Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part V. General Services Commission Chapter 117. Centralized Services Division Business Machine Repair 1 TAC sec.117.41 The General Services Commission adopts an amendment to sec.117.41, concerning business machine repair services, without changes to the proposed text as published in the September 7, 1993, issue of the Texas Register (18 TexReg 5940). The amendment to sec.117.41 will streamline and consolidate existing rules. The amendment to sec.117.41 outlines the scope of business machine repair for governmental entities. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 601b, which provide the General Services Commission with the authority to promulgate rules to accomplish the purpose of the Article. 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 October 26, 1993. TRD-9331027 Judith Porras General Counsel General Services Commission Effective date: November 17, 1993 Proposal publication date: September 7, 1993 For further information, please call: (512) 463-3583 1 TAC sec.117.42, sec.117.43 The General Services Commission adopts the repeal of sec.117.42 and sec.117. 43, concerning business machine repair services, without changes to the proposed text as published in the September 7, 1993, issue of the Texas Register (18 TexReg 5941). The repeal of these sections will consolidate existing rules. The repeal of sec.117.42 and sec.117.43 will delete burdensome language that is to be consolidated into amended sec.117.41. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 601b, which provide the General Services Commission with the authority to promulgate rules to accomplish the purpose of that Article. 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 October 26, 1993. TRD-9331026 Judith Porras General Counsel General Services Commission Effective date: November 17, 1993 Proposal publication date: September 7, 1993 For further information, please call: (512) 463-3583 Part XV. Health and Human Services Commission Chapter 351. Coordinated Planning and Delivery of Health and Human Services 1 TAC sec.351.1 (Editor's note: The preamble of the following rule was published in the September 17, 1993, issue of the Texas Register (18 TexReg 6297). Due to a publishing error the preamble was published without the text of the rule.) The Health and Human Services Commission (HHSC) adopts new sec.351.1 with changes to the proposed text as published in the July 16, 1993, issue of the Texas Register (18 TexReg 4556). The justification for the new section is to ensure that rules promulgated by component agencies comply with the commission's coordinated strategic plan, existing statutory authority, and rules of other health and human services agencies. Additionally, the commission is to review rules for budgetary implications. The new rule describes the commission's procedures for review of all component agencies' rules except for Medicaid rules. The State Medicaid Office, a function of HHSC, approves and issues Medicaid rules. The new section will function by providing a more efficient, coordinated and cost effective service delivery system for health and human services. HHSC received comments from the Texas Department of Protective and Regulatory Services, Texas Department of Health, Texas Department of Human Services, Texas Commission on Alcohol and Drug Abuse, Texas Association of Regional Councils, and the Texas Medical Association. The following comments were received concerning the proposed rule. Comment: One commentor recommended that the following sentence be added to sec.351.1(c). "The commission's review of emergency rules will take place after those emergency rules are published as proposed rules." Response: HHSC agrees and has added this phrase. Comment: One commentor questioned HHSC's authority to review public comments. Response: There may be instances in which HHSC should consider all public comments received by the rulemaking agency in order to fully understand the issues of the proposed rule. Comment: One commentor requested that the HHSC amend sec.351.1(d) to notify component agencies when a proposed rule meets with approval. Response: HHSC believes that the absence of a request to withdraw or amend a proposed rule serves as notification that the HHSC does not object to a propose rule; therefore, HHSC is adopting the rule without the recommended change. Comment: One commentor recommended that sec.351.1(d) be revised to require that HHSC notify a component agency of the reason it requires withdrawn or amendment of a proposed rule. Response: HHSC agrees, and has added the phrase "of its reasons for the request." Comment: Two commentors requested that HHSC amend the proposed rule to define the "designated review period" to be the public comment period for the proposed rule. Response: HHSC will consider issues raised in public comments on rules. Therefore, HHSC is adopting the rule without the recommended change. Comment: One commentor requested that cost implications for local governments be built into the commission's review process of agency rules. Response: State law requires this. See Article 6252-13a, sec.5(a)(4), Texas Civil Statutes. Comment: One commentor recommended that decentralizing program administration be encouraged as policy by the HHSC. Response: HHSC will consider this recommendation in connection with its strategic planning. The new rule is adopted under Texas Revised Civil Statutes, Article 4413(502) sec.15, which provide the commission with authority to review all proposed rules of health and human services agencies for compliance with its coordinated strategic plan, existing statutory authority, rules of other health and human services agencies, and budgetary implication; and the authority to notify an agency within the designated review period for a proposed rule if the commission requires withdrawal or amendment of the proposed rule. sec.351.1. Health and Human Services Commission Review of Component Agency Rules. (a) Purpose. This rule implements the Health and Human Services Commission (HHSC) review of its component agencies' rulemaking. State law empowers HHSC to review all proposed rules of its component agencies for compliance with its coordinated strategic plan, existing statutory authority, rules of other health and human services agencies, and budgetary implications. HHSC may notify its component agencies that it requires withdrawal or amendment of their proposed rules. Article 4413(502) sec.15, Texas Civil Statutes. This rule describes the procedures for all rules except Medicaid rules. The State Medicaid Office, a function of HHSC, approves and issues Medicaid rules. (b) Notice by Publication. Publication of a proposed rule in the Texas Register is notice to the commission that a component agency proposes to adopt a rule. (c) Notice of Emergency Rules. The power of the component agencies to enact emergency rules is not impaired by the commission's review of component agency rules. The commission's review of emergency rules will take place after those emergency rules are published as proposed rules. (d) Notice of Requirement for Withdrawal or Amendment. Before a component agency adopts a rule, if the commission requires the withdrawal or amendment of the rule, the commission will notify the component agency in writing of its reasons for the request. The commission signifies its approval of a proposed rule by not notifying the component agency in writing that the commission requires the withdrawal or amendment of the rule before the component agency adopts a rule. (e) Procedures. HHSC will inform the component agencies from time to time of its procedures by which component agencies shall keep HHSC informed as they develop rules. 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 September 10, 1993. TRD-9328678 Debby Gardner General Counsel Health and Human Services Commission Effective date: October 1, 1993 Proposal publication date: July 16, 1993 For further information, please call: (512) 502-3200 TITLE 4. AGRICULTURE Part IX. Texas Veterinary Medical Diagnostic Laboratory Chapter 162. Pullorum Disease and Fowl Typhoid Program 4 TAC sec.sec.162.1-162.10 (Editor's Note: New sec.sec.162.1-162.10 were inadvertently proposed as sec.sec.102.1-102.10. This sequence of section numbers does not correspond with Part IX. The section numbers are being adopted as sec.sec.162.1-162.10. However, the language to these rules is being adopted without changes.) The Texas Veterinary Medical Diagnostic Laboratory adopts new sec.sec.162. 