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 III. Texas Animal Health Commission Chapter 35. Brucellosis Subchapter A. Eradication of Brucellosis in Cattle 4 TAC sec.35.4 The Texas Animal Health Commission adopts an amendment to sec.35.4 concerning entry and change of ownership, with changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4437). The phrase "and out of" was removed from Subsection (a)(B)(6). The amendment is necessary to require a brucellosis test on all sexually intact cattle at the port of entry under supervision of the port veterinarian before moving into the state. The requirement for adult vaccination of non-vaccinated females over 12 months of age after they arrive in this state from another state or country has been deleted. Sexually intact cattle moving to a quarantined feedlot must be "S"-branded before entry into the state and moved in sealed trucks. The post entry test for cattle entering to a destination other than to slaughter or a quarantined feedlot has been extended to no less than 120-days after entry rather than 60- days. All cattle entering the United States must either be from a foreign country that has a brucellosis status comparable to that of the United States or meet additional restrictions or testing requirements. No comments were received regarding adoption of the amendment. The amendment is adopted under the Agriculture Code, Texas Civil Statutes, Chapter 161, which provide the commission with authority to adopt rules and sets forth the duties of this commission to control disease. sec.35.4. Entry and Change of Ownership. (a) Requirements for cattle from foreign countries without comparable brucellosis status that enter and remain in Texas. (Note: Cattle from foreign countries with comparable brucellosis status would enter by meeting the requirements for a state with similar status.) (1) (No change.) (2) Branding requirements. (A) Sexually intact cattle destined for a quarantined feedlot must be "S"- branded prior to entry into the state. (B) Spayed heifers shall be spade-branded prior to entry as specified in sec.35.1 of this title (relating to Definitions). (3) Vaccination requirement. Nonvaccinated sexually intact female cattle between four and 12 months of age entering for purposes other than immediate slaughter or feeding for slaughter in a quarantined feedlot shall be placed under quarantine on arrival and officially brucellosis vaccinated as outlined in sec.35.2(m) of this title (relating to General Requirements). The quarantine may be released after meeting test requirements. (4) Testing requirements for bulls entering for purposes other than immediate slaughter or feeding in a quarantined feedlot. Bulls entering for purposes other than immediate slaughter or feeding in a quarantined feedlot shall be tested at the port of entry into Texas under the supervision of the port veterinarian, and placed under quarantine and retested 120 to 180 days after arrival. The quarantine will be released following a negative brucellosis test. (5) Testing requirements for females entering for purposes other than immediate slaughter or feeding in a quarantined feedlot. All sexually intact female cattle entering for purposes other than immediate slaughter or feeding for slaughter in a quarantined feedlot shall be tested at the port of entry into Texas under the supervision of the port veterinarian, and placed under quarantine on arrival and retested for brucellosis in no less than 120 days nor more than 180 days after arrival for release of the quarantine. The releasing negative test shall not be sooner than 30 days after the animal has had its first calf. (6) Testing requirements for sexually intact cattle entering for feeding in a quarantined feedlot. All sexually intact cattle destined for feeding for slaughter in a quarantined feedlot must be tested at the port of entry into Texas under the supervision of the port veterinarian. These cattle must be "S"- branded prior to entry into the state, and may move into the quarantined feedlot only in sealed trucks with a permit issued by TAHC or USDA personnel. (7) Responsibility for costs. All costs of calfhood vaccination, testing and retesting shall be borne by the owner. (b) Requirements for cattle entering Texas from other states. (1) Vaccination. All female cattle between four and 12 months of age shall be officially vaccinated prior to entry. Exceptions to these vaccination requirements: (A) female cattle entering for purposes of shows, fairs and exhibitions; (B) female cattle moving within commuter herds; (C) spayed heifers; (D) nonvaccinated female cattle between four and 12 months of age consigned from an out-of-state farm of origin will be accompanied by a waybill to a Texas market, quarantined feedlot or slaughter. Upon arrival at the livestock market, they may be vaccinated at no expense to the state, and be sold and moved freely. If these cattle are not vaccinated upon arrival then they shall be consigned from the market only to a quarantined feedlot or slaughter, accompanied by an "S" permit; (E) nonvaccinated female cattle between four and 12 months of age consigned from an out-of-state livestock market to a Texas livestock market, quarantined feedlot or slaughter will be accompanied by an "S" permit or certificate of veterinary