1.15, 1.17-1.28 The Texas Department of Agriculture (the department) adopts amendments to sec.sec.1.1-1.5, 1.7, 1.10-1.15 and 1.17-1.28, concerning general rules of practice changes to the proposed text as published in the June 8, 1993, issue of the Texas Register (18 TexReg 3599). The amendments are adopted in order to clarify and establish more efficient procedures for rulemaking, the processing of licenses and conducting of hearings before the department that are consistent with the requirements of the Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a). The amendments clarify existing procedures; provide for more efficient methods of service of documents; in regards to action on licenses, make department rules more consistent with Administrative Procedure Texas Register Act; establish venue of contested case hearings held by the department; provide for use of telephone conference-calls in contested case hearings; provide for sanctions for a party's failure to comply with a discovery order; provide for use of substitute administrative law judges; provide for assessment of the costs of preparation of hearing transcripts; provide procedures for the use in uncontested proceedings; provide a timeline for issuance of the final order in contested cases heard by the department and establish a new schedule for cost of public records. No comments were receive regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 6252-13a, which provide the Texas Department of Agriculture with the authority to adopt rules of practice setting forth the nature and requirements of all formal and informal administrative procedures available; the Texas Agriculture Code, sec.12.001 and sec.12.006, which gives the department the authority to adopt rules necessary to the administration of the Texas Agriculture Code; and Texas Civil Statutes, Article 6252-13(c) and (d), which provide the department with the authority to issue guidelines on the eligibility of persons with criminal backgrounds for certain occupations, professions, and licenses. 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 July 12, 1993. TRD-9325661 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: August 3, 1993 Proposal publication date: June 8, 1993 For further information, please call: (512) 463-7583 Subchapter B. Collection of Debts 4 TAC sec.sec.1.51-1.55 The Texas Department of Agriculture (the department) adopts new sec.sec.1. 51- 1.55 concerning collection of debts, without changes to the proposed text as published in the June 8, 1993, issue of the Texas Register (18 TexReg 3605). The new sections provide for the development of procedures and guidelines by the department for determining amounts owned the department and collection of such amounts, provide for issuance of demand letters to delinquent account holders, and provide procedures for referral of collection matters to the office of the Attorney General. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article, 6252-5e, which provide the Texas Department of Agriculture with the authority to establish procedures for the collection of delinquent obligations. 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 July 12, 1993. TRD-9325662 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: August 3, 1993 Proposal publication date: June 8, 1993 For further information, please call: (512) 463-7583 TITLE 16. ECONOMIC REGULATION Part II. Public Utiltiy Commission of Texas Chapter 23. Substantive Rules Certification 16 TAC sec.23.32 The Public Utility Commission of Texas adopts an amendment to sec.23.32, without changes to the proposed text as published in the April 6, 1993, issue of the Texas Register (18 TexReg 2273). The commission adopts the amendment for the purpose of conforming sec.23.32 with federal regulations mandated by the Telephone Consumer Protection Act of 1991. No comments were received in response to the April 6, 1993, Texas Register publication. The amendment is adopted pursuant to Texas Civil Statutes, Article 1446c, sec.16(a) and sec.118, which provide the Public Utility Commission of Texas with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction. 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 July 9, 1993. TRD-9325633 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Effective date: August 2, 1993 Proposal publication date: April 6, 1993 For further information, please call: (512) 458-0100 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 3. Life, Accident and Health Insurance and Annuities Subchapter FF. Credit Life and Accident and Health Insurance 28 TAC sec.3.5702 The State Board of Insurance of the Texas Department of Insurance adopts an amendment to sec.3.5702, with changes to the proposed text as published in the April 9, 1993, issue of the Texas Register (18 TexReg 2352). The amendment is necessary to include new requirements for the reporting of data for the experience data calls. The new data will enable the parties to rate hearings to present more detailed information to the board, for use in setting rates. The amendment to the rule will function in the following manner. Four new forms have been added. New form CI-ACT-CERT will be used to provide the actuarial reserve certification, new form CI-VAL-AFF will be used to submit an affidavit of validity of experience data, new form CI-EXP-L will be used to provide a reporting form for the carriers' credit life general expenses and new form CI- EXP-DIS will be used to provide a reporting form for the carriers' credit disability expenses. Seven other forms were revised. The revised forms were: CI- EX-L (Revised 1992), CI-EX-DIS (Revised 1992), CI-EP-L (Revised 1992), CI-EP- DIS-1/60 (Revised 1992), CI-EP-DIS-61/120 (Revised 1992), CI-R-L (Revised 1992), and CI-R-DIS (Revised 1992). As a result of comment, CI-EP-DIS-1/60 (Revised 1992) and CI-EP-DIS-61/120 (Revised 1992) will be omitted and a revised form CI- EP-DIS (Revised 1992) will replace them. New subsection (f) to sec.3.5702 contains instructions for completing the actuarial certification and new subsection (g) contains instructions for completing the affidavit of validity form. The amendment to subsection (h)(1)(C), formerly subsection (f)(1)(C), refers to the revised forms and changes the reporting period to the reporting year in order to make the instructions clearer. The amendment to subsection (h)(2)(B), which was formerly subsection (f)(2)(B), changes the reporting of the mean insurance in force for joint coverage. A change was made as a result of comment to new subsection (h)(3), which originally described the reporting of commissions. Under the change, subsection (h)(3) includes the reporting of commissions and service fees and clarifies the reporting of commissions and service fees incurred. New subsection (i) describes the instructions for reporting general expense. The amendment contained in new subsection (j)(1), formerly (g)(1), contains instructions for the use of the presumptive rate in effect at the end of the reporting year when converting actual earned premiums. The amendment to subsection (j)(2)(A)(iv) refers to the revised forms and provides that the actual earned premium included in those forms is at the presumptive rate at the end of the reporting year, and