1- 162.10, without changes to the proposed text as published in the September 7, 1993, issue of the Texas Register (18 TexReg 5941). Through this program, the Texas poultry industry (eggs, broiler, turkey and other poultry) is able to meet and maintain the National Poultry Improvement Plan-APHIS-VS testing requirements for "U.S. Pullorum-Typhoid Clean State." The program allows the Texas poultry industry to be competitive with other states and increase the health status of their birds. Through TVMDL-TAMUS personnel, poultry flocks will be systematically tested, positive flocks removed as breeders and necessary records maintained to verify poultry flock disease status under this program. No comments were received regarding adoption of the new sections. The new sections are adopted under the Agriculture Code, sec.168.002, which provides the Texas Agricultural Experiment Station with the authority to promulgate and administer a program to control and eradicate pullorum disease and fowl typhoid. 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 College Station, Texas, on October 21, 1993. TRD-9330974 A. K. Eugster Executive Director Texas Veterinary Medical Diagnostic Laboratory Effective date: November 16, 1993 Proposal publication date: September 7, 1993 For further information, please call: (409) 845-9000 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 3. Oil and Gas Division Conservation Rules and Regulations 16 TAC sec.3.50 The Railroad Commission of Texas adopts an amendment to sec.3.50, concerning enhanced oil recovery projects-approval and certification for tax incentive, without changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5545). Adoption of the amendment will provide for an extended time to apply for enhanced oil recovery project approval. Adoption of the proposed amendment will encourage the production of high-cost oil and gas resources. One commentor suggested removal of the phrase "the operator must" in subsection (d)(1) for clarity. The commission disagrees. The phrase does not cause confusion. Texas Mid-Continent Oil and Gas Association was in favor of the proposed amendment. There were no comments opposing the proposed amendment. The Railroad Commission adopts the amendment pursuant to the Texas Natural Resources Code, sec.81.052, and the Tax Code, sec.202.054. The rule, as amended, implements the Tax Code, sec.202.054, which provides for Railroad Commission certification of enhanced recovery projects. 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 October 25, 1993. TRD-9331033 Mary Ross McDonald Assistant Director, Legal Division, Gas Utilities/LP-Gas Railroad Commission of Texas Effective date: November 17, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-6802 Chapter 11. Surface Mining and Reclamation Division Subchapter E. Quarry and Pit Safety 16 TAC sec.sec.11.1004, 11.1005, 11.1021, 11.1033, 11.1034, 11. 1038, 11.1040, 11.1043, 11.1081 The Railroad Commission of Texas adopts amendments to sec. sec.11.1004, 11. 1005, 11.1021, 11.1033, 11.1034, 11.1038, 11.1040, 11.1043, and 11.1081, concerning quarry and pit safety, without changes to the proposed text as published in the September 21, 1993, issue of the Texas Register (18 TexReg 6393). These rules are being amended to update Quarry and Pit Safety certificate application procedures. Effective September 1, 1993, the Aggregate Quarry and Pit Safety Act (Texas Natural Resources Code, Chapter 133) was amended to provide new definitions, barrier requirement waivers, and reduced fees for governmental entities. The Railroad Commission has made those changes within these rules. The amended rules will eliminate compliance costs for those entities which qualify for a waiver and will reduce application costs for governmental entities. No comments were received regarding adoption of the proposals. The amendments are adopted under the Natural Resources Code, sec.133.014, which provides the commission with the authority to adopt regulations as necessary to implement and enforce the Act. The following are the sections that are affected by these sections: sec.11. 1004-the Natural Resources Code (Code), sec.133.003; sec.11.1005-Code, sec.sec.133.041, 133.046 and sec.133.051; sec.11.1021-Code, sec.133.047; sec.11. 1033-Code, sec.133.041; sec.11.1034-Code, sec.133.042; sec.11.1038-Code, sec.133.045; sec.11.1040 -Code, sec.133.046; sec.11.1043-Code, sec.133.051; and sec.11.1081-Code, sec.133.041. 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 October 25, 1993. TRD-9330928 Mary Ross McDonald Assistant Director Legal Division-Gas Utilities/LP Gas Effective date: November 16, 1993 Proposal publication date: September 21, 1993 For further information, please call: (512) 463-6989 Part IV. Texas Department of Licensing and Regulation Chapter 60. Texas Commission of Licensing and Regulation Subchapter B. Organization of the Commission of Licensing and Regulation 16 TAC sec.60.22, sec.60.25 The Texas Department of Licensing and Regulation adopts amendments to sec.60.22 and sec.60.25, concerning organization of the Commission of Licensing and Regulation. Section 60.22 is adopted with changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5546). Section 60.25 is adopted without changes and will not be republished. The change to sec.60.22 corrects a typographical error in the Houston office address. Section 60.22 updates field office addresses and sec.60.25 aligns the language for persons with disabilities. The amendments will improve program accessibility and eliminate confusion between state and federal statutes. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 9100, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the Act. sec.60.22. Offices. (a) (No change.) (b) Regional and field offices for the department are established at the following locations: (1) 400 South Collins, Suite 100, Arlington, Texas 76010; (2) 3800 Paluxy Square, Suite 420, Tyler, Texas 75703; (3) 321 Center Street, W-101, San Antonio, Texas 78202; (4) 4410 Dillon Lane, Suite 3, Corpus Christi, Texas 78415; (5) 2002 West University Drive, Suite 4, Edinburg, Texas 78539; (6) 1220 Broadway, Suite 1105, Lubbock, Texas 79401; (7) 661 Mesa Hills, Suite 104, El Paso, Texas 79912; (8) 1414 South Loop West, Suite 140, Houston, Texas 77054; and (9) 6600 Sanger, Suite 6, Waco, Texas 76710. 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 October 19, 1993. TRD-9330939 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 16, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-3127 Subchapter C. Fees 16 TAC sec.sec.60.68, 60.70, 60.75 The Texas Department of Licensing and Regulation adopts amendments to sec.sec.60.68, 60.70, and 60.75, concerning fees, without changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5547). The amendments clarify existing rules and align fees with assigned statute rules. The rules will function to clarify existing rules and align fees with the source document. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 9100, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the Act. 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 October 18, 1993. TRD-9330938 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 16, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-3127 Subchapter D. Practice and Procedure 16 TAC sec.sec.60.104, 60.107, 60.154, 60.156, 60.170, 60.173, 60. 