Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part V. General Services Commission Chapter 113. Central Purchasing Division Catalogue Purchase Procedure for Automated Information Systems 1 TAC sec.113.19 The General Services Commission adopts on an emergency basis new sec.113. 19, concerning the catalogue purchase procedure for automated information systems. The section establishes the application process and sets the standards and criteria vendors must satisfy to be designated by the commission as qualified information system vendors so they may market automated products and services from their catalogues. The section is adopted on an emergency basis because the law authorizing this method of purchase is now in effect but cannot be implemented without procedure guidelines, and a delay in implementation will unnecessarily cause financial loss to state agencies and political subdivisions through significantly higher administrative costs. The new section is adopted under Texas Civil Statutes, Article 601b, sec.3. 081, which provide the General Services Commission with the authority to promulgate rules necessary to accomplish the purpose of the section. sec.113.19. Catalogue Purchase Procedure for Automated Information Systems. (a) Upon registration on the commission's bidders list, a vendor wishing to sell or lease automated information systems to eligible purchasers shall apply to the commission for designation as a qualified information systems vendor by submitting a written application on company letterhead detailing its: (1) abilities to satisfy the state's automation information systems needs; (2) number of years in business; (3) name, address, telephone number, and point of contact for three business references; and (4) signature of an authorized representative. (b) The following must accompany a vendor's application: (1) the vendor's catalogue describing: (A) all products and services eligible for purchase or lease; (B) the list price of each product or service; and (C) the discounted price to the state for each product and service to the state; (2) the vendor's maintenance, repair and support plan for all eligible products and services; (3) proof of the vendor's financial resources and ability to perform; (4) a guarantee that the vendor will make available repair and replacement parts as well as wiring diagrams for products sold for at least three years from the date of a product's discontinuation; (5) a statement detailing the geographic area in Texas to which the vendor desires to market catalogue products and services; (6) a statement certifying that: (A) the vendor has reviewed the rules promulgated by the Department of Information Resources (DIR) and that all products and services offered in the vendor's catalogue conform and comply with all applicable standards adopted by the DIR; (B) the vendor has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with catalogue purchase transactions; (C) the vendor is not currently delinquent in the payment of any franchise tax owed the State of Texas under Chapter 171 TAX Code; (D) the vendor assigns to purchaser any and all claims for overcharges associated with any catalogue transaction which arise under the antitrust laws of the United States or the State of Texas; and (E) the vendor will protect eligible purchasers from claims involving infringement of patents or copyrights; (7) a statement acknowledging that any terms and conditions in the vendor's catalogue that conflict with the Constitution or laws of the State of Texas shall not be enforceable and, therefore, will not be binding. (c) The State of Texas is committed to assisting Historically Underutilized Businesses (HUBs) to receive at least 30% of the total value of all state business transactions. If the vendor is certified as a Texas HUB, the vendor shall provide its five digit certification number in the application. If the vendor qualifies as a HUB, but is not certified by the State of Texas as such, the vendor should contact the commission to obtain a certification application. Upon the request of eligible purchasers, the vendor will be required to detail the amount of expenditures that have been made to material suppliers and subcontractors that are Texas certified HUBs. A vendor that has demonstrated past HUB participation is still expected to provide documentation using the reporting forms provided by eligible purchasers to show its good faith effort in achieving the state's 30% goal. (d) Upon receipt of a properly completed application, the Director for Purchasing or the Director's designee shall give consideration to the following standards and criteria when deciding to designate a vendor as a qualified information systems vendor: (1) the technical adequacy and reliability of the vendor's products as demonstrated by conformity to all state and federal requirements, including but not limited to ANSI, FCC, NEMA, OSHA, and UL standards; (2) all factors set forth in Texas Civil Statutes, Article 601b, sec.311(e); (3) the vendor's past and current status on the commission's bidders list and any unresolved complaints on record; and (4) the ability of the vendor, as determined by the commission in its sole discretion, to provide adequate and reliable support and maintenance, currently and in the future, for all products and services detailed in the vendor's catalogue for the geographic area in Texas to which the vendor desires to market products and services. (e) A vendor designated as a qualified information systems vendor shall be notified in writing of the designation by the commission. Once designated as a qualified information systems vendor, the vendor shall publish and maintain a catalogue listing all products and services available for purchase. Catalogues shall be provided to all eligible purchasers upon request. (f) An application that is incomplete or that contains inaccurate information will be rejected and the vendor notified. (g) Each catalogue supplied by a vendor shall: (1) be printed on 8-1/2 by 11 inch recycled paper; (2) be three-hole punched for inclusion in a three ring binder of catalogues; (3) list available products and services utilizing the five digit class and item numbering structure of the commission's Commodity Code Book; (4) describe all products and services eligible for purchase; (5) include the list price of each product or service; (6) show the discounted price to the state for each product and service; (7) show discounted pricing for quantity discounts and specific terms for prompt payment discounts that may be earned; (8) bear its effective date; (9) detail the geographic area in Texas the vendor has been authorized by the commission to cover; (10) provide necessary ordering information (vendor name, ordering address, points of contact, phone numbers, etc.); and (11) bear the statement: "This is a true and accurate copy of the catalogue approved and on file with the General Services Commission." (h) The vendor is encouraged to include an itemization in their catalogue or otherwise identify any and all automation information systems products which: (1) contain recycled or remanufactured parts, including the percentage of the total product that is recycled or remanufactured and the percentage of recycled material that is post consumer; and (2) possess energy saving features. (i) The vendor shall update its catalogue as needed to reflect changes in price and the availability of products or services offered. Updates may be in the form of amendments to the current catalogue or issuance of supplemental catalogues in compliance with subsection (g) of this section. Copies of updated catalogues shall be provided to the commission and all eligible purchasers who have previously been provided catalogues. (j) Each vendor is encouraged to make its catalogue available to eligible purchasers using an electronic format to allow electronic data interchange. (k) The vendor must provide the commission with the following information to maintain its qualification status: (1) semiannual reports, due to the commission by the 15th of March and September, detailing the volume and value of orders placed by each eligible purchaser during the preceding three calendar months, showing: (A) the eligible purchaser's identity; (B) the purchaser's requisition or purchase order number and its date; (C) the class and item designations of the products and services ordered; (D) a brief description of the items ordered; (E) the quantity of each item ordered; and (F) each item's unit cost and the order total; or semiannual reports shall be provided indicating no orders placed with the vendor during the reporting period, if applicable; (2) immediate reports of any and all additional terms and conditions negotiated with eligible purchasers; such additional terms and conditions are subject to disclosure under the Texas Open Records Act. (1) Failure of a vendor to provide required reports or failure to conform with any other commission rules may result in suspension or removal from the commission's bidders list. A vendor that has been suspended or removed may not market or sell products or services to the state until the cause of the suspension or removal has been resolved and the vendor reinstated to the commission's bidders list. (m) The vendor shall retain all records related to any business transaction under the Catalogue Purchase Procedure for Automated Information Systems for five years from the date of the purchase order. The records shall be provided on request to the commission or the actual purchaser. (n) State agencies covered by the Information Resources Management Act and local governments that have complied with the commission's rules regarding participation in the Cooperative Purchasing Program may purchase or lease automated information systems products and services directly from a qualified information systems vendor, and may negotiate additional terms and conditions to be included in contracts for the purchase or lease, provided the purchase or lease represents the best value available and is in the state's best interests. Preference shall be given to qualified information systems vendors who sell or lease products or services pursuant to Texas Civil Statutes, Article 601b, s3.20. In this section, the best value available means the lowest overall cost of considering the following factors, as well as any other relevant factors: (1) the overall life cycle cost of the