ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 1. General Procedures Subchapter C. Minority Purchasing 4 TAC sec.sec.1.71-1.77 The Texas Department of Agriculture (the department) adopts new sec.sec.1. 71- 1.77, concerning minority purchasing, without changes to the proposed text as published in the November 9, 1993, issue of the Texas Register (18 TexReg 8060). The new sections provide for the solicitation of minority and female-owned businesses, and historically underutilized businesses (HUBs) to bid for contract and open market purchases of the department and the enhancement of contracting opportunities for these businesses. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Agriculture Code, sec.12.029, which requires the department to establish policies to encourage minority and female- owned small businesses to bid for contract and open market purchases of the department and to assist those businesses in that bidding. 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 January 10, 1994. TRD-9434474 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: January 31, 1994 Proposal publication date: November 9, 1993 For further information, please call: (512) 463-7583 TITLE 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce Chapter 182. Small Business Assistance Subchapter B. Historically Underutilized Businesses 10 TAC sec.sec.182.51-182.60 The Texas Department of Commerce adopts new sec.sec.182.51-182.60, implementing the Historically Underutilized Business and Small Business Linked Deposit Program enacted by the 73rd Legislature in Senate Bill 259 through the addition of the Texas Government Code, Chapter 481, Subchapter N, without changes to the proposed text as published in the December 10, 1993, issue of the Texas Register (18 TexReg 9157). Section 182.51 sets forth the purpose of the Program. Section 182.53 sets forth the application procedures for eligible borrowers. Section 182.54 sets forth the application procedures applicable to lenders. Section 182.55 establishes the procedure for review of lender applications by the Texas Department of Commerce. Section 182.56 establishes procedures for the acceptance and rejection of lender applications by the Texas Department of Commerce and the Texas State Treasury. It also establishes that an eligible borrower or lender whose application has been rejected may seek reconsideration of the application from the executive director of the Texas Department of Commerce. The decision of the executive director concerning disposition of the application is final and binding. Section 182.56 also requires a lender to terminate a linked deposit program if the loan is prepaid and requires that corresponding reductions in linked deposits be made in like amount to quarterly principal reductions of $1, 000 or more. It also allows the State Treasury to withdraw linked deposits if a lender ceases to be a state depository. Finally, sec.182.56 provides that the late payment of a loan by a borrower does not affect the validity of the linked deposit through the period of the fiscal biennium. Section 182.57 sets forth the process by which a municipality may apply to the Texas Department of Commerce Policy Board for designation of a subarea of the municipality as a distressed community under the Program. Section 182.58 sets forth Program limitations not found in other sections of the rules, including a restriction that no more than $3 million may be placed concurrently in all linked deposits under the Program; that no more than $1 million may be placed in all linked deposits at any one time prior to September 1, 1995; that the minimum amount of a loan under the Program is $10, 000; that the maximum amount of a loan under the Program is $100,000; that loans granted under the Program may be applied to the purchase, construction or lease of capital assets, including land, buildings and equipment, that lenders may charge their usual and necessary application fees and other fees and expenses in connection with loans under the Program; that linked deposits under the Program shall expire upon the expiration of the state fiscal biennium in which they were placed; subject to renewal if there is legislative authorization and approval by the Texas Department of Commerce and the State Treasury; that the state shall not be liable for any failure to comply with the terms and conditions of the loans, or any failure to make any payment or any other losses or expenses occurring from the Program; and that a person who is in default under an existing loan shall not have an application approved under the Program. Section 182.59 contains a severability provision which provides that the invalidity of any part of the rules shall not affect the validity of the remainder of the rules. Section 182.60 provides the name, address and telephone number for the division within the Texas Department of Commerce which should be addressed concerning the Historically Underutilized Business and Small Business Linked Deposit Program. No comments were received regarding adoption of the proposed rules. The new sections are adopted under the authority of the Texas Government Code, sec.481.005 and sec.481.193(b), which provides the Texas Department of Commerce the authority to adopt and enforce necessary rules and the Administrative Procedure Act, Subchapter B, Rulemaking (Vernon's Session Laws 1993), which sets forth the rulemaking procedures to be followed by state agencies in proposing and adopting rules. Section 481.193(b) of the Texas Government Code is affected by these 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 January 12, 1994. TRD-9434578 Deborah C. Kastrin Acting Executive Director Texas Department of Commerce Effective date: February 2, 1994 Proposal publication date: December 10, 1993 For further information, please call: (512) 320-9666 TITLE 