similarly references the end of the reporting year in explaining that additional forms may not need to be completed. The amendments to subsection (2)(B)(ii) and (C)(iv) add references to subsection (2)(A)(iv). New subsection (l) describes the requirement for diskette filing and the procedure for obtaining an alternative method of filing. New subsection (m) describes the manner in which entities will be advised of the dates for transmission of credit experience annual call documents. Throughout the section, changes were made to show a reference to the revised form designations. Changes were also made to reflect the use of title designations rather than page numbers of National Association of Insurance Commissioners (NAIC) forms, throughout the section. These changes were made because the NAIC may change the locations of these pages in the future. The forms are filed with the Office of the Secretary of State, Texas Register Section, and incorporated by reference. The changes made in the forms as a result of comment, which correspond to the changes to the instructions described in this paragraph, have been included in the forms filed with the Office of the Secretary of State, Texas Register Section, and incorporated by reference. All forms related to this filing can be obtained from the Texas Department of Insurance, Publications Department, MC 108-5A, P. O. Box 149104, Austin, Texas, 78714-9104. The comments received and the agency's response to the comments are summarized in the following paragraphs. The summaries of the comments and responses are listed for each form to which the comments relate. Comments Regarding All Credit Data Exhibits. Comments Regarding Loan Duration. Two commenters stated that the separation for loan durations of 1-60 months and 61-120 months is no longer necessary because the Department has regulatory authority through 120 months. One of the commenters also noted that the information is not available for all plans of insurance, and if such information is required, it should be limited to data separated for single-premium business only. Agency response. The agency agrees that the separation of data into two loan durations no longer offers any major benefit. This suggested change will not impact any persons not affected by the original proposal, will not increase costs and will not be more burdensome to companies than the original proposal. Indeed, the agency believes that elimination of the reporting by separate loan durations will reduce the cost of compliance with these rules, and will reduce the paperwork burden of the companies. For these reasons, the forms and instructions contained throughout sec.3.5702 (relating to Instructions for Preparing Forms) will be changed to eliminate all separation of data by loan duration. This will allow forms CI-EP-DIS-1/60 (Revised 1992) and CI-EP-DIS- 61/120 (Revised 1992) to be combined into one form entitled CI-EP-DIS (Revised 1992). Comments Regarding Loan Duration for Open-end Coverages. Two commenters stated that they were unsure how to report the loan duration for open-end (revolving account) business in which there was not a set duration. Agency Response. The agency agrees with this comment, but since the data will no longer be separated by duration, this will no longer pose a problem. Comments regarding Forms CI-EX-L (Revised 1992) and CI-E-DIS (Revised 1992). One commenter suggested revising the "commissions incurred" line to include service fees. The commenter mentioned that the agency may be intending to capture that information in the expense exhibits and suggested adding additional language to clarify what was meant by the term "commissions incurred". Agency Response. The agency agrees with this comment and has changed the language from "commissions incurred" to "commissions and service fees incurred". A change has also been made to clarify the definition of "commission and service fees incurred". Comments Regarding Forms CI-EXP-L and CI-EXP-DIS. Comments Regarding Cost. All commenters stated that the forms would be costly to the reporting companies. Most stated that costs would far exceed the cost estimate stated in the rule. One commenter commented that the costs may even exceed ten times the estimate. Several commenters stated that new computer programs would have to be developed and would add to the proposed costs. Agency Response. The cost estimates were based on reasonably anticipated costs. The actual costs of the companies may not be as high as they anticipate. In any event, the benefit of the additional expense information in determining proper rates justifies the costs of securing the data. The more detailed expense information will assist the board in determining reasonable expense components when determining the presumptive rates. The benefit outweighs the additional costs incurred by the reporting companies. The change concerning loan durations made as a result of comment should decrease the cost of reporting data. Comments concerning Page 1 of the forms. One commenter stated that the reporting of lines 1b, 1c, 2b, 2c, 3b and 3c would require the setting up of a special report. The commenter stated that the primary problem is the requirement for reporting in-force business from prior years' business. The commenter stated that it would be necessary to give appropriate instructions on how to handle monthly outstanding business. Another commenter stated that the numbers distinguishing new policies/certificates issued, the continuation of in-force policies/certificates from previous years, and the cancellation of in-force policies/certificates from previous years is not available for monthly outstanding business. Another commenter stated that the average original term of policies and certificates of insurance on a nationwide or Texas basis was not available. Agency Response. The importance of the information requested necessitates the setting up of a special report by the reporting companies. The lapses and deaths for monthly outstanding business are not reported in such a manner as to indicate when the policy was written by insurance companies. Therefore, the in- force business from prior years reporting is changed to capture only the single- premium business. Due to the unavailability of the data, lines 1b, 1c, 2b, and 2c will be limited to single-premium business only. Additional lines have been added to capture monthly outstanding balance business which is incepting during the year, in-force business at the beginning of the year, and in-force business at the end of the year, on both nationwide and Texas experience. Additional instructions have been given to clarify reporting due to these changes. For single-premium business, the agency believes that the data requested concerning average term is available for contracts which take effect in the reporting year. However, since the data is captured for each year, it is unnecessary to report data for prior years. Lines 3b and 3d will be eliminated from the form, and the lines will be renumbered appropriately. The text of the section relating to these changes will be adjusted to reflect them. Comments Concerning Detailed Breakdown of the Expense Components. A commenter stated that the detailed expense information would