inspection. Individual identification is not required. Upon arrival a the Texas livestock market, they may be vaccinated at no expense to the state, be sold and moved freely. If these cattle are not vaccinated upon arrival then they shall be consigned from the market only to a quarantined feedlot or slaughter, accompanied by an "S" permit; (F) nonvaccinated female cattle between four and 12 months of age moving may enter on a calfhood vaccination permit and must be vaccinated at no expense to the state within 14 days after arriving at the premise of destination. (2) (No change.) (c) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 20, 1993. TRD-9327740 Terry Beals, DVM Executive Director Texas Animal Health Commission Effective date: September 17, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 479-6697 Chapter 41. Fever Ticks 4 TAC sec.41.1 The Texas Animal Health Commission adopts amendments to sec.41.1 concerning tick eradication, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4438). The amendment is necessary to require that all Mexican cattle entering Texas for movement to a Texas destination to be "M"-branded prior to movement. Metal eartags which are applied in Mexico are prohibited from removal from the animal. All Mexican cattle entering the United States from Mexico will be identified with an "M"-brand. Metal eartags that are applied in Mexico cannot be removed from the animals as they distinguish the origin of the cattle. No comments were received regarding adoption of the amendment. The amendment is adopted under the Agriculture Code, Texas Civil Statutes, Chapter 161, which provide the commission with authority to adopt rules and sets forth the duties of this commission to control disease. 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 August 20, 1993. TRD-9327747 Terry Beals, DVM Executive Director Texas Animal Health Commission Effective date: September 17, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 479-6697 TITLE 16. ECONOMIC REGULATIONS Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter B. Operating Certificates, Permits, and Licenses 16 TAC sec.5.33 The Railroad Commission of Texas adopts an amendment to sec.5.33, concerning regular contract carriers and truckload contract carriers, without changes to the proposed text as published in the July 20, 1993, issue of the Texas Register (18 TexReg 4726). The rule is adopted in order to conform the commission's regulations with the enactment of Senate Bill 1313 by the 73rd Legislature, 1993, which amends the Texas Motor Carrier Act. The provisions of Senate Bill 1313 relating to this rule become effective January 1, 1994, and this rule will not become effective until January 1, 1994. The amendment will clarify that a contract carrier permit may authorize transportation for no more than ten shippers, while a truckload contract carrier permit may authorize transportation for an unlimited number of shippers. Public comments regarding this rule generally suggested eliminating the portion of the rule stating that contract carriers may serve only ten shippers, thus allowing regular contract carriers to serve an unlimited number of shippers. The Texas Association for Competitive Transportation and the Shippers Oil Field Traffic Association made comments against the amendment. The commission disagrees with the comments for the reason that the number of shippers a regular contract carrier may serve was not addressed by Senate Bill 1313 and is the subject of a separate petition for rulemaking. In addition, the absence of any limitation on the number of shippers that may be served by a contract carrier would effectively give contract carriers the type of authority currently held by common carriers. The amendment is adopted pursuant to Texas Civil Statutes, Article 911b, sec.4(a), which vest the commission with power and authority to prescribe all rules and regulations necessary for the government of motor carriers, and to supervise and regulate motor carriers in all matters affecting the relationship between such carriers and the shipping public. 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 August 24, 1993. TRD-9327815 Mary Ross McDonald Assistant Director Railroad Commission of Texas Effective date: January 1, 1994 Proposal publication date: July 20, 1993 For further information, please call: (512) 463-7094 16 TAC sec.5.46 The Railroad Commission of Texas adopts new sec.5.46, concerning truckload contract carriers, with changes to the proposed text as published in the July 20, 1993, issue of the Texas Register (18 TexReg 4727). The rule defines truckload contract carriers and delineates the burden of proof for an applicant for a truckload contract carrier permit. In addition, it sets out the standing requirements for a protestant to an application for truckload contract carrier authority. The rule is adopted in order to conform with the enactment of Senate Bill 1313 by the 73rd Legislature, 1993, which amends the Texas Motor Carrier Act. The provisions of Senate Bill 1313 relating to this rule become effective January 1, 1994, and this rule will not become effective until January 1, 1994. The change made to the proposed text clarifies that a protestant to a truckload contract carrier application must demonstrate that the protestant