22. EXAMINING BOARDS Part X. Texas Funeral Service Commission Chapter 203. Licensing and Enforcement-Specific Substantive Rules 22 TAC sec.203.4 The Texas Funeral Service Commission adopts an amendment to sec.203.4, without changes to the proposed text as published in the December 10, 1993, issue of the Texas Register (18 TexReg 1961). The rule is necessary to ensure the public is protected by enhanced knowledge about the ownership of funeral establishments and the ability to prohibit the ability to transfer licenses to avoid scrutiny by the commission. The rule will function by requiring that whenever a funeral establishment changes ownership, the new owners will have to apply for a new license to operate within 15 days of the date of change. No comments were received regarding adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 4582b, sec.5, which provide the Texas Funeral Service Commission with the authority to adopt rules and prescribe forms necessary to administer 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 January 10, 1994. TRD-9434521 Larry A. Farrow Executive Director Texas Funeral Service Commission Effective date: February 1, 1994 Proposal publication date: December 10, 1993 For further information, please call: (512) 834-9992 Subchapter J. Examination Expenses and Assessments 28 TAC sec.7.1012 The Texas Department of Insurance adopts new sec.7.1012, concerning rates of assessment and charges to cover the expenses of examining insurance companies, without changes to the proposed text as published in the December 7, 1993, issue of the Texas Register (18 TexReg 9086). The section is necessary to provide a method and rate of assessment for domestic and foreign insurance company examination expenses. Examination assessment rates vary from year to year since the rate is based on the examination costs of the department after taking into account any unexpended funds. Section 7.1012 provides the method and the rates of assessment for examination expenses of foreign and domestic insurance companies. Rates of assessment are levied against and collected from each domestic insurance company based on admitted assets and gross premium receipts for the 1994 calendar year, and from each foreign insurance company examined during the 1994 calendar year based on a percentage of the gross salary paid to an examiner for each month or part of a month during which the examination is made. The expenses and charges to be assessed are in addition to, and not in lieu of, any other charge which may be made under law, including the Insurance Code, Article 1.16. No comments were received regarding adoption of the new section. The new section is adopted under the Insurance Code, Articles 1.16 and 1. 03A. The Insurance Code, Article 1.16 authorizes the Texas Department of Insurance to make assessments and charges in such amounts as the commissioner shall certify to be just and to comply with the provisions of the laws of this state relating to the examination of insurance companies and to comply with the provisions of the Insurance Code, Articles 1.16, 1.17, and 1.18. Article 1. 03A authorizes the commissioner of insurance to adopt rules and regulations for the conduct and execution of the duties and functions of the department as authorized by statute. 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 January 12, 1994. TRD-9434586 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: February 2, 1994 Proposal publication date: December 7, 1993 For further information, please call: (512) 463-6327 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 7. Corporate and Financial Regulation Subchapter C. Maintenance Taxes 28 TAC sec.1.414 The Texas Department of Insurance of the Texas Department of Insurance adopts new sec.1.414, concerning assessment of maintenance taxes on insurance companies, without changes to the proposed text as published in the December 7, 1993, issue of the Texas Register (18 TexReg 9084). The new section is necessary to provide rates of assessment and record the rates of assessment for maintenance taxes for 1994 for all lines of insurance. In subsection (d) of the text, the year pertaining to the filing of the annual statement was changed from 1993 to 1994. Section 1.414 provides the methods of assessment on the basis of gross premium receipts for calendar year 1993 or on some other statutorily designated basis. These rates apply to life, accident, and health insurance; motor vehicle insurance; casualty and fidelity insurance and guaranty and surety bonds; fire and allied lines insurance, including marine; workers' compensation insurance; title insurance; health maintenance organizations; third party administrators; and corporations issuing prepaid legal services contracts. The department received two comments relating to the rates for health maintenance organizations. a. One commentor was concerned with the size of rate increases for both single service and multi-service health maintenance organizations. The commentor stated that operating expenses, in particular the indirect costs of the department, should be closely scrutinized to avoid unnecessary tax increases which cause unnecessary increases in health care cost. The department staff believes that the department's direct costs are reasonable and are accurately reflected in the rates. Indirect costs are also closely scrutinized and controlled by the department to the highest degree possible. Consequently, no change has been made to the text of 28 TAC sec.1.414 based on this comment. b. The other commentor stated that the "per enrollee" rate for single service health maintenance organizations was unfairly high compared to the "per enrollee" rate for multi-service health maintenance organizations due to the difference in "per enrollee" revenues realized between the two types of companies. Department