most likely yield results which are not useful to the Department. Additionally, he stated that reporting companies would use different methods and broad allocations to develop the required splits, making the apparent accuracy of such details meaningless. Another commenter stated that the detail requested in these exhibits seems unduly complex and will likely lead insurers to use approximations and procedures that will invalidate the apparent precision, particularly for multi- line insurers. He also felt that the need for the information requested in the percentage allocated and the basis for allocation columns was unclear and he was not sure what useful conclusion could be drawn from the information. One commenter stated that he shares the concern that administrative expenses incurred by companies are necessary information; however, the staff of TDI should not be required to compile unnecessarily fragmented data. He also stated that the detailed administrative expense breakdowns required by the exhibit will not be meaningful in the regulation of credit insurance and will not benefit the consumers in any way. Another commenter stated that the proposed detail would require insurers to design and implement an extremely refined cost accounting system or to implement some sort of allocation system that, at best, would be "guesstimates" and, at worst, totally arbitrary. One commenter also questioned whether the detailed data being newly requested is necessary for its intended use and justifies the cost of its generation, tabulation, and remittance. Three commenters recommended that the Department not get any more detailed than what is requested in the general expense line from the Analysis of Operation exhibit in the annual statement. Agency Response. The detailed breakdown of expenses will provide the board with essential information to assist in evaluating rates by term of loan and for rate-making using a component pricing method. This will also provide for the separation of expenses related to acquisition and maintenance. In order to understand the general expense entries in the annual statement, it is essential to understand what these numbers represent. The large variance in the percentage of general expenses between companies emphasizes the need for detailed information about the expenses. Comment Relating to Contributory-Noncontributory Component. A commenter stated that the data in the exhibits would be misleading for insurers who have any significant amount of noncontributory (creditor-paid) credit insurance business on their books. He also stated that the expenses are considerably lower for creditor-paid credit insurance and that the data collected for the various components in rating-making (general expenses, commissions, taxes, licenses, and fees) should be discrete between creditor-paid and debtor-paid coverages or restricted to debtor-paid coverages. Agency Response. The agency recognizes the need to capture the appropriate data in order to accurately reflect the general expenses. A question has been added to the form to capture the ratio of premiums written during the reporting period for creditor-paid business to all business, and the ratio of policies and certificates of insurance in force at the end of the reporting period for creditor-paid business to all business. Comment Relating to Reporting of General Expenses by State. One casualty commenter stated that general expenses by state are not available. He stated that their system has no way of breaking down specific expenses for credit. He also stated that it would be expensive to break down specific expenses and this could not be done for the year 1992. Agency Response. The expense exhibit is designed for nationwide components and is not requesting information specific by state. The expense exhibit is intended to be directly tied to components which are already required to be broken down in the insurance expense exhibit for casualty carriers. Comment Relating to Instructions for Casualty Carriers. One casualty commenter stated that the current instructions and forms for casualty carriers are vague. He recommended that the report be limited to writers of $1 million dollars or more of annual premium. As an alternative, perhaps the report could be limited to the five or ten largest writers of the lines affected. He stated that this approach has been adopted by the Department in other recent rules such as in the collection of auto insurance data. Agency Response. The agency understands the concern; however, there are only four carriers and the staff can work with those carriers to devise a reasonable and appropriate form to be requested under Article 1.24. Comments Relating to Forms CI-EP-L (Revised 1992), CI-EP-DIS-1/60 (Revised 1992) and CI-EP-DIS-61/120 (Revised 1992). Comment Relating to Reporting Year for Earned Premium Conversion. One commenter suggested that if data for more than one year is to be collected, the conversion should only use the rate in effect at the end of the final reporting year. Agency Response. There are many different methods which could be used for concerning earned premiums and the agency method in the current rule remains unchanged to be consistent with past conversion methods. This allows each year's data to be reviewed separately. Comment Relating to Allowable Methods for Conversion of Earned Premiums. One commenter stated that if a carrier has the capacity to record both actual and presumptive premiums in parallel and to compile this data in parallel, the parallel method should be permitted. The commenter stated that this method is more accurate for credit disability insurance than the current method proposed. The commenter recommends that insurers be allowed to use this alternative method if accompanied by the certification of an actuary or a company officer for the conversion of actual earned premiums to presumptive earned premiums. Agency Response. The agency realizes that many alternative methods may be appropriate to convert earned premiums. The agency feels, however, that it is important to maintain consistent reporting from carrier to carrier. The NAIC and previous data calls from this state have used the methodology used in the current rule. Additionally, this method was not proposed for change. The agency believes that the method set forth for conversion of premium should remain as stated in the rule. The following entities made comments against adoption of the section. State Farm Insurance Companies, Texas Legal Reserve Officials Association (TLROA), CreditRe Corporation, American National Insurance Company, CUNA Mutual Insurance Group, and Consumer Credit Insurance Association. There were no comments in favor of adoption of the section. The amendment is adopted under the Insurance Code, Articles 3.53 and 1.04, and Texas Civil Statutes, Article 6252-13a, sec.4 and sec.5. The Insurance Code, Article 3.53 authorizes the board to issue such rules and regulations as it deems appropriate for the regulation of credit life insurance and credit accident and health insurance. Article 1.04(b) provides the board with authority to determine rules in accordance with the laws of this state. Texas Civil Statutes, Article 6252-13a, sec.4 and sec.5 authorize and