system or equipment, including the purchase price, installation costs and hardware costs; (2) estimated cost of employee training and estimated increase in employee productivity; (3) estimated software and maintenance costs; (4) compatibility to facilitate exchange of existing data; (5) capacity for expansion and upgrading to more advanced levels of technology; (6) quantitative reliability factors; (7) the level of training required to bring end-users to a stated level of proficiency; (8) the technical support requirements for maintenance of data across a network platform and management of the network's hardware and software; and (9) compliance with applicable statewide standards adopted by the DIR or a subsequent entity as validated by criteria established by administrative rule. (o) Purchases of automated information systems shall be made using the catalogue purchase procedure unless the commission or eligible purchaser determines that the best value available accrues from an alternative purchase method authorized by Texas Civil Statutes, Article 601b, in which case the purchase shall be made using that method of purchase. Issued in Austin, Texas, on July 27, 1993. TRD-9326492 Judith M. Porras General Counsel General Services Commission Effective date: July 29, 1993 Expiration date: November 26, 1993 For further information, please call: (512) 463-3583 TITLE 22. EXAMINING BOARDS Part XVII. Texas State Board of Plumbing Examiners Chapter 361. Administration General Provisions 22 TAC sec.361.1, sec.361.6 The Texas State Board of Plumbing Examiners adopts on an emergency basis amendments to sec.361.1 and sec.361.6. The emergency adoption of these amendments is a direct result of the following legislation passed during the 73rd Texas Legislature: Senate Bill 813 (Water Supply Protection Specialist) and House Bill 740 (Medical Gas Endorsement). Senate Bill 813 directs the Texas State Board of Plumbing Examiners to issue water supply protection specialist endorsements to master and journeyman plumbers to inspect plumbing work or the installation of a public water system distribution facility or of customer-owned plumbing connected to that system's water distribution lines to ensure compliance with health and safety and water protection law. House Bill 740 directs the Texas State Board of Plumbing Examiners to issue medical gas piping installation endorsements to master and journeyman plumbers to install pipe, systems, and equipment used solely to transport gases used for medical purposes. The Texas State Board of Plumbing Examiners finds that imminent peril to the public health, safety, and welfare exists that requires the emergency adoption of these amendments because of the following: many communities in Texas have not had their water supply systems inspected because there is no certified inspector available to inspect their systems, a system that has not been inspected presents a public health risk to the people of Texas, the State of Texas could lose federal funding if it fails to monitor and inspect systems in accordance with the Federal Safe Drinking Water Act 42 United States Code 300 (et seq); many medical gas systems have been installed in such a manner as to facilitate infection and/or to provide an unintended and perhaps lethal mixture of gases. The amendments to sec.361.1 and sec.361.8 concern appropriate syntax additions, definitions, and fee structure. The amendments are adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law. sec.361.1. Definitions. The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise. Act-The Plumbing License Law, Texas Civil Statutes, Article 6243-101, as amended. Administrative Act -The Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, as amended. Administrator-The board-appointed executive head of the administrative staff. Agency-Any board, commission, department, or officer having statewide jurisdiction to make rules or determine contested cases other than an agency wholly financed by federal funds, the legislature, the courts, the Texas Workers' Compensation Commission
    [Industrial Accident Board] , and institutions of higher education. Applicant-An individual seeking to obtain a license or endorsement. Appliance Connection -A minor appliance connection procedure that does not require cutting into existing piping. Board-The Texas State Board of Plumbing Examiners. Board Member-An individual appointed by the governor and confirmed by the senate to serve on the board. Code-The Texas Administrative Code, as provided in Texas Civil Statutes, Article 6252-13b, as amended. Complaint-A written charge alleging: (A) violation of state law, board rules or orders, local codes or ordinances, or standards of competency; or (B) the presence of fraud, false information, or error in the attempt to obtain a license or endorsement. Contested Case -A proceeding, including but not limited to rulemaking and licensing, in which the agency determines the legal right, duties, and privileges of a party after allowing an opportunity for adjudicative hearing of the case. Endorsement-A certification issued by the board in addition to the master or journeyman plumber license. Field Representative -An individual: (A) informed and knowledgeable about the plumbing act and related municipal ordinances; (B) trained and experienced in good plumbing practice; (C) employed and designated by the board as qualified to assist in the enforcement of this act and rules adopted under it. Hardship-A set of circumstances that warrants the boards consideration of waivers or special procedures. Journeyman Plumber -An individual other than a master plumber who: (A) supervises over, engages in, or works at the actual installation, alteration, repair, service, or renovation of plumbing; and (B) has successfully completed the examinations and met the board's requirements for journeyman status. License-A document issued by the board to certify that the cited person fulfilled the requirements of the act and of these rules. Licensing-The process of granting, denying, renewing, revoking, or suspending a license or endorsement. Maintenance Man or Maintenance Engineer-An employee, as opposed to an independent contractor, who performs minor plumbing maintenance work only in connection with other duties. This work is of an incidental nature as opposed to plumbing repair work which requires a license. It does not include a person who erects, builds, or installs plumbing not already in existence. Such maintenance persons shall not engage in plumbing work for the general public. Master Plumber -An individual: (A) skilled in the planning, superintending, and the practical installation, repair, alteration, service, and renovation of plumbing; (B) familiar with the codes, ordinances, laws, and rules governing plumbing matters and authorized to obtain permits for the undertaking of plumbing installation or service; (C) successful in completing the examinations and meeting the board's requirements for master plumber status. Medical Gas Piping Installation Endorsement-A document entitling the holder of a master or journeyman plumber license to install pipe used solely to transport gases used for medical purposes. Medical Gas Piping Technician-A master or journeyman plumber who holds a medical gas piping installation endorsement. Party-Each person named or admitted in association with an action as a party. Person-An individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. Petitioner-A person asking the board to adopt a rule. Plumbing Apprentice -An individual other than a master plumber or journeyman plumber whose principal occupation is learning about and assisting in the installation of plumbing. Plumbing-Includes the following: (A) all piping, fixtures, appurtenances, and appliances, including disposal systems, drain or waste pipes, or any combination of these that: (i) supply, recirculate, drain, or eliminate water, gas, liquids, and sewage for all personal or domestic purposes in and about buildings where persons live, work, or assemble; (ii) connect the building on its outside with the source of water, gas, or other liquid supply, or combinations of these, on the premises, or the water main on public property; and (iii) carry waste water or sewage from or within a building to the sewer service lateral on public property or the disposal or septic terminal that holds private or domestic sewage; (B) the installation, repair, service, maintenance, alteration, or renovation of all piping, fixtures, appurtenances, and appliances on premises where persons live, work, or assemble that supply gas, water, liquids, or any combination of these, or dispose of waste water or sewage. Plumbing Inspector -An individual with no financial or advisory interests in any plumbing company who: (A) is employed by a political subdivision to check plumbing work for compliance with health and safety laws and ordinances; and (B) has successfully completed the examinations and met the board's requirements for plumbing inspector status. Regularly Employed -Steadily, uniformly, or habitually working in an employer-employee relationship with a view of earning a livelihood, as opposed to working casually or occasionally. Respondent-A person charged in a complaint filed with the board. Roster of Licensees -A statewide directory giving the names and addresses of currently licensed master plumbers, journeyman plumbers, and plumbing inspectors, and any other information deemed pertinent by the board. Rule-An agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the agency. The term includes the amendment or repeal of a prior rule but does not include statements concerning only the internal management or organization of the agency and not affecting private rights or procedures. System-An interconnection between one or more public or private end users of water, gas, sewer, or disposal systems that could endanger public health if improperly installed. Water Supply Protection Specialist-A master or journeyman plumber who holds an endorsement issued by the board to inspect plumbing work or installation of a public water system distribution facility or customer-owned plumbing connected to that system's water distribution lines. The purpose of this inspection shall be to ensure compliance with health and safety and water protection law. Water Treatment -A business conducted under contract to analyze, then alter or purify influent or effluent water by adding or removing a mineral, chemical, or bacterial content or substance. The term includes the installation, exchange, servicing, or repair of fixed or portable water treatment equipment or connections necessary to the installation of such equipment in public or private water treatment systems. Water Treatment Certificate-A document issued by the Texas Department of Health certifying that the named person complies with department rules for engaging in water treatment. sec.361.6. Fees. (a) The board has established the following fees: (1) Licenses. (A) Master license-$75; (B) Journeyman license-$12; (C) Medical gas installation endorsement (Master)-$50; (D) Medical gas installation endorsement (Journeyman)-$12; (E)