generated $25,000 in annual intrastate revenues from the shipper that applicant seeks to serve for each of the two years preceding the filing date of the application. Comments regarding this rule opposed the omission of part of the standing requirement for a protestant to a truckload contract permit application, as specified in Senate Bill 1313. The rule, as proposed, stated that a protestant must demonstrate that it had generated $25,000 in annual intrastate revenues from the party the applicant seeks to serve. However, the proposed rule failed to state that these revenues had to be generated in each of the two years preceding the filing of the application. This requirement has been added to the rule. In addition, in subsection (d) of this section, the reference to a protestant's "application" is changed to "protest." Comments were also received suggesting that the $25,000 annual intrastate revenue requirement for protestant standing should be amended to require that the annual intrastate revenue be from regulated transportation. Comments went on to suggest that the definition of "eligible contract" be amended to require that the contract provide for $12,000 a year in intrastate regulated compensation rather than compensation only, without clarification. These comments also suggested that the contract be required to be for a term on not less than one year, with reasonably limitations on the rights of parties to terminate the contract if they so desire. Comments were also made suggesting that the definition of "specialized motor carrier commodity" conform to sec.1(i) of the Motor Carrier Act. One other comment suggested that the definition of "truckload quantity" be limited so as not to include brokers, freight forwarders, or freight consolidators. Comments were also received that suggested that an applicant attempting to prove an eligible contract or intent to enter into an eligible contract might try to do so by introducing hearsay evidence. It was also suggested that the rule specify that an applicant be allowed to prove up the intent to contract through live witnesses. Comments suggested that the "fit, willing and able" definition contained in paragraph (c) of the rule be changed to that proposed in the disadvantaged business rule, sec.5.462. Comments were made suggesting that a protestant to a truckload contract carrier permit application not be required to file an affidavit as to its statutory standing requirement at the time its protest is filed. Finally, comments proposed that an additional section be added to require truckload contract carriers of general commodities to file copies of their eligible contracts with the Division Director of Transportation, for public inspection, prior to the issuance of a permit. It was also suggested that provision be made that a failure to file the contract would result in an administration penalty action. Other related comments suggested that any grant of contract carrier authority made under this rule specify the name of the parties to be served, the commodities to be transported, and the territory to be served, and that grants of authority remain in effect only so long as the contract is valid. Permit holders, the comments suggested, should be required to notify the commission within ten days of the termination of the contract. These same comments suggested that holders of truckload contract carrier permits be required to file a yearly, verified report with the Director of Transportation detailing the revenues derived under the contract, and that such report be made open to the public. The Texas Association for Competitive Transportation and the Shippers Oil Field Traffic Association made comments suggesting the change regarding protestant standing, but did not otherwise comment on the rule. The commission agrees with the comments regarding the changes made to this rule. It disagrees with the remainder of the comments for the reason that they are not addressed by Senate Bill 1313, despite its specificity in other areas. Specifically, the commission does not agree with the comments suggesting that the protestant standing requirement of $25,000 of revenue or the applicant requirement of a contract to generate $12,000 in income are limited to regulated intrastate transportation, because such is not specified in Senate Bill 1313. Similarly, the commission believes the rule's definition of specialized motor carrier accurately reflects the Motor Carrier Act's position with regard to specialized motor carriers. The commission disagrees with the comment suggesting that "truckload quantity" be further clarified because this term is defined in Senate Bill 1313 and the rule uses this definition. The commission also disagrees with the comments regarding the ultimate admissibility of eligible contracts or documents evidencing an intent to enter into an eligible contract. The rule, as proposed, does not contemplate that an applicant will receive a permit merely by showing an eligible contract or intent to contract; instead, the rule states that at least the existence of a contract or intent to enter a contract is required in addition to any other requirements of the act. Any evidentiary objections regarding hearsay may be addressed at a hearing and considered at that time. The commission also disagrees