staff noted that the method of setting rates for single and multi-service companies has been consistently applied over the past several years. Since this comment referred to the rate-setting process but did not impact the terminology of the rule as published, no change has been made to the text of 28 TAC sec.1.414. However, department staff will re-examine the methodology for determining single service and multi-service rates to ensure the equitable treatment of both types of companies in setting future rates. Commentors against the rate increases on health maintenance organizations were Akin, Gump, Strauss, Hauer & Feld, L.L.P., Attorneys at Law, on behalf of the Texas Health Maintenance Organization Association, and the American Dental Corporation. No comments in favor of the section were received. The new section is adopted under the Insurance Code, Articles 4.17, 5.12, 5. 24, 5.49, 5.68, 9.46, 21.07-6-21, 23.08, and 1.03A, and the Texas Health Maintenance Organization Act, Article 20A.33, which provide authorization for the Texas Department of Insurance to assess maintenance taxes for the lines of insurance and related activities specified in new sec.1.414. The Insurance Code, Article 4.17 establishes a maintenance tax based on insurance premiums for life, accident, and health coverage. Article 5.12 establishes a maintenance tax based on insurance premiums for motor vehicle coverage. Article 5.24 establishes a maintenance tax based on insurance premiums for casualty insurance and fidelity, guaranty and surety bonds coverage. Article 5.49 establishes a maintenance tax based on insurance premiums for fire and allied lines coverage, including inland marine. Article 5.68 establishes a maintenance tax based on insurance premiums for workers' compensation coverage. Article 9.46 establishes a maintenance tax based on insurance premiums for title coverage. Article 21.07-6, sec.21, establishes a maintenance tax based on the gross amount of administrative or service fees for third party administrators. Article 23.08 establishes a maintenance tax based on gross revenue of corporations issuing prepaid legal service contracts. The Texas Health Maintenance Organization Act, Section 33 (codified at the Insurance Code, Article 20A.33), provides authorization for the Texas Department of Insurance to assess maintenance taxes for the lines of insurance and related activities specified in proposed sec.1.414. Article 1.03A authorizes the commissioner of insurance to adopt rules and regulations for the conduct and execution of the duties and functions of the department as authorized by statute. 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 January 12, 1994. TRD-9434584 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: February 2, 1994 Proposal publication date: December 7, 1993 For further information, please call: (512) 463-6327 28 TAC sec.1.415 The Texas Department of Insurance adopts new sec.1.415, concerning the assessment of a maintenance tax surcharge which will be used to service the bond debt for the Texas Workers' Compensation Insurance Fund, with a change to the proposed text as published in the December 7, 1993, issue of the Texas Register (18 TexReg 9085). The section is necessary to provide a method of assessment and to record the rate of assessment of taxes and surcharges due in 1994 on the basis of gross premium receipts for calendar year 1993 for workers' compensation insurance companies. In paragraph (a) of the text portion, the term "insurance company" has been changed to "insurance carrier" to clarify that the assessment pertains to both insurance companies and certified self-insurers. Section 1.415 provides the assessment of a maintenance tax surcharge which will be used to service the bond debt for the Texas Workers' Compensation Insurance Fund. Annually, a maintenance tax surcharge is set by the Texas Department of Insurance on behalf of the Texas Workers' Compensation Insurance Fund in accordance with the Texas Workers' Compensation Act. A tax form with instructions for filing and paying the surcharge will be distributed to all affected insurers by the Comptroller of Public Accounts. No comments were received regarding adoption of the new section. The section is proposed under the Insurance Code, Articles 5.76-5, 5.76-3, 5.68 and 1.03A and Texas Civil Statutes, Articles 8308-2.22, 8308-2.23, and 8308- 11.09. The Insurance Code, Article 5.76-5 establishes the maintenance tax surcharge. Article 5.76-3 establishes the Texas Workers' Compensation Insurance Fund. Article 5.68 establishes the maintenance tax based on premiums for workers' compensation coverage. Article 1.03A authorizes the Commissioner of Insurance to adopt rules and regulations for the conduct and execution of the duties and functions of the department as authorized by statute. Texas Civil Statutes, Articles 8308-2.22, 8308-2.23 and 8308-11.09 establish the maintenance tax for workers' compensation insurance companies. sec.1.415. Maintenance Tax Surcharge for the Texas Workers' Compensation Insurance Fund, 1994. (a) The maintenance tax surcharge is levied against each insurance carrier writing workers' compensation insurance in this state at the rate of 1. 2083% of the correctly reported gross workers' compensation insurance premiums for the calendar year 1993 to cover debt service for bonds issued on behalf of the Texas Workers' Compensation Insurance Fund. (b) The maintenance tax surcharge shall be payable and due to the Comptroller of Public Accounts, Austin, Texas 78774-0100 on March 1, 1994. 