require each state agency to adopt rules of practice setting forth the nature and requirements of available procedures, and prescribe the procedures for adoption of rules by a state administrative agency. sec.3.5702. Instructions for Preparing Forms. (a) Identification of Forms. These forms are filed with the Office of the Secretary of State, Texas Register Section, and incorporated by reference. They can be obtained from the Texas Department of Insurance, Publications Department, MC 108-5A, P.O. Box 149104, Austin, Texas 78714-9104. [graphic] (b)-(e) (No change.) (f) Actuarial certification form (CI-ACT-CERT). The purpose of this form is to provide verification as to the method used to compute the unearned premium reserves for single premium credit insurance. The form is to be signed by a qualified actuary. A qualified actuary is a member of the American Academy of Actuaries. (g) Affidavit of validity form (CI-VAL-AFF). The purpose of form CI-VAL-AFF is to provide an affidavit as to the completeness and validity of the credit insurance experience data submitted. The affidavit requires a notarized signature of an officer of the company and certifies that the information submitted for the insurer is a full and true statement of the credit experience for the reporting year(s) requested, according to the best information, knowledge, and belief of the affiant. (h) Experience forms (CI-EX-L (Revised 1992) and CI-EX-DIS (Revised 1992)). The purpose of these forms is to provide statewide experience data in order to determine if the benefits provided under contracts of credit insurance are reasonable in relation to premiums charged in order that the board may discharge its statutory obligations for the supervision of credit insurance operations under the Insurance Code, Article 3.53. A separate form CI-EX-L (Revised 1992) or CI-EX-DIS (Revised 1992) must be filed for each class of business and plan of benefits. (1) Earned premiums. (A) Line 1a Net written premiums. Net premiums to be shown on line 1a are to be determined as follows: Gross premium written (before deductions for dividends and experience rating credits) less refunds on terminations. (B) Line 1d Actual earned premiums. The total of all premiums earned at the premium rates actually charged and in force during the experience period. (C) Line 1e Earned premiums at presumptive rate. Actual earned premiums adjusted (on form CI-EP-L (Revised 1992) or CI-EP-DIS (Revised 1992)), to the amount which would have been earned had the premium rate during the experience period been equal to the presumptive rate in effect at the end of the reporting year. Note that if premiums in force differ from the presumptive rate in effect at the end of the reporting year, line 1d will not equal line 1e. (2) Mean Insurance in force, line 4 Form CI-EX-L (Revised 1992). (A) Particular care should be exercised to assure sufficiently accurate results in determining the amounts of "mean insurance in force." (B) The average of the monthly amounts should be calculated and entered as the mean insurance in force on line 4. Exclude reinsurance assumed and do not deduct any ceded. For joint coverage, the amount of insurance in force shall equal the death benefit payable under the contract and shall not be reported as twice the death benefit. (3) Commissions and Service Fees Incurred, line 6a of Form CI-EX-L (Revised 1992) or line 4a of Form CI-EX-DIS (Revised 1992). The amount to be reported on this line shall be the total amount of commissions and service fees incurred in the state of Texas (direct business only). Commissions and service fees incurred means those that are paid, plus the change in due and unpaid commissions and service fees. The commissions shall be inclusive of commissions for agents or general agents and shall be reflected separately for each class of business and plan of benefits as indicated at the top of either Form CI-EX-L (Revised 1992) or CI-EX-DIS (Revised 1992). (i) General expense forms (CI-EXP-L and CI-EXP-DIS). The purpose of these forms is to provide general expense and allocation information to assist the board in promulgating presumptive premium rates for this state. For credit life coverage, the data should be the total of all classes of business and plans of life benefits. The credit life data will be reported on form (CI-EXP-L). For credit disability coverage, the data should be the total of all classes of business and plans of disability benefits. The credit disability data will be reported on form (CI-EXP-DIS). The reported nationwide general expenses are to be limited to those items listed on pages 2, 3, 4 and 5 of forms CI-EXP-L and CI-EXP-DIS. Commissions are to be reflected solely on forms CI-EX-L (Revised 1992) and CI-EX-DIS (Revised 1992). The expenses shall be limited to the credit insurance general expenses for loan durations not exceeding 120 months. (1) Number of single premium policies and certificates of insurance for Texas experience. (A) Line 1a Incepting in the reporting year. The total number of policies and certificates of insurance which took effect (incepted) in the reporting year shall be shown on line 1a of CI-EXP-L or CI-EXP-DIS, as appropriate. If coverage for both life and disability are written on the same policy or certificate of insurance, report the coverages as if each coverage had been written separately. (B) Line 1b In-force from previous years and continuing in-force after the reporting year. The total number of policies and certificates of insurance which took effect before the reporting year and are still in-force at the end of the reporting year shall be reported on line 1b. If coverage for both life and disability are written on the same policy or certificate of insurance, report the coverages as if each coverage had been written separately. (C) Line 1c Policies and certificates going out of force during the reporting year, for any reason. The total number of policies and certificates of insurance which terminated during the reporting year shall be reported on line 1c. If coverage for both life and disability are written on the same policy or certificate of insurance, report the coverages as if each coverage had been written separately. (D) Line 1d Total number of policies and certificates of insurance in force at the start of the reporting year. The sum total of policies and certificates of insurance which are in force at the beginning of the reporting year are to be reflected on line 1d. If coverage for both life and disability are written on the same policy or certificate of insurance, report the coverages as if each coverage had been written separately. (E) Line 1e Total number of policies and certificates of insurance in force at the end of the reporting year. The sum total of policies and certificates of insurance which were in force at the beginning of the reporting year plus those that took effect during the reporting year minus those that terminated during the year are to be reflected on line 1e. If coverage for both life and disability are written on the same policy or certificate of insurance, report the coverages as if each coverage had been written separately. Line 1e equals line 1a plus Line 1d minus Line 1c. (2) Number of single premium policies