with the comments that a protestant should not be required to file an affidavit with its protest stating that it has standing, in the form of showing that it has generated the required revenue from the shippers sought to be served by applicant. The commission disagrees that the "fit, willing, and able" standard as set out in the proposed rule should be changed to reflect the same language contained in the proposed rule regarding disadvantaged businesses. A contract carrier and a regular contract carrier applicant have different burdens of proof than certificated carriers. Contract carriers and truckload contract carriers, rather than being service providers to the general public, serve specific shippers, and their standards, as regard fitness, willingness, and ability, while similar, are distinctively different. Finally, the commission disagrees with the comments suggesting that an applicant for a truckload contract carrier permit file a statutory affidavit regarding contractual authority, file copies of contracts for public record, and submit yearly reports to the commission. Much, if not all, of the information referred to in the comments will be in the annual operating report. Similarly, nothing in Senate Bill 1313 contemplates putting an applicant to the additional burden of filing records with the commission in excess of the proof required at the hearing. On the other hand, requiring a protestant to file an affidavit related to its standing is not inappropriate, because the standing of a protestant is keyed to the filing of the application, and because the application process is streamlined by an initial determination as to whether the hearing is properly protested. The new rule is adopted under Texas Civil Statutes, Article 911b, sec.4(a), which vest the Commission with power and authority to prescribe all rules and regulations necessary for the government of motor carriers, and to supervise and regulate motor carriers in all matters affecting the relationship between such carriers and the shipping public. sec.5.46. Truckload Contract Carriers. (a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise. (1) Eligible contract-A contract to provide transportation services for compensation in an amount not less than $12,000 per year. (2) General commodity-A commodity other than: (A) a commodity that requires temperature control; or (B) a specialized motor carrier commodity. (3) Specialized motor carrier commodity-Any commodity which by reason of length, width, weight, height, size, or other physical characteristics requires the use of special devices, facilities, or equipment for its transportation and handling. (4) Truckload contract carrier-Any contract carrier authorized to transport a general commodity in a truckload quantity. (5) Truckload contract carrier permit-A contract carrier permit issued to a truckload contract carrier. (6) Truckload quantity-A single shipment that: (A) is transported for a single consignor who has exclusive use of the transporting vehicle; and (B) weighs 25,000 pounds or more or constitutes a capacity load under tariffs, rules, or regulations adopted by the commission. (b) An applicant for a truckload contract carrier permit shall, in addition to any other requirements in these rules, demonstrate sufficient evidence of an eligible contract or an intent to enter into an eligible contract with the party the applicant proposes to serve, by producing: (1) the contract, executed by both parties; (2) a pre-existing contract between the parties for interstate or local transportation; (3) a letter of intent to enter into an eligible contract, executed by both parties, setting forth the general agreement between the parties; or (4) an affidavit from the party contracting with applicant, setting forth the general agreement between the parties. (c) An applicant shall also demonstrate that it is fit, willing, and able to perform the proposed services. For purposes of this rule, a truckload contract carrier applicant may show that it is fit, willing, and able by demonstrating that it has insurance coverage as required by the commission, and that the shipper is satisfied with the applicant's equipment, safety record, expertise, and financial status. (d) Any motor carrier protesting the issuance of a truckload contract carrier permit must file with its protest an affidavit and evidence sufficient to demonstrate that it has generated at least $25,000 in annual intrastate revenue from the party the applicant proposes to serve during each of the two years preceding the filing date of the application. 