      [(C)] Plumbing inspector license-$50; (F) Water supply protection specialist endorsement-$12. (2) Examinations. (A) Master examination-$75; (B) Journeyman examination-$25; (C) Medical gas installation endorsement (Master)-$75; (D) Medical gas installation endorsement (Journeyman)-$25; (E)
        [(C)] Plumbing inspector examination-$25; (F) Water supply protection specialist endorsement-$25. (3) Renewals. (A) [Renewal of] Master license-$75; (B) [Renewal of] Journeyman license-$12; (C) Medical gas installation endorsement (Master)-$50; (D) Medical gas installation endorsement (Journeyman)-$12; (E)
          [(C)] [Renewal of] Plumbing inspector license-$50; (F) Water supply protection specialist endorsement-$12. (4) Other fees. (A) Late renewal. (i) Master-less than 90 days-one-half: (I) examination fee -$37.50; (II) more than 90 days-examination fee-$75; (i) Medical gas installation endorsement (Master) less than 90 days-one half: (I) examination fee-$37.50; (II) more than 90 days-examination fee-$75; (iii) Medical gas installation endorsement (Journeyman) -less than 90 days-one half; (I) examination fee-$12.50; (II) more than 90 days-examination fee-$25; (iv)
            [(ii)] Journeyman-less than 90 days-one-half: (I) examination fee -$12.50; (II) more than 90 days-examination fee-$25; (v) Water supply protection specialist-less than 90 days-one half: (I) examination fee-$12.50; (II) more than 90 days-examination fee-$25; (B) Duplicate license or new license with change of name -$10. (C) Copies-$.50 for the first page $.15 for each additional copy. (D) Returned check-$10. (b) Methods of payment. (1) Examination fees shall be paid: (A) at the agency office in the form of cash, cashier's check, or money order, or, only in the case of the inspector's examination, in the form of a city check; or (B) by mail in the form of cashier's check or money order, or, only in the case of the inspector's examination, in the form of a city check. (2) Licensing and endorsement
              fees shall be paid: (A) at the agency office in the form of cash, cashier's check, personal check (including company check), or money order, or, only in the case of the inspector's license, in the form of a city check; or (B) by mail in the form of cashier's check, personal check (including company check), or money order, or, only in the case of the inspector's license, in the form of a city check. (3) License and endorsement
                renewal fees shall be paid: (A) at the agency office in the form of cash, cashier's check, personal check (including company check), or money order, or, only in the case of the inspector's license, in the form of a city check; or (B) by mail in the form of cashier's check, personal check (including company check), or money order, or, only in the case of the inspector's license, in the form of a city check. (c) A person shall pay the appropriate fee prior to the time of testing or at the time of testing. For licensing , endorsement
                  and renewal, the appropriate fee shall be paid prior to issuance of the license , endorsement,
                    or renewal. (d) The board, under any special circumstances it finds appropriate, may: (1) waive any requirements concerning the method or timing of payment of any fee; (2) refund any fee; or (3) waive payment of any fee not required by statute. Issued in Austin, Texas, on July 19, 1993. TRD-9326578 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: July 30, 1993 Expiration date: November 27, 1993 For further information, please call: (512) 458-2145 Petition for Adoption of Rules 22 TAC sec.361.22 The Texas State Board of Plumbing Examiners adopts on an emergency basis an amendment to sec.361.22 concerning contested cases: hearings. The emergency adoption of the amendment is a direct result of the following legislation passed during the 73rd Texas Legislature Senate Bill 813 (Water Supply Protection Specialist) and House Bill 740 (Medical Gas Endorsement). Senate Bill 813 directs the Texas State Board of Plumbing Examiners to issue water supply protection specialist endorsements to master and journeyman plumbers to inspect plumbing work or the installation of a public water system distribution facility or of customer-owned plumbing connected to that system's water distribution lines to ensure compliance with health and safety and water protection law. House Bill 740 directs the Texas State Board of Plumbing Examiners to issue medical gas piping installation endorsements to master and journeyman plumbers to install pipe, systems, and equipment used solely to transport gases used for medical purposes. The Texas State Board of Plumbing Examiners finds that imminent peril to the public health, safety, and welfare exists that requires the emergency adoption of these amendments because of the following: many communities in Texas have not had their water supply systems inspected because there is no certified inspector available to inspect their systems, a system that has not been inspected presents a public health risk to the people of Texas, the State of Texas could lose federal funding if it fails to monitor and inspect systems in accordance with the Federal Safe Drinking Water Act 42 United States Code 300 (et seq); many medical gas systems have been installed in such a manner as to facilitate infection and/or to provide an unintended and perhaps lethal mixture of gases. The amendment to sec.361.22 concern appropriate Syntax additions. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law. sec.361.22. Contested Cases: Hearings. (a) The board shall provide for a hearing after issuing a formal complaint that: (1) charges an individual with any of the actions specified as grounds for disciplinary action; or (2) would prevent an otherwise qualified individual from obtaining license or endorsement
                      , a license or endorsement
                        renewal, or permission to take an examination. (b) The board shall afford an opportunity for a hearing to all parties, giving them reasonable notice of not less than 10 days before the hearing. (c) The board shall conduct the hearing in accordance with all applicable provisions of the administrative act. Issued in Austin, Texas, on July 19, 1993. TRD-9326579 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: July 30, 1993 Expiration date: November 27, 1993 For further information, please call: (512) 458-2145 Chapter 363. Examination Qualifications 22 TAC sec.sec.363.1, 363.5, 363.7, 363.9, 363.11 The Texas State Board of Plumbing Examiners adopts on an emergency basis amendments to sec.sec.363.1, 363.5, 363.7, 363.9, and new sec.363.11. The emergency adoption of these amendments is a direct result of the following legislation passed during the 73rd Texas Legislature: Senate Bill 813 (Water Supply Protection Specialist) and House Bill 740 (Medical Gas Endorsement). Senate Bill 813 directs the Texas State Board of Plumbing Examiners to issue water supply protection specialist endorsements to master and journeyman plumbers to inspect plumbing work or the installation of a public water system distribution facility or of customer-owned plumbing connected to that system's water distribution lines to ensure compliance with health and safety and water protection law. House Bill 740 directs the Texas State Board of Plumbing Examiners to issue medical gas piping installation endorsements to master and journeyman plumbers to install pipe, systems, and equipment used solely to transport gases used for medical purposes. The Texas State Board of Plumbing Examiners finds that imminent peril to the public health, safety, and welfare exists that requires the emergency adoption of these amendments because of the following: many communities in Texas have not had their water supply systems inspected because there is no certified inspector available to inspect their systems, a system that has not been inspected presents a public health risk to the people of Texas, the State of Texas could lose federal funding if it fails to monitor and inspect systems in accordance with the Federal Safe Drinking Water Act 42 United States Code 300 (et seq); many medical gas systems have been installed in such a manner as to facilitate infection and/or to provide an unintended and perhaps lethal mixture of gases. The amendments to sec.sec.363.1, 363.5, 363.7, 363.9, and new sec.363.11 concerning appropriate syntax additions; criteria to obtain the water supply protection specialist endorsement and the medical gas technician endorsement; and criteria to offer a training program in water supply protection and medical gas installation. The amendments and new section are adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law. sec.363.1. Qualifications. (a) Master Plumber. Each applicant must: (1) be at least 20 years of age; (2) be licensed either as: (A) a journeyman plumber in Texas or another state and must have held the journeyman license for at least one year before filing the master plumber application; or (B) a master plumber in another state in which case the applicant need not be currently licensed at the time of application if the expired license is renewable in the state that issued it; (3) be a high school graduate or hold a General Equivalency Diploma (GED); and (4) maintain a single registered mailing address that the board shall regard as the applicant's principal business address for communication and record keeping purposes. (b) Journeyman Plumber. Each applicant must: (1) be at least 19 years of age; and (2) have either of the following: (A) at least 6,000 hours of experience working at the trade or such work experience and technical training combined to equal 6,000 hours, as verified by former employers; or (B) a journeyman license from another state that need not be current at the time of application if the expired license is renewable in the state that issued it. (c) Plumbing Inspector. Each applicant must: (1) be at least 20 years of age; (2) be a high school graduate or hold a General Equivalency Diploma (GED); and (3) furnish the board with a written request from the city or political subdivision stating that the applicant is employed or under consideration for employment by the requesting entity and should be allowed to take the examination; (4) have one of the following: (A) a journeyman or master plumber license issued in the State of Texas; (B) a journeyman or master plumber license issued in another state, provided he or she passes the Texas State Board of Plumbing Examiners journeyman exam; or (C) at least 6,000 hours of experience working at the trade or such work experience and technical training combined to equal 6,000 hours, as verified by former employers. (d) Exemptions. (1) The following individuals are exempt from the one-year training period referred to in subsection (a)(2) of this section and the