176, 60.177, 60.191, 60.194 The Texas Department of Licensing and Regulation adopts new sec.60.156 and amendments to sec.sec.60.104, 60.107, 60.173, 60.176, 60.177, 60.191, and 60.194, concerning practice and procedure. Sections 60.107, 60.156, and 60.173 are adopted with changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5548). Sections 60.104, 60.154, 60.170, 60.176, 60.177, 60.191, and 60.194 are adopted without changes and will not be republished. Changes to the sections clarify the intention of the proposal and cite the Government Code instead of the Administrative Procedure and Texas Register Act. The new section and amendments provide parties in a contested case hearing with a more complete and clear set of procedural rules. The rules will function by improving the efficiency of hearings resulting in timely enforcement actions. No comments were received regarding adoption of the sections. The new section and amendments are adopted under Texas Civil Statutes, Article 9100, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the Act. sec.60.107. Parties. (a) All parties must have a justiciable interest in the proceedings in order to be designated as parties. (b) (No change.) (c) Any person/agency who has a justiciable interest and who is not an Applicant or Respondent and who desires to be designated as a party in a contested case before the Commission/Commissioner may file a petition for leave to intervene. (d) The Hearings Examiner shall rule on all petitions for leave to intervene. Petitions may be denied if the Hearings Examiner determines that there is insufficient time for existing parties to prepare in light of the intervention and/or the Hearings Examiner may entertain a motion for a continuance. All petitions for intervention shall be subject to a motion to strike. sec.60.156. Discovery. (a) A request for issuance of a commission to take deposition shall be filed with the Hearings Examiner with a proposed commission to take deposition only if parties disagree on the scheduling of the deposition. Depositions shall be returned as provided in the Government Code, Title 10, Subtitle A, Chapter 2001. (b) The Hearings Examiner may issue protective orders, orders compelling discovery responses, and orders imposing sanctions for failure to comply with discovery orders. Requests for such orders shall be considered after reasonable notice and opportunity for hearing. Requests for discovery orders shall contain a statement under oath or affirmation that, after due diligence, the desired information can not be obtained through informal means. (c) An Order imposing sanctions may: (1) disallow any further discovery of any kind or of a particular kind by the disobedient party; (2) require the party, the party's representative, or both to obey the discovery order; (3) require the party, the party's representative, or both to pay reasonable expenses, including attorney fees, incurred by reason of the party's noncompliance; (4) direct that the matters regarding which the discovery order was made shall be deemed established in accordance with the claim of the party obtaining the order; (5) refuse to allow the disobedient party to support or oppose designated claims or defenses or prohibit the party from introducing designated matters in evidence; (6) strike pleadings or parts thereof or abate further proceedings until the order is obeyed; or (7) if entered by the Commission or Commissioner, dismiss the action or proceeding or any part thereof or render a decision by default against the disobedient party. (d) Any discovery order or subpoena and any order imposing sanctions issued by the examiner are subject to review by filing an appeal to the Commissioner within seven days after the order is issued. Such appeal may be carried with the underlying case by agreement of the parties or if the Commissioner fails to act within 14 days after the appeal is filed. 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 October 18, 1993. TRD-9330941 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 16, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-3127 Subchapter D. Practice and Procedure 16 TAC sec.60.156 The Texas Department of Licensing and Regulation adopts the repeal of sec.60.156 concerning discovery in a contested case hearing, without changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5549). The section is being repealed to allow for the adoption of a new section which will provide parties in a contested case hearing with a more complete and clear set of procedural rules. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 9100, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the Act. 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 October 18, 1993. TRD-9330940 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 16, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-3127 Chapter 69. Manufactured Housing Standards and Requirements 16 TAC sec.69.54, sec.69.62 The Texas Department of Licensing and Regulation adopts amendments to sec.69.54, and sec.69.62 concerning the installation of manufactured homes. Section 69.62 is adopted with changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5550). Section 69.54 is adopted without changes and will not be republished. Section 69.62 is adopted with changes because the proposal contained a typographical error subparagraph (C). The amendments provide options in placement of piers under exterior doors and adds a new perimeter pier construction standard. The amendments will function to clarify existing rules which allow for more timely inspection reports. One comments in favor of the amendments was received during the comment period. The amendments are adopted under Texas Civil Statutes, Article 5221f, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the Act. sec.69.62. Blocking Standards. Installation of mobile homes and HUD-Code manufactured homes must meet or exceed the following support and blocking requirements. (1)-(7) (No change.) (8) Perimeter pier construction. (A) Piers shall be installed to provide support at designated locations. (B) The long dimension of concrete blocks may be placed in any direction at the support locations. (C) The piers must support the intersection of the interior joist and perimeter joist or a four by four inch wood brace must be provided across two or more transverse (interior) joist intervals supported by two piers. The brace shall be within one foot of the perimeter joist. 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 October 18, 1993. TRD-9330935 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 16, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-3127 Titling 16 TAC sec.69.204 The Texas Department of Licensing and Regulation adopts amendments to sec.69.204 concerning titling of manufactured homes with changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5550). The amendment requires manufacturers to use a form prescribed by the department for the manufacturer's certificate of origin. The amendment will function by providing proof that the sales/use tax has been paid on a manufactured home prior to the initial issuance of a document of title as required by Texas Civil Statutes, Article 5221f, Texas Manufactured Housing Standards Act. During the comment period, the Department of Licensing and Regulation received one written comment on the proposal. The Texas Manufactured Housing Association requested the word provided be changed to prescribed in paragraphs (1) and (3) for clarification. The department agrees with the comment and incorporates the suggestion. The amendment is adopted under Texas Civil Statutes, Article 5221f, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent and purposes of the Act. sec.69.204. Titling Forms. (a) Manufacturer's certificate of origin. (1) The manufacturer shall issue a manufacturer's certificate of origin for each new home, which is consigned, transferred, or sold to a retailer in this state. The certificate of origin information shall be on a form prescribed by the department. (2) (No change.) (3) If the manufacturer's certificate of origin (MCO) surrendered with the initial title application is not on the form prescribed by the department, title issuance shall be delayed pending proof of state sales/use tax payment. 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 October 19, 1993. TRD-9330936 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 16, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-3127 Chapter 70. Industrialized Housing and Buildings 16 TAC sec.sec.70.1, 70.10, 70.20, 70.21, 70.60-70.65, 70.70, 70. 73, 70.77, 70.80, 70.90-70.92 The Texas Department of Licensing and Regulation adopts new sec.sec.70.60-70. 65 and 70.90-70.92, and amendments to sec.sec.70.1, 70.10, 70.20, 70.21, 70.70, 70. 