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 August 23, 1993. TRD-9327814 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: January 1, 1994 Proposal publication date: July 20, 1993 For further information, please call: (512) 463-7094 Subchapter Z. Base Rates, Deviations and Suspensions 16 TAC sec.5.582 The Railroad Commission of Texas adopts an amendment to sec.5.582, concerning deviations from commission established base rates, without changes to the proposed text as published in the July 20, 1993, issue of the Texas Register (18 TexReg 4726). The amendment will bring commission regulations into conformity with Senate Bill 1313 and House Bill 1156 of the 73rd Legislature, 1993, which amend the Texas Motor Carrier Act. The amendment will allow common carriers to deviate from established base rates by greater amounts than currently allowed in certain shipment weight and capacity configurations. Public comments regarding the proposed rule generally concerned further extension of authority to deviate from established base rates. One comment stated that proposed sec.5.582 reflects the intent of the legislation. However, two other comments argued that a 5.0% deviation should be extended to shipments of general commodities weighing 500 pounds or less. Another comment stated that the 40% deviation was intended to apply to all capacity load shipments, including those weighing less than 10,000 pounds. The Texas Motor Transportation Association commented in favor of the amendment as proposed. However, both the Texas Motor Transportation and the Texas Association for Competitive Transportation commented that the proposed rule should, in addition, provide deviations for shipments in a lighter weight category than currently allowed. The commission disagrees with the comments related to extending the 5.0% deviation for the reason that deviations for shipments weighing 500 pounds or less were addressed by neither Senate Bill 1313 nor House Bill 1156, and because proposed deviations for such shipments are the subject of a separate rulemaking petition that is pending before the commission. The commission disagrees with the comment regarding 40% deviation authority for shipments weighing less than 10,000 pounds based on the statutory construction of Senate Bill 1313 and House Bill 1156. The amendment is adopted pursuant to Texas Civil Statutes, Article 911b, sec.4(a), which vest the commission with power and authority to prescribe all rules and regulations necessary for the government of motor carriers, and to supervise and regulate motor carriers in all matters affecting the relationship between such carriers and the shipping public. 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 August 23, 1993. TRD-9327813 Mary Ross McDonald Assistant Director Railroad Commission of Texas Effective date: September 14, 1993 Proposal publication date: July 20, 1993 For further information, please call: (512) 463-7094 TITLE 22. EXAMINING BOARDS Part XIV. Texas Optometry Board Chapter 271. Examinations 22 TAC sec.271.5 The Texas Optometry Board adopts the repeal of sec.271.5, without changes to the proposed text as published in the July 6, 1993, issue of the Texas Register (18 TexReg 4378). The repeal is necessary because the 73rd Legislature amended the Texas Optometry Act by passage of House Bill 1479, and eliminated all language regarding licensure by endorsement. The repeal of the section will eliminate all language regarding licensure by endorsement and licensees will be informed of the current law regarding licensure in Texas to practice optometry. No comments were received regarding the adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 4552, which provide the Texas Optometry Board with the authority to promulgate substantive and procedural rules, and to set fees. 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 August 19, 1993. TRD-9327790 Lois Ewald Executive Director Texas Optometry Board Effective date: September 14, 1993 Proposal publication date: July 6, 1993 For further information, please call: (512) 835-1938 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission (Editor's Note: Senate Bill 2, First Called Session, 72nd Legislature, created the Texas Natural Resource Conservation Commission (TNRCC) as the successor to the Texas Water Commission (TWC) and Texas Air Control Board (TACB) with the responsibility of carrying out the respective duties, responsibilities and functions of those agencies. The rights, powers, and duties delegated by law to the TWC and TACB were expressly assigned to the TNRCC. Senate Bill 2 also transferred all personnel, equipment, data, documents, facilities, and other items of the TWC and TACB to the TNRCC. A member of the Texas Water Commission is a member of the TNRCC. Any reference in any law or rule to the TACB or to the TWC mean TNRCC. The change in the name of the TWC or the abolition of the TACB does not affect or impair any act done or obligation, right, license, permit, rule, criteria, standard, or requirement, or penalty accrued or existing under former law, and that law remains in effect for any action concerning such an obligation, right, license, permit, rule, criterion, standard, requirement, or penalty. An action brought or proceeding commenced before September 1, 1993, including a contested case or a remand of an action or proceeding by a reviewing court, is governed by the law and rules applicable to the action or proceeding before September 1, 1993. Administrative hearings on applications for permits and prehearing proceedings which had commenced prior to September 1, 1993, shall not be delayed or continued as a result of Senate Bill 2 or any resulting organizational changes. Refer to Senate Bill 2, First Called Session, 72nd Legislature for the exact language in this article. To comply with the requirements of Senate Bill 2, the Texas Register is creating a new title in the Texas Administrative Code, Title 30. Environmental Quality and is administratively transferring all rules from TWC