                          requirement of holding a high school diploma or a General Equivalency Diploma (GED): (A) a person holding a current license as a master plumber, journeyman plumber, or plumbing inspector; (B) a person holding a [an] current
                            , expired,
                              or invalid Texas license in any category[, provided that the individual once held a valid Texas license]; (C) a person who has taken and failed a licensing examination before September 1, 1984; and (D)
                                [(C)] a person with a current application for examination on file with the board as of September 1, 1984
                                  [the effective date of this rule]. (2) The board in its discretion
                                    may waive any examination or application requirement after consideration of a written request from the applicant for an exemption due to hardship. (e) Medical gas piping technician. Effective September 1, 1993, each applicant must: (1) hold a current journeyman or master plumber license; and (2) have successfully completed a board approved training program in medical gas piping installation. (f) Water supply protection specialist. Effective September 1, 1993, each applicant must: (1) hold a current journeyman or master plumber license; (2) have successfully completed a board approved training program in backflow prevention; and (3) have successfully completed a board approved training program designed around the Federal Safe Drinking Water Act and state laws regulating lead contamination in drinking water. sec.363.5. Description of Examination. The board shall conduct for each license and endorsement
                                      category a uniform examination that may include written and practical applications as deemed appropriate by the board. The board shall furnish applicants with information titled "General Examination Data," explaining the scope of the examination and on request, shall lend applicants reference books on plumbing codes. The board may also sell or lend applicants guides to studying for examinations. sec.363.7. Test Score Requirements. The board may set and adjust minimum passing scores as it deems appropriate for each license or endorsement
                                        category examination. sec.363.9. Reexamination. In cases of examination failure, the board shall require the following before the applicant retakes a regularly scheduled examination: [(1) master plumber:] (1)
                                          [(A)] first failure: a 90-day waiting period; (2)
                                            [(B)] second and subsequent failures. [(2) journeyman plumber: [(A) first failure: a 90-day waiting period; [(B) second and subsequent failures: a 180-day waiting period; [(3) plumbing inspector: [(A) First failure: a 90-day waiting period; [(B) Second and subsequent failures: a 180-day waiting period]. sec.363.11. Endorsement Training Programs. (a) Medical gas piping installation training programs: (1) Any person wishing to offer a training program in medical gas piping installation to the public must meet criteria as prescribed by the board. Such persons shall provide to the administrator a course outline, lesson plans, and instructor qualifications. (2) Training programs in medical gas piping installation shall be reviewed annually by the board to ensure that programs have been provided equitably across the State of Texas. (3) Periodically, the board shall review training programs in medical gas piping installation for quality in content and instruction. The board shall also respond to complaints regarding approved programs. (4) Prior to the effective date of the law, September 1, 1993, the board shall accept as certification those training and testing programs in medical gas piping installation that meet board criteria. (5) Prior to the effective date of the law, September 1, 1993, instructors in medical gas piping installation will be required to successfully complete a board approved program. However, effective February 1, 1994, instructors will be required to pass the board examination as well as successfully complete a board approved program. (b) Water supply protection training programs: (1) Any person wishing to offer a board approved training program in water supply protection to the public must meet criteria as prescribed by the board. Such persons shall provide to the administrator a course outline, lesson plans, and instructor qualifications. (2) Periodically, the board shall review board approved training programs in water supply protection for quality in content and instruction. The board shall also respond to complaints regarding approved programs. (3) As of March 1, 1994, instructors in water supply protection will be required to pass the board examination in water supply protection. Issued in Austin, Texas, on July 19, 1993. TRD-9326580 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: July 30, 1993 Expiration date: November 27, 1993 For further information, please call: (512) 458-2145 Chapter 365. Licensing License Categories; Description; Scope of Work Permitted 22 TAC sec.sec.365.1, 365.3-365.6, 365.9, 365.10 The Texas State Board of Plumbing Examiners adopts on an emergency basis amendments to sec.sec.365.1, 365.3-365.6, 365.9, and 365.10. The emergency adoption of these amendments is a direct result of the following legislation passed during the 73rd Texas Legislature: Senate Bill 813 (Water Supply Protection Specialist) and House Bill 740 (Medical Gas Endorsement). Senate Bill 813 directs the Texas State Board of Plumbing Examiners to issue water supply protection specialist endorsements to master and journeyman plumbers to inspect plumbing work or the installation of a public water system distribution facility or of customer-owned plumbing connected to that system's water distribution lines to ensure compliance with health and safety and water protection law. House Bill 740 directs the Texas State Board of Plumbing Examiners to issue medical gas piping installation endorsements to master and journeyman plumbers to install pipe, systems, and equipment used solely to transport gases used for medical purposes. The Texas State Board of Plumbing Examiners finds that imminent peril to the public health, safety, and welfare exists that requires the emergency adoption of these amendments because of the following: many communities in Texas have not had their water supply systems inspected because there is no certified inspector available to inspect their systems, a system that has not been inspected presents a public health risk to the people of Texas, the State of Texas could lose federal funding if it fails to monitor and inspect systems in accordance with the Federal Safe Drinking Water Act 42 United States Code 300 (et seq); many medical gas systems have been installed in such a manner as to facilitate infection and/or to provide an unintended and perhaps lethal mixture of gases. The amendments to sec.sec.365.1, 365.3-365.6, 369.9, and 365.10 concern definitions of water supply protection specialist and medical gas piping technician regarding each's respective license endorsement; qualifications and procedures for the initial issuance and renewal of each endorsement; and appropriate syntax additions. The amendments are adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law. sec.365.1. License Categories; Description; Scope of Work Permitted. The board shall establish three separate license categories and two endorsement categories
                                              , described as follows: (1) Master Plumber-A license that entitles the individual to enter into contracts or agreements to perform plumbing work and assigns the individual responsibility for plumbing that occurs under such contracts or agreements, or under his or her supervision. A master plumber who uses unlicensed individuals to do plumbing work that only a licensee is permitted to do abuses the master plumber license and becomes subject to disciplinary action by the board. (2) Journeyman Plumber-A license that entitles the individual to do plumbing work only under the general supervision of master plumbers and only under contracts or agreements to perform plumbing work secured by them. (3) Medical gas piping technician-An endorsement in addition to a journeyman or master plumber license entitling the individual to install pipe, systems, and equipment used solely to transport gases used for medical purposes. (4)
                                                [(3)] Plumbing Inspector -A license that entitles the individual to do plumbing inspections as an employee of a political subdivision, or if approved by the board under s363.1(c)(3) of this title (relating to Qualifications), as an agent of a political subdivision. (5) Water supply protection specialist-An endorsement in addition to a journeyman or master plumber license certifying the individual has been deemed by the board to be competent in the inspection of the plumbing work or installation of a public water system distribution facility or of customer-owned plumbing connected to that system's water distribution lines. sec.365.3. License Qualifications.