73, 70.77, and 70.80, concerning industrialized housing and buildings. Section 70.10 is adopted with changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5551). Sections 70.1, 70.20, 70.21, 70.60-70.65, 70.70, 70.73, 70.77, 70.80, and 70.90-70.92 are adopted without changes and will not be republished. The sections clarify, edit, renumber, and reorganize existing rules and add reimbursement of travel expenses to sec.70.80(f), (g), (j), and (k). The change to sec.70.10 is to correct a typographical error in the definition of Installation. The new and amended rules will function to clarify requirements for the regulated and enhance enforcement through self compliance. No comments were received regarding adoption of the sections. The new and amended sections are adopted under Texas Civil Statutes, Article 5221f-1, and Title 132A, Texas Department of Licensing and Regulation, Texas Civil Statutes, Article 9100, which provide authorization for the commissioner to promulgate rules and enforce compliance with adopted building codes for industrialized housing and buildings. sec.70.10. Definitions. (a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1)-(6) (No change.) (7) Commissioner's designee-A person appointed by the commissioner to act in a capacity of authority. (8) Compliance Control Program-The manufacturer's system, documentation, and methods of assuring that industrialized housing, buildings, and modular components, including their manufacture, storage, handling, and transportation conform with the Act and this chapter. (9) Component-A sub-assembly, subsystem, or combination of elements for use as a part of a building system or part of a modular component that is not structurally independent, but may be part of structural, plumbing, mechanical, electrical, fire protection, or other systems affecting life safety. (10) Decal-The approved form of certification issued by the department to the manufacturer to be permanently affixed to the module indicating that it has been constructed to meet or exceed to the code requirements and in compliance with these sections. (11) Design package-The aggregate of all plans, designs, specifications, and documentation required by these sections to be submitted to the design review agency, or required by the design review agency for compliance review, including the compliance control manual and the on-site construction documentation. Unique or site specific foundation drawings and special on-site construction details prepared for specific projects are not a part of the design package except as expressly set forth in sec.70.74 of this title (relating to Alterations and Deviations). (12) Design review agency-An approved organization, private or public, determined by the council to be qualified by reason of facilities, personnel, experience, demonstrated reliability to review designs, plans, specifications, and building systems documentation, and to certify compliance to these sections evidenced by affixing the council's stamp. The Act designates the department as a design review agency. (13) ICBO-International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601. (14) Industrialized builder-A person who is engaged in the assembly, connection, and on-site construction and erection of modules or modular components at the building site or who is engaged in the purchase of industrialized housing or buildings or of modules or modular components from a manufacturer for sale or lease to the public; a subcontractor of an industrialized builder is not a builder for purposes of these sections. (15) Insignia-The approved form of certification issued by the department to the manufacturer to be permanently affixed to the modular component indicating that it has been constructed to meet or exceed the code requirements and in compliance with the sections in this chapter. (16) Installation-On-site construction (see paragraph (25) of this subsection). (17) Lease, or offer to lease-A contract or other instrument by which a person grants to another the right to possess and use for a specified period of time in exchange for payment of a stipulated price. (18) Local building official-The agency or department of a municipality or other local political subdivision with authority to make inspections and to enforce the laws, ordinances, and regulations applicable to the construction, alteration, or repair of residential and commercial structures. (19) Manufacturer-A person who constructs or assembles modules or modular components at a manufacturing facility which are offered for sale or lease, sold or leased, or otherwise used. (20) Manufacturing facility-The place other than the building site, at which machinery, equipment, and other capital goods are assembled and operated for the purpose of making, fabricating, constructing, forming, or assembly of industrialized housing, buildings, modules, or modular components. (21) Model-A specific design of an industrialized house, building, or modular component which is based on size, room arrangement, method of construction, location, arrangement, or size of plumbing, mechanical, or electrical equipment and systems therein in accordance with an approved design package. (22) Module-A three dimensional section of industrialized housing or buildings, designed and approved to be transported as a single section independent of other sections, to a site for on-site construction with or without other modules or modular components. (23) NFPA-National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269. (24) Nonsite specific building-An industrialized house or building for which the permanent site location is unknown at the time of construction. (25) On-site construction-Preparation of the site, foundation construction, assembly and connection of the modules or modular components, affixing the structure to the permanent foundation, connecting the structures together, completing all site-related construction in accordance with designs, plans, specifications, and on-site construction documentation. (26) Open construction-That condition where any house, building, or portion thereof is constructed in such a manner that all parts or processes of manufacture can be readily inspected at the building site without disassembly, damage to, or destruction thereof. (27) Permanent foundation system-A foundation system for industrialized housing or buildings designed to meet the applicable building code as set forth in sec.70.100 of this title (relating to Mandatory State Codes) and sec.70.102 of this title (relating to Use and Construction of Codes). (28) Person-An individual, partnership, company, corporation, association, or any other legal entity, however organized. (29) Price-The quantity of an item that is exchanged or demanded in the sale or lease for another. (30) Public-The people of the state as a whole to include individuals, companies, corporations, associations or other groups, however organized, and governmental agencies. (31) Registrant-A person who, or which, is registered with the department pursuant to the rules of this chapter as a manufacturer, builder, design review agency, third party inspection agency, or third party inspector. (32) Residential structure-Industrialized housing designed for occupancy and use as a residence by one or more families. (33) Sale, sell, offer to sell, or offer for sale-Includes any contract of sale or other instrument of transfer of ownership of property, or solicitation to offer to sell or otherwise transfer ownership of property for an established price. (34) SBCCI-Southern Building Code Congress International, Inc., 900 Montclair Road, Birmingham, Alabama 35213. (35) Site or building site-A lot, the entire tract, subdivision, or parcel of land on which industrialized housing or buildings are sited. (36) Special conditions and/or limitations-On-site construction documentation which alerts the local building official of items, such as handicapped accessibility or placement of the building on the property, which may need to be verified by the local building official for conformance to the mandatory state codes. (37) Structure-An industrialized house or building which results from the complete assemblage of the modules, modular components, or components designed to be used together to form a completed unit. (38) Third party inspector-An approved person or agency, private or public, determined by the council to be qualified by reason of facilities, personnel, experience, demonstrated reliability, and independence of judgement to inspect industrialized housing, buildings, and portions thereof for compliance with the approved plans, documentation, compliance control program, and applicable code. (b) Other definitions may be set forth in the text of the sections in this chapter. For purposes of these sections, the singular means the plural, and the plural means the singular. 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 October 18, 1993. TRD-9330943 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 16, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-3127 16 TAC sec.sec.70.60-70.67, 70.90-70.95 The Texas Department of Licensing and Regulation adopts the repeal of sec.sec.70.60-70.67 and 70.90-70.95, concerning industrialized housing and buildings, without changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5556). The department adopts the repeal to allow for the adoption of edited, renumbered, and reorganized new sections. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 5221f-1 and Title 132A, Texas Department of Licensing and Regulation, Texas Civil Statutes, Article 9100, which provide authorization for the commissioner to promulgate rules and enforce compliance with adopted building codes for industrialized housing and buildings. 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 October 18, 1993. TRD-9330942 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 16, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-3127 Chapter 75. Air Conditioning and Refrigeration Contractor License Law 16 TAC sec.sec.75.10, 75.20-75.22, 75.24, 75.70, 75.80 The Texas Department of Licensing and Regulation adopts amendments to sec.sec.75.10, 75.20-75.22, 75.24, and 75.80, and new sec.75.70, concerning air conditioning and refrigeration contractors, without changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5557). Section 75.10 deletes an unnecessary definition, sec.75.20 clarifies requirements for applications, sec.75.21 adds a requirement for a rescheduling fee and simplifies the language of the section, sec.75.22 deletes a provision now in the statute and a provision that is being moved to another section, sec.75.24 changes the lead time for renewal notices, sec.75.70 clarifies the language and adds a requirement to provide addresses of non-permanent offices, and sec.75.80 specifies the reschedule fee. The justification for the new rule, which replaces one that is being repealed, is that it will make requirements of licensees clearer and easier for the licensee to follow. The justification for the amendments is that a reschedule fee will enable the department to recover extra costs accrued when applicants reschedule, and that other rules language will be clearer. The new rule will function by making compliance easier, and the amendments will function by increasing program efficiency. No comments were received regarding adoption of the amendments and new section. The amendments and new section are adopted under Texas Civil Statutes, Article 8861, which authorize the Texas Department of Licensing and Regulation to license and regulate air conditioning and refrigeration contractors. 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 October 18, 1993. TRD-9330934 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 16, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-3127 16 TAC sec.75.70 The Texas Department of Licensing and Regulation adopts the repeal of sec.75.10, concerning air conditioning and refrigeration contractors, without changes to the proposed text as published in the August 20, 1993, issue of the Texas Register (18 TexReg 5557). The section is being repealed to allow adoption of a new section which will clarify existing language. No comments were received regarding adoption of the repeal. The repeal is adopted under Texas Civil Statutes, Article 8861, which authorize the Texas Department of Licensing and Regulation to license and regulate air conditioning and refrigeration contractors. 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 October 18, 1993. TRD-9330937 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: November 16, 1993 Proposal publication date: August 20, 1993 For further information, please call: (512) 463-3127 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. The Texas Department of Human Services Chapter 15. Medicaid Eligibility Subchapter C. Basic Program Requirements 40 TAC sec.15.300 The Texas Department of Human Services (DHS) adopts amendments to sec.15. 300, 15.435, and 15.460, concerning basic program requirements, resources, and income exemptions in its Medicaid Eligibility rule chapter. The purpose for the amendment to sec.15.300 is to comply with federal regulations that mandate that states disallow Medicaid eligibility to aliens admitted to the United States under temporary protected status. The purpose for the amendment to sec.15.435 is to comply with federal law that mandates that states repeal the April 30, 1994, expiration date for the exclusion of state relocation assistance payments from income and resources. The purpose for the amendment to sec.15.460 is to comply with federal law that mandates that states include hazardous duty pay of a spouse or parent as an income exemption. The amendments will function by making DHS's Medicaid Eligibility rules consistent with federal regulations. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. The amendment implements the Human Resources Code, sec.22.002(a) and sec.32.021(c). The amendment is adopted in compliance with federal requirements effective August 3, 1993. sec.15.300. United States Citizenship and Residence Requirements. (a)-(b) (No change.) (c) Continuous residence in the United States from January 1, 1972, is proof that an individual is a resident under the color of law unless available information proves otherwise. The color of law provision does not include: (1) undocumented or illegal aliens whose departure INS would enforce; (2) legal aliens who are neither immigrants nor permanent residents of the United States Legal aliens include but are not limited to tourists, students, temporary employees, officials of foreign governments or international organizations, and the families or servants of these officials; and (3) aliens admitted under temporary protected status. (This status is granted when an ongoing armed conflict, natural disaster, or other extraordinary and temporary condition prevents the individual from returning to his home country.) (d)-(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 October 27, 1993. TRD-9331040 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: August 3, 1993 For further information, please call: (512) 450-3765 40 TAC sec.15.435 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. The amendment implements the Human Resources Code, sec.22.002(a) and sec.32.021(c). The amendment is adopted in compliance with federal requirements effective October 1, 1993. sec.15.435. Liquid Resources. (a)-(i) (No change.) (j) Relocation assistance and crime victims compensation. Public Law 101-508 excludes payments from a state-administered fund to aid victims of crime. These payments are excluded as resources for nine months following the month of receipt. Public Law 101-508 also excludes as resources payments that a state or local government may make as relocation assistance for nine months following the month of receipt. This exclusion is effective May 1, 1991. (k)-(n) (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 October 27, 1993. TRD-9331039 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 For further information, please call: (512) 450-3765 40 TAC sec.15.460 The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs. The amendment implements the Human Resources Code, sec.22.002(a) and sec.32.021(c). The amendment is adopted in compliance with federal requirements effective October 1, 1993. sec.15.460. Income Exemptions. (a) (No change.) (b) The department exempts income that a client receives from any of the following sources: (1)-(34) (No change.) (35) hazardous duty pay of a spouse or parent absent from the home because of active military service. 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 October 27, 1993. TRD-9331038 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: October 1, 1993 For further information, please call: (512) 450-3765 Part II. Texas Rehabilitation Commission Chapter 117. Special Rules and Policies 40 TAC sec.117.4 The Texas Rehabilitation Commission (TRC) adopts new sec.117.4, concerning Criminal Conviction Records. The new section is adopted without changes to the proposed text as published in the September 10, 1993, issue of the Texas Register (18 TexReg 6089). The justification for the new section is to provide the Texas Rehabilitation Commission with the criminal conviction records on personnel to be employed which will protect persons with disabilities. The section will function by providing the Texas Rehabilitation Commission with the criminal conviction records on personnel about to be employed which will protect persons with disabilities. No comments were received regarding adoption of the new section. The new section is adopted under the Human Resources Code, Title 7, 111.058, which provides the Texas Rehabilitation Commission with the authority to make regulations governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, investigation, and determination for rehabilitation and other services, procedures for hearings, and other regulations subject to this section as necessary to carry out the purposes of this chapter. 