and TACB to Title 30, Part I. Texas Natural Resource Conservation Commission laterally, effective September 1, 1993. TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 9. Property Tax Administration Subchapter A. Practice and Procedure 34 TAC sec.9.17 The Comptroller of Public Accounts adopts an amendment to sec.9.17, concerning notice of public hearing on a tax increase, with changes to the proposed text as published in the July 23, 1993, issue of the Texas Register (18 TexReg 4864). The changes in sec.9.17 correct the date of amendments to the form adopted by reference. In addition, the form sec.9.17 adopted by reference is changed to add optional information for school districts concerning county education districts. The amendments to sec.9.17 are necessary because Senate Bill 7, 73rd Legislature, 1993, abolished county education districts. The abolishment of county education districts returned to school districts the portion of the school district is tax rate formerly levied by the county education district. The notice currently in effect does not reflect the abolishment of county education districts. The rule adopts by reference an amended form for publication of notice of hearing on tax increase that provides information related to the abolishment of county education districts. The form requires school districts to inform taxpayers that the school districts proposed percentage increase over last years effective tax rate is partially caused by the abolishment of county education districts and the subsequent exercise by the school districts of their full taxing authority. The amendment gives school districts the option of publishing information related to last years county education districts taxes on the average homestead. The amendment does not, however, relieve a school district from holding a hearing on a proposed tax increase that exceeds statutory limits. Comments from individuals were received. Two of the comments requested that the section be amended to permit school districts to add county education district revenue to the effective and rollback tax rates. These suggestions were rejected because they did not conform to the Tax Code, sec.sec.26.012, 26. 04, and 26.06. Two of the comments requested that sec.9.17 permit a school district to add to the form adopted by reference information concerning last years county education district taxes on the average homestead. These comments were accepted because the addition of this information could clarify for taxpayers the effect on the average homestead of the abolishment of the county education district. This additional information, however, will not change a school districts effective tax rate and therefore, will not change the school districts legal responsibility to hold a public hearing if the proposed tax rate exceeds statutory limits. The addition of this information will be optional for school districts. The amendment is adopted under the Tax Code, sec.26.06, which requires the comptroller to prescribe the form for publishing notice of public hearing on a tax increase, and the Tax Code, sec.26.04, which requires the comptroller to prescribe the form for publishing notice of effective and rollback tax rates. sec.9.17. Notice of Public Hearing on Tax Increase. (a) A taxing unit that is required by the Tax Code, sec.26.06, to publish a notice of public hearing on a proposed tax increase shall use the form and wording of Model Form 26.06 in publishing the notice. (b) Model Form 26.06, as amended August 23, 1993, is adopted by reference. Copies may be obtained from the Comptroller of Public Accounts, Property Tax Division, 4301 Westbank Drive, Building B, Suite 100, Austin, Texas 78746-6565. 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 August 23, 1993. TRD-9327734 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 13, 1993 Proposal publication date: July 19, 1993 For further information, please call: (512) 463-4028 34 TAC sec.9.19 The Comptroller of Public Accounts adopts an amendment to sec.9.19, concerning notice of effective and rollback tax rates, with changes to the proposed text as published in the July 23, 1993, issue of the Texas Register (18 TexReg 4864). The change in sec.9.19 corrects the date of amendments to the form adopted by reference. The amendments to sec.9.19 are necessary because Senate Bill 7, 73rd Legislature, 1993, required a change in the rollback tax rate calculation for a school district. In addition, Senate Bill 668, 73rd Legislature, 1993, requires that a taxing unit transferring by written contract discontinued departments, functions, or activities to another taxing unit publish certain information in the notice. Likewise, a taxing unit accepting the transfer by written contract of these discontinued functions must publish certain information. Section 9.19 adopts by reference an amended form for publication of notice of effective and rollback tax rates. The form reflects the change in a school district's rollback tax rate calculation and provides the information required of taxing units transferring departments, functions, or activities. Comments from individuals were received regarding adoption of sec.9.19. The comments requested that the section be amended to permit school districts to add county education district revenue to