                                                  An applicant may qualify for a license in one of the three categories or for an endorsement in one of the two categories
                                                    by successfully completing the required examination and remitting the appropriate fee. Furthermore, in the case of plumbing inspectors, the political subdivision shall furnish proof of the applicant's employment. sec.365.4. Issuance. The board shall promptly issue a license or endorsement
                                                      to qualified applicants. However, the board may withhold the license or endorsement
                                                        and require reexamination of any applicant who has not remitted the appropriate fee within 90 days of completion of the examination. sec.365.5. Renewals. (a) The board shall inform a licensee of the impending expiration of a license or endorsement by sending written notice at least 30 days before its expiration date to the licensee's last known mailing address according to board records. (b) A licensee may renew an unexpired license or endorsement before its expiration date by paying the fee required by the board
                                                          [Each licensee shall renew his license annually before February 1 by submitting to the board a renewal application together with the appropriate fee. The board, as a courtesy, may mail to each licensee a renewal application by the first Friday in November each year to the last known address]. (c) The licensee's failure
                                                            [Failure by the license] to receive the notice of expiration
                                                              [annual renew application] will not alter the licensee's
                                                                [his] responsibility to renew the [his] license each year or endorsement every three years by its expiration date
                                                                  [by February 1]. (d) In the case of the renewal of a plumbing inspector's license, the licensee must submit written proof of employment by a political subdivision along with the required renewal fee. sec.365.6. Expirations. (a) Any license not properly renewed each year or any endorsement not properly renewed every three years by its expiration date
                                                                    [by February 1] will become invalid on that date and remain invalid until the board receives the renewal application together with all appropriate
                                                                      [cumulative renewal] fees [and a late renewal fee]. (b) An individual whose license or endorsement has been expired for 90 days or less may renew the license by paying the board the scheduled renewal fee and an additional fee equal to one-half the amount of the examination fee for the license. (c) An individual whose license or endorsement has been expired for over 90 days but less than two years may renew the license or endorsement by paying the board a sum equal to all unpaid renewal fees plus the examination fee required for the license or endorsement. (d) No individual may renew a
                                                                        license or endorsement that
                                                                          [which] has been expired for two
                                                                            [five] or more years [maybe renewed]; however, in such cases an individual can apply
                                                                              for a new license or endorsement
                                                                                [may be applied for in such cases] by following the procedures to obtain an original license or endorsement. (e) [Furthermore,] A plumbing inspector whose license has been expired for one or more years must take a plumbing inspector refresher course conducted by the board before becoming eligible to renew the
                                                                                  [his] license. The board may charge a refresher course fee equal to the fee established for the plumbing inspector examination. sec.365.9. Reprimand, Suspension, Revocation. (a) As provided in the Act and in Texas Civil Statutes, Article 6252-13a,
                                                                                    the board shall reprimand a licensee, or suspend or revoke his or her
                                                                                      license for [the] obtaining [of] a license or endorsement
                                                                                        through fraud, false information, or error, a violation of the act, of these rules, of a board order, or of local codes, ordinances, or standards of competency, in accordance with procedures set forth in the Act, the Administrative Act, and these rules. (b) The board shall institute [the] disciplinary action on receipt of a complaint from any person or agency setting forth the details of alleged fraud, false information, error, or violation. Local authorities shall provide the appropriate information on the board forms titled "Alleged Incompetency" and "Alleged Violation of Municipal Ordinances." Other persons or agencies shall provide a sworn statement of charges. (c) A person informed by the board of proposed refusal, suspension, or revocation of a license or endorsement is entitled to a hearing before the board as described under sec.sec.361.22-365.25 of this title (relating to Practice and Procedure). In order to determine competency, plumbing examinations may be administered to licensees accused of incompetency or willful violation. sec.365.10. Application for License or Endorsement after Revocation. Any individual whose license or endorsement
                                                                                          has been revoked may apply for a new license or endorsement
                                                                                            after a waiting period of at least one year from the date of revocation. The board shall require the applicant to follow the same licensing procedures required of a first-time licensee. Issued in Austin, Texas, on July 19, 1993. TRD-9326581 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: July 30, 1993 Expiration date: November 27, 1993 For further information, please call: (512) 458-2145 Chapter 367. Enforcement General Provisions 22 TAC sec.367.7 The Texas State Board of Plumbing Examiners adopts on an emergency basis new sec.367.7. The emergency adoption of the amendment is a direct result of the following legislation passed during the 73rd Texas Legislature: Senate Bill 813 (Water Supply Protection Specialist) and House Bill 740 (Medical Gas Endorsement). Senate Bill 813 directs the Texas State Board of Plumbing Examiners to issue water supply protection specialist endorsements to master and journeyman plumbers to inspect plumbing work or the installation of a public water system distribution facility or of customer-owned plumbing connected to that system's water distribution lines to ensure compliance with health and safety and water protection law. House Bill 740 directs the Texas State Board of Plumbing Examiners to issue medical gas piping installation endorsements to master and journeyman plumbers to install pipe, systems, and equipment used solely to transport gases used for medical purposes. The Texas State Board of Plumbing Examiners finds that imminent peril to the public health, safety, and welfare exists that requires the emergency adoption of the amendment because of the following: many communities in Texas have not had their water supply systems inspected because there is no certified inspector available to inspect their systems, a system that has not been inspected presents a public health risk to the people of Texas, the State of Texas could lose federal funding if it fails to monitor and inspect systems in accordance with the Federal Safe Drinking Water Act 42 United States Code 300 (et seq); many medical gas systems have been installed in such a manner as to facilitate infection and/or to provide an unintended and perhaps lethal mixture of gases. The new section is adopted under Texas Civil Statutes, Article 6243-101, which provide the Texas State Board of Plumbing Examiners with the authority to prescribe, amend, and enforce all rules necessary to carry out the Plumbing License Law. sec.367.7. Violations of Standards and Practices. (a) The board may take disciplinary actions as specified in Chapter 365 of this part (relating to Licensing) in the event of any violation of any of these requirements. (b) A person commits a Class C misdemeanor by knowingly and willfully: (1) violating the act or the rules adopted under it; (2) performing nonexempt plumbing work without holding a valid license or endorsement issued through the board; and (3) employing an unlicensed individual to perform activities that by law require the skills and supervision of a licensed plumber. (c) A person who violates any provision of the act or these rules or any other order of the board is subject to a penalty of not less than $50 or more than $1,000 for each violation and for each day of violation after notification. Issued in Austin, Texas, on July 19, 1993. TRD-9326582 Gilbert Kissling Administrator Texas State Board of Plumbing Examiners Effective date: July 30, 1993 Expiration date: November 27, 1993 For further information, please call: (512) 458-2145 TITLE 25. HEALTH SERVICES Part II. Texas Department of Mental Health and Mental Retardation Chapter 401. System Administration Subchapter G. Community Mental Health and Mental Retardation Centers 25 TAC