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 October 25, 1993. TRD-9330997 Charles W. Schiesser Associate Commissioner for Legal Services Texas Rehabilitation Commission Effective date: December 12, 1993 Proposal publication date: September 10, 1993 For further information, please call: (512) 483-4051 Part III. Texas Commission on Alcohol and Drug Abuse Chapter 152. Approved Alcohol Awareness Programs General Provisions 40 TAC sec.sec.152.1, 152.2, 152.4, 152.5 The Texas Commission on Alcohol and Drug Abuse adopts amendments to sec.152.1, 152.2, 152.4, and 152.5, concerning Alcohol Awareness Program standards and procedures. Section 152.4 is adopted with changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4489). Sections 152.1, 152.2, and 152.5 are adopted without changes and will not be republished. Section 152.1 clarifies the definition of an approved program and corrects the legal citation granting the Texas Commission on Alcohol and Drug Abuse authority to approved programs. Section 152.2 corrects the citation directing the Texas Commission on Alcohol and Drug Abuse to set minimum operating standards for approved alcohol awareness programs. Section 152.4 references the inclusion of a fee for program approval and defines minimum administrator/instructor training certification requirements. Section 152.5 references the inclusion of a fee for program approval/renewal and requires documentation of revisions to an approved training certification. In sec.154.4, a change was made to further clarify minimum requirements for administrator/instructor training programs by requiring programs to provide a detailed description of the training program including the number of actual training clock hours that will be utilized. The sections will establish quality programming in alcohol awareness programs approved by the commission, as well as establish guidelines for curriculum content and training programs. One comment was received regarding the adoption of the amendment mandating a minimum of eight hours for the training of instructors and administrators. The Safety Education Program of the Texas A&M University made a comment against the amendment made to sec. 152.4(a)(4)(B). The comment received included a recommendation that the actual number of hours required for training instructors be clarified to include actual clock hours. This recommendation has been incorporated into the section. The amendments are adopted under the Alcoholic Beverage Code, Chapter 106, sec.106.115, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to publish rules and regulations for Approved Alcohol Awareness Programs. The code affected by these rules is the Alcoholic Beverage Code, Chapter 106, sec.106.115. sec.152.4. Program Approval. (a) A program seeking approval by the commission shall be required to: (1) make application to the commission on a prescribed application form accompanied by the initial application fee; (2)-(3) (No change.) (4) provide a detailed description of the administrator/instructor certification training which will be utilized to prepare program personnel to competently instruct and administrate the approved program. The detailed description shall include: (A) learning objectives to be accomplished in the training; (B) number of actual clock hours (no less than eight hours, excluding breaks, and other non-instructional time spent on details) the trainer will spend instructing individuals on the learning objectives during the training; (C) testing methods and actual training clock hours that will be utilized to demonstrate an individual's competency level and ability to complete the administrative aspects of the approved program, including the standards and procedures set forth in this chapter, and present the required classroom instruction material, including, a performance measure on the trained individual's knowledge and understanding of the curriculum content, curriculum teaching/presentation skills and techniques, and ability to operate/manipulate any required audiovisual equipment; (D) a standardized scoring system for the testing methods which reflects a trained individual's successful completion and certification as a trained administrator/instructor of the approved program; (E) number of actual training clock hours testing methods will encompass; (F) a written evaluation form to be distributed to and completed by trained individuals; and (G) names and credentialed qualifications of persons who will be utilized as trainers for the administrator/instructor training. 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 October 26, 1993. TRD-9330955 David P. Tatum Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: November 16, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 867-8720 40 TAC sec.152.8 The Texas Commission on Alcohol and Drug Abuse adopts new sec.152.8, concerning Approved Alcohol Awareness Program standards and procedures. Section 152.8 is adopted with changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4490). The new section establishes the fee schedule for new programs, payment of fees, recertification of programs, instructor recertification, and fee for duplication of certificates. In sec.152.8(d), an agency voucher was added to allow agencies to submit payment of the fee in this form. The section will allow greater flexibility when paying program fees. No comments were received regarding adoption of the new sections. The new section is adopted under the Alcoholic Beverage Code, Chapter 106, sec.106.115, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to publish rules and regulations for Approved Alcohol Awareness Programs. The code affected by this rule is the Alcoholic Beverage Code, Chapter 106, sec.106.115. sec.152.8. Fees. (a) In order to partially defray the costs of administering this chapter, fees will be assessed by the commission in accordance with the fee schedule set forth in subsection (b) of this section. (b) The schedule of fees shall be as follows: (1) initial application fee-$250; (2) application renewal fee-$125; (3) program approval certificate duplication or replacement fee-$5. (c) Fees paid to the commission by applicants are not refundable. (d) Remittances submitted to the commission in payment of fees may be in the form of cashier's check, money order, or agency voucher. 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 October 26, 1993. TRD-9330954 David P. Tatum Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: November 16, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 867-8720 Alcohol Awareness Program Standards 40 TAC sec.sec.152.24, 152.25, 152.29 The Texas Commission on Alcohol and Drug Abuse adopts amendments to sec.152.24, 152.25, and 152.29, concerning Approved Alcohol Awareness Programs standards and procedures. Section 152.25 is adopted with changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 Tex Reg 4491) Section 152.24 and sec.152.29 are adopted without changes and will not be republished. Section 152.24 revises text wording and clarification of reference to the Code of Federal Regulations citation by including the correct citation for the confidentiality regulation. Section 152.25 requires classroom facilities to comply with the Americans with Disabilities Act-1990, by adding the word "with" in the American with Disabilities Act-1990, clarifies the purpose of a screening instrument, and requires parameters for class sessions and utilization of approved program administrators and instructors. Section 152.29 includes additional instructor requirements. A change was made in Section 152. 