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 January 12, 1994. TRD-9434585 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: February 2, 1994 Proposal publication date: December 7, 1993 For further information, please call: (512) 463-6327 Subchapter J. Examination Expenses and Assessments 28 TAC sec.7.1012 The Texas Department of Insurance adopts new sec.7.1012, concerning rates of assessment and charges to cover the expenses of examining insurance companies, without changes to the proposed text as published in the December 7, 1993, issue of the Texas Register (18 TexReg 9086). The section is necessary to provide a method and rate of assessment for domestic and foreign insurance company examination expenses. Examination assessment rates vary from year to year since the rate is based on the examination costs of the department after taking into account any unexpended funds. Section 7.1012 provides the method and the rates of assessment for examination expenses of foreign and domestic insurance companies. Rates of assessment are levied against and collected from each domestic insurance company based on admitted assets and gross premium receipts for the 1994 calendar year, and from each foreign insurance company examined during the 1994 calendar year based on a percentage of the gross salary paid to an examiner for each month or part of a month during which the examination is made. The expenses and charges to be assessed are in addition to, and not in lieu of, any other charge which may be made under law, including the Insurance Code, Article 1.16. No comments were received. The new section is adopted under the Insurance Code, Articles 1.16 and 1. 03A. The Insurance Code, Article 1.16 authorizes the Texas Department of Insurance to make assessments and charges in such amounts as the commissioner shall certify to be just and to comply with the provisions of the laws of this state relating to the examination of insurance companies and to comply with the provisions of the Insurance Code, Articles 1.16, 1.17, and 1.18. Article 1. 03A authorizes the commissioner of insurance to adopt rules and regulations for the conduct and execution of the duties and functions of the department as authorized by statute. TEXT. sec.7.1012. Domestic and Foreign Insurance Company Examination Assessments, 1994. (a) Foreign insurance companies examined during the 1994 calendar year shall pay for examination expenses according to the overhead rate of assessment specified in this subsection in addition to all other payments required by law including, but not limited to, the Insurance Code, Article 1. 16. Each foreign insurance company examined shall pay 34% of the gross salary paid to each examiner for each month or partial month of the examination in order to cover the examiner's longevity pay; state contributions to retirement, social security, and the state paid portion of insurance premiums; and vacation and sick leave accruals. The overhead assessment will be levied with each month's billing. (b) Domestic insurance companies shall pay according to this subsection and rates of assessment herein for examination expenses as provided in the Insurance Code, Article 1.16: (1) The actual salaries and expenses of the examiners allocable to such examination shall be paid. The annual salary of each examiner is to be divided by the total number of working days in a year, and the company is to be assessed the part of the annual salary attributable to each working day the examiner examines the company during 1994. The expenses assessed shall be those actually incurred by the examiner to the extent permitted by law. (2) An overhead assessment to cover administrative departmental expenses attributable to examination of companies, which shall be paid and computed as follows: (A) 0.00703 of 1.0% of the admitted assets of the company as of December 31, 1993, upon the corporations or associations to be examined taking into consideration the annual admitted assets that are not attributable to 90% of pension plan contracts as defined in Section 818(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section 818(a)); and (B) 0.01642 of 1.0% of the gross premium receipts of the company for the year 1993, upon the corporations or associations to be examined taking into consideration the annual premium receipts that are not attributable to 90% of pension plan contracts as defined in Section 818(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section 818(a)). (3) If the overhead assessment, as computed under paragraphs (b)(2)(A) and (b)(2)(B) of this subsection, produces an overhead assessment of less than a $25.00 total, a minimum overhead assessment of $25. 00 shall be levied and collected. (4) The overhead assessments are based on the assets and premium receipts reported in the annual statements, except where there has been an understating of assets and/or premium receipts. (5) For the purpose of applying paragraph (b)(2)(B), the term "gross premium receipts" does not include insurance premiums for insurance contracted for by a state or federal governmental entity to provide welfare benefits to designated welfare recipients or contracted for in accordance with or in furtherance of Title 2, Human Resources Code, of the federal Social Security Act (42 U.S.C. Section 301 et seq.). 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 January 12, 1994. TRD-9434586 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: February 2, 1994 Proposal publication date: December 7, 1993 For further information, please call: (512) 463-6327 Subchapter H. Annual Reports, Examinations, and Assessments 28 TAC sec.25.718 The Texas Department of Insurance adopts new sec.25.718, concerning the general administrative expense assessment of insurance premium finance companies, without changes to the proposed text as published in the December 7, 1993, issue of the Texas Register (18 TexReg 9087). The section is necessary to provide a rate of assessment sufficient to meet the expenses of performing the department's statutory responsibilities for examining, investigating, and regulating insurance premium finance companies. Section 25.718 provides the method and the rates of assessment to be levied against each insurance premium finance company. This assessment covers the general administrative expense of the past fiscal year and is collected from each insurance premium finance company on the basis of a percentage of total loan dollar volume for the 1993 calendar year. No comments were received regarding adoption of the new section. The new section is proposed under the Insurance Code, Articles 24.06(c), 24. 