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 7. BANKING AND SECURITIES Part VI. Credit Union Department Chapter 91. Chartering, Operations, Mergers, Liquidations Definitions 7 TAC sec.91.1 The Credit Union Commission adopts an amendment to sec.91.1, without changes to the proposed text as published in the December 17, 1993, issue of the Texas Register (18 TexReg 9662). The rule is changed to add definitions which clarify and support the meaning of sec.91.801 and deletes those definitions which are no longer applicable to sec.91.801. The new definitions will apply when an investment or loan in a Credit Union Service Organization is being made within the limitations of sec.91.801. There were no comments received regarding adoption of the rule. The amendment is adopted under Texas Civil Statutes, Article 2461-11.07, which provide the Credit Union Commission with the authority to adopt reasonable rules necessary for the administration of the Texas Credit Union 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 February 14, 1994. TRD-9436220 Robert W. Rogers Commissioner Credit Union Department Effective date: March 8, 1994 Proposal publication date: December 10, 1993 For further information, please call: (512) 837-9236 Investments 7 TAC sec.91.801 The Credit Union Commission adopts an amendment to sec.91.801, with changes to the proposed text as published in the December 17, 1993, issue of the Texas Register (18 TexReg 9663). The apostrophe on "15 days'" was removed from subsection (a), the "or" was removed from "specified by or the Act" in subsection (b) and "committee members" was changed to "committee member" in subsection (c)(1). This amendment will permit credit unions to invest in and made loans to a Credit Union Service Organization (CUSO) and defines the types of organization structures permitted for a CUSO, defines the types of services that can be offered by a CUSO, limits the amount of investment or loan that a credit union can make in a CUSO, and restricts interlocking ownership by credit union officials or employees in a CUSO. Credit unions will be authorized to invest in and make loans to a Credit Union Service Organization which may provide additional services to credit union members. There were no comments received concerning adoption of the rule. The amendment is adopted under the Texas Civil Statutes, Article 2461-11.07, which provide the Credit Union Commission with the authority to adopt reasonable rules necessary for the administration of the Texas Credit Union Act. sec.91.801. Investments in CUSOs. (a) A credit union by itself, or with other parties, may invest in or make loans to a CUSO only after giving at least 15 days advance written notice to the commissioner of its intention to make such investment or loans. The credit union shall provide any additional information reasonably requested by the commissioner. (b) An investment in any one CUSO shall not exceed the lesser of 5.0% of the credit union's total assets or the total amount of its reserves and undivided earnings. Loans to any one CUSO shall not exceed the aggregate limit for loans to one member specified by the Act, sec.7.02, or a rule adopted under that section. The total aggregate amount of all investments in all CUSOs by any one credit union shall not exceed 10% of the total assets of the credit union, unless the credit union receives the prior written approval of the commissioner. (c) No credit union may invest in or make loans to a CUSO: (1) if any officer, director, committee member, or employee of such credit union or any member of the immediate family of such persons owns or makes an investment in the CUSO; (2) unless the organization is structured as a corporation, limited liability company, or limited partnership; (3) if the CUSO provides services or engages in activities not described in this rule or which have not been approved by the commissioner in writing; or (4) unless prior to investing in or making a loan to a CUSO the credit union obtains a written agreement which requires the CUSO to follow GAAP, render financial statements to the credit union at least quarterly, and provide the department, or its representatives, complete access to the CUSO's books and records at reasonable times without undue interference with the business affairs of the CUSO. (d) Permissive activities and services of a CUSO include, but are not limited to: (1) operational services such as credit and debit card services, cash services, wire transfers, audits, ATM and other EFT services, share draft and check processing and related services, shared service center operations, electronic data processing, development, sale, lease, or servicing of computer hardware and software, loan related services, and any other services or activity related to the operations of credit unions; (2) financial services such as financial planning and counseling, securities brokerage and dealer activities, estate planning, tax services, insurance services, administering retirement, deferred compensation and other employee or business benefit plans, or any other service deemed economically beneficial or attractive to the members of the participating credit union or credit unions; or (3) any other service or activity approved by the commissioner. (e) The requirements of this rule apply only to investments or loans made after the effective date of this rule. 