and certificates of insurance for nationwide experience. The instructions are the same as those listed for lines 1a-1e, described in paragraphs (1)(A)-(E) of this subsection, except that the data is to reflect the nationwide experience rather than being limited to the Texas experience. (3) Number of monthly outstanding balance policies and certificates of insurance for Texas experience. (A) Line 3a Incepting in the reporting year in Texas. The total number of policies and certificates of insurance which took effect (incepted) in the reporting year shall be shown on line 3a of CI-EXP-L or CI-EXP-DIS, as appropriate. If coverage for both life and disability are written on the same policy or certificate of insurance, report the coverages as if each coverage had been written separately. (B) Line 3b Total number of policies and certificates of insurance in force at the start of the reporting year. The sum total of policies and certificates of insurance which are in force at the beginning of the reporting year are to be reflected on line 3b. If coverage for both life and disability are written on the same policy or certificate of insurance, report the coverages as if each coverage had been written separately. (C) Line 3c Total number of policies and certificates of insurance in force at the end of the reporting year. The sum total of policies and certificates of insurance which were in force at the beginning of the reporting year plus those that took effect during the reporting year minus those that terminated during the year are to be reflected on line 3c. If coverage for both life and disability are written on the same policy or certificate of insurance, report the coverages as if each coverage had been written separately. (4) Number of monthly outstanding policies and certificates of insurance for nationwide experience. The instructions are the same as those listed for lines 3a-3c of this subsection except that the data is to reflect the nationwide experience rather than being limited to the Texas experience. (5) Average original term of policies and certificates of insurance, in months, for single premium business only. (A) Line 5a Incepting in the reporting year in Texas. The average original term of all single premium policies and certificates of insurance which took effect in Texas ONLY during the reporting year shall be reflected on line 5a. For coverage with odd days, round the term to the nearest whole month. (B) Line 5b Incepting in the reporting year nationwide. The average original term of all single premium policies and certificates of insurance which took effect during the reporting year, for the carriers' nationwide business, shall be reflected on line 5b. For coverage with odd days, round the term to the nearest whole month. (6) Expense and allocation table. The expense line items, shown to the left of column 1, track exactly to those in Exhibit 5 of the NAIC Life Annual Statement for life and accident and health carriers. Casualty carriers should contact the Credit Life and Credit Accident and Health Section of the Texas Department of Insurance for more detailed instructions. (A) Column 2. Enter the amount for each expense line item in column 2. The total of column 2 should reconcile to the amount shown on the page entitled "Analysis of Operations by Lines of Business" of the NAIC Life Annual Statement for the reporting year. For life and accident and health companies, refer to line 22, column 6, for credit life coverages or line 22, column 10, for credit accident and health coverages. Casualty carriers should contact the Credit Life and Credit Accident and Health Section of the Texas Department of Insurance for more detailed instructions. (B) Column 3. Percentage allocated. The call differentiates general expenses into two categories-directly incurred versus allocated. Expenses directly incurred are those specifically and uniquely attributable to credit life or credit accident and health insurance. Directly incurred expenses would include salaries, professional fees, marketing expenses, etc. whose expenditure is solely a function of the credit life or credit accident and health insurance transaction. Allocated expenses would include corporate overhead or other expenses shared with lines of insurance other than credit life or credit accident and health. For example, if the insurer sells several lines of insurance in addition to credit life and credit accident and health, the share of corporate management salaries assigned to credit life or credit accident and health would be the result of an allocation. (C) Column 4 Basis for allocation. If Column 3 contains a percentage greater than 0%, explain the basis of allocation; such as: square feet of office space, number of employees, premium volume, number of claims, policies or certificates of insurance in-force, policies or certificates of insurance issued or any other basis employed. (D) Examples. Enter the percentage of the general expense line item resulting from an allocation, as opposed to directly incurred expenses, in column 3. Examples include: (i) If the entire form 1, line 22 amount is an allocation of corporate general expenses, enter that dollar amount in Column 2, line 10-Total, and enter 100% in Column 3, line 10. Explain the basis for allocation in Column 4, line 10. (ii) If legal fees are incurred only in conjunction with credit life claims or other credit life activities, enter 0% in Column 3, line 4.1. (iii) If traveling expenses are incurred jointly (and only) for the benefit of credit life and credit accident and health and if the total amount is allocated to each line, enter 100% in Column 3, line 5.1, and explain the basis for allocation in Column 4, line 5.1. (iv) If the cost of claim investigation and settlement consists partly of contract investigators incurred solely on behalf of credit life claims ($30,000) and partly as a result of a corporate allocation of claims investigation ($30,000), enter $60,000 in Column 2, line 4.5, and enter 50% in Column 3, line 4.5. Explain the basis for the corporate allocation of claims investigation in Column 4, line 4.5. (7) Additional miscellaneous information. (A) Line 7a Sundry general expenses. Please list the major components of the expense items referred to as "Sundry General Expenses". (B) Line 7b Aggregate write-ins. Please list the major components of the expense items referred to as "Aggregate Write-Ins." (C) Line 7c. If the company writes creditor-paid insurance, fill in the ratio of premiums written during the reporting period for creditor-paid business to al business, and the ratio of policies and certificates in force at the end of the reporting period for creditor-paid business to all business. (j) Earned premium forms CI-EP-L (Revised 1992) and CI-EP-DIS (Revised 1992). (1) The purpose of these forms is to convert actual earned premiums to the amount of premiums which would have been earned had all business been written at the presumptive rate in effect at the end of the reporting year. If more than one year's data is requested, each year's data shall use the presumptive rate that was in effect at the end of each reporting year. (2) Form CI-EP-L (Revised 1992) is applicable to credit life insurance and Form CI-EP-DIS (Revised 1992) is applicable to credit disability insurance. Note that forms CI-EP-L (Revised 1992) and CI-EP-DIS (Revised 1992) should be reproduced as needed to correspond to the class of business and plan of benefits, as shown on the corresponding form CI-EX-L (Revised 1992) or CI-EX-DIS (Revised 1992). (A) General. (i) A form CI-EP-L (Revised 1992) or CI-EP-DIS (Revised 1992), as applicable, must be completed for each Form CI-EX-L (Revised 1992) or CI-EX-DIS (Revised 1992) where the presumptive earned premium differs from the actual earned premium. More than one form may be required when more than one year's data is presented, due to changes in the presumptive rates or other factors. (ii) (No change.) (iii) The overall totals presented on Form CI-EP-L (Revised 1992) or CI-EP-DIS (Revised 1992) must agree to the appropriate lines on the Form CI-EX-L (Revised 1992) or CI-EX-DIS (Revised 1992) to which they are attached. (iv) Note that Form CI-EP-L (Revised 1992) and Form CI-EP-DIS (Revised 1992) include actual earned premium at the presumptive rate, in effect at the end of the reporting year, on line A. This data is for balancing purposes only, and in no way indicates that Form CI-EP-L (Revised 1992) or CI-EP-DIS (Revised 1992) must be completed if actual earned premium is equal to presumptive earned premium, in effect at the end of the reporting year. (B) Form CI-EP-L (Revised 1992)-credit life insurance. (i) Presumptive earned premium (Column 4) is the product of actual earned premium (Column 1) times the conversion factor (Column 2/ Column 3). (ii) See also subparagraph (A)(iii) and (iv) of this paragraph. (C) Form CI-EP-DIS (Revised 1992)-credit disability insurance. (i) Since deviated rates generally can be expressed as a percentage of the presumptive rates, the conversion factor will tend to be constant for all periods. When using Form CI-EP-DIS (Revised 1992), the conversion factor to be utilized is the average of three ratios taken between presumptive and actual rates for 12-, 24-, and 36-month terms. The sum of these ratios, divided by three, becomes the conversion factor. (ii) Presumptive premium rates are to be presented on Line A, Columns 2-4 of Form CI-EP-DIS (Revised 1992), as applicable. All ratios (Line b) are to be calculated by dividing Line A by Line a. (iii) These forms should be reproduced as necessary to present the required conversion for all premium rates in force during the experience period. (iv) See also subparagraph (A)(iii) and (iv) of this paragraph. (k) Reconciliation forms (CI-R-L (Revised 1992) and CI-R-DIS (Revised 1992). (1) The purpose of this form is to present a reconciliation between current- year data presented on the various forms, CI-EX-L (Revised 1992) and CI-EX-DIS (Revised 1992) and the total presented on the page entitled "DIRECT BUSINESS IN THE STATE OF TEXAS DURING THE YEAR" (commonly known as the "state page") (46) of the annual statement. (2) Form CI-R-L (Revised 1992) is applicable to credit life insurance and Form CI-R-DIS (Revised 1992) is applicable to credit disability insurance. (A) Due to the volume of forms CI-EX-L (Revised 1992) and CI-EX-DIS (Revised 1992) which may be filed, each such form will be listed by page number only on the appropriate form, CI-R-L (Revised 1992) or CI-R-DIS (Revised 1992). Each form, CI-EX-L (Revised 1992) or CI-EX-DIS (Revised 1992), must contain a page number to identify it on forms, CI-R-L (Revised 1992) and CI-R-DIS (Revised 1992). (B) Line references included in column headings refer to the appropriate form CI-EX-L (Revised 1992) or CI-EX-DIS (Revised 1992). (C) This form should be reproduced as necessary to include all forms CI-EX-L (Revised 1992) or CI-EX-DIS (Revised 1992). (l) Experience data submissions on diskette. The experience data of each carrier must be submitted on diskette. The diskette will be furnished by the Texas Department of Insurance. The experience data shall be entered onto the diskette and returned along with a hard copy of the information. Any carrier who cannot comply with the filing of their credit experience data on diskette shall contact the Credit Life and Accident and Health Section of the Texas Department of Insurance immediately, after receiving the credit experience data call packet, to request an alternative method for filing of their experience data. The request for using an alternative method for the submission of experience data shall be forwarded to the Texas Insurance Department, Credit Life and Credit Accident and Health Section, MC 106-1C, P.O. Box 149104, Austin, Texas 78714-9104. (m) Notice of dates for submission of credit experience annual call documents. The dates for submission of credit insurance annual experience call documents will be listed in a letter written under the Insurance Code, Article 1.24. The letter will list dates for submission that will allow a reasonable period of time for insurers to comply with the request for the documents. 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 July 14, 1993. TRD-9325717 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: August 4, 1993 Proposal publication date: April 9, 1993 For further information, please call: (512) 463-6327 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter S. Interstate Motor Carrier Sales and Use Tax 34 TAC sec.3.446 The Comptroller of Public Accounts adopts an amendment to sec.3.446, concerning lease price, sales price, and purchase price, without changes to the proposed text as published in the June 4, 1993, issue of the Texas Register (18 TexReg 3551). The amendment is necessary to clarify the taxable value of leased motor vehicles by providing for both variable priced contracts and fixed price contracts. No comments were received regarding adoption of the amendment. The amendment is adopted under the Tax Code, sec.111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2. 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 July 13, 1993. TRD-9325656 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: August 3, 1993 Proposal publication date: May 26, 1993 For further information, please call: (512) 463-4028 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 15. Medicaid Eligibility Subchapter C. Basic Program Requirements 40 TAC sec.15.310, sec.15.320 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.15.310, 15.320, 15.600, 15.615, and 15.620; and new sec.sec.15.601, 15.603, 15.604, 15.607, 15.609, 15.611, 15.612, 15.617, 15.619, 15.621, and 15.623. The new sec.15.609, and sec.15.611 are adopted with changes to the proposed text as published in the May 28, 1993, issue of the Texas Register (18 Tex Reg 3397). The amendments to sec.sec.15.310, 15.320, 15.600, 15.615, and 15.620; and new sec.sec.15.601, 15.603, 15.604, 15.607, 15.612, 15.617, 15.619, 15.621, and 15.623 are adopted without changes and will not be republished. The amendments and new sections are justified to include additional policy and procedures regarding Medicaid eligibility. The amendments and new sections will function by ensuring that the uniform application of procedures will occur statewide. No comments were received regarding adoption of the amendments and new sections. DHS, however, is adopting new sec.15.609 and sec.15.611 with minor changes to clarify that the rules regarding applicants and their allowed representatives and allowed signatures also apply to medical assistance only recertifications. In sec.15.909, subsection (c) was added to include that the requirements in subsections (a) and (b) also apply to medical assistance only recertifications. ln sec.15.611, subsection (d) was added to clarify that the requirements in subsections (a),(b), and (c) also apply to medical assistance only recertifications. The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413(502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. 