sec.sec.401.453, 401.460, 401.463-401.466 The Texas Department of Mental Health and Mental Retardation (TDMHMR) adopts on an emergency basis amendments to sec.401.453 and sec.401.460, and new sec.sec.401.463-401.466 of Chapter 401, Subchapter G, concerning community mental health and mental retardation centers. The new sections would replace existing sec.sec.401.463-401.464, which are contemporaneously repealed in this issue of the Texas Register, and add sec.sec.401.465-401.466 to the subchapter. The amended and new sections adopted on an emergency basis are contemporaneously proposed for public comment in this issue of the Texas Register. The purpose of the emergency adoption is to comply with the Texas Health and Safety Code, sec.534.0675, mandating an effective date of September 1, 1993, for establishing uniform procedures for each local mental health or mental retardation authority to use when notifying consumers in writing of the denial, involuntary reduction, or termination of services and of the right to appeal those decisions. Definitions for "denial of services," "involuntary reduction of services," and "termination of services" have been added in sec.401.453. Additionally, the definition of "local MHMR authority" in sec.401.453 has been changed to use the same language as the statute. The amendment to sec.401.460(e) ensures compliance with the Texas Health and Safety Code, s534.020 and sec.534.021, regarding approval or notification of acquisition of real property. The amendment to sec.401.460(l)-(m) ensures compliance with the Texas Health and Safety Code, s534.0061, concerning guidelines for training for boards of trustees. New sec.401.463, regarding the determination of salaries for community center employees, ensures compliance with the provisions of the Texas Health and Safety Code, sec.534.0061. New sec.401.465 and sec.401.466, regarding references and distribution, are a result of the reorganization of the subchapter's sections. The amended and new sections are adopted on an emergency basis under Texas Civil Statutes, Article 6252-13a, sec.5(d), which provide emergency rulemaking power, and under the Texas Health and Safety Code, Title 7, sec.532.015, which provides the Texas Board of Mental Health and Mental Retardation with rulemaking powers. sec.401.453. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Denial of services -A local MHMR authority's refusal to accept an individual into services. Involuntary reduction of services-A local MHMR authority's action which discontinues an individual's enrollment in one or more, but not all, services without the individual's agreement. Local MHMR authority -A local service provider designated by the department to plan, facilitate, coordinate, and provide the delivery of mental health and/or mental retardation services in a local service area. Termination of services-A local MHMR authority's action which ends an individual's enrollment in all services. sec.401.460. Standards of Administration for Boards of Trustees of Community Centers. (a)-(d) (No change). (e) Boards of trustees must ensure that a community center receives written approval from the department prior to purchase, lease-purchase, or any other transaction, the result of which will be the community center's ownership of real property, including buildings, if any department funds or local funds required to match department funds are involved. In addition, for acquisition of nonresidential property, the community center must notify each local agency that appoints members to the board of trustees not later than the 31st day before it enters into a binding obligation to acquire the property. A community center must provide written notification to the department and each local agency that appoints members to the board of trustees not later than the 31st day before it enters into a binding obligation to acquire real property, including a building, if the acquisition does not involve the use of department funds or local funds required to match department funds.
                                                                                              Upon request, the commissioner may waive the 30-day
                                                                                                [60-day] requirement to notify the department
                                                                                                  on a case-by-case basis. Notification of the department
                                                                                                    is not required for donations of real property under the Texas Health and Safety Code, Title 7, sec.534.019, that do not require the expenditure of any funds by the community center and that have been approved by the board of trustees. (1) All notices and requests for approval shall be submitted on the TXMHMR Property Review Form, copies of which may be obtained by contacting TXMHMR, Office of Contracts Management, P.O. Box 12668, Austin, Texas 78711, and be accompanied by supporting information including, but not necessarily limited to, the following: (A) the reason for purchasing the property or a brief explanation of the purpose it will serve; (B) a summary of the plan for paying for the property, including a statement regarding whether departmental or required local match funds will be used either directly or in the retirement of any debt associated with the acquisition; (C) if unimproved, an assessment of the suitability of the property for construction purposes or, if improved, an assessment of the current condition of the buildings; (D) an independent
                                                                                                      appraisal of the real estate the community center intends to purchase conducted
                                                                                                        [property prepared] by an appraiser certified by the Texas Appraiser Licensing and Certification Board;
                                                                                                          [a master appraisal institute] however, the board of trustees may waive this requirement
                                                                                                            [this requirement may be waived] if the purchase price is less than the value listed for the property by the local appraisal district and the property has been appraised by the local appraisal district within the past two years; (E) a statement that the board of trustees and executive staff are not participating financially in the transaction and shall derive no personal benefit from the transaction; and (F) a statement detailing the need to waive the 30-day
                                                                                                              [60-day] requirement if a waiver is being requested. (2) A community center may not purchase or lease-purchase property for an amount that is greater than the property's appraised value unless: (A) [the board of trustees documents in the official minutes the reasons why] the purchase or lease-purchase of that property at that price
                                                                                                                is necessary [at that price] [and]; (B) the board of trustees documents in the official minutes the reasons why the purchase or lease-purchase is necessary at that price; and (C)
                                                                                                                  [(B)] a majority of the board approves the transaction. (f)-(k) (No change.) (l) Each board of trustees is accountable to the department and its appointing bodies for receiving appropriate training as required by the Texas Health and Safety Code, Title 7, sec.534.0061. (1) Before assuming office, new members must receive initial training which includes but is not limited to: (A) the enabling legislation that created the community center; (B) current philosophies and program principles on which service delivery systems are founded which include information about the service and support needs of people with mental illnesses, mental retardation, and related conditions and the range of environments in which those services may be delivered; (C) overview of mental illnesses, mental retardation, and related conditions; (D) overview of the current local and state service delivery system, including descriptions of core mental health and mental retardation services and priority populations; (E) the community center's budget for the current program year; (F) the results of the most recent formal audit of the community center; (G) the requirements of the open meetings law (Texas Civil Statutes, Article 6252-17) and the open records law, (Texas Civil Statutes, Article 6252- 17a); (H) the requirements of conflict of interest laws and other laws relating to public officials; (I) any ethics policies adopted by the community center; and (J) the requirements of the Americans With Disabilities Act and the degree to which community center facilities and operations must comply. (2) Utilizing input from consumers, family members, and advocates, trustee training programs should provide orientation in consumer perspectives and issues. (3) Community centers must annually provide training for current members of its board of trustees to be administered by the professional staff of that community center, including the center's legal counsel. (m) Guidelines for the training shall be developed by an advisory committee for the department which includes representatives of advocacy organizations for persons with a mental illness or mental retardation and representatives of boards of trustees. The guidelines are herein adopted by reference as Exhibit B and is available from TXMHMR, Office of Policy Development, P.O. Box 12668, Austin, Texas 78711-2668.