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 February 14, 1994. TRD-9436221 Robert W. Rogers Commissioner Credit Union Department Effective date: March 8, 1994 Proposal publication date: December 10, 1993 For further information, please call: (512) 837-9236 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 3. Oil and Gas Division Conservation Rules and Regulations 16 TAC sec.3.44 The Railroad Commission of Texas adopts the repeal of sec.3.44, regarding oil nominations, without changes to the proposed text as published in the January 4, 1994, issue of the Texas Register (19 TexReg 14). This section required purchasers to nominate crude oil to be purchased in the following month. This information was used to calculate oil allowables prior to the adoption of sec.3.90. The nominations are no longer needed because oil allowables are now set by the production factors of sec.3.90. The commission will meet its statutory obligation to monitor the market demand for oil by continuing to review relevant oil production, allowable, and storage data and by soliciting comments concerning the market demand for oil at the monthly statewide meeting. One comment was filed by the Permian Basin Petroleum Association supporting the repeal. No other comments were received. The repeal is adopted under the Texas Natural Resources Code, sec.sec.81.051, 81.052, 85.046, 85.053, 85.201-85.203, which provides the Railroad Commission of Texas with the authority to adopt rules to govern and regulate persons and their operations under the jurisdiction of the commission and to prevent waste of oil and gas in drilling and producing operations. 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 February 14, 1994. TRD-9436270 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Section Railroad Commission of Texas Effective date: March 8, 1994 Proposal publication date: January 4, 1994 For further information, please call: (512) 463-6923 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 89. Adaptations for Special Populations Subchapter E. General Educational Development 19 TAC sec.89.120 The Texas Education Agency (TEA) adopts an amendment to sec.89.120, concerning the equivalency examination pilot program, without changes to the proposed text as published in the November 19, 1993, issue of the Texas Register (18 TexReg 8506). The program is designed to help prepare students at risk of dropping out of school to take a high school equivalency exam. The amendment complies with Senate Bill 393 by removing the expiration date of the program. The rule will allow approximately 200 existing equivalency examination pilot programs to continue to operate without interruption. No public comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.11.351, which authorizes the State Board of Education to promulgate rules concerning an equivalency examination pilot program. 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 February 16, 1994. TRD-9436286 Criss Cloudt Associate Commissioner, Policy Planning and Evaluation Texas Education Agency Effective date: March 9, 1994 Proposal publication date: November 19, 1993 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS Part V. Texas State Board of Dental Examiners Chapter 101. Dental Licensure 22 TAC sec.101.7 The Texas State Board of Dental Examiners adopts an amendment to sec.101.7, without changes to the proposed text as published in the December 3, 1993, issue of the Texas Register (18 TexReg 8842). The amendment allows increased access to dental licensure thereby increasing access to dental care to the people of Texas. The section states that the TSBDE may license applicants by credentials, without examination, who meet all TSBDE and State of Texas minimum applicant requirements and general licensure qualifications and all criteria as stated. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4545a, which provide Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to insure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. 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 February 15, 1994. TRD-9436285 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Effective date: March 9, 1994 Proposal publication date: December 3, 1993 For further information, please call: (512) 463-6400 Chapter 115. Extension of Duties of Auxiliary Personnel -Dental Hygiene 22 TAC sec.115.20 The Texas State Board of Dental Examiners adopts new sec.115.20, without changes to the proposed text as published in the December 3, 1993, issue of the Texas Register (18 TexReg 8842). The new section brings the agency into compliance with Senate Bill 383 as passed by the Legislature and identified in Texas Civil Statutes, Article 6252- 33. The section states the Dental Hygiene Advisory Committee is established pursuant to Texas Civil Statutes, Article 4551e, sec.4A, for the purpose of advising the TSBDE on matters relating to dental hygiene. The TSBDE shall annually evaluate the Committee's work; the Committee shall elect from among its members a presiding officer who shall report to the TSBDE; the Committee shall be composed of a balanced representation of members of the dental hygiene profession and consumers. The Dental Hygiene Advisory Committee spoke in favor of the rule. The new rule is adopted under Texas Civil Statutes, Article 6252-33 and Article 4551e, which provide Texas State Board of Dental Examiners with the authority to adopt and enforce such rules and regulations not inconsistent with the laws of the state as may be necessary for the performance of its duties and/or to insure compliance with the state laws relating to the practice of dentistry to protect the public health and safety. 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 February 15, 1994. TRD-9436284 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Effective date: March 9, 1994 Proposal publication date: December 3, 1993 For further information, please call: (512) 463-6400