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 July 13, 1993. TRD-9325671 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: September 1, 1993 Proposal publication date: May 28, 1993 For further information, please call: (512) 450-3765 Subchapter G. Application for Medicaid 40 TAC sec.sec.15.600, 15.615, 15.620 The amendments are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413(502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. 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 July 13, 1993. TRD-9325672 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: September 1, 1993 Proposal publication date: May 28, 1993 For further information, please call: (512) 450-3765 40 TAC sec.sec.15.601, 15.603, 15.604, 15.607, 15.609, 15.611, 15.612, 15.617, 15.619, 15.621, 15.623. The new sections are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. sec.15.609. Applicants and Their Allowed Representatives. (a) The Texas Department of Human Services must allow an individual or individuals of the client's choice to accompany, assist, and represent the client in the application process. A responsible party or bona fide agent is a person who is familiar with the client and knowledgeable of the client's financial affairs. If a client's responsible party is not his spouse, parent, legal guardian, immediate family member, or holder of his power of attorney, evidence of written authorization by that client for the independent party to file for benefits on the client's behalf must be provided. (b) Nursing facility staff, hospital discharge planning staff, and hospital collection agency staff are not considered bona fide agents to file an application on behalf of a client unless they have the client's written authorization. If none of the persons described in this subsection are available to complete the application for assistance, the eligibility specialist uses the application as a recording document, while documenting on the Medical Assistance Only Worksheet contacts with all sources having knowledge of the client's finances. (c) The requirements in subsections (a) and (b) of this section also apply to medical assistance only recertifications. sec.15.611. Allowed Signatures. (a) In order of preference, the application for assistance should be signed by: (1) the client, if 18 years old or over, mentally competent, and physically able; (2) the client's parent(s) or court-appointed guardian, if the client is under age 18; (3) the client's guardian of estate, if the client is age 18 or over and has a court-appointed guardian. In this situation, the guardian of person is not required to sign; (4) the client's spouse, if the client is 18 years or over and physically unable to sign; (5) the individual holding the client's power of attorney (POA), if the client is 18 years or over and physically unable to sign. This would substantiate that the client authorized the POA to act on the client's behalf; (6) someone other than the persons listed in paragraphs (1)-(5) of this subsection may sign on the signature line for the responsible party if the client is 18 or over, physically unable, and does not have a legal guardian, spouse, or POA. (b) A person who signs an application or redetermination form for a client must furnish evidence of the authority to complete and sign an application on behalf of a client. Such evidence may be a copy of guardianship papers, POA papers, or, in the absence of a guardianship or POA, a written statement describing the representative's relationship to the client and responsibility for the client's care. Such a statement is not required from the parent or spouse of a client. (c) If the client makes an "X" on the signature line for applicant/recipient, two witnesses must sign on the signature lines for witnesses. (d) The requirements in subsections (a) , (b), and (c) of this section also apply to medical assistance only recertifications. 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 July 13, 1993. TRD-9325673 Nancy Murphy Section Manger, Policy and Document Support Texas Department of Human Services Effective date: September 1, 1993 Proposal publication date: May 28, 1993 For further information, please call: (512) 450-3765 Care for Aged and Disabled 40 TAC sec.48.2911 The Texas Department of Human Services (DHS) adopts an amendment to sec.48. 2911 concerning family care, without changes to the proposed text as published in the June 11, 1993, issue of the Texas Register 18 TexTeg 3688). The justification for the amendment is to require clients to pursue eligibility for Medicaid-funded attendant care services or be denied eligibility for family care services. The amendment will function by allowing limited Title XX funding to only be spent on those clients who are not eligible for Medicaid-funded attendant care services. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, which provides the department with the authority 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 July 14, 1993. TRD-9325711 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: September 1, 1993 Proposal publication date: June 11, 1993 For further information, please call: (512) 450-3765 Eligibility 40 TAC sec.48.2918 The Texas Department of Human Services (DHS) adopts an amendment to sec.48. 2918, without changes to the proposed text as published in the June 4, 1993, issue of the Texas Register (18 TexReg 3562). The justification for the amendment is to increase the maximum number of hours per week of primary home care services that a Priority 1 client can receive. The amendment will function by assisting individuals who need additional hours of service to remain in the community. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Civil Statutes, Article 4413 (502), sec.16, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds. 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 July 13, 1993. TRD-9325675 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: September 1, 1993 Proposal publication date: June 4, 1993 For further information, please call: (512) 450-3765 Part II. Texas Rehabilitation Commission Chapter 113. Comprehensive Rehabilitation Services 40 TAC sec.113.1 The Texas Rehabilitation Commission adopts the repeal of sec.113.1 concerning policy and procedure, without changes to the proposed text as published in the April 30, 1993, issue of the Texas Register (18 TexReg 2846). The Texas Rehabilitation Commission repeals sec.113.1 concerning Comprehensive Rehabilitation Services. The repeal is needed in order to adopt a more detailed Chapter 13 to increase public awareness of the Comprehensive Rehabilitation Services. The repeal will allow the Texas Rehabilitation Commission to adopt a detailed set of rules which will increase public awareness of the Comprehensive Rehabilitation Services Program. No comments were received regarding adoption of the repeal. The repeal is adopted under the Texas Human Resources Code, Title 7, which provides the Texas Rehabilitation Commission with the authority to make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, investigation, and determination for rehabilitation and other services, procedures for hearings, and other regulations subject to this section; as necessary to carry out the purposes of this chapter. The Statutory Authority Cross Referencing Texas Human Resources Code, Title 7, sec.11.060, Comprehensive Rehabilitation Fund. 