the effective and rollback tax rates. These suggestions were rejected because they did not conform to the Tax Code, sec. sec.26.012, 26.04, and 26.06. sec.9.19. Notice of Effective and Rollback Tax Rates. (a) A taxing unit shall use the form and wording of Model Form 26.04 in publishing the notice of effective tax rate and other information required to be published by the Tax Code, sec.26.04(e). A county may modify the model form by inserting additional columns of effective and rollback rate calculations for each type of tax the county levies. A form so modified must also state the total effective and rollback tax rates for the county. (b) The type size used in the notice may not be smaller than eight points. (c) Notice for taxing units may be combined, provided each meets the requirements of subsection (b) of this section. (d) Model Form 26.04 amended August 23, 1993, is adopted by reference. (e) Copies may be obtained from the Comptroller of Public Accounts, Property Tax Division, 4301 Westbank Drive, Building B, Suite 100, Austin, Texas 78746- 6565. 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 August 23, 1993. TRD-9327735 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: September 13, 1993 Proposal publication date: July 19, 1993 For further information, please call: (512) 463-4028 SOCIAL SER point=13.95p set=13.95p>AND ASSISTANCE Department point=13.05p set=13.05p>of Human Services Chapter 27. Intermediate Care Facilities for the Mentally Retarded (ICFs-MR) Subchapter D. Reimbursement Methodology 40 TAC sec.27.413, sec.27.415 The Texas Department of Human Services (DHS) adopts amendments to sec.sec.27.413 and 27.415, concerning rate setting methodology and ICF-MR/RC VIII experimental class, in its Intermediate Care Facilities for the Mentally Retarded (ICFs-MR) chapter. The amendments are adopted without changes to the proposed text published in the July 16, 1993, issue of the Texas Register (18 TexReg 4631). The justification for the amendment to sec.27.413(c)(3)(B) is to delete from the reimbursement methodology the name of a facility which recently changed from a large facility to a six-bed facility and is no longer eligible for the children's facility rate class. The purpose for the amendment to sec.27.413(f) and sec.27.415(c)(1)(B) is to incorporate changes resulting from implementation of the new Form 3650, Level of Care. These changes amend the qualifying scores for supplemental reimbursement for high-need ICF-MR VI clients and supplemental payments for qualifying ICF-MR clients with related conditions. The amendments will function by clarifying which facilities are in the children's rate class and continuing appropriate reimbursement for high-need clients. No comments were received regarding adoption of the amendments. 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 August 24, 1993. TRD-9327796 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: July 16, 1993 For further information, please call: (512) 450-3765 Chapter 48. Community Care for Aged and Disabled Medicaid Waiver Program for Persons with Related Conditions 40 TAC sec.48.2103 The Texas Department of Human Services (DHS) adopts an amendment to sec.48. 2103, with changes to the proposed text as published in the July 16, 1993, issue of the Texas Register (18 TexReg 4634). The justification for the amendment is to allow certain foster care children and Aid to Families with Dependent Children recipients to receive Community Living Assistance and Support Services (CLASS) waiver services. The amendment will function by allowing qualified individuals to receive needed waiver services. No comments were received regarding adoption of the amendment. DHS, however, has initiated a minor change to clarify the text of sec.48.2103(a)(5)(B). DHS has deleted the word "family." The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provide 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. sec.48.2103. Participant Eligibility Criteria. (a) To be determined eligible by the Texas Department of Human Services (DHS) for waiver program services, an applicant must: (1)-(3) (No change.) (4) be an individual who would be financially eligible for Medicaid if residing in a Medicaid-certified institution. For these individuals, the policies specified in subparagraphs (A) and (B) of this paragraph apply. (A) Spousal impoverishment provisions. (i)-(iv) (No change.) (B) Calculation of participant copayment. (i)-(ii) (No change.) (iii) Participants must pay the copayment amount to the provider contracted to deliver authorized waiver services; or (5) be an individual under age 19: (A) for whom the Texas Department of Protective and Regulatory Services (TDPRS) assumes financial responsibility for, in whole or in part (not to exceed level II foster care payment); and (B) who is being cared for in a foster care home licensed or certified and supervised by: (i) TDPRS; or (ii) a licensed public or private nonprofit child-placing agency; or (6) be a member of a family that receives Medicaid as a result of qualifying for AFDC. (b)-(e) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 24, 1993. TRD-9327797 Nancy Murphy section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 Proposal publication date: July 16, 1993 For further information, please call: (512) 450-3765