09, and 103A. Article 24.06(c) provides that each insurance premium finance company licensed by the department shall pay an amount assessed by the department to cover the direct and indirect cost of examinations and investigations and a proportionate share of general administrative expense attributable to regulation of insurance premium finance companies. Article 24. 09 authorizes the department to adopt and enforce rules necessary to carry out provisions of the Insurance Code concerning the regulation of insurance premium finance companies. Article 1.03A provides the commissioner with authority to adopt rules and regulations for the conduct and execution of the duties and functions of the department. The adopted new section affects regulation relating to premium finance insurance company examination expenses and assessments for 1994, under the Insurance Code, Article 24.06. 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 January 12, 1994. TRD-9434587 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: February 2, 1994 Proposal publication date: December 7, 1993 For further information, please call: (512) 463-6327 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 12. Special Nutrition Program Summer Food Service Program 40 TAC sec.12.103 The Texas Department of Human Services (DHS) adopts an amendment to sec.12. 103, without changes to the proposed text as published in the December 7, 1993, issue of the Texas Register (18 TexReg 9089). The amendment is justified to implement State Senate Bill 714 which mandates school districts, in which 60% or more of enrolled children are eligible for the National School Lunch Program, to provide or arrange for the Summer Food Service Program by the summer of 1997. The amendment will function by allowing more eligible children to be served by the Summer Food Service Program. The department received no comments regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. The amendment implements the Human Resources Code, sec. sec.22.001-22.024 and 33.001-33.024. 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 January 12, 1994. TRD-9434579 Nancy Murphy Section Manager, Policy and Document Support Texas Department of Human Services Effective date: March 1, 1994 Proposal publication date: December 7, 1993 For further information, please call: (512) 450-3765 Part III. Texas Commission on Alcohol and Drug Abuse Chapter 147. Approved Drug Offender Education Program General Provisions 40 TAC sec.sec.147.1, 147.2, 147.4 The Texas Commission on Alcohol and Drug Abuse adopts amendments to sec.sec.147.1, 147.2 and 147.4, concerning Approved Drug Offender Education Programs, without changes to the proposed text as published in the November 2, 1993, issue of the Texas Register (18 TexReg 7918) and will not be republished. In sec.147.1 the definitions of approval period and drug offender are amended to include misdemeanor offenses. Section 147.2 amends the objective of the program to include misdemeanor offenses. Section 147.4 allows for an agency to submit payment for fees by an agency voucher. The section established quality programming in Drug Offender Education Programs approved by the commission. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 6687b, sec.24B, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to promulgate written rules and regulations setting forth minimum standards for the operation of approved drug offender education programs for persons convicted of certain drug offenses and who must complete an approved drug offender education program in order to have a driver's license reinstated. The statute affected by the amendments is Texas Civil Statutes, Article 6687b, sec.24B. 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 January 10, 1994. TRD-9434478 David P. Tatum Interim Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: January 31, 1994 Proposal publication date: November 2, 1993 For further information, please call: (512) 867-8720 Chapter 147. Approved Drug Offender Education Program Drug Offender Education Program Standards 40 TAC sec.147.33 The Texas Commission on Alcohol and Drug Abuse adopts an amendment to sec.147.33, concerning Approved Drug Offender Education Programs, without changes to the proposed text as published in the November 2, 1993, issue of the Texas Register (18 TexReg 7918). Section 147.33 adds misdemeanor offenses in order to comply with the Texas Civil Statutes, Article 6687b, sec.24B. The section established quality programming in Drug Offender Education Programs approved by the commission. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 6687b, sec.24B, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to promulgate written rules and regulations setting forth minimum standards for the operation of approved drug offender education programs for persons convicted of certain drug offenses and who must complete an approved drug offender education program in order to have a driver's license reinstated. The statute affected by this amendment is Texas Civil Statutes, Article 6687b, sec.24B. 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 January 10, 1994. TRD-9434477 David P. Tatum Interim Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: January 31, 1994 Proposal publication date: November 2, 1993 For further information, please call: (512) 867-8720