25 (19) to include no more than three hours instead of four hours for the maximum class length. The sections will establish quality programming in alcohol awareness programs approved by the commission, as well as establishing guidelines for curriculum content and training programs. One comment was received recommending that class sessions be limited to three hours each. The Safety Education Program of the Texas A&M University made a comment against the amendment to sec.152.25(19). The comment included a recommendation that actual sessions be limited to three hours instead of four. This recommendation has been incorporated into the section. The amendments are adopted under the Alcoholic Beverage Code, Chapter 106, sec.106.115, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to publish rules and regulations for approved Alcohol Awareness Programs. The code affected by the amendments is the Alcoholic Beverage Code, Chapter 106, sec.106.115. sec.152.25. Program Operation Requirements. All approved programs shall be required to: (1)-(6) (No change.) (7) utilize appropriate classroom facilities for instruction which are in compliance with the Americans with Disabilities Act-1990; (8) administer and evaluate a screening instrument to each participant which has been approved by the commission for the purpose of identifying indicators of a potential substance abuse problem, which screening shall be performed by program personnel including program administrators and instructor, or if performed by support staff, under the direct supervision of program personnel; (9)-(10) (No change.) (11) make available a listing or roster of available chemical dependency counseling and treatment resources in the area to each participant whose screening instrument results identify indicators of a potential substance abuse problem indicating need for further evaluation; (12)-(16) (No change.) (17) maintain attendance records and class rosters which shall contain the following information for each participant: individual pre-course and post- course test scores; class averages of pre-course and post-test scores; screening instrument indicator code(s); screening instrument utilized; attendance records; and referral recommendations; (18) (No change.) (19) conduct class sessions which are not longer than three hours in length; (20) conduct no more than one class session per day; (21) provide a minimum of six hours of class instruction per course; (22) insure that all program instructors and administrators have attended and successfully completed the administrator/instructor certification training which was submitted to the commission for approval set forth under sec.152.4(a)(4) of this title (relating to Program Approval); and (23) provide the commission with a listing of all participants successfully completing the administrator/instructor certification training. 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 October 26, 1993. TRD-9330953 David P. Tatum Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: November 16, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 867-8720 Chapter 153. DWI Education Program Standards and Procedures General Provisions 40 TAC sec.sec.153.1, 153.4, 153.5 The Texas Commission on Alcohol and Drug Abuse adopts amendments to sec.153.1, 153.4, and 153.5, concerning DWI Education Program Standards and Procedures. Section 153.4 and sec.153.5 are adopted with changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4293). Section 153.1 is adopted without changes and will not be republished. The amendments correct definitions, name change of department at the commission and adding application fee. Section 153.1 adds wording for clarification on definitions and changes the membership of the DWI Education Program Certification Committee. Section 153.4 adds initial application fee, reflects name change of department at the commission where applications are available and are to be submitted, and corrects zip code. Section 153.5 clarifies application process and renewal fee, and corrects zip code. Changes to the proposed text were made in sec.153.4 and sec.153.5 to reflect the agency's new address. The amendments are to clarify definitions and the application process, implement name change of department at the commission, and establish initial application fee to insure quality education programs. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Code of Criminal Procedures, Article 42.12, sec.13h, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to promulgate written rules and regulations setting forth minimum standards and procedures for the operation of the Texas DWI Education Programs which are designed to provide information on the effects of alcohol and other drugs and driving skills; to help participants identify their own individual drinking or drugged driving patterns; and to assist participants in developing a plan to reduce the probability that will be involved in the future DWI behavior. The following is the code affected by these rules: Rule Number Code sec.sec.153. 1, 153.4, and 153.5 Texas Code of Criminal Procedures, Article 42.12 sec.13h. General Provisions sec.153.4. Program Certification. A program seeking certification must comply with the provisions of this Act and with the rules, regulations, and standards of the commission adopted under this Act. A certificate may be issued when the commission receives a prescribed application form accompanied by the initial application fee and the DWI Certification Committee grants approval of the application. The certificate will become effective on the first day of the following month after approval and will expire on August 31 of every even numbered year. A program shall be monitored by the commission or its designated representative during the initial certification and/or recertification period. Certified programs may be monitored without prior notice. Certified programs will be listed as potential referral schools in the Statewide DWI Education Program Directory. Non-certified programs are not eligible to receive referrals. Applications for certification are available from the commission's Offender Education Services Department, Texas Commission on Alcohol and Drug Abuse, 710 Brazos Street, Austin, Texas 78701-2576. sec.153.5. Certification Renewal. The commission shall issue a recertification notice 30 days prior to the expiration date of the certificate. Upon receiving a completed application form prescribed by the commission and the application renewal fee, the application will be reviewed for approval by the certification committee. When it is approved, a renewal certificate will be issued prior to the expiration date of the certificate. Any application received after the renewal date shall be treated as a new application for certification and shall be submitted as a new application to the commission's Offender Education Services Department, Texas Commission on Alcohol and Drug Abuse, 710 Brazos Street, Austin, Texas 78701-2576. 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 October 25, 1993. TRD-9330952 David P. Tatum Interim Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: November 16, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 867-8720 40 TAC sec.153.19 The Texas Commission on Alcohol and Drug Abuse adopts new sec.153.19, concerning DWI Education Program Standards and Procedures, with changes to the proposed text as published in the July 2, 1993, issue of the Texas Register (18 TexReg 4293). The new section establishes the fee schedule for new programs, payment of fees, recertification of programs, instructor recertification and fee for duplication of certificates. In sec.153.19(d), agency voucher was added to allow agencies to submit payment of the fee in this form. Section 153.19(b)(4), the word certificate was misprinted as certification in the proposal. The new section establishes the fee schedule and processing in order to defray operating costs for the DWI Education Program. No comments were received regarding adoption of the rule. The new section is adopted under the Texas Code of Criminal Procedures, Article 42.12, sec.13h, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to promulgate written rules and regulations setting forth minimum standards and procedures for the operation of the Texas DWI Education Programs which are designed to provide information on the effects of alcohol and other drugs and driving skills; to help participants identify their own individual drinking or drugged driving patterns; and to assist participants in developing a plan to reduce the probability that will be involved in the future DWI behavior. The following is the code affected by these rules: Rule Number Code sec.153. 