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 July 9, 1993. TRD-9325666 Charles W. Schiesser Associate Commissioner for Legal Services Division Texas Rehabilitation Commission Effective date: August 3, 1993 Proposal publication date: April 30, 1993 For further information, please call: (512) 483-4051 40 TAC sec.sec.113.1-113.5 The Texas Rehabilitation Commission adopts new sec.sec.113.1-113.5 concerning comprehensive rehabilitation services. Section 113.4 is adopted with changes to the proposed text as published in the April 30, 1993, issue of the Texas Register (18 TexReg 2846). Sections 113.1, 113.2, 113.3, and 113. 5 are adopted without changes and will not be republished. The new sections are needed to adopt a more detailed Chapter 13 to increase public awareness of the Comprehensive Rehabilitation Services. The new sections will provide the public with a comprehensive view of services for persons with traumatic spinal cord and post-acute services for persons with traumatic brain injury. One comment was received recommending that "speech therapists" be changed to "speech language pathologist." The Commission agrees. Commenting in favor of the new rules was the State Committee of Examiners for Speech-Language Pathology and Audiology. The new sections are adopted under the Texas Human Resources Code, Title 7, which provides the Texas Rehabilitation Commission with the authority to make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, investigation, and determination for rehabilitation and other services, procedures for hearings, and other regulations subject to this section; as necessary to carry out the purposes of this chapter. The Statutory Authority Cross Referencing Texas Human Resources Code, Title 7, sec.11.060, Comprehensive Rehabilitation Fund. sec.113.4. Services Provided. (a) Inpatient Hospitalization at a Comprehensive Rehabilitation Facility. Services may include: (1) medical management; (2) rehabilitation nursing; (3) physical, occupational, and speech therapy; (4) pulmonary medical services; (5) laboratory testing; (6) x-ray services; (7) orthotics and prosthetics; (8) communication devices; (9) drugs, medical supplies, and equipment; (10) psychological/neuropsychological services; (11) social services; (12) recreational services; (13) nutritional services; (14) patient and family education; (15) discharge planning; and (16) drugs and medical supplies at discharge. (b) Outpatient Services. Services may include: (1) physical therapy; (2) occupational therapy; (3) speech-language pathology; (4) psychological/neuropsychological services; (5) personal assistance services; (6) recreational services; (7) cognitive therapy; (8) behavioral therapy; (9) clinic follow-up visits; (10) orthotic and prosthetic devices; (11) communication devices; and (12) drugs and medical supplies. (c) Post-Acute Services (residential or non-residential -limited to individuals with TBI). Services may include: (1) cognitive retraining; (2) behavioral management; (3) coping skills; (4) compensatory skills; (5) bio feedback; and (6) traditional therapies. 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 July 9, 1993. TRD-9325665 Charles W. Schiesser Associate Commissioner for Legal Services Division Texas Rehabilitation Commission Effective date: August 3, 1993 Proposal publication date: April 30, 1993 For further information, please call: (512) 483-4051 Part IX. Texas Department on Aging Chapter 255. State Delivery Systems Area Agency Designation 40 TAC sec.255.35. The Texas Department on Aging adopts an amendment to sec.255.35(i) concerning identification of area agencies on aging, by the display of a sign outside their physical location, with changes to the proposed text as published in the April 20, 1993, issue of the Texas Register (18 TexReg 2551). The amendment is necessary to assure that participants in Title III programs may more easily locate the focal point for these services in their community and also to insure that greater visibility is provided for area agencies on aging and the programs they manage. The amendment will function to improve the operation and visibility of area agencies on aging in leadership, advocacy, systems building, access to services, and accountability. During the public comment period, comments were received from the Texas Association of Regional Councils (TARC). The TARC stated that many area agencies are in rented space which restrict or prohibit outside signs. They also remarked that there are instances were area agencies are located in metropolitan areas but provide services in surrounding counties only, which might be a sources of confusion to elderly program participants. Response: The Texas Department on Aging agrees that circumstances may exist which would preclude the display of outside signs. Consequently, the language in Subsection (i)(5), referring to the effective date of implementation of this requirement, has been amended to permit grantees to submit a waiver. The amendment is adopted under the Human Resources Code, Chapter 101, which provides the Texas Department on Aging with the authority to promulgate rules governing the operations of the Department. sec.255.35. Operating an Area Agency on Aging. (a)-(h) (No change.) (i) Identification of Area Agencies on Aging facilities. Language will be prominently displayed on a sign outside the location utilized as an area agency on aging indicating the name of the area agency on aging to assure clearly visible access to persons wishing to visit the physical location of the area agency on aging. (1) This signage will adhere to local ordinances concerning signage. (2) The signage will also conform to the uniform logo requirements for Area Agencies on Aging prescribed in subsection (f) of this section. (3) The signage will also conform to the citation requirements of the Texas Department on Aging as the primary funding source as prescribed in subsection (h) of this section. (4) Failure to physically demonstrate adherence to this policy will be considered noncompliance with this rule. (5) The effective date for implementation of this standard on signage will be effective no later than December 1993 unless a waiver has been obtained from the Texas Department on Aging. 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 July 9, 1993. TRD-9325708 Mary Sapp Executive Director Texas Department on Aging Effective date: Proposal publication date: April 20, 1993 For further information, please call: (512) 444-2727