                                                                                                                  The provisions of this subchapter shall: (1) not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of the facilities or community centers or the substantive rights of any person; (2) be given a liberal construction in order that a just, fair, equitable, and impartial adjudication of the rights of the parties under the established principles of substantive law as determined by appropriate statutes or rules of this department may be attained with expedition and dispatch at the least expense to the department and all parties; (3) not apply when an administrative hearing is requested to contest a proposed discharge from a facility of a resident who is on a respite or an emergency admission. sec.403.405. Request for an Administrative Hearing. (a) Except as provided in subsection (c) of this section, a request for an administrative hearing shall be submitted in writing to the head of the facility or community center. The request should include: (1) the names and addresses, if known, of the individual receiving or requesting services, the parent if the individual is a minor, and the guardian of the individual; (2) a statement of the action that is being requested; (3) a summary of the reasons for the requested action; (4) if possible, reference to the statute or rule upon which the request is based; and (5) name and address of the person making the request and that person's relationship to the individual receiving or requesting services. (b) If the person wishing to request an administrative hearing asks for assistance in preparing the written request, the head of the facility or community center shall direct appropriate staff to assist. (c) The individual who is receiving services or for whom the services were requested may make a oral request of any facility or community center employee. Within 48 hours, the employee shall put the request in writing, date the document, give a copy to the individual, and submit the request to the head of the facility. (d) The head of the facility or community center shall inform the deputy commissioner of the need for an administrative hearing within one working day of receiving the written request. (e) A request for an administrative hearing to contest the findings of a determination of mental retardation conducted under the auspices of a facility or community center must be submitted within 60 calendar days after the written report is received by the person who filed the application for a determination of mental retardation as required in Chapter 405, Subchapter D of this title (relating to Eligibility Determination and Initial Enrollment Assessment-Mental Retardation Services). (f) A request for an administrative hearing to contest a denied or proposed transfer or discharge must be made within 30 calendar days after a written notice denying or proposing a transfer or discharge is received by the person or persons entitled to receive it. (g) No administrative hearing shall be held on a request received by the head of the facility or community center after the time periods specified in subsections (e) and (f) of this section have expired. sec.403.406. Who May Request an Administrative Hearing. (a) An administrative hearing to contest the findings of a determination of mental retardation as described in sec.403.405 of this title (relating Request for an Administrative Hearing) may be requested by the person who filed the request for a determination of mental retardation or the person's legal representative. (b) An administrative hearing to contest a proposed or denied transfer or discharge may be requested by the: (1) the individual who is the subject of the proposed or denied transfer or discharge; (2) the parent of a minor individual; (3) the guardian of an individual who is authorized to make such decisions; or (4) the legal representative of any of the above-named persons. sec.403.307. Appointment of a Hearing Office. (a) Within seven calendar days of being notified by the head of the facility or community center of the need for an administrative as described in sec.403.405 of this subchapter (relating to Request for an Administrative Hearing), the deputy commissioner shall appoint a hearing officer. (b) When feasible, the hearing officer shall be an attorney who is not an employee of the department or of the community center. If this is not feasible, the person appointed shall be selected in the manner most economical to the department with consideration being given to the distance which the hearing officer must travel, and amount of time required away from the hearing officer's place of employment. The hearing officer shall not: (1) be permanently employed at the facility or community center where the individual who is to be the subject of the hearing is requesting or receiving services; (2) have participated in any aspect of the care or treatment of the individual; or (3) have a personal or professional interest in the case of the individual. (c) At any time before final judgment is rendered, another hearing officer shall be appointed by the deputy commissioner to perform any remaining functions without having to repeat the previous proceedings in the case if the first hearing officer should die, become disabled, withdraw or be removed from employment, or withdraw or be removed from the proceeding. (d) The hearing officer may designate one or more employees of the department or other knowledgeable persons to assist in the evaluation of evidence presented at the hearing. (e) The hearing officer shall have all authority granted under the PMRA, as well as the authority to administer oaths, examine witnesses, and rule upon the admissibility of evidence and amendments to pleadings. (f) The hearing officer may, on the officer's own motion or on the written request of any party, issue a subpoena to require the attendance of witnesses and production of documents. No charge will be made for the issuance of a subpoena, but the cost of enforcing a subpoena shall be borne by the party who requested the subpoena. sec.403.408. Setting a Time and Place for the Administrative Hearing. (a) The hearing shall be held not less than 14 calendar days but not more than 30 calendar days from the date the deputy commissioner received the request for the hearing. (b) The hearing officer may set a time outside regular business hours and a place away from the involved facility or community center if a timely request is made by the person requesting the hearing, and the hearing officer determines good cause exists for such a determination. The location selected must be accessible to persons with handicaps. (c) The hearing officer shall ensure that written notice of the hearing is served personally or by certified mail, return receipt requested. (d) The hearing officer may postpone or continue the hearing until a later date if, in the officer's sound judgment and discretion, there is good cause to do so. Good cause includes, but is not limited to, a finding that a later date would: (1) result in a more just determination of the issues; and (2) not endanger the welfare of the individual. (e) The administrative hearing shall be open to the public unless the individual who is to be the subject of the hearing or the person who requested the hearing demands a hearing closed to the public. (1) If a closed hearing has not been demanded, the hearing officer shall, at the beginning of the hearing, announce that: (A) the individual or person requesting the hearing has the right to have the hearing closed to the public; and (B) in a hearing open to the public, the identity, diagnosis, evaluation, or treatment of the individual requesting or receiving services may be disclosed to members of the general public. (2) The hearing officer shall then determine whether the individual or person requesting the hearing wants the hearing opened or closed to the public. If the a closed hearing is not requested, the hearing shall proceed, open to the public. sec.403.409. Notice of Hearing. (a) No less than ten calendar days in advance of the hearing date, notice of the hearing shall be served on all participants, including the individual, the parent of the individual who is a minor, and the guardian of the individual, if appropriate, and the head of the facility or community center, as well as the legal counsel or lay representative(s) as described in s403.410 of this title (relating to Representation of Parties During an Administrative Hearing). (b) The notice shall include: (1) a statement of the time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a short and plain statement of the matters asserted; (4) a copy of the request for the hearing; (5) a reference to the particular sections of the statutes and rules involved; and (6) a copy of this subchapter. (c) The hearing officer shall ensure that written notice of the hearing is served personally or by certified mail, return receipt requested. sec.403.410. Representation of Parties. (a) The individual who is the subject of the administrative hearing and the person who requested the hearing shall have the right to be present and to be accompanied and represented by any person of their choosing, including legal counsel and lay representatives. The individual may be represented independently of a parent or guardian. (b) The department and the head of the facility may be represented by a departmental attorney. (c) The hearing officer may request a departmental attorney to provide advice in the proper conduct of the administrative hearing. (d) Designation of representatives shall be communicated to the hearing officer and shall be recorded and filed with the pleadings and other documents pertaining to the administrative hearing. (e) The facility, community center, or the hearing officer may assist the individual or the person requesting the hearing in obtaining representation by referring them to the public responsibility committee for the facility or community center, the local Association for Retarded Citizens, the Parents Association for the Retarded of Texas, the Texas Association for Retarded Citizens, Advocacy Inc., and the local legal aid society for assistance in obtaining representation. (1) If the individual who is to be the subject of the hearing is also the person who requested the hearing and cannot obtain representation, the facility or community center may appoint a person who is willing to serve as the representative for the individual. (2) The facility or community center may: (A) request that a member of the public responsibility committee for the facility represent the individual; or (B) may appoint