19-Texas Code of Criminal Procedures, Article 42.12, sec.13h. sec.153.19. Fees. (a) In order to partially defray the costs of administering this chapter, fees will be assessed by the commission in accordance with the fee schedule set forth in subsection (b) of this section. (b) The schedule of fees shall be as follows: (1) initial application fee-$250; (2) application renewal fee-$125; (3) instructor recertificate fee-$15; (4) program approval certificate duplication or replacement fee-$5.00; (5) instructor recertification certificate duplication or replacement fee- $5.00; (c) Fees paid to the commission by applicants are not refundable. (d) Remittances submitted to the commission in payment of fees may be in the form of cashier's check, money order, or agency voucher. 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 October 25, 1993. TRD-9330951 David P. Tatum Interim Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: November 16, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 867-8720 40 TAC sec.sec.153.35, 153.36, 153.38 The Texas Commission on Alcohol and Drug Abuse adopts amendments to sec.153.35, 153.36 and 153.38, concerning DWI Education Program Standards and Procedures, without changes to the proposed text as published in the July 2, 1993 issue of the Texas Register (18 TexReg 4294). Section 153.35 revised text wording and clarification of reference to the Code of Federal Regulations citation; in sec.153.36 program requirements are added regarding increasing number of courses conducted, adherence to the American with Disabilities Act, and requires programs to display certificate, and corrects punctuation; and sec.153.38 proposed requirements for the instructor's recertification process and fee is added. The amendments are to clarify the correct citation for the confidentially regulations and adds additional program operation requirements regarding facilities, displaying program certificates, and recertification criteria for instructors. No comments were received regarding adoption of the rules. The amendments are adopted under the Texas Code of Criminal Procedures, Article 42.12, sec.13h, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to promulgate written rules and regulations setting forth minimum standards and procedures for the operation of the Texas DWI Education Programs which are designed to provide information on the effects of alcohol and other drugs and driving skills; to help participants identify their own individual drinking or drugged driving patterns; and to assist participants in developing a plan to reduce the probability that will be involved in the future DWI behavior. The following is the code affected by these rules: Rule Number Code sec.153.35, 153,36, 153.38-Texas Code of Criminal Procedures, Article 42.12, sec.13h. 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 October 25, 1993. TRD-9330950 David P. Tatum Interim Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: November 16, 1993 Proposal publication date: July 2, 1993 For further information, please call: (512) 867-8720 Chapter 154. DWI Repeat Offender Program Standards and Procedures General Provisions 40 TAC sec.sec.154.1, 154.4, 154.5 The Texas Commission on Alcohol and Drug Abuse adopts amendments to sec.sec.154.1, 154.4, and 154.5, concerning DWI Repeat Offender Program Standards and Procedures, without changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4492). Section 154.1 defines commonly used terms in DWI Repeat Offender Programs. Section 154.4 addresses the inclusion of an application for approval. Section 154.5 addresses the inclusion of a fee for initial application and renewal application of program approval. The sections established quality programming in DWI Repeat Offender Education Programs approved by the commission. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Code of Criminal Procedures, Article 42.12, sec.13(j), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to promulgate written rules and regulations setting forth minimum standards and procedures for the operation of the Texas DWI Repeat Offender Education Program rules. The following is the code affected by these rules: Rule Number Code sec.sec.154. 1, 154.4, and 154.5, Texas Code of Criminal Procedures, Article 42.12, sec.13(j) . 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 October 25, 1993. TRD-9330949 David P. Tatum Interim Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: November 16, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 867-8720 40 TAC sec.154.8 The Texas Commission on Alcohol and Drug Abuse adopts new sec.154.8, concerning DWI Repeat Offender Program Standards and Procedures, with changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4492). The new section establishes the fee schedule for new programs, payment of fees, recertification of programs, instructor recertification and fee for duplication of certificates. In sec.154.8(d) the agency voucher was added to allow agencies to submit payment of the fee in this form. The section established quality programming in DWI Repeat Offender Education Programs approved by the commission. No comments were received regarding adoption of the new section. The new section is adopted under the Texas Code of Criminal Procedures, Article 42.12, sec.13(j), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to promulgate written rules and regulations setting forth minimum standards and procedures for the operation of the Texas DWI Repeat Offender Education Program rules. The following is the code affected by these rules: Rule Number Code sec.154. 8, Texas Code of Criminal Procedures, Article 42.12, sec.13(j). sec.154.8. Fees. (a) In order to partially defray the costs of administering this chapter, fees will be assessed by the commission in accordance with the fee schedule set forth in subsection (b) of this section. (b) The schedule of fees shall be as follows: (1) initial application fee-$250; (2) application renewal fee-$125; (3) program approval certificate duplication or replacement fee-$5.00. (c) Fees paid to the commission by applicants are not refundable. (d) Remittances submitted to the commission in payment of fees may be in the form of cashier's check, money order, or agency voucher. 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 October 25, 1993. TRD-9330948 David P. Tatum Interim Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: November 16, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 867-8720 DWI Repeat Offender Program Standards 40 TAC sec.sec.154.21, 154.23, 154.24, 154.28 The Texas Commission on Alcohol and Drug Abuse adopts amendments to sec.sec.154.21, 154.23, 154.24, and 154.28, concerning DWI Repeat Offender Program Standards and Procedures. Section 154.21 is adopted with changes to the proposed text as published in the July 9, 1993, issue of the Texas Register (18 TexReg 4493). Sections 154.23, 154.24, and 154.28 are adopted without changes and will not be republished. Section 154.21 revises the Texas Commission on Alcohol and Drug Abuse's mailing address. Section 154.23 revises text wording and clarification of reference to Code of Federal Regulations citation. Section 154.24 clarifies the purpose of a screening instrument. Section 154.28 adds requirement for instructors. A change made in sec.154.21 reflects the commission's new address. The section established quality programming in DWI Repeat Offender Education Programs approved by the commission. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Code of Criminal Procedures, Article 42.12, sec.13(j), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to promulgate written rules and regulations setting forth minimum standards and procedures for the operation of the Texas DWI Repeat Offender Education Program rules. The following is the code affected by these rules: Rule Number Code sec.sec.154. 21, 154.23, 154.24, and 154.28, Texas Code of Criminal Procedures, Article 42. 12, sec.13(j). sec.154.21. Program Content. The content of an Approved DWI Repeat Offender Program shall be uniform, and shall consist of the curriculum contained in the Texas DWI Intervention Program. The Texas DWI Intervention Program is a state- approved curriculum which is hereby adopted by the commission and incorporated by reference herein. The Texas DWI Intervention Program has been approved by the commission, and is available for review free of charge, at the Texas Commission on Alcohol and Drug Abuse, 710 Brazos Street, Austin, Texas 78701-2576, (512) 867-8700. 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 October 25, 1993. TRD-9330947 David P. Tatum Interim Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: November 16, 1993 Proposal publication date: July 9, 1993 For further information, please call: (512) 867-8720