an employee of the facility who is willing to serve as the representative. sec.403.411. Access to Records. (a) All participants and their legal and/or lay representatives will have reasonable access to any records concerning the individual who is the subject of the administrative hearing. (b) Access will be granted at a reasonable time prior to the hearing in accordance with Operating Instruction 401 -1 concerning Inspection of Department Records. Access shall be authorized by the head of the facility upon the request of the individual who is the subject of the hearing, the person who requested the hearing, the parent of the individual who is a minor, the guardian of the individual, or the legal and/or lay representatives of any of these persons. (c) If necessary, the hearing officer has the authority to order the head of the facility to allow access to such records. sec.403.412. Prehearing Conference. (a) The hearing officer may, upon the officer's or upon the motion of any party, direct the parties and their legal representatives to appear at a specified time and place for a conference prior to the hearing for the purpose of formulating issues and considering: (1) simplification of issues; (2) possibility of admissions of certain assertions of fact or of stipulations concerning the use in evidence by any party of matters of public record; (3) procedures to be used in the hearing; (4) limitation, where appropriate, of the number of witnesses; (5) taking of depositions in accordance with the provisions of APTRA; (6) such other matters as may aid in the simplification of the proceedings and disposition of the matters in controversy. (b) At the prehearing conference, the hearing officer shall determine whether the individual who is the subject of the hearing is represented and may assist the individual in obtaining representation. The hearing officer shall also inform the parties and their representatives of the nature of the proceedings and the manner in which the administrative hearing will be conducted. (c) With the consent of all parties, the prehearing conference may be conducted by conference telephone call. (d) Actions taken at the prehearing conference shall be recorded in an order by the hearing officer. sec.403.413. Notice of Filing; Service of Notice; Certificate of Service. (a) Whenever any party any pleading or motion other than the initial request for an administrative hearing, a copy of such pleading or motion shall be served on the other parties or their representatives. (b) All notices required by this subchapter shall be served personally or by certified mail, return receipt requested. The willful failure of any party to make such service shall be grounds for the entry of an order by the hearing officer striking the pleadings of such party. (c) A certificate by the party or the party's representative who is required to serve a notice or copy of a pleading or motion stating that it has been served on the other parties shall be prima facie evidence of such service. The following form of certificate will be sufficient for this purpose: I certify that I have this _____ day of _____________________, 19_____, served copies of the forgoing upon all other parties to this proceeding by (here state the manner of service). (signature of party or representative) sec.403.414. Rules of Evidence; Official Notice; Witnesses; Transcription. (a) In administrative hearings held pursuant to this subchapter, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in nonjury civil cases in the district courts of the State of Texas shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The hearing officer shall give effect to the rules of privilege recognized by law. Subject to these requirements, if a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form. (b) In connection with any administrative hearing held pursuant to this subchapter and the PMRA, the hearing officer may take official notice of all facts judicially cognizable. In addition, notice may be taken of generally recognized facts within the area of the department's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material officially noticed, including staff memoranda or data, and they must be afforded an opportunity to contest the material so noticed. (c) Any interested person may appear at the administrative hearing and give oral or written testimony. The hearing officer shall have the authority to limit the number of witnesses whose testimony is merely cumulative. (d) The proceedings shall be taped recorded. Any part of the tapes shall be transcribed on the written request of any party. The facility may pay the cost of the transcript or assess the cost to one or more parties as described in Operating Instruction 401-1 concerning Inspection of Department Records. sec.402.415. Applicable Rules of the Department; General Administrative Procedures. (a) Insofar as they do not conflict with this subchapter or the PMRA, the provisions of Chapter 403, Subchapter O of this title (relating to Practice and Procedures with Respect to Administrative Hearings of the Department in Contested Cases shall apply to and govern administrative hearings conducted pursuant to this subchapter and the PMRA. However, any action which may be or is required to be taken by the department, the commissioner, an examiner, or a hearings office may be taken by the hearing officer and any document which may be or is required to be filed with the department, the commissioner, an examiner, or a hearings office under Chapter 403, Subchapter O of this title (relating to Practice and Procedures with Respect to Administrative Hearings of the Department in Contested Cases shall be filed with the hearing officer in an administrative hearing held pursuant to this subchapter and the PMRA. (b) Administrative hearings held pursuant to this subchapter shall be conducted in accordance with the provisions of PMRA and of APTRA to the extent such provisions are not in conflict with PMRA. sec.403.416. Final Decisions and Orders. (a) A final decision or order must be in writing and stated in the record. It must include separately stated findings of fact and conclusions involved. Findings of fact as set forth in statutory language must be accompanied by a concise and explicit statement of the underlying facts supporting such findings. (b) Parties may submit proposed findings of fact, unless precluded by other rules or statute from so doing, and a decision shall include a ruling on each proposed finding. (c) The hearing officer shall render the final decision. The final decision must be rendered within 60 calendar days after the date the administrative hearing is finally closed. (d) Parties shall be notified either personally or by certified mail, return receipt requested, of any decision or order. A copy of the decision or order shall be personally delivered or mailed by certified mail, return receipt requested, to all parties or their legal representatives. (e) The decision of the hearing officer shall be final on the 31st calendar day after the date on which the decision is reported unless a party files an appeal within that period. (f) The parties may, by agreement with the approval of the hearing officer, provide for the modification of the times provided for in this section; provided, however, that the time provided for in subsection (e) of this section may not be modified by agreement of the parties. sec.403.417. Appeal to County Court. (a) The decision of the hearing officer shall be final and there shall be no other administrative appeal in an administrative hearing held pursuant to this subchapter and the PMRA. Any party to the administrative hearing shall have the right to appeal without the necessity of filing a motion for rehearing with the hearing officer. (b) An appeal of the decision of the hearing officer is instituted by filing a petition within 30 calendar days after the date the decision complained of is rendered. The petition must be filed in the county court of Travis County or in the county court of the county in which the client or proposed client resides. (c) The filing of an appeal suspends the decision of the hearing officer and no party may take any action based on such decision. (d) The appeal in the county court will be by trial de novo. sec.403.418. References. Reference is made to the following statutes and department rules: (1) Health and Safety Code, Title 7, Subtitle D (Persons with Mental Retardation Act (PMRA)); (2) the Administrative Procedure and Texas Register Act APTRA, Texas Civil Statutes, Article 6252-13a; (3) Chapter 403, Subchapter O of this title (relating to Practice and Procedure with Respect to Administrative Hearings of the Department in Contested Cases). sec.403.419. Distribution. (a) The provisions of this subchapter governing practice and procedure with respect to administrative hearings of the department arising under the PMRA shall be distributed to: (1) all members of the Texas Mental Health and Mental Retardation Board; (2) commissioner; (3) medical director and deputy commissioners; (4) associate and assistant deputy commissioners; (5) management and program staff in Central Office; (6) superintendents and directors of all department facilities; and (7) those persons designated or appointed as hearing officers. (b) A copy of this subchapter shall be provided upon request to any individual requesting or receiving mental retardation services from a facility or community center and the legal representative of such individuals. Issued in Austin, Texas, on July 29, 1993. TRD-9326614 Ann Utley Chairman Texas Board of Mental Health and Mental Retardation Effective date: September 1, 1993 Expiration date: December 30, 1993 For further information, please call: (512) 465-4670 The following emergency adoptions and simultaneous proposals submitted by the Texas Department of Mental Health and Mental Retardation will be serialized beginning in the August 10, 1993, issue of the Texas Register

                                                                                                                    . The earliest date of adoption is September 6, 1993. Chapter 405. Client (Patient) Care Subchapter D. Comprehensive Diagnosis and Evaluation 25 TAC sec.sec.405.81-405.92 (repeal-emergency adoption) 25 TAC sec.sec.405.81-405.92 (new-emergency adoption) 25 TAC sec.sec.405.81-405.92 (new-proposed) 25 TAC sec.sec.405.661-405.678 (repeal-emergency adoption) 25 TAC sec.sec.405.661-405.678 (repeal-proposed) 25 TAC sec.sec.405.801-405.810 (repeal-emergency adoption) 25 TAC sec.sec.405.801-405.810 (repeal-proposed) 25 TAC sec.sec.405.801-405.812 (new-emergency adoption) 25 TAC sec.sec.405.801-405.812 (new-proposed)